[Federal Register: October 26, 2004 (Volume 69, Number 206)]
[Notices]
[Page 62503-62505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc04-96]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2004-19400]
Commercial Aviation Safety Team Safety Enhancements
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed order designating information as protected
from disclosure.
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SUMMARY: The FAA is proposing that information provided to the agency
from voluntary compliance with safety enhancements recommended by the
Commercial Aviation Safety Team (CAST) be designated by an FAA order as
protected from public disclosure in accordance with the provisions of
14 CFR part 193. Under 49 U.S.C. 40123 the FAA is required to protect
the information from disclosure to the public, including disclosure
under the Freedom of Information Act (5 U.S.C. 552) or other laws,
following issuance of such order. The designation is intended to
encourage sharing of information between the FAA and operators
implementing the CAST safety enhancements.
DATES: Comments must be received on or before November 9, 2004.
ADDRESSES: You may send comments [identified by Docket Number FAA-2004-
19400] using any of the following methods:
DOT Docket Web Site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide Rulemaking Web Site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
[[Page 62504]]
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Margaret Gilligan, Deputy Associate
Administrator, Regulation And Certification, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-7804.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to participate by submitting
written comments, data, or views. The most helpful comments reference a
specific portion of the proposal, explain the reason for any
recommended change, and include supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed order. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also review the docket using the
Internet at the Web address in the ADDRESSES section.
Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing
the comment on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you may visit
http://dms.dot.gov.
Before acting on this proposal, we will consider all comments we
receive on or before the closing date for comments. We will consider
comments filed late if it is possible to do so without incurring
expense or delay. We may change this proposal in light of the comments
we receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, include with your comments a pre-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it to you.
Availability of Proposed Designation
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm
; or
(3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html
.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number, or notice number of this document.
Background
Under 49 U.S.C. 40123, certain voluntarily provided safety
information is protected from disclosure in order to encourage persons
to provide the information to the FAA. The FAA must first issue an
order specifying why the agency finds that the information should be
protected in accordance with that section. The FAA's rules for
implementing that section are in 14 CFR part 193. If the Administrator
issues an order designating information as protected under section
40123, that information will not be disclosed under the Freedom of
Information Act (5 U.S.C. 552) or other laws except as provided in
section 40123, part 193, and the order designating the information as
protected. This proposed order is issued under 14 CFR 193.11, which
sets out the notice procedure for designating information as protected.
Description of the Proposed Safety Information To Be Protected
In December 1997, the National Civil Aviation Review Commission
recommended that all elements of the Civil Aviation community join
together to establish an integrated safety agenda that would continue
to drive down the fatal accident rate for commercial aviation. To
respond to this recommendation, the Aviation community created the
Commercial Aviation Safety Team (CAST). CAST is a voluntary
organization made up of government agencies, air operators,
manufacturers and aviation labor organizations dedicated to reducing
the commercial aviation accident rate by 80% by 2007. The team's work
has centered on the analysis of past accidents in particular
categories. Based on the analysis, CAST identifies safety enhancements
which, if implemented will reduce the risk of these types of accidents
happening in the future.
The safety enhancements may call for action by government agencies
manufacturers, operators, or aircrew.
CAST has identified 47 safety enhancements in its current plan, and
future safety enhancements included in later revisions to the CAST
plan, which CAST members have agreed to implement. Because
implementation is voluntary, and may be different at various operators
or manufacturers, CAST members agree it is important to collect
information to evaluate the level of implementation. This information
will be invaluable to measuring CAST's effectiveness in reducing the
fatal accident rate.
Summary of the Safety Information To Be Protected
A. Who may participate? Air operators, crewmembers and
manufacturers who are targeted to implement safety enhancements
recommended by CAST.
B. What voluntarily provided information would be protected from
disclosure under this proposed designation?
1. All information related to whether an operator, crewmember, or
manufacturer has implemented a safety enhancement recommended by CAST
that is reported to an FAA inspector or other FAA representative.
2. All information related to the level of implementation, the
methods used to implement and the results of implementation provided by
an operator, crewmember or manufacturer to an FAA inspector or other
FAA representation.
3. All information related to whether an operator, crewmember or
manufacturer has implemented a safety enhancement recommended by CAST
that is reported to FAA by a CAST member organization.
4. All information related to the level of implementation by an
operator, crewmember or manufacturer reported to the FAA by a CAST
member organization.
5. Reports prepared by FAA, any CAST member organization, or any
team or workgroup established by CAST that is based on information
related to the implementation of safety enhancements.
