Document
14 CFR Ch. I (1–1–26 Edition) § 189.5 (1) Flight regularity messages— (viii) Crew assignments and similar operations personnel matters taking (i) Addressed to the point of intended effect within 7 days; landing and to not more than two other (ix) Post flight reports for record pur- addressees in the general area of the poses; route segment of the flight to which (x) Publicity and special handling re- the message refers, containing infor- garding dignitaries; or mation required for weight and balance (xi) Reservations, when originated by computation and remarks essential to aircraft operating agencies to secure the rapid unloading of the aircraft; space required in transport aircraft.
(ii) Concerning changes, taking effect within 72 hours, in aircraft operating § 189.5 Limitation of liability.
schedules; The United States is not liable for (iii) Concerning the servicing of air- any omission, error, or delay in trans- craft en route or scheduled to depart mitting or relaying, or for any failure within 48 hours; to transmit or relay, any message ac- (iv) Concerning changes in the collec- cepted for transmission or relayed tive requirements for passengers, crew, under this part, even if the omission, or cargo of aircraft en route or about error, delay, or failure to transmit or to depart, if the changes are caused by relay is caused by the negligence of an unavoidable deviations from normal employee of the United States.
operating schedules and are necessary for flight regularity; PART 193—PROTECTION OF VOL- (v) Concerning non-routine landings to be made by aircraft en route or UNTARILY SUBMITTED INFORMA- about to depart; TION (vi) Concerning parts or materials ur- gently needed to operate aircraft en Sec.
193.1 What does this part cover?
route or scheduled to depart within 48 193.3 Definitions.
hours; or 193.5 How may I submit safety or security (vii) Concerning pre-flight arrange- information and have it protected from ment of air navigation services and, in disclosure?
the case of non-scheduled or irregular 193.7 What does it mean for the FAA to des- operations, operational servicing of ignate information as protected?
aircraft scheduled to depart within 48 193.9 Will the FAA ever disclose informa- tion that is designated as protected hours.
under this part?
(2) Messages originated by and ad- 193.11 What is the notice procedure?
dressed to aircraft operating agencies 193.13 What is the no-notice procedure?
or their representatives that directly 193.15 What FAA officials exercise the au- bear on the efficient and economic con- thority of the Administrator under this duct or day to day operations, if ade- part?
quate non-United States communica- 193.17 How must design and production ap- proval holders handle information they tions facilities are not available and receive from the FAA under this part?
the messages concern— (i) Matter described in paragraph UTHORITY : 49 U.S.C. 106(g), 40113, 40123.
A (b)(1) of this section, but not meeting S OURCE : 66 FR 33805, June 25, 2001, unless the time limitations described in para- otherwise noted.
graph (b)(1) of this section; § 193.1 What does this part cover?
(ii) Aircraft parts, equipment, or sup- plies, air navigation or communica- This part describes when and how the tions, or essential ground facilities; FAA protects from disclosure safety (iii) Train or hotel reservations for and security information that you sub- passengers or employees; mit voluntarily to the FAA. This part (iv) Lost baggage or personal effects; carries out 49 U.S.C. 40123, protection (v) Tickets or cargo shipments and of voluntarily submitted information.
payment therefore; § 193.3 Definitions.
(vi) Location of passengers and cargo; (vii) New or revised passenger or Agency means each authority of the cargo rates; Government of the United States, VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00922 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 193.7 whether or not the agency is within or notice procedure in § 193.11 or the no- subject to review by another agency, notice procedure in § 193.13.
but does not include— (d) If the FAA decides to protect the (1) The Congress; information that you propose to sub- (2) The courts of the United States; mit it issues an order designating the (3) The governments of the terri- information as protected under this tories or possessions of the United part.
States; (e) The FAA only issues an order des- (4) The government of the District of ignating information as protected if Columbia; the FAA makes the findings in § 193.7.
(5) Court martial and military com- (f) The designation may be for a pro- missions.
gram in which all similar persons may De-identified means that the identity participate, or for a program in which of the source of the information, and only you submit information.
the names of persons have been re- (g) Even if you receive protection moved from the information.
from disclosure under this part, this Disclose means to release information part does not establish the extent to to a person other than another agency.
which the FAA may or may not use the Examples are disclosures under the information to take enforcement ac- Freedom of Information Act (5 U.S.C.
tion. Limits on enforcement action ap- 552), in rulemaking proceedings, in a plicable to a program under this part press release, or to a party to a legal will be in another policy or rule.
action.
Information includes data, reports, § 193.7 What does it mean for the FAA source, and other information. ‘‘Infor- to designate information as pro- tected?
mation’’ may be used to describe the whole or a portion of a submission of (a) General. When the FAA issues an information.
order designating information as pro- Summarized means that individual in- tected under this part, the FAA does cidents are not specifically described, not disclose the information except as but are presented in statistical or provided in this part.
other general form.
(b) What findings does the FAA make Voluntary means that the informa- before designating information as pro- tion was not required to be submitted tected? The FAA designates informa- as part of a mandatory program, and tion as protected under this part when was not submitted as a condition of the FAA finds that— doing business with the government.
(1) The information is provided vol- ‘‘Voluntarily-provided information’’ untarily; does not include information submitted (2) The information is safety or secu- as part of complying with statutory, rity related; regulatory, or contractual require- (3) The disclosure of the information ments, except that information sub- would inhibit the voluntary provision mitted as part of complying with a vol- of that type of information; untary program under this part is con- (4) The receipt of that type of infor- sidered to be voluntarily provided.
mation aids in fulfilling the FAA’s § 193.5 How may I submit safety or se- safety and security responsibilities; curity information and have it pro- and tected from disclosure?
