Access to Aircraft Situation Display (ASDI) and National Airspace System Status Information (NASSI), 12209-12211 [2011-4955]
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12209
Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices
packages by calling the SSA Reports
Clearance Officer at 410–965–8783 or by
writing to the above e-mail address.
1. Request for Social Security
Earnings Information—20 CFR 404.810
and 401.100—0960–0525. The Social
Security Act permits wage earners, or
their authorized representative, to
request Social Security earnings
information from SSA using Form SSA–
7050. SSA uses the information to verify
the requestor’s right to access the
information and to produce the earnings
statement. The respondents are wage
earners and their authorized
representatives.
Type of Request: Revision of an OMBapproved information collection.
Number of Respondents: 60,400.
Frequency of Response: 1.
Average Burden per Response: 11
minutes.
Estimated Annual Burden: 11,073
hours.
2. Methods for Conducting Personal
Conferences When Waiver of Recovery
of a Title II or Title XVI Overpayment
Cannot Be Approved—20 CFR
404.506(e)(3), 404.506(f)(8),
416.557(c)(3), and 416.557(d)(8)—0960–
0769. SSA conducts personal
conferences when we cannot approve a
waiver of recovery of a title II or title
XVI overpayment. Social Security
beneficiaries and Supplemental Security
Income (SSI) recipients have the right to
request a waiver of recovery and
automatically schedule a personal
conference if we cannot approve their
requests for waiver of overpayment. We
conduct these conferences face-to-face,
by telephone, or by video
teleconference.
Social Security beneficiaries and SSI
recipients, or their representatives, may
provide documents to demonstrate they
are without fault in causing the
overpayment and do not have the ability
to repay the debt. They may submit
these documents with Form SSA–632
(OMB No. 0960–0037) Request for
Number of
respondents
Title/section and collection description
Waiver of Overpayment Recovery; Form
SSA–795 (OMB No. 0960–0045),
Statement of Claimant or Other Person;
or personal statement submitted by
mail, telephone, personal contact, fax,
or e-mail. This information collection
satisfies the request requirements for
waiver of recovery of an overpayment
and allows individuals to pursue an
administrative appeal via personal
conference. We use the information to
determine whether to grant or deny a
waiver request. Respondents are Social
Security beneficiaries and SSI recipients
or their representatives seeking
reconsideration of an SSA waiver
decision. Note: This is a correction
notice. When SSA published the 60-day
Federal Register Notice for this
collection on December 22, 2010 at 75
FR 80563, the burden figures we
reported were correct at that time.
However, we have since received
updated burden data that we are
reporting in the new burden chart below
Average
burden
per response
(minutes)
Frequency of
response
Total annual
burden (hours)
Personal conference 404.506(e)(3) and 404.506(f)(8) submittal of additional
documents for consideration at personal conferences. ...............................
Personal conference 416.557(c)(3) and 416.557(d)(8) submittal of additional
documents for consideration at personal conferences. ...............................
50,000
1
30
25,000
67,332
1
30
33,666
Total ..........................................................................................................
117,332
........................
........................
58,666
Dated: March 1, 2011.
Faye Lipsky,
Reports Clearance Officer, Center for Reports
Clearance, Social Security Administration.
[FR Doc. 2011–4860 Filed 3–3–11; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2011–0183]
Access to Aircraft Situation Display
(ASDI) and National Airspace System
Status Information (NASSI)
Federal Aviation
Administration. DOT.
ACTION: Notice of proposed modification
to the FAA/Subscriber Memorandum of
Agreement (MOA) and request for
comments.
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY:
The FAA has tentatively
decided that it is in the best interests of
the United States Government and the
general public to modify Section 9 of
the June 1, 2006, MOA for Industry
Access to Aircraft Situation Display
SUMMARY:
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19:16 Mar 03, 2011
Jkt 223001
(ASDI) and National Airspace System
Status Information (NASSI) data,
between the FAA and Direct Subscribers
to ASDI and NASSI data-feeds. In
recognition of the fact that the Privacy
Act does not protect general aviation
operators from public knowledge of
their flight information, the FAA
proposes to require Direct Subscribers
(as a condition of signing the MOA) and
Indirect Subscribers (as a condition of
signing agreements with Direct
Subscribers) to block from ASDI and
NASSI data-feeds available to the public
any general aviation aircraft registration
number for which a Certified Security
Concern has been provided to the FAA.
