[Federal Register: February 2, 2005 (Volume 70, Number 21)]
[Notices]
[Page 5500-5502]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe05-129]
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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 order designating information as protected from
disclosure.
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SUMMARY: The Federal Aviation Administration (FAA) is designating
information provided to the agency from approved voluntary compliance
with safety enhancements recommended by the Commercial Aviation Safety
Team (CAST) as protected from public
[[Page 5501]]
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. The designation is
intended to encourage sharing of information between the FAA and
operators implementing the CAST safety enhancements.
DATES: Effective February 2, 2005.
FOR FURTHER INFORMATION CONTACT: Margaret Gilligan, Deputy Associate
Administrator, Regulation and Safety, Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
7804.
SUPPLEMENTARY INFORMATION:
Availability of This Designation Order
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 Rulemakings' Web page at http://www.faa.gov/avr/arm/index.cfm
; or
(3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Ave., SW., Washington, DC 20591, or by calling (202-267-9680. Be sure
to identify the docket number of this order.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted 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 19477-19478) or you may visit http://dms.dot.gov.
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 FAA order to protect CAST information from disclosure
is issued under 14 CFR 193.11, which sets out the notice procedure for
designating information as protected.
A notice of proposed order designating CAST information as
protected from disclosure was published in the Federal Register on
October 26, 2004 (69 FR 62503). The FAA received three comments in
response to the notice. See ``Summary of Comments Received and the
FAA's Responses'' below.
Applicability
This order is applicable to any FAA office that receives
information covered under this designation from a CAST member. This
order is also applicable to any other government agency that receives
such information from the FAA. In order for any other government agency
to receive CAST information protected from disclosure under this
designation from the FAA, an agency must first stipulate, in writing,
that it will abide by the provision of 14 CFR part 193 and this order.
Description of the 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. Its focus in the future will be on incident/
precursor data to mitigate risks prior to fatal mishaps.
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 that 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 and reducing future risk in civil aviation.
Summary of the Protected Safety Information
A. Who may participate? Air operators, crewmembers and
manufacturers who are targeted to implement safety enhancements
recommended by CAST.
B. What voluntarily provided information will be protected from
disclosure under this 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 the 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 the FAA, any CAST member organization, or
any team or workgroup established by or associated with 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.
7. All information related to changing risk, emerging threats, or
accident precursors. Incident data (e.g., FOQA and ASAP) used as a
diagnostic tool will be included.
C. How can persons participate? An operator, crewmember or
manufacturer can participate by voluntarily providing data related to
implementation of safety enhancements to an FAA inspector, to
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another FAA representative or to CAST through a CAST member
organization.
D. What is the duration of this protection? Information related to
implementation of safety enhancements recommended by CAST will be
protected indefinitely.
Summary of Findings
The FAA designates 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
purposes 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, the
FAA and CAST will not be able to determine the effectiveness of safety
enhancements. If the FAA and CAST do not receive the information, the
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 the
FAA's safety responsibilities--With this information, the 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--Withholding the
information from disclosure is consistent with FAA safety
responsibilities because, to reach the FAA's safety goal, the FAA must
be able to evaluate the implementation and effectiveness of safety
enhancements identified through CAST.
6. Summary of when withholding the information from disclosure
would not be consistent with FAA safety responsibilities as described
in 14 CFR 193.9--The FAA will release information, as set forth in part
193, to explain the need for changes in FAA policies, procedures and
regulations. The 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, the 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). The 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.
7. Summary of how the 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
the 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 the
FAA receives from other sources.
Summary of Comments Received and the FAA's Response
A proposed FAA order designating CAST information as protected from
disclosure under part 193 was published on October 26, 2004 in the
Federal Register (69 FR 62503). The FAA received three comments in
response to the proposed order.
Comment: One commenter suggested that CAST had completed its work
and the order was not necessary.
FAA Response: CAST has not completed its work. In fact, the members
of CAST have committed to a goal that will maintain a continuous
reduction in the fatality risk in the United States and international
commercial aviation beyond 2007. The future vision of CAST is: Key
aviation stakeholders acting cooperatively to lead the worldwide
aviation community to the highest levels of global commercial aviation
safety by focusing on the right things.
Comment: Two commenters supported the order. One commenter from
industry stated, ``Absent clear protection, some carriers may choose
not to participate in CAST''. * * * Such a result would clearly
contradict the public interest.'' The commenter urged the FAA to issue
a final order.
The other commenter, also from industry, while supporting the
order, suggested several minor changes regarding the definition of
eligible participants and the nature of the protected information. The
FAA has made those editorial changes.
Designation
Accordingly, the Federal Aviation Administration hereby designates
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 January 26, 2005.
Nicholas A. Sabatini,
Associate Administrator for Aviation Safety.
[FR Doc. 05-1915 Filed 2-1-05; 8:45 am]
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