909
Federal Aviation Administration, DOT
§ 193.7
whether or not the agency is within or
subject to review by another agency,
but does not include—
(1) The Congress;
(2) The courts of the United States;
(3) The governments of the terri-
tories or possessions of the United
States;
(4) The government of the District of
Columbia;
(5) Court martial and military com-
missions.
De-identified
means that the identity
of the source of the information, and
the names of persons have been re-
moved from the information.
Disclose
means to release information
to a person other than another agency.
Examples are disclosures under the
Freedom of Information Act (5 U.S.C.
552), in rulemaking proceedings, in a
press release, or to a party to a legal
action.
Information
includes data, reports,
source, and other information. ‘‘Infor-
mation’’ may be used to describe the
whole or a portion of a submission of
information.
Summarized
means that individual in-
cidents are not specifically described,
but are presented in statistical or
other general form.
Voluntary
means that the informa-
tion was not required to be submitted
as part of a mandatory program, and
was not submitted as a condition of
doing business with the government.
‘‘Voluntarily-provided information’’
does not include information submitted
as part of complying with statutory,
regulatory, or contractual require-
ments, except that information sub-
mitted as part of complying with a vol-
untary program under this part is con-
sidered to be voluntarily provided.
§ 193.5 How may I submit safety or se-
curity information and have it pro-
tected 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 pro-
posal developed by the FAA.
(b) You may be any person, including
an individual, a company, or an organi-
zation.
(c) You may propose to develop a pro-
gram 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 sub-
mit it issues an order designating the
information as protected under this
part.
(e) The FAA only issues an order des-
ignating information as protected if
the FAA makes the findings in § 193.7.
(f) The designation may be for a pro-
gram 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 ac-
tion. Limits on enforcement action ap-
plicable 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 pro-
tected?
(a)
General.
When the FAA issues an
order designating information as pro-
tected under this part, the FAA does
not disclose the information except as
provided in this part.
(b)
What findings does the FAA make
before designating information as pro-
tected?
The FAA designates informa-
tion as protected under this part when
the FAA finds that—
(1) The information is provided vol-
untarily;
(2) The information is safety or secu-
rity related;
(3) The disclosure of the information
would inhibit the voluntary provision
of that type of information;
(4) The receipt of that type of infor-
mation aids in fulfilling the FAA’s
safety and security responsibilities;
and
(5) Withholding such information
from disclosure, under the cir-
cumstances 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 In-
formation Act (FOIA)?
The FAA does
not disclose information that is des-
ignated as protected under this part in
response to a FOIA request.
910
14 CFR Ch. I (1–1–24 Edition)
§ 193.9
(d)
What if the FAA obtains from an-
other source the same information I sub-
mit?
Only information received under a
program under this part is protected
from disclosure under this part. Infor-
mation obtained by the FAA through
another means is not protected under
this part.
(e)
Sharing information with other
agencies.
The FAA may provide infor-
mation that you have submitted under
this part to other agencies with safety
or security responsibilities. The agen-
cies 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 assur-
ance, in writing, that—
(1) The agency has a safety or secu-
rity need for the information, includ-
ing the general nature of the need.
(2) The agency will protect the infor-
mation from disclosure as required in
49 U.S.C. 40123, this part, and the des-
ignation. This includes a commitment
that the agency will mark the informa-
tion 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 informa-
tion you have submitted under this
part, the FAA contacts you to deter-
mine whether you object to disclosure
of the information or you wish to par-
ticipate in responding to the subpoena.
If both you and the FAA determine
that release of the information is ap-
propriate, the information is released.
Otherwise, the FAA will not release in-
formation designated as protected
under this part unless ordered to do so
by a court of competent jurisdiction.
§ 193.9 Will the FAA ever disclose in-
formation that is designated as pro-
tected 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, sum-
marized 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-identi-
fied, 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 informa-
tion provided under this part to correct
a condition that compromises safety or
security, if that condition continues
uncorrected.
(3) The FAA may disclose informa-
tion provided under this part to carry
out a criminal investigation or pros-
ecution.
(4) The FAA may disclose informa-
tion provided under this part to comply
with 49 U.S.C. 44905, regarding informa-
tion about threats to civil aviation.
(b)
Additional disclosures.
For each
program, the FAA may find that there
are additional circumstances under
which withholding information pro-
vided under this part would not be con-
sistent with the FAA’s safety and secu-
rity responsibilities. Those cir-
cumstances are described in the des-
ignation for that program.
§ 193.11 What is the notice procedure?
This section states the notice proce-
dure for the FAA to designate informa-
tion as protected under this part. This
procedure is used when there is not an
immediate safety or security need for
the information. This procedure gen-
erally is used to specify a type of infor-
mation that you and others like you
will provide on an on-going basis.
(a)
Application.
You may apply to
have information designated as pro-
tected 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 appli-
cation must include the designation de-
scribed in paragraph (c) of this section
that you want the FAA to issue. You
should not include in your application