DATES: Comments on the FAA’s
proposed modification to the MOA must
clearly identify the docket number and
must be received on or before April 4,
2011.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2011–0183 using any of the following
methods:
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
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• Mail: Send comments to the Docket
Management Facility; US Department of
Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to the Docket
Management Facility at (202) 493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Considerations: We will post
all comments we receive, without
change, to https://www.regulations.gov,
including any personal information you
provide. Using the search function of
our docket Web site, anyone can find
and read the comments received into
any of our dockets, including the name
of the individual sending the comment
(or signing the comment for an
association, business, labor union, etc).
You may review the Department of
Transportation’s complete Privacy Act
Statement in the Federal Register at 65
FR 19,477–78 (Apr. 11, 2000).
E:\FR\FM\04MRN1.SGM
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jlentini on DSKJ8SOYB1PROD with NOTICES
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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices
Reviewing the Docket: To read
background documents or comments
received in this matter, go to https://
www.regulations.gov at any time or go to
the Docket Management Facility in
Room W12–140 on the ground floor of
the West Building at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Barry Davis by telephone at (540) 422–
4650 or by electronic mail at
barry.davis@faa.gov.
SUPPLEMENTARY INFORMATION: In
carrying out its functions over aircraft
flight safety and registration, the FAA
requires aircraft to display registration
numbers and requires each person filing
an instrument flight rules flight plan to
provide the FAA with information about
the flight, including the aircraft, pilot,
departure and landing points, routing,
time enroute, and the number of persons
on board. 14 CFR 91.169. The FAA
incorporates this information (filtered to
exclude military and sensitive
operations) into a visual system
(Aircraft Situation Display) depicting
each aircraft and uses it to manage air
traffic flow.
The FAA has entered into an MOA
with Direct Subscribers to the ASDI and
NASSI data-feed. The terms of the MOA
also extend to Indirect Subscribers that
access the data from the Direct
Subscribers and redistribute it to the
public. The MOA prescribes the rights
and responsibilities of the Subscribers
and the FAA. The FAA differentiates
the data-feed it provides directly into
two classes of users. For Class One
users, the FAA provides a near real time
data-feed, because the data facilitates
aircraft dispatching flexibility and
management of user operational
resources. Class One users include
airlines (including some corporate flight
departments and part 135 operators
with direct responsibility for
dispatching or tracking aircraft),
professional aviation organizations with
established flight-tracking capabilities,
and government users. For Class Two
users, the FAA provides a data-feed that
has been time-delayed by at least five
minutes to entities without a need for
near real time positional flight tracking.
Class Two users gaining direct access to
recorded (historical) format include
most general aviation and non-aviationrelated organizations.
Under 49 U.S.C. 44103, note (Pub. L.
106–181, Apr. 5, 2000), Congress
directed the FAA to conform the MOA
to require that a Direct Subscriber
demonstrate the capability to selectively
block the display of any data related to
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19:16 Mar 03, 2011
Jkt 223001
any identified aircraft registration
number and that the Direct Subscriber
agree to selective blocking upon the
Administrator’s request. Section 7.2.3 of
the MOA conforms to that statutory
requirement.
Section 9 of the MOA currently
provides a means to protect the ‘‘Privacy
and Security Interests’’ of general
aviation operators. The FAA currently
agrees to accommodate industry
initiatives to collect requests from
aircraft owners or operators to exclude
their aircraft from ASDI and NASSI
data-feeds available to the public, either
in near real time or in recorded
(historical) format. Under Section 9, the
FAA accommodates those initiatives for
purposes of protecting the privacy and
security interests of those aircraft
owners. The MOA also requires Direct
Subscribers and Indirect Subscribers
(through the agreements signed with
Direct Subscribers) to respect these
privacy and security interests when
developing or marketing ASDI or
NASSI-based products. Under Section
15, the FAA has the right to terminate
the MOA with a Subscriber that does
not appropriately protect the security or
privacy interests.
