PART 193—PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION Authority: 49 U.S.C. 106(g), 40113, 40123. Source: 66 FR 33805, June 25, 2001, unless otherwise noted. § 193.1 What does this part cover? This part describes when and how the FAA protects from disclosure safety and security information that you submit voluntarily to the FAA. This part carries out 49 U.S.C. 40123, protection of voluntarily submitted information. § 193.3 Definitions. Agency (1) The Congress; (2) The courts of the United States; (3) The governments of the territories or possessions of the United States; (4) The government of the District of Columbia; (5) Court martial and military commissions. De-identified Disclose Information Summarized Voluntary § 193.5 How may I submit safety or security information and have it protected from disclosure? (a) You may do so under a program under this part. The program may be developed based on your proposal, a proposal from another person, or a proposal developed by the FAA. (b) You may be any person, including an individual, a company, or an organization. (c) You may propose to develop a program under this part using either the notice procedure in § 193.11 or the no-notice procedure in § 193.13. (d) If the FAA decides to protect the information that you propose to submit it issues an order designating the information as protected under this part. (e) The FAA only issues an order designating information as protected if the FAA makes the findings in § 193.7. (f) The designation may be for a program in which all similar persons may participate, or for a program in which only you submit information. (g) Even if you receive protection from disclosure under this part, this part does not establish the extent to which the FAA may or may not use the information to take enforcement action. Limits on enforcement action applicable to a program under this part will be in another policy or rule. § 193.7 What does it mean for the FAA to designate information as protected? (a) General. (b) What findings does the FAA make before designating information as protected? (1) The information is provided voluntarily; (2) The information is safety or security related; (3) The disclosure of the information would inhibit the voluntary provision of that type of information; (4) The receipt of that type of information aids in fulfilling the FAA's safety and security responsibilities; and (5) Withholding such information from disclosure, under the circumstances provided in this part, will be consistent with the FAA's safety and security responsibilities. (c) How will the FAA handle requests for information under the Freedom of Information Act (FOIA)? (d) What if the FAA obtains from another source the same information I submit? (e) Sharing information with other agencies. (1) The agency has a safety or security need for the information, including the general nature of the need. (2) The agency will protect the information from disclosure as required in 49 U.S.C. 40123, this part, and the designation. This includes a commitment that the agency will mark the information as provided in the designation. (3) The agency will limit access to those with a need to know to carry out safety or security responsibilities. (f) What if the FAA receives a subpoena for the information I submit? § 193.9 Will the FAA ever disclose information that is designated as protected under this part? The FAA discloses information that is designated as protected under this part when withholding it would not be consistent with the FAA's safety and security responsibilities, as follows: (a) Disclosure in all programs. (2) The FAA may disclose information provided under this part to correct a condition that compromises safety or security, if that condition continues uncorrected. (3) The FAA may disclose information provided under this part to carry out a criminal investigation or prosecution. (4) The FAA may disclose information provided under this part to comply with 49 U.S.C. 44905, regarding information about threats to civil aviation. (b) Additional disclosures. § 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. http://www.regulations.gov (b) Proposed designation. Federal Register (c) Designation. Federal Register (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 § 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. (e) Withdrawal of designation. Federal Register. [66 FR 33805, June 25, 2001, as amended at 72 FR 68475, Dec. 5, 2007] § 193.13 What is the no-notice procedure? This section states the no-notice procedure for the FAA to designate information as protected under this part. This procedure is used when there is an immediate safety or security need for the information. This procedure generally is used for specific information that you will provide on a short-term basis. (a) Application. (b) Designation. (1) Makes the findings as § 193.7; and (2) Finds that there is an immediate safety or security need to obtain the information without carrying out the procedures in § 193.11 of this part. (c) Time limit. (1) The procedures to designate such information under § 193.11(a) have been initiated, or (2) There is an ongoing enforcement or criminal investigation, in which case the designation may continue until the investigation is completed. (d) Amendment of designation. (e) Withdrawal of designation. § 193.15 What FAA officials exercise the authority of the Administrator under this part? (a) The authority to issue proposed and final designations, to issue proposed and final amendments of designations, and to withdraw designations under this part, and to disclose information that has been designated as protected under this part, is delegated by the Administrator to Associate Administrators and Assistant Administrators and to the Chief Counsel, their Deputies, and any individual formally designated as Acting Associate or Assistant Administrator, Acting Chief Counsel, or Acting Deputy of such offices. (b) The officials identified in paragraph (a) of this section may further delegate the authority to issue proposed designations and proposed amendments to designations. § 193.17 How must design and production approval holders handle information they receive from the FAA under this part? (a) If the FAA discloses information under § 193.9(a)(2) to the holders of design approvals of production approvals issued by the FAA, the approval holder must disclose that information only to persons who need to know the information to address the safety or security condition. (b) Unless an emergency exists, before disclosing information to approval holders the FAA will contact the submitter of the information.