[Federal Register Volume 68, Number 125 (Monday, June 30, 2003)]
[Rules and Regulations]
[Pages 38594-38598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16002]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 193

[Docket No. FAA-2003-15468]


Flight Operational Quality Assurance Program (FOQA)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of order designating FOQA information as protected from 
public disclosure.

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SUMMARY: Federal Aviation Administration (FAA) Order 8000.81 designates 
information provided to the agency from an approved voluntary FOQA 
Program as protected from public disclosure and in accordance with the 
provisions of 14 CFR part 193, including disclosure under the Freedom 
of Information Act or other laws. This designation is intended to 
encourage sharing of FOQA information between the FAA and operators 
participating in an approved voluntary FOQA program. The substance of 
Order 8000.81 is published in the Federal Register in accordance with 
the policy stated by the agency when it adopted 14 CFR part 193.

DATES: FAA Order 8000.81 became effective on April 14, 2003.

FOR FURTHER INFORMATION CONTACT: Dr. Thomas Longridge, Flight Standards 
Service, AFS-230, Federal Aviation Administration, 800 Independence 
Ave., SW., Washington DC 20591, telephone (703) 661-0275. e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under Title 49 of the United States Code (49 U.S.C.) section 40123, 
certain voluntarily provided safety and security information is 
protected from disclosure

[[Page 38595]]

in order to encourage people to provide the information to the Federal 
Aviation Administration (FAA). The FAA must first find that the 
information should be protected in accordance with 49 U.S.C. section 
40123. The FAA's rules for implementing section 40123 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. section 552) 
or other laws, except as provided in section 40123, part 193, and the 
order that designates the information as protected. This FAA order for 
FOQA is issued under part 193, section 193.11, which sets out the 
notice procedure for designating information as protected.
    A notice of proposed order designating FOQA information as 
protected from disclosure was published in 67 FR 56770 on September 5, 
2002. In response to the notice, comments were received by the FAA. 
Appendix 1 of Order 8000.81 summarizes those comments and provides the 
FAA's responses thereto. A summary of changes made to the proposed 
order is provided in Appendix 2 of Order 8000.81.

Applicability

    Order 8000.81 is applicable to any FAA office that receives 
information covered under this designation from a FOQA program. The 
order is also applicable to any other government agency that receives 
such information from the FAA. In order for any other government agency 
to receive FOQA information protected from disclosure under this 
designation from the FAA, an agency must first stipulate, in writing, 
that it will abide by the provisions of part 193 and this order.

Summary of the FOQA Voluntary Information-Sharing Program

    A. Who may participate? Aircraft operators that have an FAA-
approved FOQA Implementation and Operations Plan may participate.
    B. What voluntarily provided information would be protected from 
disclosure under this proposed designation?
    1. FOQA data, which is defined as any digital flight data that has 
been collected from an individual aircraft pursuant to an FAA-approved 
FOQA program, regardless of the electronic format of that data.


    Note: Operators are not expected or required to provide the FAA 
with FOQA data as a condition for approval of a FOQA Implementation 
and Operations Plan. However, if an operator elects to voluntarily 
provide such information to the FAA on its own initiative, it will 
be protected from disclosure under this order of designation.


    2. The identities of pilots provided to the FAA who are associated 
with any FOQA data submitted to the FAA.


    Note: The FAA does not anticipate that FOQA data containing 
pilot identity information, or information that could be employed to 
enable the determination of pilot identity, will be submitted to the 
agency. However, if such information is submitted to the agency, it 
will be protected from disclosure under this order of designation.