We have tentatively determined that it
is in the best interests of the United
States Government and the general
public for the FAA to exclude general
aviation aircraft identification numbers
from ASDI and NASSI data-feeds
available to the public only upon
certification by the aircraft owner or
operator of a Valid Security Concern (as
defined below).
Although the MOA currently provides
for the accommodation of privacy and
security interests from general aviation
aircraft owners and operators upon
request and requires the Direct and
Indirect Subscribers to consider and
respect these interests, as explained in
Section 9 of the MOA, the Privacy Act
(5 U.S.C. 552a) does not protect general
aviation operators from public
knowledge of their flight information. A
Federal district court has recently held
that a list of general aviation aircraft
registration numbers does not constitute
a trade secret or commercial or financial
information under the Freedom of
Information Act, 5 U.S.C. 552. Nat’l Bus.
Aviation Ass’n v. Fed. Aviation Admin.,
686 F.Supp.2d 80, 86–87 (D.D.C. 2010).
Releasing registration numbers
associated with visual displays of flights
would not reveal either the identity of
the passengers on the aircraft or the
purpose of the flight. Accordingly, we
do not believe that it is in the public
interest to withhold from public
disclosure information that is not
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Fmt 4703
Sfmt 4703
protected by the Privacy Act and other
laws.
We recognize that some general
aviation aircraft owners or operators
may have a Valid Security Concern (as
defined below) regarding their aircraft
or aircraft passengers and seek to have
the aircraft registration numbers of their
aircraft blocked from the public ASDI
and NASSI data-feeds. To have the FAA
block a general aviation aircraft
registration number, an aircraft owner or
operator must provide the FAA, at least
annually, a written certification (a
‘‘Certified Security Concern’’) that: a) the
facts and circumstances establish a
Valid Security Concern regarding the
security of the owner’s or operator’s
aircraft or aircraft passengers; or b) the
general aviation aircraft owner or
operator satisfies the requirements for a
bona fide business-oriented security
concern under Treasury Regulation
1.132–5(m), ‘‘Employer-provided
transportation for security concerns,’’ 26
CFR 1.132–5(m).
A Valid Security Concern is a
verifiable threat to person, property or
company, including a threat of death,
kidnapping or serious bodily harm
against an individual, a recent history of
violent terrorist activity in the
geographic area in which the
transportation is provided, or a threat
against a company. As with the
Treasury Regulations, a generalized
concern about safety is not enough to
establish a Valid Security Concern. We
note that Treasury Regulation 1.132–
5(m) covers ‘‘working condition fringes’’
and provides for the exclusion from
income of certain employer-provided
transportation, including ‘‘flights on
employer’s aircraft for business and
personal reasons.’’ The Internal Revenue
Service (IRS) permits the exclusion
when the flights meet a ‘‘bona fide
business-oriented security concern’’ that
requires an employee to travel on a
company plane for business and
personal trips. Under the regulation, the
employer must have a specific basis for
a security concern and establish that
concern to the satisfaction of the IRS,
through an independent security study
or an overall security program.
Providing ASDI and NASSI data-feed
protection to those general aviation
aircraft owners or operators that have
bona fide business-oriented security
concerns under the Treasury
Regulations is clear, easy to follow, and
justifiable.
Direct and Indirect Subscribers would
be prohibited from distributing in a
visual display, either in near real time
or in recorded (historical) format,
information regarding aircraft for which
a Certified Security Concern has been
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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices
provided to the FAA, and Direct and
Indirect Subscribers would be
prohibited from using such information
in developing or marketing ASDI- or
NASSI-based products. Under the
operative statutory provision, 49 U.S.C.
44103 note, the FAA has the discretion
to determine whether aircraft
registration numbers should be blocked,
and we do not believe that protecting
aircraft identities from publicly
available access is always in the best
interests of the United States
Government and the general public.
