[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76438-76441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29910]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket Number: FAA-2013-0392]


Notice for Data and Information Distribution Policy

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Policy for Distribution of FAA Data & Information.

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SUMMARY: On April 24, 2013, FAA issued a proposed Data and Information 
Distribution Policy for public comment; 140 comments were received 
during the open comment period. On May 9, 2013, subsequent to the FAA's 
draft policy release, Executive Order (EO) 13642 ``Making Open and 
Machine Readable the New Default for Government Information,'' and 
Office of Management and Budget (OMB) M-13-13 ``Open Data Policy--
Managing Information as an Asset,'' were issued. In this notice, FAA 
addresses all comments received, and announces the FAA's Data and 
Information Distribution Policy, developed in accordance with EO13642 
and OMB M-13-13.

DATES: Effective Dates: December 22, 2014.

FOR FURTHER INFORMATION CONTACT: You may direct any questions on data 
and information policy to the FAA/ATO Data Management Directorate staff 
by telephone at (202) 385-8022 or by electronic mail at 
<a href="/cdn-cgi/l/email-protection#e88587828c8d80c69b9d98878489a88e8989c68f879e"><span class="__cf_email__" data-cfemail="402d2f2a2425286e3335302f2c21002621216e272f36">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Executive Order, Making Open and Machine Readable the New Default 
for Government Information EO 13642, issued May 9, 2013.
    E-Government & Information Technology Act of 2002 (Pub. L. 107-347, 
116 stat, 2899, 44 U.S.C. &101, H.R. 2458/S. 803).
    Open Government Directive, OMB Memorandum for the Heads of 
Executive Departments and Agencies, M-10-06, issued December 8, 2009.
    Office of Management and Budget, OMB Memorandum for the Heads of 
Executive Departments and Agencies, M-13-13, issued May 9, 2013.
    Delivering an Efficient, Effective, and Accountable Government, 
Executive Order 13576, issued July 13, 2011.
    Streamlining Service Delivery and Improving Customer Service, 
Executive Order 13571, issued April 27, 2011.
    Digital Government Strategy, Building A 21st Century Platform to 
Better Serve the American People, issued May 23, 2012.
    Management of Federal Information Resources, Office of Management 
and

[[Page 76439]]

