[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Notices]
[Page 52107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21145]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Air Traffic Data in the Possession of Government Contractors

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The recently enacted Pilot's Bill of Rights (PBR) provides, 
among other things, that ``air traffic data'' should be made accessible 
to, or obtainable by, an airman in Federal Aviation Administration 
(FAA) investigations when such data are in the FAA's possession and the 
data will facilitate the individual's ability to participate in a 
proceeding related to an FAA investigation. Some ``air traffic data'' 
are in the possession of government contractors providing operational 
services to the FAA. This notice specifies how and where an airman may 
request the FAA's assistance in seeking ``air traffic data'' from 
government contractors.

SUPPLEMENTARY INFORMATION: 

A. Background

    On August 3, 2012, the Pilot's Bill of Rights, Public Law 112-153, 
was enacted. The PBR requires that the FAA notify an individual who is 
the subject of an investigation relating to the approval, denial, 
suspension, modification, or revocation of an airman certificate of 
certain information regarding the investigation. Among other things, 
the PBR requires the FAA to inform the individual that he or she ``is 
entitled to access or otherwise obtain air traffic data.'' The FAA may 
delay in providing such notification if it is determined that such 
notification ``may threaten the integrity of an investigation.''
    The PBR defines ``air traffic data'' in the possession of the FAA 
to include (i) relevant air traffic communication tapes; (ii) radar 
information; (iii) air traffic controller statements; (iv) flight data; 
(v) investigative reports; and (vi) any other air traffic or flight 
data in the FAA's possession that would facilitate the individual's 
ability to productively participate in a proceeding related to the 
investigation. The PBR recognizes that some air traffic data are in the 
possession of government contractors, not the FAA. The PBR provides 
that an individual--who is the subject of an FAA investigation related 
to the approval, denial, suspension, modification, or revocation of an 
airman certificate--is entitled to obtain air traffic data that are 
``government contractor air traffic data'' that would assist the 
individual in participating in a proceeding related to such an 
investigation. The PBR provides that such an individual can request 
that the FAA obtain air traffic data from a government contractor 
providing operational services to the FAA, including control towers and 
flight service stations. Under the law, when the FAA requests such data 
from a government contractor and when the contractor provides the data 
to the FAA, the FAA is required to transmit the data obtained from the 
contractor to the individual described above.

B. Centralized FAA Point-of-Contact for Requests for Air Traffic Data 
From Government Contractors

    Shortly, the FAA's Internet Web page (www.faa.gov) will have a 
``Pilot's Bill of Rights'' hyperlink. An individual who is the subject 
of an investigation related to the approval, denial, suspension, 
modification, or revocation of an airman certificate may ``click'' on 
that hyperlink on the FAA Web page to find out what information the FAA 
needs to process a request for air traffic data in the possession of 
government contractors providing operational services to the FAA. The 
FAA Web site will also provide the individual with an FAA email 
[email protected] the airman can send his or 
her request for contractor air traffic data.
    Because of the costs associated with storing air traffic data, much 
of it is destroyed or otherwise disposed of within a few days or weeks 
after it is generated. For an individual's request to be meaningful, it 
must be expeditiously received by the FAA at a centralized location by 
FAA personnel who are trained to process such requests, and then it 
must be submitted to the government contractors before those 
contractors destroy or otherwise dispose of air traffic data in the 
normal course of business. FAA personnel who are knowledgeable about 
government contractors that provide operational services to the FAA 
(including control towers and flight service stations) will check for 
submissions made to [email protected], and those FAA personnel 
will expeditiously forward such requests to the appropriate government 
contractor.

C. What Should Be Contained in the Request for Government Contractor 
Air Traffic Data

    The PBR requires that when an individual who is the subject of an 
FAA investigation relating to an airman certificate requests air 
traffic data that are in the possession of a government contractor that 
provides operational services to the FAA (including control towers and 
flight service stations), the individual must: (1) Describe the 
facility at which such information is located; and (2) identify the 
date on which the information was generated.
    Because government contractors may have a tremendous amount of air 
traffic data, it is important for the individual to provide as much 
detail as possible regarding the air traffic data being sought. Such 
things about the aircraft operation as the local time of day, the 
heading of the aircraft, and its altitude will increase the chances 
that the appropriate data can be located, retrieved, preserved, and 
transmitted in accordance with the requirements of the Pilot's Bill of 
Rights.

    Issued in Washington, DC, on August 22, 2012.
Peter J. Lynch,
Assistant Chief Counsel for Enforcement.
[FR Doc. 2012-21145 Filed 8-27-12; 8:45 am]
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