Accordingly, we seek comment on
modifying Section 9 of the MOA as
follows:
jlentini on DSKJ8SOYB1PROD with NOTICES
9. Security Interests
The ASDI and NASSI data includes the
near real time position and other flight data
associated with civil instrument flight rules
(IFR) aircraft. While commercial operators
conduct business according to a published
listing of service and schedule, general
aviation operators do not. It is possible that
public knowledge of the ASDI and NASSI
data of certain general aviation operators
could compromise the security of individuals
or property. General aviation aircraft
identification numbers must be excluded
from public ASDI and NASSI data-feeds in
the event a general aviation aircraft owner or
operator provides the FAA, at least annually,
a written certification (a ‘‘Certified Security
Concern’’) that a) the facts and circumstances
establish a Valid Security Concern regarding
the security of the owner’s or operator’s
aircraft or aircraft passengers; or b) the
general aviation aircraft owner or operator
satisfies the requirements for a bona fide
business-oriented security concern under
Treasury Regulation 1.132–5(m), ‘‘Employerprovided transportation for security
concerns,’’ 26 CFR § 1.132–5(m). A Valid
Security Concern is a verifiable threat to
person, property or company, including a
threat of death, kidnapping or serious bodily
harm against an individual, a recent history
of violent terrorist activity in the geographic
area in which the transportation is provided,
or a threat against a company. The FAA will
no longer accommodate any ASDI- or NASSIrelated security or privacy requests, except
such Certified Security Concerns. All Direct
Subscribers (as a condition of signing this
MOA) and Indirect Subscribers (as a
condition of signing agreements with Direct
Subscribers) must block any general aviation
aircraft registration numbers for which
Certified Security Concerns have been
provided to the FAA. If the FAA determines
that any Direct or Indirect Subscriber
develops or markets products that violate this
provision, the FAA’s rights under Section 15
shall apply.
Issued in Washington, DC, on March 1,
2011.
Marc L. Warren,
Deputy Chief Counsel.
[FR Doc. 2011–4955 Filed 3–3–11; 8:45 am]
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12211
Commercial Space Transportation
Advisory Committee—Public
Teleconference
telephone (202) 267–8029; E-mail
susan.lender@faa.gov. Complete
information regarding COMSTAC is
available on the FAA Web site at:
https://www.faa.gov/about/office_org/
headquarters_offices/ast/
advisory_committee/.
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of Commercial Space
Transportation Advisory Committee
Teleconference (COMSTAC).
Issued in Washington, DC, on February 24,
2011.
George C. Nield,
Associate Administrator for Commercial
Space Transportation.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
AGENCY:
Pursuant to Section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463, 5 U.S.C. App. 2), notice
is hereby given of a teleconference of
the Commercial Space Transportation
Advisory Committee (COMSTAC). The
teleconference will take place on
Thursday, March 17, 2011, starting at 2
p.m. Eastern Standard Time. Individuals
who plan to participate should contact
Susan Lender, DFO, (the Contact Person
listed below) by phone or e-mail for the
teleconference call in number.
The proposed agenda for this
teleconference is to continue the
discussion held at the February 15,
2011, teleconference. This discussion
looked at the structure of the COMSTAC
working groups and the organization of
the COMSTAC meetings themselves.
The agenda also includes a discussion
of the agenda for the May COMSTAC
meeting.
Interested members of the public may
submit relevant written statements for
the COMSTAC members to consider
under the advisory process. Statements
may concern the issues and agenda
items mentioned above or additional
issues that may be relevant for the U.S.
commercial space transportation
industry. Interested parties wishing to
submit written statements should
contact Susan Lender, DFO, (the Contact
Person listed below) in writing (mail or
e-mail) by March 14, 2011, so that the
information can be made available to
COMSTAC members for their review
and consideration before the March 17,
2011, teleconference. Written statements
should be supplied in the following
formats: one hard copy with original
signature or one electronic copy via email.
An agenda will be posted on the FAA
Web site at https://www.faa.gov/go/ast.
Individuals who plan to participate
and need special assistance should
inform the Contact Person listed below
in advance of the meeting.