Budget Circular A-130, issued November 28, 2000.
    Background: The FAA objective is to make data and information 
resources accessible, discoverable, and usable by the public in 
accordance with EO 13642 and OMB M-13-13. This is a transition away 
from FAA's historic approach of having multiple direct connections to 
FAA systems by a limited number of users. The new distribution policy 
will enhance data and information security and sharing, while reducing 
the cost of developing and maintaining multiple interfaces/direct 
connections currently used to distribute FAA data and information. This 
change will help FAA protect the confidentiality, integrity, and 
availability of data and information services to the public and to 
other government users. This policy supports the discovery and 
distribution of data and information while supporting FAA's ability to 
effectively manage and secure its data and information assets. The 
current processing of requests for historical FAA data and information 
handled under existing procedures such as Freedom of Information Act or 
similar processes is not changed by this policy.
    E.O. 13642 and OMB M-13-13, Open Data Policy comments--Aircraft 
Owners and Pilots Association, Airport Council International North 
America, Air Transport Association of Canada (ATAC), Boeing, Bruel & 
Kjaer, Center for Effective Government, FlightAware, Harris, Los 
Angeles World Airport, Miami-Dade Aviation Department, SAAB Sensis, 
Seattle-Tacoma International Airport, Sunlight Foundation, Honeywell, 
Lockheed Martin, Raytheon, and WSI all expressed, in various ways, the 
concern that the FAA's proposed distribution policy would limit their 
access to FAA data and information; some commenters stated the draft 
policy was contrary to OMB M-13-13 Open Data Policy. The final FAA Data 
and Information Distribution Policy has been revised to reflect these 
concerns consistent with the applicable Executive orders and OMB 
guidance. Specifically the policy is consistent with OMB's M-13-13 Open 
Data Policy which allows for valid restriction for ``privacy, 
confidentiality, security, trade secret, contractual or other valid 
restriction''. Despite those restrictions, access to FAA data and 
information will generally be more available to all users under this 
Policy. Users will continue to have to employ their own methods or 
software to process the FAA data and information that is made 
available. Data and information will not be tailored for one user (or 
users) absent specific agreements that include full FAA cost recovery.
    Inconsistent with ``NextGen Objectives''--Airport Council 
International North America, Boeing, FlightAware, ForeFlight, and 
Harris expressed many of NextGen capabilities are predicted on the 
availability and use of common air traffic data among certain users 
such as the FAA, aircraft operators, and airport operators. Under this 
Policy, FAA will strive for maximum data interoperability and 
accessibility to all users in accordance with OMB Open Data Policy 
implementation guidance.
    ``Monopoly'' comments--Airlines for America, Airport Council 
International North America, Air Transport Association of Canada 
(ATAC), Boeing, FlightAware, ForeFlight, Los Angeles World Airport, 
Miami-Dade Aviation Department, SAAB Sensis, Sunlight Foundation, 
Harris, Honeywell, Lockheed Martin, and Raytheon expressed concern that 
FAA has previously limited data distribution by empowering certain 
entities, via contract, to have exclusive access to air traffic or NAS 
(National Air System) data. In addition, there were comments that 
contract practices, driven by a desire to re-coup cost of providing 
data to users, would undermine the principle of non-exclusivity of 
data. In accordance with the OMB M-13-13 Open Data Policy and as noted 
above, FAA will make more data and information accessible to the public 
and other government agencies as used by the FAA to conduct its 
statutory activities.
    Data and Information Management comments--SAAB Sensis expressed 
concern over the usage of term ``Information Steward'' as used in the 
draft policy notice; this term has been removed in the final policy 
since it does not apply to external users. In the future, FAA will 
follow OMB guidance and definitions to the extent possible. Other 
commenters expressed concerns regarding the quality, accuracy, and 
availability of data and information once released from FAA. FAA is 
making available the data and information as used by FAA. FAA provides 
data and information ``as-is'' without warranty of any kind and cannot 
be responsible for any usage and modifications made by external parties 
after released. In this context, FAA notes even minor modifications 
(format, definitions, metadata, etc.) can have significant safety and 
liability implications; users are responsible for whether and how they 
choose to consume FAA data and information.
    Cost Recovery comments--Airlines for America, Airport Council 
International North America, ATAC, Boeing, Bruel & Kjaer, Center for 
Effective Government, FlightAware, ForeFlight, Harris, Los Angeles 
World Airport, Miami-Dade Airport, and SAAB Sensis expressed concerns 
with the policy language about cost recovery. Under this policy, FAA 
will make data and information generally available to the public in the 
format used by FAA to meet its statutory requirements and mission, 
subject to availability of funding. Users will continue to have to use 
their own methods to process the FAA data and information that is made 
available and should be aware that FAA data formats and content will 
continue to evolve to meet FAA's requirements. While notice of changes 
in data formats and content will be provided when possible, there is no 
guarantee that notice will always occur. If the public or governmental 
users seek data and information in different format than that which is 
provided; the FAA will need to consider cost recovery. FAA will take 
into consideration all relevant factors in considering any request for 
a cost recovery agreement to supply specialized FAA data and 
information outside of FAA statutory responsibilities. In any request 
for FAA data and information that is not readily available, the 
requesting entities would be expected to bear all costs including but 
not limited to development, connection, transmission, processing, and 
maintenance.
    Stakeholder Input/Workgroup--Airlines for America, Aircraft Owners 
and Pilots Associations, Airport Council International, SAAB Sensis, 
Boeing, Harris, Honeywell, Lockheed Martin, and Raytheon urged FAA to 
include stakeholders input by creating a Data Policy Committee 
comprised of aviation stakeholders (including airlines, airports, and 
industry organizations) to create a comprehensive data and information 
distribution policy. In light of EO 13642 and OMB M-13-13, Open Data 
Policy, and the comments to the draft policy in Federal Register 
Notice, FAA has determined that adequate input from stakeholders has 
already been provided to establish this Policy. FAA will continue to 
work with all interested parties in the implementation and evolution of 
this Policy through the Data Management organizations.
    Policy: Considering the comments received, and to conform to 
current U.S. Government practices and policies, especially to the Open 
Data Policy, the FAA is establishing this policy for the distribution 
of NAS and non-NAS data and information to the public and other 
governmental users including the FAA's and other governmental 
contractors to