    3. Aggregate FOQA data from an individual operator, which is 
defined as summary statistical indices based on analysis of FOQA data 
from multiple aircraft operations, when such data is provided pursuant 
to an FAA-approved FOQA program.
    4. Reports prepared by an individual operator that are based on 
analysis of the individual operator's FOQA data or aggregate data 
pursuant to an FAA-approved FOQA program. (Before release of any such 
reports prepared by the FAA, information protected from disclosure 
under this order will be redacted.)
    5. The identity of an individual operator associated with specific 
FOQA data, specific aggregate FOQA data, or a specific report derived 
from analysis of the individual operator's FOQA data, pursuant to an 
FAA-approved FOQA program.
    6. The specific results of any FAA analysis of FOQA data or FOQA 
aggregate data from an individual operator or multiple operators, when 
such data has been provided pursuant to an FAA-approved FOQA program 
and the release of the specific results would constitute the release of 
FOQA data or aggregate data protected from disclosure under this order.
    7. The specific corrective actions reported to the FAA that are 
initiated by the operator of an FAA-approved FOQA program to correct an 
adverse safety trend revealed by analysis of that operator's FOQA data.
    8. A data base of aggregate FOQA data collected over time from an 
individual operator's approved FOQA program.
    9. A data base of events, outcomes, and reports prepared by an 
individual operator collected over time from its approved FOQA program.


    Note: The type of information or circumstances in which the 
information listed above would not be protected from disclosure is 
discussed in paragraph 6(e)(2) of Order 8000.18 [and under Findings, 
paragraph E.2 of this notice].


    C. How do you participate? An operator participates by obtaining 
FAA approval of its FOQA Implementation and Operations Plan, adhering 
to that approved plan, and voluntarily sharing FOQA data, aggregate 
FOQA data, or other FOQA information as specified in this order with 
the FAA.
    D. What is the duration of this information-sharing program? This 
information-sharing program continues until the operator terminates its 
FOQA Implementation and Operations Plan or until the FAA withdraws the 
approval of the operator's FOQA Implementation and Operations Plan.

Findings

    The FAA designates information received from an approved FOQA 
program as protected under 49 U.S.C. section 40123 and 14 CFR part 193, 
Sec.  193.7, based on the following findings:
    A. Summary of why the FAA finds that the information will be 
provided voluntarily. The FAA finds that the information will be 
provided voluntarily. No operator is required to have a FOQA program. 
No operator that has a FOQA program is required to obtain FAA approval 
of that program. Any operator that has an FAA-approved FOQA program may 
terminate that program at the operator's discretion. The FAA 
anticipates that information from an operator's approved FOQA program 
will be shared with the FAA, because the voluntary establishment of an 
approved FOQA program constitutes a partnership between the FAA and 
operator in the interest of achieving joint goals for the improvement 
of safety and efficiency.
    B. Description of the type of information that may be voluntarily 
provided under the program, and a summary of why the FAA finds that the 
information is safety or security related.
    1. The FAA anticipates that the types of information that may be 
voluntarily provided under the program will be:
    (a) Summary statistical indices based on analysis of an individual 
operator's FOQA data
    (b) Graphical depictions of trend information obtained from 
analysis of an individual operator's FOQA data
    (c) Written findings that describe the results of FOQA data 
analysis and identify any adverse safety trends revealed by that data
    (d) Corrective actions planned, in process, or completed to correct 
adverse safety trends revealed by FOQA data
    (e) The results of FOQA analysis conducted to determine the 
effectiveness over time of corrective action accomplished by the 
operator

[[Page 38596]]