FOR FURTHER INFORMATION CONTACT:
Susan Lender (AST–100), Office of
Commercial Space Transportation
(AST), 800 Independence Avenue, SW.,
Room 325, Washington, DC 20591,
SUMMARY:
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[FR Doc. 2011–4587 Filed 3–3–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Government/Industry Aeronautical
Charting Forum Meeting
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of public meeting.
AGENCY:
This notice announces the biannual meeting of the Federal Aviation
Administration (FAA) Aeronautical
Charting Forum (ACF) to discuss
informational content and design of
aeronautical charts and related
products, as well as instrument flight
procedures development policy and
design criteria.
DATES: The ACF is separated into two
distinct groups. The Instrument
Procedures Group (IPG) will meet April
26, 2011 from 8:30 a.m. to 5 p.m. The
Charting Group will meet April 27 and
28, 2011 from 8:30 a.m. to 5 p.m.
ADDRESSES: The meeting will be hosted
by Advanced Management Technology,
Inc. (AMTI), 1515 Wilson Boulevard,
Arlington, VA 22209.
FOR FURTHER INFORMATION CONTACT: For
information relating to the Instrument
Procedures Group, contact Thomas E.
Schneider, FAA, Flight Procedures
Standards Branch, AFS–420, 6500
South MacArthur Blvd, P.O. Box 25082,
Oklahoma City, OK 73125; telephone
(405) 954–5852; fax: (405) 954–2528.
For information relating to the
Charting Group, contact John A. Moore,
FAA, National Aeronautical Navigation
Products Group (AeroNav Products),
Regulatory Support and Coordination
Team, AJV–3B, 1305 East West
Highway, SSMC4, Station 4643, Silver
Spring, MD 20910; telephone: (301)
427–5154, fax: (301) 427–5412.
SUPPLEMENTARY INFORMATION: Pursuant
to § 10(a)(2) of the Federal Advisory
Committee Act (Pub. L. 92–463; 5 U.S.C.
App. II), notice is hereby given of a
meeting of the FAA Aeronautical
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12209-12211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4955]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2011-0183]
Access to Aircraft Situation Display (ASDI) and National Airspace
System Status Information (NASSI)
AGENCY: Federal Aviation Administration. DOT.
ACTION: Notice of proposed modification to the FAA/Subscriber
Memorandum of Agreement (MOA) and request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA has tentatively decided that it is in the best
interests of the United States Government and the general public to
modify Section 9 of the June 1, 2006, MOA for Industry Access to
Aircraft Situation Display (ASDI) and National Airspace System Status
Information (NASSI) data, between the FAA and Direct Subscribers to
ASDI and NASSI data-feeds. In recognition of the fact that the Privacy
Act does not protect general aviation operators from public knowledge
of their flight information, the FAA proposes to require Direct
Subscribers (as a condition of signing the MOA) and Indirect
Subscribers (as a condition of signing agreements with Direct
Subscribers) to block from ASDI and NASSI data-feeds available to the
public any general aviation aircraft registration number for which a
Certified Security Concern has been provided to the FAA.
DATES: Comments on the FAA's proposed modification to the MOA must
clearly identify the docket number and must be received on or before
April 4, 2011.
ADDRESSES: You may send comments identified by Docket Number FAA-2011-
0183 using any of the following methods:
Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Send comments to the Docket Management Facility; US
Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
Fax: Fax comments to the Docket Management Facility at
(202) 493-2251.
Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Privacy Considerations: We will post all comments we receive,
without change, to https://www.regulations.gov, including any personal
information you provide. Using the search function of our docket Web
site, anyone can find and read the comments received into any of our
dockets, including the name of the individual sending the comment (or
signing the comment for an association, business, labor union, etc).
You may review the Department of Transportation's complete Privacy Act
Statement in the Federal Register at 65 FR 19,477-78 (Apr. 11, 2000).
[[Page 12210]]
Reviewing the Docket: To read background documents or comments
received in this matter, go to https://www.regulations.gov at any time
or go to the Docket Management Facility in Room W12-140 on the ground
floor of the West Building at 1200 New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Barry Davis by telephone at (540) 422-
4650 or by electronic mail at barry.davis@faa.gov.