6. Any database containing information related to the
implementation of safety enhancements and/or the effectiveness of these
safety enhancements in eliminating or mitigating the underlying safety
hazard.
C. How persons can participate?
[[Page 62505]]
An operator, crewmember or manufacturer can participate by
voluntarily providing data related to implementation of safety
enhancements to an FAA inspector, to another FAA representative or to
CAST through a CAST member organization.
D. Duration of this protection?
Information related to implementation of safety enhancements
recommended by CAST will be protected indefinitely.
Proposed Findings
The FAA proposes to designate information received from operators
and manufacturers related to implementation of CAST safety enhancements
as protected under 49 U.S.C. 40123 and 14 CFR 193.7 based on the
following findings:
1. Summary of why FAA finds that the information will be provided
voluntarily. The very essence of CAST is voluntary participation. Those
who are members of CAST, who take part in the accident analysis,
determine the feasibility of safety enhancements, and agree to
implement the enhancements do so voluntarily. The key to CAST success
now rests on understanding the level and effectiveness of
implementation. Operators, crewmembers and manufacturers who have taken
part in the program voluntarily to this point can be expected to
provide information voluntarily to support achieving a shared goal of
improving safety.
2. Description of the type of information that may be voluntarily
provided under the program and why FAA finds that the information is
safety related.
CAST participants will provide information as to safety
enhancements implemented, the method of implementation, the process to
evaluate the implementation and any other information, such as best
practices related to the implementation of safety enhancements. The FAA
finds this information is safety related because it will aid in
measuring whether the safety goal--reducing the commercial fatal
accident rates by 80% by 2007--is being achieved.
3. Summary of why the FAA finds that the disclosure of the
information would inhibit persons from voluntarily providing that type
of information.
Because the safety enhancements are not required by regulation,
operators, crewmembers and manufacturers have wide discretion when they
implement them. Industry is concerned that if disclosed, there is the
potential for the information to be used for other than improving
aviation safety, which was the primary reason for establishing CAST.
Withholding such information from disclosures is consistent with FAA's
safety responsibilities because without information on implementation
of the safety enhancements, FAA and CAST will not be able to determine
the effectiveness of safety enhancements. If FAA and CAST do not
receive the information, FAA and the public will be deprived of the
opportunity to determine whether the safety goal can be reached.
4. Summary of why receiving the information aids in fulfilling
FAA's safety responsibilities.
With this information, FAA and industry will be able to determine
whether the safety enhancements are effective. If the data suggests the
goal to reduce the fatal accident rate will not be achieved, additional
safety enhancements could be identified and implemented.
5. Summary of why withholding the information from disclosure is
consistent with FAA safety responsibilities. Summary of when
withholding the information from disclosure would not be consistent
with FAA safety responsibilities as described in 14 CFR 193.9.
Withholding the information from disclosure is consistent with FAA
safety responsibilities because, to reach FAA's safety goal FAA must be
able to evaluate the implementation and effectiveness of safety
enhancements identified through CAST. FAA will release information, as
set forth in part 193, to explain the need for changes in FAA policies,
procedures and regulations. FAA may release de-identified, summarized
information derived from information reported about implementation of
the CAST safety enhancements. When necessary to correct a condition
that may compromise safety, or to encourage more complete and timely
implementation of safety enhancements, FAA may release information to
the members of CAST. The FAA will give information to CAST members who
are government agencies only if each agency meets the requirements 14
CFR 193.7(e). FAA will give information to CAST members that are not
government agencies only if each member provides adequate assurance
that it will protect the information from further release and it will
limit access to those with a need to know to carry out safety
responsibilities.
6. Summary of how FAA will distinguish information protected under
part 193 from information the FAA receives from other sources.
Operators, crewmembers and manufacturers will provide information
related to the implementation of CAST safety enhancements directly to
FAA inspectors or other FAA employees designated to receive such
information. In this way, the information protected under this order
will be easily identified and distinguished from other information FAA
receives from other sources.
Proposed Designation
Accordingly, the Federal Aviation Administration hereby proposes to
designate the above-described information submitted to demonstrate
implementation of CAST safety enhancements to be protected under 49
U.S.C. 40123 and 14 CFR part 193.
Issued in Washington, DC, on October 18, 2004.
Nicholas A. Sabatini,
Associate Administrator for Regulation and Certification.
[FR Doc. 04-23864 Filed 10-25-04; 8:45 am]
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