[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Notices]
[Pages 51804-51806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20375]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2011-0183]


Access to Aircraft Situation Display to Industry (ASDI) and 
National Airspace System Status Information (NASSI) Data

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Notice of the Process for Limiting Aircraft Data 
Displayed Via ASDI.

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SUMMARY: In a proposal published on May 9, 2012, the FAA tentatively 
identified a process through which aircraft owners and operators could 
ask the FAA to limit the agency's dissemination of their aircraft data 
via the FAA's ASDI program.\1\ The FAA noted that its final decision on 
the policy will replace the interim policy to which the FAA has adhered 
since publishing it on December 16, 2011.\2\ After considering each of 
the comments submitted to the public docket in response to the 
proposal, the FAA is issuing this final policy with respect to the 
dissemination of aircraft data via ASDI.
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    \1\ 77 FR 27,269 (May 9, 2012).
    \2\ 76 FR 78,328 (Dec. 16, 2011).
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    If you wish to review the background documents or the comments 
received in this matter, you may go to http://www.regulations.gov at 
any time and follow the online instructions for accessing the 
electronic docket. You may also go to the U.S. Department of 
Transportation's Docket Operations in Room W12-140 on the ground floor 
of the West Building at 1200 New Jersey Avenue SE., Washington, DC, 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays.

DATES: The procedures described in this document will take effect on 
September 20, 2013.

FOR FURTHER INFORMATION CONTACT: You may direct any questions about 
adding aircraft to and removing aircraft from the ASDI block list to 
Mr. Damon Thomas by telephone at (202) 267-5300 or by electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 18, 2011, the President signed into law H.R. 2112, the 
``Consolidated and Further Continuing Appropriations Act, 2012,'' which 
provided the U.S. Department of Transportation's appropriation for the 
balance of fiscal year 2012. Section 119A of that statute provided 
that:

    [n]otwithstanding any other provision of law, none of the funds 
made available under this Act or any prior Act may be used to 
implement or to continue to implement any limitation on the ability 
of any owner or operator of a private aircraft to obtain, upon a 
request to the Administrator of the [FAA], a blocking of that 
owner's or operator's aircraft registration number from any display 
of the [FAA's ASDI and NASSI] data that is made available to the 
public, except data made available to a Government agency, for the 
noncommercial flights of that owner or operator.\3\
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    \3\ Public Law 112-55, Sec.  119A, 125 Stat. 552, 649.

    In light of this appropriation language, the FAA withdrew a prior 
policy that it published on June 3, 2011, which required owners or 
operators to submit a Certified Security Concern in order to have their 
aircraft blocked from the public's view on displays of ASDI and NASSI 
information. In connection with its withdrawal of the June 3 policy, 
the FAA published interim procedures by which the owners and operators 
of aircraft could request that the FAA block information about the 
operations of their aircraft from release to the public via the FAA's 
ASDI data feed.\4\ At that time, the FAA noted that it would propose 
more detailed procedures for the ASDI blocking program and solicit 
public comment on the proposal. The FAA published the FAA's proposed 
procedures on May 9, 2012.\5\ The FAA now summarizes and evaluates the 
written comments submitted to the public docket in this matter and sets 
forth the FAA's final decision on its policy related to the blocking of 
aircraft flight data from the ASDI data feed. In a separate action, the 
FAA will amend its memoranda of agreement with the subscribers who 
receive the information to clarify the subscriber responsibilities, 
consistent with the procedures described here.
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    \4\ 76 FR 78,328.
    \5\ 77 FR 27,269-71.
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II. Summary and Analysis of the Comments

    The FAA received eight written comments on the FAA's proposed 
procedures. Out of the eight commenters, two are generically opposed to 
blocking aircraft information from the ASDI and NASSI data, and three 
are generically in favor of the ASDI aircraft blocking program. The 
three remaining commenters question certain aspects of the program and 
the FAA's proposal.
    The FAA cannot accommodate the two commenters who oppose the 
blocking of aircraft information from the FAA's ASDI and NASSI data 
feed. The appropriations provision quoted above clearly precluded the 
use of appropriated funds to implement or to carry out any limitation 
on blocking from any display of the FAA's public data feed, on owner or 
operator request, the aircraft registration number of an aircraft 
conducting a noncommercial flight. In the absence of appropriated 
funds, the FAA cannot implement a policy or program that would limit 
owner or operator ability to block the specified aircraft from the 
FAA's data feed.
    With respect to the commenters who raised questions with respect to 
the FAA program, an anonymous commenter questions the need and 
effectiveness of the option to request the blocking of aircraft data at 
the ASDI subscriber level. This commenter suggests that the convenience 
of allowing an intermediate level of blocking at the ASDI subscriber 
level could be counterbalanced by the potential harm from the 
inadvertent release of ASDI and NASSI data at that level.
    In the FAA's notice inviting these comments, the FAA explained the 
rationale for the ASDI program's two