SUPPLEMENTARY INFORMATION: In carrying out its functions over aircraft
flight safety and registration, the FAA requires aircraft to display
registration numbers and requires each person filing an instrument
flight rules flight plan to provide the FAA with information about the
flight, including the aircraft, pilot, departure and landing points,
routing, time enroute, and the number of persons on board. 14 CFR
91.169. The FAA incorporates this information (filtered to exclude
military and sensitive operations) into a visual system (Aircraft
Situation Display) depicting each aircraft and uses it to manage air
traffic flow.
The FAA has entered into an MOA with Direct Subscribers to the ASDI
and NASSI data-feed. The terms of the MOA also extend to Indirect
Subscribers that access the data from the Direct Subscribers and
redistribute it to the public. The MOA prescribes the rights and
responsibilities of the Subscribers and the FAA. The FAA differentiates
the data-feed it provides directly into two classes of users. For Class
One users, the FAA provides a near real time data-feed, because the
data facilitates aircraft dispatching flexibility and management of
user operational resources. Class One users include airlines (including
some corporate flight departments and part 135 operators with direct
responsibility for dispatching or tracking aircraft), professional
aviation organizations with established flight-tracking capabilities,
and government users. For Class Two users, the FAA provides a data-feed
that has been time-delayed by at least five minutes to entities without
a need for near real time positional flight tracking. Class Two users
gaining direct access to recorded (historical) format include most
general aviation and non-aviation-related organizations.
Under 49 U.S.C. 44103, note (Pub. L. 106-181, Apr. 5, 2000),
Congress directed the FAA to conform the MOA to require that a Direct
Subscriber demonstrate the capability to selectively block the display
of any data related to any identified aircraft registration number and
that the Direct Subscriber agree to selective blocking upon the
Administrator's request. Section 7.2.3 of the MOA conforms to that
statutory requirement.
Section 9 of the MOA currently provides a means to protect the
``Privacy and Security Interests'' of general aviation operators. The
FAA currently agrees to accommodate industry initiatives to collect
requests from aircraft owners or operators to exclude their aircraft
from ASDI and NASSI data-feeds available to the public, either in near
real time or in recorded (historical) format. Under Section 9, the FAA
accommodates those initiatives for purposes of protecting the privacy
and security interests of those aircraft owners. The MOA also requires
Direct Subscribers and Indirect Subscribers (through the agreements
signed with Direct Subscribers) to respect these privacy and security
interests when developing or marketing ASDI or NASSI-based products.
Under Section 15, the FAA has the right to terminate the MOA with a
Subscriber that does not appropriately protect the security or privacy
interests.
We have tentatively determined that it is in the best interests of
the United States Government and the general public for the FAA to
exclude general aviation aircraft identification numbers from ASDI and
NASSI data-feeds available to the public only upon certification by the
aircraft owner or operator of a Valid Security Concern (as defined
below).
Although the MOA currently provides for the accommodation of
privacy and security interests from general aviation aircraft owners
and operators upon request and requires the Direct and Indirect
Subscribers to consider and respect these interests, as explained in
Section 9 of the MOA, the Privacy Act (5 U.S.C. 552a) does not protect
general aviation operators from public knowledge of their flight
information. A Federal district court has recently held that a list of
general aviation aircraft registration numbers does not constitute a
trade secret or commercial or financial information under the Freedom
of Information Act, 5 U.S.C. 552. Nat'l Bus. Aviation Ass'n v. Fed.
Aviation Admin., 686 F.Supp.2d 80, 86-87 (D.D.C. 2010). Releasing
registration numbers associated with visual displays of flights would
not reveal either the identity of the passengers on the aircraft or the
purpose of the flight. Accordingly, we do not believe that it is in the
public interest to withhold from public disclosure information that is
not protected by the Privacy Act and other laws.