    2. The FAA finds that this information is safety related because 
FOQA data and FOQA aggregate data provide objective information on the 
extent to which aircraft are operated in accordance with established 
procedures and acceptable margins of safety.
    C. Summary of why the FAA finds that the disclosure of the 
information would inhibit persons from voluntarily providing that type 
of information. The FAA finds that disclosure of the information would 
inhibit the voluntary provision of that type of information. Operators 
are reluctant to share information from FOQA programs with the FAA, if 
such information might be subject to public disclosure.
    (1) A significant impediment to the sharing of FOQA information 
with the FAA is the aviation industry's concern over public disclosure 
of the information and, if disclosed, the potential for it to be used 
for purposes other than the safety enhancement purposes that constitute 
the primary reason for the establishment of such programs. As a result, 
before this order, U.S. airlines participating in FAA-approved FOQA 
programs have not permitted aggregate FOQA data, and any written 
information derived from analysis of such programs, to leave the 
airline's premises. This information is considered to be confidential 
by the participating operators and their pilots.
    (2) The FAA finds that reports prepared by an individual operator 
based on analysis of the individual operator's FOQA data or aggregate 
data, should be protected from public disclosure because the identity 
of the operator may be derived from that information. Unless the FAA 
can assure protection of identity information, such reports will not be 
submitted by the operator or specific information that could enhance 
the safety value of the report will not be included in the submission.
    D. Summary of why the receipt of that type of information aids in 
fulfilling the FAA's safety and security responsibilities. The FAA 
finds that receipt of FOQA information aids in fulfilling the FAA's 
safety and security responsibilities. Because of its capacity to 
provide early objective information on emerging adverse safety trends, 
which enables remedial intervention, FOQA offers significant potential 
for incident and accident avoidance. Currently, FAA experience has 
clearly established that a FOQA program can produce objective safety-
related data that is not available from any other source. For example, 
FOQA data concerning the frequency of unstable approaches on landing as 
a function of specific airport and runway environment has identified 
areas where improvements were needed in airline approach and landing 
checklists, airline training, air traffic control procedures, and 
published airport approach and landing procedures. Receipt of this 
previously unavailable objective information enabled airlines and the 
FAA to modify procedures and policies in order to improve safety and 
efficiency. If operators voluntarily support providing the FAA with 
aggregate FOQA data, the FAA can better serve as a national safety 
information resource for aircraft operators.
    E. Summary of why withholding such information from disclosure 
would be consistent with the FAA's safety and security 
responsibilities, including a statement as to the circumstances under 
which, and a summary of why, withholding such information from 
disclosure would not be consistent with the FAA's safety and security 
responsibilities, as described in 14 CFR 193.9. The FAA finds that 
withholding FOQA data or aggregate FOQA data provided to the FAA from 
an approved FOQA program is consistent with the FAA's safety and 
security responsibilities.
    (1) An approved FOQA Implementation and Operations Plan 
specifically provides that corrective action for adverse safety trends 
will be initiated by the operator and that the operator will inform the 
FAA about that action. For example, an operator could modify its pilot 
training program to place greater emphasis on approach and landing 
procedures and inform the FAA of that training program modification. 
The FAA can then monitor the implementation of that modification, as 
well as review follow-on FOQA trend data pertinent to approach and 
landing maneuvers, to determine the effectiveness of the corrective 
action. The FAA can therefore accomplish its safety responsibilities 
without disclosure of FOQA data to the public. Withholding the 
information is consistent with the FAA's safety responsibilities, 
because, except for disclosure protection the FAA would not receive the 
information, and by virtue of its receipt, the FAA is able to not only 
assure that the corrective action necessary to maintain public safety 
has been taken, but that such action continues to be effective for that 
purpose.
    (2) The FAA will release FOQA information submitted to the agency, 
as specified in part 193 and this proposed order. For example, in order 
to explain the need for changes in FAA policies, procedures, and 
regulations, the FAA may disclose de-identified (no operator or pilot 
identity), summarized, information that has been derived from FOQA 
aggregate data or extracted from the protected information listed under 
paragraph 6b of Order 8000.81 [and under Findings, paragraph B, of this 
notice]. The FAA may disclose de-identified, summarized FOQA 
information that identifies a systemic problem in the aviation system, 
when other people need to be advised of the problem in order to take 
corrective action. The FAA may release the names of operators who have 
approved FOQA Implementation and Operations Plans. In addition, in 
accordance with 14 CFR section 13.401(e), the FAA may release FOQA 
information in support of enforcement actions that involve criminal or 
deliberate acts. To withhold disclosure of information in circumstances 
that involve criminal or deliberate acts would be inconsistent with the 
agency's safety responsibilities because it could prevent the agency, 
or at least diminish its ability, to effectively address such 
misconduct.
    F. Summary of how the FAA will distinguish information protected 
under part 193 from information the FAA receives from other sources. An 
operator's approved FOQA Implementation and Operations Plan must 
specifically identify what digital flight data will be considered FOQA 
data, how that data is defined, and provisions for FAA access to 
aggregate FOQA data. Since an operator's aggregate FOQA data is derived 
by a process of aggregation from the operator's FOQA data, as defined 
in the FOQA Implementation and Operations Plan, and reports and other 
FOQA information, as specified in this order, are derived from analysis 
of the FOQA data as defined in that plan, the FOQA Implementation and 
Operations Plan on file with the FAA will serve as the primary 
reference source for distinguishing information protected under part 
193 from information the FAA receives from other sources.
    (1) The FAA acknowledges that operators are highly reluctant to 
share sensitive FOQA information with the FAA, in part because of 
concerns that even if the information is designated as protected under 
part 193, it may still be inappropriately released by someone in the 
agency. Therefore, the FAA anticipates that, to be successful, any 
program for FOQA information sharing will have to proceed on an 
incremental basis. The FAA must demonstrate, on a stepwise basis, that 
the measures it puts in place to protect FOQA information from 
disclosure are completely effective.