[[Page 51805]]

levels of aircraft blocking.\6\ In summary, given the technology and 
the processes in place when the FAA established the ASDI program in 
1997, some aircraft owners who desired to track their own blocked 
aircraft needed to contract with an ASDI subscriber to get that 
information, because there was no way for them to see the data if it 
were blocked at the FAA level. The option of requesting aircraft 
blocking at the ASDI subscriber level remains necessary for this 
purpose today, and the FAA will retain it. However, the commenter is 
correct to the extent that the FAA systems that convey aircraft data in 
the United States are changing rapidly. As a result, the FAA expects to 
update its data sharing policy as it continues to develop and deploy 
future systems that handle aircraft operational data.
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    \6\ Id., at 27,270.
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    The National Business Aviation Association (NBAA) inquires about 
the manner in which the FAA expects to protect blocked aircraft data 
from subscribers' intentional or inadvertent release. The FAA's 
agreement with subscribers requires each subscriber to demonstrate to 
the FAA's satisfaction the subscriber's ability to block selectively 
the display of any data related to any identified aircraft. In 
addition, the agreement has historically required ASDI data subscribers 
to honor the privacy and security interests of airspace system users 
under the legacy ASDI blocking program. In the notice announcing the 
FAA's interim policy, the FAA specified that it construes the current 
agreement to obligate ASDI subscribers to filter any aircraft data at 
the FAA's direction.\7\ The potential remedy for a subscriber's failure 
to honor the privacy and security interests of system users has been 
the FAA's immediate termination of the agreement with that subscriber. 
This remedy has proven adequate. If any member of the public identifies 
an aircraft that should be blocked, yet continues to appear in the 
information that an ASDI subscriber releases, he or she can report the 
matter to FAA's ASDI program staff by the means identified in the ``For 
Further Information Contact'' section of this document.
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    \7\ 76 FR 78,328.
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    NBAA also asks the FAA to identify clearly a process for removing 
aircraft from the ASDI block list. The FAA's May 2012 proposal states 
that the FAA was proposing that it would use the same process for 
adding as well as removing aircraft from the ASDI block list.\8\ For 
example, in detailing the proposed substance of owner/operator 
requests, the FAA noted that the completeness of the information 
submitted could influence the FAA's ability to ``add or delete aircraft 
from the ASDI block list . . . .'' \9\ In addition, the information 
that the FAA proposed for submission included ``[t]he registration 
number(s) of the aircraft to be blocked or unblocked . . . .'' \10\ The 
FAA does not perceive that using an identical process to block and to 
unblock aircraft will be confusing or problematic for requestors, and 
the FAA will adopt that approach.
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    \8\ 77 FR 27,269-70.
    \9\ Id., at 27,269.
    \10\ Id.
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    NBAA additionally suggests that the FAA should permit associations 
to consolidate and forward aircraft blocking and unblocking requests to 
the FAA. In the FAA's May 2012 proposal, the FAA tentatively determined 
that requests to block aircraft must come to the FAA from aircraft 
owners, aircraft operators, or their legally authorized agent and not 
from associations acting on their behalf. The FAA will adhere to this 
requirement. In proposing a minimum legal relationship between an ASDI 
block requestor and the aircraft owner or operator, the FAA determined 
that the requestor, if he or she is not the actual owner or operator, 
should have a fiduciary duty to adhere to the owner's or operator's 
express wishes. This is intended to ensure that the requestor has a 
legal duty to carry out promptly the owner's or operator's request, and 
the FAA expects this to result in a very close correlation between 
owner/operator preference and the composition of the ASDI block list. 
The FAA continues to believe that the threshold identified in the 
proposal is appropriate and will promote the ASDI block list's ongoing 
accuracy.
    NBAA further notes that the FAA's proposal does not specify a type 
of documentation that the FAA needs in order to process a request 
related to aircraft blocking. The FAA did not prescribe a specific form 
for blocking and unblocking aircraft principally because the FAA 
intends this process to be as simple as possible; the FAA does not want 
to suggest that a particular form is necessary to effect the requesting 
owner's or operator's wishes. The FAA proposed the minimum amount of 
information that the FAA expects the program will need to process the 
request.\11\ Elaborating slightly on the FAA's proposal, the FAA will 
be best equipped to process the request promptly if the request 
includes:
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    \11\ Id., at 27,269-70.
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     The name of the requestor;
     the registration number(s) of the aircraft to be blocked 
or unblocked;
     a certification that the requestor is the owner or 
operator of the specified aircraft or is a legally authorized 
representative of the aircraft owner or operator;
     a telephone number or electronic mail address to which the 
FAA can direct any questions about the request; and
     for a request to block one or more aircraft, a statement 
indicating the requestor's desired level of ASDI blocking--either at 
the FAA source or at the ASDI subscriber level.
    The request must be in writing and delivered either to the 
designated electronic mail address or to the designated regular mailing 
address for the ASDI blocking program.
    An anonymous commenter asks the FAA to clarify the uses that ASDI 
subscribers can make of the ASDI data feed. The commenter states that 
the FAA should permit ASDI subscribers to pass along to ``aviation 
community'' users ASDI and NASSI near real time data that is further 
filtered only to protect basic privacy considerations. The commenter 
does not consider the aviation community user to correspond to the 
general public, instead defining the aviation community to include, for 
example, corporate aircraft operators and fixed base operators and 
perhaps also including all businesses and commercial entities providing 
air transportation related services. The commenter also asks that the 
FAA place no restriction on subscribers' retransmission of historical 
flight data, including the past operations of aircraft on the ASDI 
block list.
    The permissible uses of ASDI and NASSI data that are subject to 
subscriber-level blocking is technically a concern that is separate 
from the present discussion. The notice underlying this matter was 
limited to the procedures by which aircraft owners and operators can 
request that the FAA block their aircraft from the ASDI data feed.\12\ 
By contrast, the responsibilities of ASDI subscribers with respect to 
handling ASDI and NASSI data that is designated as blocked at the 
subscriber level are contained in the FAA's contractual memorandum of 
agreement with ASDI subscribers. In an effort that parallels the 
current procedural policy discussion, the FAA is reviewing its 
memoranda of agreement to ensure that they comport with the FAA's 
current overall data sharing policy. The FAA will communicate 
separately with ASDI subscribers in connection with that effort.
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    \12\ Id.

