[Code of Federal Regulations]
[Title 14, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR193.7]

[Page 315-316]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 193--PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION--Table of Contents
 
Sec. 193.7  What does it mean for the FAA to designate information as protected?

    (a) General. When the FAA issues an order designating information as 
protected 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 protected? The FAA designates information as protected under this 
part when the FAA finds that--
    (1) The information is provided voluntarily;
    (2) The information is safety or security related;
    (3) The disclosure of the information would inhibit the voluntary 
provision of that type of information;
    (4) The receipt of that type of information aids in fulfilling the 
FAA's safety and security responsibilities; and
    (5) Withholding such information from disclosure, under the 
circumstances 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 Information Act (FOIA)? The FAA does not disclose information 
that is designated as protected under this part in response to a FOIA 
request.
    (d) What if the FAA obtains from another source the same information 
I submit? Only information received under a program under this part is 
protected from disclosure under this part. Information obtained by the 
FAA through 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--

[[Page 316]]

    (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.