[[Page 76440]]

enhance data and information management including governance, security, 
and cost. This policy does not confer any substantive rights or 
entitlements to consumers of FAA data and information beyond those 
established by law or other applicable authority.
    The FAA will:
    1. In accordance with EO 13642 and the OMB M-13-13, Open Data 
Policy, establish a catalogue of FAA data and information accessible by 
the public and other government user(s). In addition, per OMB guidance, 
FAA will identify data management organizations for NAS and non-NAS 
data and information management to accomplish this policy for FAA.
    2. Specify the mechanism and metadata by which the public and other 
governmental user(s) may consume data and information including limits 
and restrictions required to protect national/homeland security, 
individual privacy, safety, confidentiality, and any other current or 
future government requirements.
    3. Establish authorized access points for distribution of data and 
information, prevent direct connections to FAA systems, and seek 
disestablishment of any unauthorized access points. The FAA data 
management organizations identified above will protect the 
confidentiality, integrity, and availability of data and information 
services consistent with applicable law, Executive Orders, OMB 
guidance, and FAA Orders.
    4. Ensure that all current and future FAA systems (e.g. NextGen) 
strive for maximum data interoperability and information accessibility 
for consumption and disclosure to all users via authorized distribution 
points. Requests for FAA data and information that is not readily 
available through the data and information catalogue and standard 
interfaces will require full FAA cost recovery for all aspects 
including, but not limited to, development, connection, transmission, 
processing, and maintenance of providing the data and information. Cost 
or technical considerations aside, the FAA may determine that it is not 
in its best interest to provide the data and information.
    5. Ensure that FAA data and information is only created for use by 
the FAA to fulfill its statutory responsibilities and to the extent 
practicable, make that data and information generally available for 
consumption. While the data and information made available is to be 
accurate and timely for use by the FAA, FAA will make no warranties and 
will not be responsible for quality, continuity, or intended use of 
data once it leaves the FAA.
    6. Establish policies and procedures to determine the extent to 
which FAA contractors or any other entities can use FAA data and 
information. Data in the possession or control of the FAA must be 
properly accounted for, controlled and managed by all FAA andor FAA 
contractors working under any federal, authority. Each contractor 
receiving, storing, manipulating, transmitting, or analyzing this data 
must submit to FAA a data management plan and have it approved prior to 
obtaining any FAA data and information. The plan must be approved by 
FAA Data Management Organization (s) noted above in accordance with 
Agency policy and requirements. Airports and non-FAA contractors 
working under state or local authority may also be subject to these 
provisions depending on the data they are receiving from FAA.