[[Page 38597]]

The FAA intends to work in a collaborative fashion with airlines and 
labor associations towards that end. A FOQA Aviation Rulemaking 
Committee (ARC) comprised of airline, labor association, and FAA 
representatives has been established for that purpose.
    (2) The FAA anticipates that the venue for submission to the FAA of 
aggregate FOQA data or other FOQA information, as specified in this 
order, will evolve over time in a fashion acceptable to all 
stakeholders. In order to be protected under this designation, all such 
submissions, regardless of the venue, must be clearly labeled as 
follows:

Warning: This FOQA information is protected from disclosure under 49 
U.S.C. 40123 and 14 CFR part 193. It may be released only with 
written permission of the Associate Administrator for Regulation and 
Certification.

Designation

    The FAA designates information described above to be protected from 
disclosure, in accordance with 49 U.S.C. section 40123 and 14 CFR part 
193, when submitted pursuant to an approved FOQA program.

    Issued in Washington, DC, on June 19, 2003.
James J. Ballough,
Acting Associate Administrator for Regulation and Certification.

Appendix 1 of Order 8000.81 (Summary of Significant Comments Received 
and the FAA's Response)

    A proposed FAA order designating FOQA information as protected 
from disclosure under part 193 was published in the Federal Register 
on September 5, 2002 (Federal Register, Volume 67, Number 172, pages 
56770-56774). Comments on the proposed order were received from one 
major trade association and one major labor association. These 
comments and the FAA responses are as follows:

A. Disclosure To Support Rulemaking/Regulatory Action

    1. Comment: Disclosure to support rulemaking/regulatory action 
should be limited. The FAA should not disclose de-identified (no 
operator or pilot identity), summarized information that has been 
derived from FOQA aggregate data or extracted from protected 
information. Instead, to support regulatory or policy changes, the 
FAA should disclose only its generalized findings and conclusions 
derived from its review of protected data and related information.
    2. The FAA Response: The FAA's intent in its proposed use of the 
word ``summarized'' appears to be consistent with the commenter's 
concerns regarding the specificity of any information that is 
disclosed to explain the basis for rulemaking, procedural changes, 
or policy changes. However, the language of this order must retain 
use of the word ``summarized'' rather than ``generalized'', because 
that is the regulatory language specified in part 193 concerning the 
circumstances under which the FAA may release information obtained 
from an approved FOQA program.

