[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Notices]
[Pages 5500-5502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1915]


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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 order designating information as protected from 
disclosure.

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SUMMARY: The Federal Aviation Administration (FAA) is designating 
information provided to the agency from approved voluntary compliance 
with safety enhancements recommended by the Commercial Aviation Safety 
Team (CAST) as protected from public

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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. The designation is 
intended to encourage sharing of information between the FAA and 
operators implementing the CAST safety enhancements.

DATES: Effective February 2, 2005.

FOR FURTHER INFORMATION CONTACT: Margaret Gilligan, Deputy Associate 
Administrator, Regulation and Safety, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
7804.

SUPPLEMENTARY INFORMATION:

Availability of This Designation Order

    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 Rulemakings' Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Ave., SW., Washington, DC 20591, or by calling (202-267-9680. Be sure 
to identify the docket number of this order.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted 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 19477-19478) or you may visit http://dms.dot.gov.

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 FAA order to protect CAST information from disclosure 
is issued under 14 CFR 193.11, which sets out the notice procedure for 
designating information as protected.
    A notice of proposed order designating CAST information as 
protected from disclosure was published in the Federal Register on 
October 26, 2004 (69 FR 62503). The FAA received three comments in 
response to the notice. See ``Summary of Comments Received and the 
FAA's Responses'' below.

Applicability

    This order is applicable to any FAA office that receives 
information covered under this designation from a CAST member. This 
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 CAST information protected from disclosure under this 
designation from the FAA, an agency must first stipulate, in writing, 
that it will abide by the provision of 14 CFR part 193 and this order.

Description of the 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. Its focus in the future will be on incident/
precursor data to mitigate risks prior to fatal mishaps.
    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 that 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 and reducing future risk in civil aviation.

Summary of the Protected Safety Information

    A. Who may participate? Air operators, crewmembers and 
manufacturers who are targeted to implement safety enhancements 
recommended by CAST.
    B. What voluntarily provided information will be protected from 
disclosure under this 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 the 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 the FAA, any CAST member organization, or 
any team or workgroup established by or associated with 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.
    7. All information related to changing risk, emerging threats, or 
accident precursors. Incident data (e.g., FOQA and ASAP) used as a 
diagnostic tool will be included.
    C. How can persons participate? An operator, crewmember or 
manufacturer can participate by voluntarily providing data related to 
implementation of safety enhancements to an FAA inspector, to

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another FAA representative or to CAST through a CAST member 
organization.
    D. What is the duration of this protection? Information related to 
implementation of safety enhancements recommended by CAST will be 
protected indefinitely.

Summary of Findings

    The FAA designates 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 
purposes 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, the 
FAA and CAST will not be able to determine the effectiveness of safety 
enhancements. If the FAA and CAST do not receive the information, the 
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 the 
FAA's safety responsibilities--With this information, the 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--Withholding the 
information from disclosure is consistent with FAA safety 
responsibilities because, to reach the FAA's safety goal, the FAA must 
be able to evaluate the implementation and effectiveness of safety 
enhancements identified through CAST.
    6. Summary of when withholding the information from disclosure 
would not be consistent with FAA safety responsibilities as described 
in 14 CFR 193.9--The FAA will release information, as set forth in part 
193, to explain the need for changes in FAA policies, procedures and 
regulations. The 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, the 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). The 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.
    7. Summary of how the 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 
the 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 the 
FAA receives from other sources.

Summary of Comments Received and the FAA's Response

    A proposed FAA order designating CAST information as protected from 
disclosure under part 193 was published on October 26, 2004 in the 
Federal Register (69 FR 62503). The FAA received three comments in 
response to the proposed order.
    Comment: One commenter suggested that CAST had completed its work 
and the order was not necessary.
    FAA Response: CAST has not completed its work. In fact, the members 
of CAST have committed to a goal that will maintain a continuous 
reduction in the fatality risk in the United States and international 
commercial aviation beyond 2007. The future vision of CAST is: Key 
aviation stakeholders acting cooperatively to lead the worldwide 
aviation community to the highest levels of global commercial aviation 
safety by focusing on the right things.
    Comment: Two commenters supported the order. One commenter from 
industry stated, ``Absent clear protection, some carriers may choose 
not to participate in CAST''. * * * Such a result would clearly 
contradict the public interest.'' The commenter urged the FAA to issue 
a final order.
    The other commenter, also from industry, while supporting the 
order, suggested several minor changes regarding the definition of 
eligible participants and the nature of the protected information. The 
FAA has made those editorial changes.

Designation

    Accordingly, the Federal Aviation Administration hereby designates 
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 January 26, 2005.
Nicholas A. Sabatini,
Associate Administrator for Aviation Safety.
[FR Doc. 05-1915 Filed 2-1-05; 8:45 am]
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