Bruel & Kjar + 

July 26, 2013 

Docket Operations 

Docket: FAA-2013-0392 

US Department of Transportation 

M-30, Room W12-140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590-0001 

To whom it may concern: 

lriJ "'' ? a .ti . JUL £. '1 A S: 0 0 

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 los Angt! 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~ofcharge 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 disn 1ption to current market dynamics. 

We respectfully submit the following comments: · 

Regards, 

1/llr~~ . ; 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 
Bruel & Kjmr + 

Proposed Policy: To conform to current U.S. Government practices and policies and enhance 

information security, FAA is proposlnf to establish a policy for the distribution of data and 

information to extetnal entities lnclu ~ing the FAA's contractors and other governmental 

entities. 

The FAA will: 

1. Not allow external users to connect (physically/logically) to authoritative 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 FAA Technical 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 a connection. 

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 a competitiiiE· market instead of a single vendor controlling the 

marketplace. 

2. Make electronic data/information available on a non-exclusive basis to external users, subject 

to the limits imposed by the need to protect national/homeland security, individual privacy, 

safety, confidentiality1 and other gCl\l ernment requirements. 

Response to Proposed Policy 

Agreed- No comment 

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3. Limit distribution to only that data, 'information product created for FAA purposes. 

Response to Proposed Policy 

Agreed- distribution of data t1v FAA and FAA contractors should only be limited to 

data/information products ere a led for FAA purposes. Value-added data, not for the 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/In formation without int~ntional delay, subject only to the 

limits imposed by resources (both cul'rent and prospective), t:onttacts, technology, authority, 

regulation and data quality 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 recent fednral systems security standards int:luding those issued by 

the National Security Agency, Depart nent of Defense, and the Natnonallnstitute of Standard 

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 for the data (ARTS/STARS). 

6. Consider cost and cost recovery in naking FAA data/information available to external users. 

Response to Propose Policy 

Do Not Agree- 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 for services 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 bear the full cost of develop IT 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 gateway for ARTS/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 other vendors . 

to provide the data to industry must be created. 

8. Not be responsible for the qualitv, accuracy or c~ntinued availability of the data and 

Information once released. While thE~ data distributed is accurate and timely for use by the FAA, 

we are not responsible for quality, 4:t,ntinuity, or intended us.e of data 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 extent to which FAA co 1tractors c:an reuse FAA data In their custody or control. 

Response to Proposed Policy 

With the understanding that 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 tt e FAA. 

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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 of the data for the 

contractors. 

' 

b. A centralized agree1 nent approved by the FAA with the e)(isting contractor 

should specify the r;!quirements for qualification ~1nd the contractual agreement 

approved by the FA!\ for FAA-derived data. 

c. Contractors will 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 of the data will remain with the Contractor with 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 of the d ~ta should not be considered f!AA data as a matter of policy 

since the data is m;; nipulated and per the previous section 8, FAA should be 

relieved of that 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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