Section 193.13

14 CFR Ch. I (1-1-19 Edition)

(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 Section 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 Section 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.
(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
Section 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.
[66 FR 33805, June 25, 2001, as amended at 72
FR 68475, Dec. 5, 2007]

Section 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. 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 information 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 protected under this part. The FAA designates the information as protected
under this part if the FAA - 
(1) Makes the findings as Section 193.7; and
(2) Finds that there is an immediate
safety or security need to obtain the
information without carrying out the
procedures in Section 193.11 of this part.
(c) Time limit. Except as provided in
paragraphs (c)(1) and (c)(2) of this section, no designation under this section
continues in effect for more than 60
days after the date of designation. Information provided during the time the
designation was in effect remains protected under this part. Information
provided that the designation ceases to

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