[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR193.11]



[Page 310-311]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 193_PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION--Table of 

Contents

 

Sec. 193.11  What is the notice procedure?



    This section states the notice procedure for the FAA to designate 

information as protected under this part. This procedure is used when 

there is not an immediate safety or security need for the information. 

This procedure generally is used to specify a type of information that 

you and others like you will provide on an on-going basis.

    (a) Application. You may apply to have information designated as 

protected under this part by submitting an application addressed to the 

Docket Management System (DMS), U.S. Department of Transportation, Room 

PL 401, 400 Seventh Street, SW., Washington, DC 20590-0001 for paper 

submissions, and the DMS web page at http://dms.dot.gov/ for electronic 

submissions. Your application must include the designation described in 

paragraph (c) of this section that you want the FAA to issue. You should 

not include in your application any information that you do not want 

available to the public. The FAA may issue a proposed designation based 

on the application or may deny your application.

    (b) Proposed designation. Before issuing a designation under this 

section, based either on your application or the FAA's own initiative, 

the FAA publishes a proposed designation in the Federal Register and 

requests comment.

    (c) Designation. The FAA designates information as protected under 

this part if, after review of the comments, the FAA makes the findings 

in Sec. 193.7. The FAA publishes in the Federal Register an order 

designating the information provided under the program as protected 

under this part. The designation includes the following:

    (1) A summary of why the FAA finds that you and others, if 

applicable, will provide the information voluntarily.

    (2) A description of the type of information that you and others, if 

applicable, may voluntarily provide under the program and a summary of 

why the FAA finds that the information is safety or security related.

    (3) A summary of why the FAA finds that the disclosure of the 

information would inhibit you and others, if applicable, from 

voluntarily providing of that type of information.

    (4) A summary of why the receipt of that type of information aids in 

fulfilling the FAA's safety and security responsibilities.

    (5) A summary of why withholding such information from disclosure 

would be consistent with the FAA's safety and security responsibilities, 

including a statement as to the circumstances under which, and a summary 

of why, withholding such information from disclosure would not be 

consistent with the FAA's safety and security responsibilities, as 

described in Sec. 193.9.

    (6) A summary of how the FAA will distinguish information protected 

under this part from information the FAA receives from other sources.

    (7) A summary of the significant comments received and the FAA's 

responses.

    (d) Amendment of designation. The FAA may amend a designation using 

the procedures in paragraphs (a), (b), and (c) of this section.



[[Page 311]]



    (e) Withdrawal of designation. The FAA may withdraw a designation 

under this section at any time the FAA finds that continuation of the 

designation does not meet the elements of Sec. 193.7, or if the 

requirements of the designation are not met. The FAA withdraws the 

designation by publishing a notice in the Federal Register. The 

withdrawal is effective on the date of publication or such later date as 

the notice may state. Information provided during the time the program 

was designated remains protected under this part and the program. 

Information provided after the withdrawal of the designation is 

effective is not protected under this part or the program.