Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 62503

Administration, Small Airplane 

Directorate, Regulations & Policy, ACE–

111, 901 Locust Street, Room 301, 

Kansas City, Missouri 64106; telephone: 

(816) 329–4134; fax: 816–329–4090; email: leslie.b.taylor@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite your comments on this 

proposed advisory circular. Send any 

data or views as you may desire. 

Identify the proposed Advisory Circular 

Number AC 23–17B on your comments, 

and if you submit your comments in 

writing, send two copies of your 

comments to the above address. The 

Small Airplane Directorate will consider 

all communications received on or 

before the closing date for comments. 

We may change the proposal contained 

in this notice because of the comments 

received. 

Comments sent by fax or the Internet 

must contain ‘‘Comments to proposed 

advisory circular AC 23–17B’’ in the 

subject line. You do not need to send 

two copies if you fax your comments or 

send them through the Internet. If you 

send comments over the Internet as an 

attached electronic file, format it in 

either Microsoft Word 97 for Windows 

or ASCII text. State what specific change 

you are seeking to the proposed 

advisory circular and include 

justification (for example, reasons or 

data) for each request.

Issued in Kansas City, Missouri on October 

7, 2004. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–23870 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Notice of Intent To Rule on Request To 

Release Airport Property at the CityCounty Airport, Madras, OR

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of request to release 

airport property. 

SUMMARY: The FAA proposes to rule and 

invite public comment on the release of 

land at City-County Airport under the 

provisions of Section 125 of the 

Wendell H. Ford Aviation Investment 

Reform Act for the 21st Century (AIR 

21), now 49 U.S.C. 47107(h)(2).

DATES: Comments must be received on 

or before November 26, 2004.

ADDRESSES: Comments on this 

application may be mailed or delivered 

to the FAA at the following address: Mr. 

J. Wade Bryant, Manager, Federal 

Aviation Administration, Northwest 

Mountain Region, Airports Division, 

Seattle Airports District Office, 1601 

Lind Avenue, SW., Suite 250, Renton, 

Washington 98055–4056. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to The Honorable 

Rick Allen, Mayor of City of Madras, at 

the following address: The Honorable 

Rick Allen, Mayor, City of Madras, 71 

SE D Street, Madras, OR 97741.

FOR FURTHER INFORMATION CONTACT: Mr. 

William L. Watson, OR/ID Section 

Supervisor, Federal Aviation 

Administration, Northwest Mountain 

Region, Seattle Airports District Office, 

1601 Lind Avenue, SW., Suite 250, 

Renton, Washington 98055–4056. 

The request to release property may 

be reviewed, by appointment, in person 

at this same location.

SUPPLEMENTARY INFORMATION: The FAA 

invites public comment on the request 

to release property at the City-County 

Airport under the provisions of the AIR 

21 (49 U.S.C. 47107(h)(2)). 

On October 15, 2004, the FAA 

determined that the request to release 

property at City-County Airport 

submitted by the airport meets the 

procedural requirements of the Federal 

Aviation Administration. The FAA may 

approve the request, in whole or in part, 

no later than November 26, 2004. 

The following is a brief overview of 

the request: 

City-County Airport is proposing the 

release of approximately 2.24 acres of 

airport property so the property can be 

sold to the businesses wishing to locate 

in the airport industrial park. The 

revenue made from this sale will be 

used toward Airport Capital 

Improvement. 

Any person may inspect, by 

appointment, the request in person at 

the FAA office listed above under FOR

FURTHER INFORMATION CONTACT. 

In addition, any person may, upon 

appointment and request, inspect the 

application, notice and other documents 

germane to the application in person at 

City-County Airport.

Issued in Renton, Washington on October 

15, 2004. 

J. Wade Bryant, 

Manager, Seattle Airports District Office.

[FR Doc. 04–23869 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–M

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. 

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. 

62504 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 

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? 

Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 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 deidentified, 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] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

[Docket No. ANE–2003–35–1–R0] 

Policy for Ice Protection Equipment

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice of proposed policy 

statement; request for comments. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces the 

availability of proposed policy for Ice 

Protection Equipment.

DATES: Comments must be received by 

December 15, 2004.

ADDRESSES: Send all comments on the 

proposed policy to the individual 

identified under FOR FURTHER

INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Jay 

Turnberg, FAA, Engine and Propeller 

Standards Staff, ANE–110, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: jay.turnberg@faa.gov; 

telephone: (781) 238–7116; fax: (781) 

238–7199. The policy statement is 

available on the Internet at the following 

address: http://www.airweb.faa.gov/rgl.

If you do not have access to the Internet, 

you may request a copy of the policy by 

contacting the individual listed in this 

section.

SUPPLEMENTARY INFORMATION:

Comments Invited 

The proposed policy statements are 

available on the Internet at the following 

address: http://www.faa.gov/

certification/aircraft/