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[[Page 51806]]

    Nevertheless, the FAA notes potential pitfalls that could accompany 
the recommendations of the anonymous commenter. For example, the 
commenter's definition of an aviation community user could include the 
flight department of a company that is interested in the aircraft 
movements of a competitor's aircraft. This could presumably thwart a 
reason that the competing airspace user sought ASDI blocking in the 
first place. In addition, the FAA has not previously agreed that ASDI 
subscribers can display the historical movements of blocked aircraft. 
Aside from the absence of a clear line as to when such data becomes 
historical, the FAA did not propose to permit ASDI subscribers to 
retransmit the historical movements of blocked aircraft, and the 
commenter's suggestion therefore falls outside the scope of the 
proposal.

III. Conclusions

    With respect to the procedures for aircraft owner and operator 
requests to block and unblock aircraft from inclusion in the FAA's ASDI 
data feed, the FAA concludes as follows:
    1. Requestors. The FAA will honor each written request of an 
aircraft owner and operator, submitted in accordance with paragraphs 2 
and 3 to block or unblock their aircraft's appearance in the FAA's 
public ASDI data feed. Aircraft owners and operators may submit their 
request on their own behalf, or they may do so through a legally 
authorized agent, including an attorney or an aircraft management 
company with a fiduciary duty to carry out the owner's or operator's 
express wishes with respect to the aircraft.
    2. Substance of Requests. To assist the FAA in processing aircraft 
owner or operator requests promptly, all requests related to an 
aircraft's ASDI blocking or unblocking must include the following 
information:
     The name of the requestor;
     the registration number(s) of the aircraft to be blocked 
or unblocked;
     a certification that the requestor is the owner or 
operator of the specified aircraft or is a legally authorized 
representative of the aircraft owner or operator;
     a telephone number or electronic mail address to which the 
FAA can direct any questions about the request; and
     for a request to block one or more aircraft, a statement 
indicating the requestor's desired level of ASDI blocking--either at 
the FAA source or at the ASDI subscriber level.
    3. Addresses. The FAA's primary electronic mailbox for all aircraft 
blocking and unblocking requests and for related inquiries directed to 
the ASDI blocking program is [email protected]. The FAA also will 
accept aircraft block and unblock requests submitted by regular mail 
at: FAA ASDI Blocking Request; ATO System Operation Services, AJR-0; 
Wilbur Wright Building, Room 3E1500; 600 Independence Avenue SW; 
Washington, DC 20597.
    4. FAA Monthly Implementation. The FAA implements the ASDI block 
list updates on the first Thursday of each month. As a result, requests 
that the FAA receives on or before the 15th of the preceding month are 
likely to be processed in time to take effect in the month after the 
FAA receives them. However, it is possible that the volume of requests 
in a given month, a requestor's timeliness, or issues with the 
completeness and accuracy of the information that the FAA receives 
could preclude the FAA from processing some requests in time for them 
to take effect in the month following their submission. In that event, 
the FAA will process all requests in the order in which the FAA 
receives them, to the extent that it is possible.
    5. FAA Treatment of Aircraft That Are Currently Blocked. Any 
aircraft that is currently on the ASDI block list, either by virtue of 
a certified security concern submitted after June 3, 2011, or a request 
submitted under the FAA's interim ASDI block policy, will remain 
indefinitely on the ASDI block list when the policies in this document 
take effect. It is not necessary for the owners or operators of these 
aircraft to resubmit their requests, unless they wish to change the 
blocking status of their aircraft or amend the level at which their 
aircraft is blocked.

    Issued in Washington, DC, on August 14, 2013.
J. David Grizzle,
Chief Operating Officer, ATO.
[FR Doc. 2013-20375 Filed 8-20-13; 8:45 am]
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