Glossary of Terms

    Data: A representation of fact, concept, or instruction represented 
in a formalized form suitable for communication, interpretation or 
processing either by human and/or by automated systems. This is the 
lowest level of abstraction, compared to information.
    Information: Data in context. The meaning given to data or the 
interpretation of data based on its context. The finished product as a 
result of the interpretation of data. Data processed in such a way that 
it can increase the knowledge of the person who receives it. Data that:
    (1) are specific and organized for a purpose;
    (2) are presented within a context that gives it meaning and 
relevance, and which;
    (3) leads to an increase in understanding and decrease in 
uncertainty. The value of information lies solely in its ability to 
affect a behavior, decision, or outcome.
    National Airspace System (NAS) Data: The data and information from 
the common network of U.S. airspace; air navigation facilities, 
equipment and services, airports or landing areas; aeronautical charts, 
information and services; rules, regulations and procedures, technical 
information, and manpower and material used to ensure safe and 
efficient use of U.S. navigable airspace. Included are system 
components shared jointly with the military and other governmental 
entities.
    Non-NAS Data: The data and information needed for FAA regulatory, 
business administration, and planning function not part of the NAS. It 
includes all of the administrative applications, systems, and related 
policies and procedures not directly involved in the NAS.
    Open Data: In accordance with OMB M-13-13, Open Data Policy, these 
terms refer to publicly available data structured in a way that enables 
the data to be fully discoverable and usable by end users and are 
consistent with the principles of public, accessible, described, 
reusable, complete, and timely, managed post-release.
    Public--Consistent with OMB's Open Government Directive, agencies 
must adopt a presumption in favor of openness to the extent permitted 
by law and subject to privacy, confidentiality, security, or other 
valid restrictions.
    Accessible--Open data are made available in convenient, modifiable, 
and open formats that can be retrieved, downloaded, indexed, and 
searched. Formats should be machine-readable (i.e., data are reasonably 
structured to allow automated processing). Open data structures do not 
discriminate against any person or group of persons and should be made 
available to the widest range of users for the widest range of 
purposes, often by providing the data in multiple formats for 
consumption. To the extent permitted by law, these formats should be 
non-proprietary, publicly available, and no restrictions should be 
placed upon their use.
    Described--Open data are described fully so that consumers of the 
data have sufficient information to understand their strengths, 
weaknesses, analytical limitations, security requirements, as well as 
how to process them. This involves the use of robust, granular metadata 
(i.e., fields or elements that describe data), thorough documentation 
of data elements, data dictionaries, and, if applicable, additional 
descriptions of the purpose of the collection, the population of 
interest, the characteristics of the sample, and the method of data 
collection.
    Reusable--Open data are made available under an open license that 
places no restrictions on their use.
    Complete--Open data are published in primary forms (i.e., as 
collected at the source), with the finest possible level of granularity 
that is practicable and permitted by law and other requirements. 
Derived or aggregate open data should also be published but must 
reference the primary data.
    Timely--Open data are made available as quickly as necessary to 
preserve the value of the data. Frequency of release should account for 
key audiences and downstream needs.

[[Page 76441]]

    Managed Post Release--A point of contact must be designated to 
assist with data use and to respond to complaints about adherence to 
these open data requirements.
    User: A human, his/her agent, a surrogate, or an entity that 
interacts with information processing systems. A person, organization 
entity, or automated process that accesses data in a system.

Contacts

    You may direct questions on NAS data and information to the FAA/
ATO, Mojdeh Supola, at (202) 267-1026 or by email to 
<a href="/cdn-cgi/l/email-protection#c0adafaaa4a5a8eeb3b5b0afaca180a6a1a1eea7afb6"><span class="__cf_email__" data-cfemail="d7bab8bdb3b2bff9a4a2a7b8bbb697b1b6b6f9b0b8a1">[email protected]</span></a>.
    You may direct questions on Non-NAS data and information to the 
FAA/AIT, Tim Perez, at (202) 493-5069 or by email to <a href="/cdn-cgi/l/email-protection#a6f2cfcb88f6c3d4c3dce6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="f9ad9094d7a99c8b9c83b99f9898d79e968f">[email protected]</span></a>.

    Issued in Washington, DC, on December 16, 2014.
Michael P. Huerta,
FAA Administrator.
[FR Doc. 2014-29910 Filed 12-19-14; 8:45 am]
BILLING CODE 4910-13-P


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