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July 

### 26, 2013
Docket Operations Docket: 

### FAA-2013-0392 US Department ofTransportation 

### M-30, Room 

### W12-140, 

### 1200 New Jersey Avenue 

### SE., Washington, DC 

### 20590-0001 To whom it may concern: 

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Please accept our comments regarding the Notice for Data and Information Distribution Policy

.. We are ari airport vendor providin@ Noise and Track Monitofing Systems services to over 

### 50 airports in 

### the U.S. including losAngt! les World Airports, Chicago O'Hare International Airport, 

### San Francisco International Airport, Denvllr International Airport and Miami lnternatiomil Airport. Each airport requires radar data. Noise monitoring activities**facilitat~:** 

### the research needed to bett_er understand, predict and control the effects of aviation noise i 1 

### an airport's neighboring communities, forming an essential component of critical community outfeach efforts and environmental health. 

### An airport's

. responsiveness to its community**de~**

### ends on the current availability of flight information**free~of**



### charge from the FAA's radar data systems. fn suspending the practice of tost-f1

## ee radar data, and then further restricting procurement 

## of critical flight information through**~** 

### single provider, this policy passes on unanticipated and unbudgeted costs to many airports

# tr roughout the nation. An interim, market-based approach 

### cf least impaet to the aviation industry as awhole would allow multiple vendors with approved**co~~nections** 

### to continue providing airports this valuable noise· monitoring service with minimal disn1ption to current market dynamics. We 

### respectfully submit the following comments: · Regards,

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. ; I ,.._,./ 

### Robert Brodecky

· Vice President

### ~~,<¢"'""'''cMl\'!!•FAA-2Q1j-oplif

## ·**Blil~l** &**f(j~r** F!MS Inc.

lOSO·Fultcn Avenue, Suite 213 sacramento CA 9SS2S Unltl!d States**Tel:~1(916)265-7700** Fax; +1 (916) i.GS-7719**E-~ail: emslnfo@bksv.~om**  Website ;www.bksv.com/EMS

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Proposed Policy: To conform tocurrent U.S. Government practices and policies and enhance information security, FAA 

### is proposlnfto establish a 

### policy for the 

### distribution ofdata and information to extetnal entities lnclu**~ing** 

### the 

### FAA's contractors and othergovernmental entities. 

### The FAA

### will: 1. Not

### allowexternal usersto connect(physically/logically) toauthoritative sources of data/information. 

### FAA data/informa·:ion distribution will only 

### be distributed externally

### from FAA 

### approved replicated sources. Response to Proposed Policy Do Not Agree- B&K and othe1· ·:ompanies have designed, managed and supported connections to the NAS via exis :ing gateways in the 

### TRACON. B&K connections have been designed in conjunction with the FAATechnical Center, audited and approved by the FAA 

### to meet the security requirement!. These independent connections allow for mutual access for those who elect to bear the cost to design, build and maintain aconnection. Should the FAA disconnect alllc•cal connections, and the data'is only available through an FAA approved replicated sourcl!, then that data should either remain 

### free (as it 

### is currently) or at a minimum be available in a market-based environment, open to multiple commercial entities to ensure acompetitiiiE· market instead ofasingle vendor controlling the marketplace. 

### 2. Makeelectronic data/information available on a non-exclusive basis to external users, subject tothe limits imposed 

### by the needto protect national/homeland security, individual privacy, safety, confidentiality1 

### and other gCl\l

### ernment requirements. Response to Proposed Policy Agreed- No comment

FAA-2013-0392

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3. Limit distribution toonlythatdata,'information product createdfor FAA purposes. Response to Proposed Policy Agreed- distribution ofdata 

## t1v FAA and FAA contractors should only 

### be limited 

### to data/information products erealed for FAA purposes. Value-added data, notforthe purpose of 

### FAA, use should not 

### be incluc·ed in the distribution. Additional manipulation ofthe data outside the data/information that the 

### FAA provides should not be allowed, as this c1 ·eates an individual commercial product 

### by the contractor utilizing FAA data and charging 

### ·'or the value-added content. 

### 4. Distribute readily available data/Information without

### int~ntional delay, subject onlyto the limits imposed by resources (both cul'rent and prospective), t:onttacts, technology, authority, regulation and dataquality while protecting security, privacy, and confidentiality. Response to Proposed Policy Agreed- No Comment 

