911
Federal Aviation Administration, DOT
§ 193.13
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 ap-
plication.
(b)
Proposed designation.
Before
issuing a designation under this sec-
tion, based either on your application
or the FAA’s own initiative, the FAA
publishes a proposed designation in the
F
EDERAL
R
EGISTER
and requests com-
ment.
(c)
Designation.
The FAA designates
information as protected under this
part if, after review of the comments,
the FAA makes the findings in § 193.7.
The FAA publishes in the F
EDERAL
R
EGISTER
an order designating the in-
formation provided under the program
as protected under this part. The des-
ignation 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 infor-
mation that you and others, if applica-
ble, may voluntarily provide under the
program and a summary of why the
FAA finds that the information is safe-
ty or security related.
(3) A summary of why the FAA finds
that the disclosure of the information
would inhibit you and others, if appli-
cable, from voluntarily providing of
that type of information.
(4) A summary of why the receipt of
that type of information aids in ful-
filling 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, in-
cluding a statement as to the cir-
cumstances under which, and a sum-
mary of why, withholding such infor-
mation 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 re-
sponses.
(d)
Amendment of designation.
The
FAA may amend a designation using
the procedures in paragraphs (a), (b),
and (c) of this section.
(e)
Withdrawal of designation.
The
FAA may withdraw a designation
under this section at any time the FAA
finds that continuation of the designa-
tion does not meet the elements of
§ 193.7, or if the requirements of the
designation are not met. The FAA
withdraws the designation by pub-
lishing a notice in the F
EDERAL
R
EG
-
ISTER
. The withdrawal is effective on
the date of publication or such later
date as the notice may state. Informa-
tion provided during the time the pro-
gram was designated remains protected
under this part and the program. Infor-
mation provided after the withdrawal
of the designation is effective is not
protected under this part or the pro-
gram.
[66 FR 33805, June 25, 2001, as amended at 72
FR 68475, Dec. 5, 2007]
§ 193.13 What is the no-notice proce-
dure?
This section states the no-notice pro-
cedure for the FAA to designate infor-
mation as protected under this part.
This procedure is used when there is an
immediate safety or security need for
the information. This procedure gen-
erally is used for specific information
that you will provide on a short-term
basis.
(a)
Application.
You may request that
the FAA designate information you are
offering as protected under this part.
You must state your name, at least the
general nature of information, and
whether you will provide the informa-
tion without the protection of this
part. Your request may be verbal or
writing.
(b)
Designation.
The FAA issues a
written order designating information
provided under this section as pro-
tected under this part. The FAA des-
ignates the information as protected
under this part if the FAA—
(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.
Except as provided in
paragraphs (c)(1) and (c)(2) of this sec-
tion, no designation under this section
continues in effect for more than 60