B. Protected Data

    1. Comment: Protected data should be more broadly defined in the 
FOQA Order. The proposed order defines FOQA data as any digital data 
collected pursuant to a FAA-approved FOQA program, and the order 
would provide disclosure protection only to data obtained from such 
approved programs. In the course of aggregating, reviewing, or 
analyzing FOQA data, other data may be inadvertently (or 
purposefully) included, in order to make the information more robust 
or complete. In such instances, the fact that the data was not 
obtained or collected ``pursuant to an FAA-approved FOQA program'' 
should not prevent the data or aggregated data or analysis from 
being protected from disclosure. The commenter believes that it is 
consistent with the statute and Congressional intent to protect such 
data. The commenter recommends that the FAA revise the final order 
to protect all data shared with the FAA pursuant to an approved FOQA 
program, even if such data does not fall within the precise 
definition of FOQA data as it is defined in the proposed order.
    2. The FAA Response: The FAA cannot anticipate when to protect 
undefined information in accordance with the notice procedure of 14 
CFR part 193. Since the digital data that would be collected 
pursuant to an FAA-approved FOQA program is specified in an FAA-
approved FOQA Implementation and Operations Plan, there is no 
ambiguity as to the nature of the information protected under this 
order. However, that protection cannot be extended through this 
order to ``other data'' without specifying what that ``other data'' 
is. Otherwise, it would be possible for an operator to 
inappropriately acquire disclosure protection by virtue of simply 
including other information together with submitted FOQA data. The 
FAA notes that the most likely category of ``other data'' that might 
be included with FOQA data, in order to provide more robust or 
complete information, would be from an Aviation Safety Action 
Program (ASAP). The FAA is in the process of establishing disclosure 
protection for ASAP data and information in a separate order of 
designation under 14 CFR part 193.

C. Protecting Reports and the Identity of the Operator

    1. Comment: The proposed order is unduly restrictive with regard 
to only protecting reports prepared by the operator or the FAA and 
the identity of an operator associated with FOQA data or reports, 
when such reports or information are prepared ``pursuant to an FAA-
approved FOQA program.'' If a report is based on FOQA data or 
analysis of FOQA data, then the report should be protected. It need 
not necessarily have been prepared ``pursuant to an FAA-approved 
FOQA program.'' The identity of an operator associated with FOQA 
data or a report based on FOQA data should always be protected. The 
analysis need not have been developed ``pursuant to an FAA-approved 
FOQA program.''
    2. The FAA Response: The FAA concurs that a report or analysis 
of FOQA data, as well as the identity of an operator associated with 
FOQA data, should be protected from disclosure. As 14 CFR part 13, 
section 13.401 requires operators of FAA-approved FOQA programs to 
provide the FAA with aggregate FOQA data in a form and manner 
acceptable to the Administrator, the principal intent of this order 
is to make clear that any FOQA data submitted to the FAA pursuant to 
an approved FOQA program will be protected from disclosure in 
accordance with the provisions of part 193 and this order. In 
addition, the FAA believes that the first prerequisite for 
establishing what is to be protected through the part 193 notice 
procedure is an unambiguous specification of what constitutes the 
FOQA data to be protected. As part 13 requires that operators who 
seek the enforcement protection of that rule identify their FOQA 
data in an FAA-approved FOQA Implementation and Operations Plan, the 
language of this order, which limits disclosure protection to data 
submitted pursuant to an approved FOQA program, provides the needed 
specificity. This order does not preclude operators who do not have 
an approved FOQA program from submitting digital flight data to the 
FAA under the no-notice procedure of part 193 or from petitioning 
the FAA to issue a separate designation specific to pre-identified 
digital flight data outside of an approved FOQA program under the 
notice procedure of part 193.

D. Corrective Actions

    1. Comment: The proposed notice protects corrective actions, but 
only if based on an analysis of that operator's FOQA data. Here, any 
corrective action based on any FOQA data, including reports, 
analyses, or recommendations from the FAA based on another 
operator's FOQA data, should be protected from disclosure. The FAA 
contemplates that it will notify operators of systemic problems it 
uncovers. Thus, corrective actions taken by an operator may not, in 
fact, be based on its own FOQA data.
    2. The FAA Response: Although section 13.401 requires operators 
to undertake corrective action, which analysis of its own FOQA data 
has determined is necessary in the interest of safety (and this 
order protects such operator specific corrective actions from 
disclosure), the rule does not require operators to undertake 
corrective action based solely on analysis of another operator's 
FOQA data. However, if FOQA data or aggregate FOQA data provided to 
the FAA from multiple operators indicates a systemic problem for 
which corrective action on a national basis is warranted in the 
interest of safety, the FAA anticipates that it would initiate 
appropriate procedural, policy, or regulatory changes to correct the 
problem. The FAA anticipates that summarized FOQA information might 
be released to the public to explain or justify such changes. It is 
also theoretically possible that analysis of a single

