[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR193.7]



[Page 309]

 

                     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--

    (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.