We recognize that some general aviation aircraft owners or
operators may have a Valid Security Concern (as defined below)
regarding their aircraft or aircraft passengers and seek to have the
aircraft registration numbers of their aircraft blocked from the public
ASDI and NASSI data-feeds. To have the FAA block a general aviation
aircraft registration number, an aircraft owner or operator must
provide the FAA, at least annually, a written certification (a
``Certified Security Concern'') that: a) the facts and circumstances
establish a Valid Security Concern regarding the security of the
owner's or operator's aircraft or aircraft passengers; or b) the
general aviation aircraft owner or operator satisfies the requirements
for a bona fide business-oriented security concern under Treasury
Regulation 1.132-5(m), ``Employer-provided transportation for security
concerns,'' 26 CFR 1.132-5(m).
A Valid Security Concern is a verifiable threat to person, property
or company, including a threat of death, kidnapping or serious bodily
harm against an individual, a recent history of violent terrorist
activity in the geographic area in which the transportation is
provided, or a threat against a company. As with the Treasury
Regulations, a generalized concern about safety is not enough to
establish a Valid Security Concern. We note that Treasury Regulation
1.132-5(m) covers ``working condition fringes'' and provides for the
exclusion from income of certain employer-provided transportation,
including ``flights on employer's aircraft for business and personal
reasons.'' The Internal Revenue Service (IRS) permits the exclusion
when the flights meet a ``bona fide business-oriented security
concern'' that requires an employee to travel on a company plane for
business and personal trips. Under the regulation, the employer must
have a specific basis for a security concern and establish that concern
to the satisfaction of the IRS, through an independent security study
or an overall security program. Providing ASDI and NASSI data-feed
protection to those general aviation aircraft owners or operators that
have bona fide business-oriented security concerns under the Treasury
Regulations is clear, easy to follow, and justifiable.
Direct and Indirect Subscribers would be prohibited from
distributing in a visual display, either in near real time or in
recorded (historical) format, information regarding aircraft for which
a Certified Security Concern has been
[[Page 12211]]
provided to the FAA, and Direct and Indirect Subscribers would be
prohibited from using such information in developing or marketing ASDI-
or NASSI-based products. Under the operative statutory provision, 49
U.S.C. 44103 note, the FAA has the discretion to determine whether
aircraft registration numbers should be blocked, and we do not believe
that protecting aircraft identities from publicly available access is
always in the best interests of the United States Government and the
general public.
Accordingly, we seek comment on modifying Section 9 of the MOA as
follows:
9. Security Interests
The ASDI and NASSI data includes the near real time position and
other flight data associated with civil instrument flight rules
(IFR) aircraft. While commercial operators conduct business
according to a published listing of service and schedule, general
aviation operators do not. It is possible that public knowledge of
the ASDI and NASSI data of certain general aviation operators could
compromise the security of individuals or property. General aviation
aircraft identification numbers must be excluded from public ASDI
and NASSI data-feeds in the event a general aviation aircraft owner
or operator provides the FAA, at least annually, a written
certification (a ``Certified Security Concern'') that a) the facts
and circumstances establish a Valid Security Concern regarding the
security of the owner's or operator's aircraft or aircraft
passengers; or b) the general aviation aircraft owner or operator
satisfies the requirements for a bona fide business-oriented
security concern under Treasury Regulation 1.132-5(m), ``Employer-
provided transportation for security concerns,'' 26 CFR Sec. 1.132-
5(m). A Valid Security Concern is a verifiable threat to person,
property or company, including a threat of death, kidnapping or
serious bodily harm against an individual, a recent history of
violent terrorist activity in the geographic area in which the
transportation is provided, or a threat against a company. The FAA
will no longer accommodate any ASDI- or NASSI-related security or
privacy requests, except such Certified Security Concerns. All
Direct Subscribers (as a condition of signing this MOA) and Indirect
Subscribers (as a condition of signing agreements with Direct
Subscribers) must block any general aviation aircraft registration
numbers for which Certified Security Concerns have been provided to
the FAA. If the FAA determines that any Direct or Indirect
Subscriber develops or markets products that violate this provision,
the FAA's rights under Section 15 shall apply.
Issued in Washington, DC, on March 1, 2011.
Marc L. Warren,
Deputy Chief Counsel.
[FR Doc. 2011-4955 Filed 3-3-11; 8:45 am]
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