Federal Aviation Administration, DOT Section 193.11 another means is not protected under this part. (e) Sharing information with other agencies. The FAA may provide information that you have submitted under this part to other agencies with safety or security responsibilities. The agencies are subject to the requirements of 49 U.S.C. 40123 regarding nondisclosure of information. The FAA will give the information to another agency only if, for each such request, the other agency provides the FAA with adequate assurance, in writing, that - (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? When the FAA receives a subpoena for information you have submitted under this part, the FAA contacts you to determine whether you object to disclosure of the information or you wish to participate in responding to the subpoena. If both you and the FAA determine that release of the information is appropriate, the information is released. Otherwise, the FAA will not release information designated as protected under this part unless ordered to do so by a court of competent jurisdiction. Section 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. (1) The FAA may disclose de-identified, summarized information submitted under this part to explain the need for changes in policies and regulations. An example is the FAA publishing a notice of proposed rulemaking based on your information, and including a de-identified, summarized version of your infor- mation (and the information from other persons, if applicable) to explain the need for the notice of proposed rulemaking. (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. For each program, the FAA may find that there are additional circumstances under which withholding information provided under this part would not be consistent with the FAA-s safety and security responsibilities. Those circumstances are described in the designation for that program. Section 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 U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590 for paper submissions, and the Federal Docket Management System (FDMS) Web page at http://www.regulations.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. 899 VerDate Sep<11>2014 08:20 May 17, 2019 Jkt 247048 PO 00000 Frm 00909 Fmt 8010 Sfmt 8010 Y:\SGML\247048.XXX 247048