[[Page 38598]]

operator's FOQA might identify a problem for which corrective action 
applicable to all operators might be warranted in the interest of 
safety (e.g., a safety related engineering or maintenance issue 
specific to a particular aircraft make, model, series, or variant). 
Under either of the preceding two circumstances, the FAA does not 
believe that it is in the public interest to protect identification 
of the corrective action to be undertaken.

E. Submission of FOQA Data versus Aggregate FOQA Data

    1. Comment: One commenter stated that paragraph C in the 
proposed order, ``How Persons Would Participate,'' requires 
operators to voluntarily share FOQA data and information with the 
FAA in order to participate. This statement contradicts paragraph B1 
of the proposed notice, which states that operators are ``not 
expected or required'' to provide FOQA data as a condition of 
approval of their FOQA Implementation and Operations Plans. The 
paragraph is confusing and should be deleted. In a similar vein, 
another commenter stated that since there is a requirement to submit 
``aggregate FOQA data'' and there is no requirement to submit ``FOQA 
data'', the commenter believes that the references in the proposed 
order to the submission of ``FOQA data'' to the FAA, and the use of 
``FOQA data'' by the FAA for the production of reports, should be 
removed.
    2. The FAA Response: As noted by the second commenter, part 13, 
section 13.401 distinguishes between FOQA data and aggregate FOQA 
data. The rule only requires that operators provide the FAA with 
aggregate FOQA data. The intent of the referenced language from 
paragraph B1 in the proposed order was not only to acknowledge this 
distinction, but to also make clear, with reference to FOQA data 
(not aggregate FOQA data), that ``if an operator elects on its own 
initiative to voluntarily provide such information to the FAA, it 
will be protected from disclosure under the proposed order of 
designation,'' as is stated in the remainder of the referenced 
paragraph of the proposed order. The intent of the reference to FOQA 
data is not to establish or imply a requirement for submission of 
that data to the FAA. Rather, it is to provide disclosure protection 
for FOQA data in the event that, although not required to do so, an 
operator submits that data to the FAA. However, the FAA agrees that 
the related language of paragraph C could be confusing on this 
point. In the final designation, paragraph 6c has therefore been 
modified to read, ``* * * and by voluntarily sharing FOQA data, 
aggregate FOQA data, or other FOQA information as specified in this 
order with the FAA.''

F. Electronic Data

    1. Comment: In Finding 6 of the proposed order, the FAA states 
that it hopes to establish an internet-based method for receiving 
aggregate FOQA data. We are concerned in this particular instance 
about assuming that an internet-based system will be the best 
system. Given the sensitive nature of FOQA (and ASAP) data, it may 
be the case that a different method of delivering this data in 
electronic format to the FAA will be preferred. Likewise, it may not 
be the case that initial submissions under part 193 will be in the 
form of paper reports, as this finding contemplates. The statement 
also suggests that the FAA intends to be a repository of FOQA data, 
an issue which is outside the scope of part 193. Furthermore, 
appropriate consideration has not been given to how FOQA data might 
be aggregated, analyzed, and used. FAA should work with industry to 
allow flexibility in the manner in which initial reports are 
submitted and to address issues associated with the maintenance and 
disposition of FOQA data. The discussion of this finding should be 
revised accordingly.
    2. The FAA Response: The FAA concurs with this comment and has 
revised the language in Finding 6 accordingly.