### 5. 

### Provide access to data/informaticm over secure and controlled connections (logical) and in accordance with the most recentfednral systems security standardsint:luding those issued 

### by the National SecurityAgency, Departnent ofDefense, and the NatnonallnstituteofStandard and Technology (NIST) standards. Response to Proposed Policy Agreed- B&K has an approved :onnection which was authorized and audited by

### the FAA under federal systems securlt'jt !;tandards with significant expense. Existing connections are secure 

### by federal standards 

### anc yet the FAA 

### has requested the disconnection. Furthermore, there is no alternative in place 

### forthe data 

### (ARTS/STARS). 6. Consider cost and cost recovery in naking FAA data/information available to external users. Response 

### to Propose Policy Do NotAgree- There has neve1 been charges to industry for FAA data.
a. Total cost for the in1plementation o·f the interfaces 

### to the FAA has been born by the vendors.

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b. If unavoidable, cost and cost recovery 

### forservices provided by the FAA associated 

### with pro11iding data to external users should be considered and should 

### be reasoMb

### le and fair if allowed. 

### 7. Consider requests for data and in·fc•rmation that

### is not rt?adlly available 

### if external users can and do bearthe

## full cost ofdevelopIT ent, connection, transmission, processing, and malntenance. Response to Proposed Policy Agreed- 

### FAA currently allows e<ternal users to develop, <:.Onnect, process and maintain systems for data, such as the ljrQel and Kjaer Secure 

### Radar Gateway, that is not readily available from the FAA approved replicated source (Gateway). For existing secured systems, the FAA should maintain**thesE~** :onnections until the data becomes available.
a. There is no knowr1 I=AA gatewayforARTS/STARS data, Exelis Inc. is the only vendor allowed 

### bl/ :he FAA 

### to distribute and commercialize this data to industry through a mosaic. Mditionally,the market has demonstrated that multiple vendors are willin.g to bear costs associated with (:onnection and FAA validation. 

### b. In disconnecting ex1sting secured connections, opportunities for othervendors

. to provide the data to industry must be created. 

### 8. Not be responsible forthe qualitv, 

### accuracy or**c~ntinued** availability 

### of

### thedata and Information once released. 

### While**thE~** 

### data distributed is accurate and timelyfor use bythe

### FAA, we are not responsible for quality, 4:t,ntinuity, or intended us.e ofdata

### for third parties. Response to Proposed Policy Agreed- 

### Per the existing**M01~** language, the 

### FAA is not curre11tly responsible for the data quality and accuracy 

### or continued availability ofthe data and information once released 

### to third parties. 

### 9. Define the extentto which 

### FAA co 1tractors

## c:an reuse 

### FAA 

### data In their custody or control. Response to Proposed Policy With the understandingthat

### the FAA is referring above to multiple contractors then 

### agreed. FAA contractors should be 

### able to freely distribute the data in the applications that have 

### been previously approved by 

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## e FAA.**FAA~2013·0392**
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# +**a~** External requests t(• the contractors e.g. airports and airport consultants, should qualify through the e)(Jsting requirements for use ofthe data for the contractors. ' b. A centralized agree1 nentapproved by the FAA with the e)(isting contractor should specify the r;!quirements for qualification**~1nd** the contractual agreement approved bythe FA!\ for FAA-derived data.
c. Contractorswill**q1~:rlify** the requests and the approval should be finalized by the FAA. 

### d. The centralized agrnement will 

### be modified 

### to include approved request for data and will be used for auditing purposes.
e. Security ofthe data will remain with the Contractorwith 

### FAA auditing. 

### 10. Apply this 

## proposed policy requirr!ment 

## consistently and transparently. Response to Proposed Policy Agreed- therefore all approve( FAA contractors should be able to use the data for the approved applications freely.
a. Derivatives ofthe d**~ta** should not be considered 

### f!AA data as a matterof policy since the data is m;; nipulated and per the previous section 8, 

### FAA should be relieved ofthat ria b lity as it currently exists. b. Pricing for only 

### FAA data should be consistent across contractors and openly disclosed for tran.s.p 11rency.

FAA-2013-0392
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