[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Notices]
[Pages 62503-62505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23864]


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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:
    <bullet> DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide Rulemaking Web Site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    <bullet> Fax: 1-202-493-2251.
    <bullet> 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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