Appendix 2 of Order 8000.81 [Summary of significant changes to the 
Notice of Proposed Order Designating FOQA information as protected from 
disclosure (Federal Register, Volume 67, Number 172, Pages 56770-56774, 
September 5, 2002)]

    In addition to minor editorial corrections, the following 
changes from the above referenced proposed notice were made in the 
final order to assure consistency with 49 U.S.C. 40123 and 14 CFR 
13.401, as well as in response to those public comments with which 
the FAA concurred as described in Appendix 1:
    A. The word ``proposed'' is deleted in the final order from 
wherever it appeared in the notice.
    B. Paragraph B2 of the notice has been modified by inserting the 
words ``provided to the FAA who are'' in the final order.
    C. Paragraph B3 has been modified by replacing the word 
``obtained'' with ``provided'' in the final order.
    D. Paragraph B4 of the notice has been modified by deleting the 
words ``or the FAA'' and by adding the following parenthetical in 
the final order: (Before release of any such reports prepared by the 
FAA, information protected from disclosure under this order will be 
redacted.).
    E. Paragraph B6 of the notice has been modified by replacing the 
words ``is obtained'' with ``has been provided'' and by adding the 
following language, ``and the release of the specific results would 
constitute the release of FOQA data or aggregate data'' in the final 
order.
    F. Paragraph B7 of the notice has been modified by inserting the 
words ``reported to the FAA that are'' in the final order.
    G. Paragraph B9 of the notice has been modified by deleting the 
word ``reports'' and the word ``and'' and inserting the words ``and 
reports prepared by an operator'' in the final order.
    H. Under paragraph C of the notice, the words ``and by 
voluntarily sharing data and information from the FOQA program with 
the FAA'' have been replaced in the final order with, ``and by 
voluntarily sharing FOQA data, and aggregate FOQA data, or other 
FOQA information as specified in this order with the FAA.''
    I. Under proposed findings, paragraph (3) of the notice, the 
following sentence has been deleted from the final order: 
``Withholding such information from public disclosure is consistent 
with the FAA's safety and security responsibilities because, unless 
the FAA can provide an assurance that it will not be disclosed, the 
FAA will not receive the information. If the FAA does not receive 
the information, the FAA and the public will be deprived of the 
opportunity to make the safety improvements that receipt of the 
information enables.''
    J. Under proposed findings, paragraph (4) of the notice, the 
grammar in the example cited in the paragraph has been changed from 
conditional tense to past tense in the final order, i.e., ``could 
identify'' has been replaced with ``has identified'', ``are needed'' 
has been replaced with ``were needed'', etc.
    K. Under proposed findings, paragraph (5) of the notice, the 
following sentence has been deleted from the final order, 
``Corrective action under FOQA can be accomplished without 
disclosure of protected information.'' The following sentences have 
been added to the final order: ``The FAA can then monitor the 
implementation of that modification, as well as review follow-on 
FOQA trend data pertinent to approach and landing maneuvers, to 
determine the effectiveness of the corrective action. The FAA can 
therefore accomplish its safety responsibilities without disclosure 
of FOQA data to the public. Withholding the information is 
consistent with the FAA's safety responsibilities, because, except 
for disclosure protection the FAA would not receive the information, 
and by virtue of its receipt, the FAA is able to not only assure 
that the corrective action necessary to maintain public safety has 
been taken, but that such action continues to be effective for that 
purpose.''
    L. Under proposed findings, paragraph (5) of the notice, the 
following sentences have been added to the final order, ``In 
addition, in accordance with 14 CFR section 13.401(e), the FAA may 
release FOQA information in support of enforcement actions that 
involve criminal or deliberate acts. To withhold disclosure of 
information in circumstances that involve criminal or deliberate 
acts would be inconsistent with the agency's safety responsibilities 
because it could prevent the agency, or at least diminish its 
ability, to effectively address such misconduct.''
    M. Under proposed designation in the notice, the word ``hereby'' 
has been deleted, the reference to paragraph 6b has been corrected 
to 5b, and the words ``with the exceptions noted in paragraph 
6(e)(2)'' have been added.
    N. Under proposed findings, paragraph 6, of the notice, the last 
paragraph referring to a secure internet based methodology has been 
deleted in its entirety from the final order.

[FR Doc. 03-16002 Filed 6-27-03; 8:45 am]
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