(5) Withholding such information from disclosure, under the cir- (a) You may do so under a program cumstances provided in this part, will under this part. The program may be be consistent with the FAA’s safety developed based on your proposal, a and security responsibilities.
proposal from another person, or a pro- posal developed by the FAA. (c) How will the FAA handle requests (b) You may be any person, including for information under the Freedom of In- an individual, a company, or an organi- formation Act (FOIA)? The FAA does zation. not disclose information that is des- (c) You may propose to develop a pro- ignated as protected under this part in gram under this part using either the response to a FOIA request.
VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00923 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 193.9 (d) What if the FAA obtains from an- this part to explain the need for other source the same information I sub- changes in policies and regulations. An mit? Only information received under a example is the FAA publishing a notice program under this part is protected of proposed rulemaking based on your from disclosure under this part. Infor- information, and including a de-identi- mation obtained by the FAA through fied, summarized version of your infor- another means is not protected under mation (and the information from this part. other persons, if applicable) to explain (e) Sharing information with other the need for the notice of proposed agencies. The FAA may provide infor- rulemaking.
mation that you have submitted under (2) The FAA may disclose informa- this part to other agencies with safety tion provided under this part to correct or security responsibilities. The agen- a condition that compromises safety or cies are subject to the requirements of security, if that condition continues 49 U.S.C. 40123 regarding nondisclosure uncorrected.
of information. The FAA will give the (3) The FAA may disclose informa- information to another agency only if, tion provided under this part to carry for each such request, the other agency out a criminal investigation or pros- provides the FAA with adequate assur- ecution.
(4) The FAA may disclose informa- ance, in writing, that— tion provided under this part to comply (1) The agency has a safety or secu- with 49 U.S.C. 44905, regarding informa- rity need for the information, includ- tion about threats to civil aviation.
ing the general nature of the need.
(b) Additional disclosures. For each (2) The agency will protect the infor- program, the FAA may find that there mation from disclosure as required in are additional circumstances under 49 U.S.C. 40123, this part, and the des- which withholding information pro- ignation. This includes a commitment vided under this part would not be con- that the agency will mark the informa- sistent with the FAA’s safety and secu- tion as provided in the designation.
rity responsibilities. Those cir- (3) The agency will limit access to cumstances are described in the des- those with a need to know to carry out ignation for that program.
safety or security responsibilities.
(f) What if the FAA receives a subpoena § 193.11 What is the notice procedure?
for the information I submit? When the This section states the notice proce- FAA receives a subpoena for informa- dure for the FAA to designate informa- tion you have submitted under this tion as protected under this part. This part, the FAA contacts you to deter- procedure is used when there is not an mine whether you object to disclosure immediate safety or security need for of the information or you wish to par- the information. This procedure gen- ticipate in responding to the subpoena.
erally is used to specify a type of infor- If both you and the FAA determine mation that you and others like you that release of the information is ap- will provide on an on-going basis.
propriate, the information is released.
(a) Application. You may apply to Otherwise, the FAA will not release in- have information designated as pro- formation designated as protected tected under this part by submitting under this part unless ordered to do so an application addressed to the U.S.
by a court of competent jurisdiction.
Department of Transportation, Docket § 193.9 Will the FAA ever disclose in- Operations, West Building Ground formation that is designated as pro- Floor, Room W12–140, 1200 New Jersey tected under this part?
Avenue, SE., Washington, DC 20590 for The FAA discloses information that paper submissions, and the Federal is designated as protected under this Docket Management System (FDMS) part when withholding it would not be Web page at http://www.regulations.gov consistent with the FAA’s safety and for electronic submissions. Your appli- security responsibilities, as follows: cation must include the designation de- (a) Disclosure in all programs. (1) The scribed in paragraph (c) of this section FAA may disclose de-identified, sum- that you want the FAA to issue. You marized information submitted under should not include in your application VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00924 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 193.13 any information that you do not want the procedures in paragraphs (a), (b), available to the public. The FAA may and (c) of this section.
issue a proposed designation based on (e) Withdrawal of designation. The the application or may deny your ap- FAA may withdraw a designation under this section at any time the FAA plication.
finds that continuation of the designa- (b) Proposed designation. Before tion does not meet the elements of issuing a designation under this sec- § 193.7, or if the requirements of the tion, based either on your application designation are not met. The FAA or the FAA’s own initiative, the FAA withdraws the designation by pub- publishes a proposed designation in the lishing a notice in the F EDERAL R EG- F EDERAL R EGISTER and requests com- ISTER . The withdrawal is effective on ment.
the date of publication or such later (c) Designation. The FAA designates date as the notice may state. Informa- information as protected under this tion provided during the time the pro- part if, after review of the comments, gram was designated remains protected the FAA makes the findings in § 193.7.
under this part and the program. Infor- The FAA publishes in the F EDERAL mation provided after the withdrawal R EGISTER an order designating the in- of the designation is effective is not formation provided under the program protected under this part or the pro- as protected under this part. The des- gram.
ignation includes the following: (1) A summary of why the FAA finds [66 FR 33805, June 25, 2001, as amended at 72 that you and others, if applicable, will FR 68475, Dec. 5, 2007] provide the information voluntarily.
§ 193.13 What is the no-notice proce- (2) A description of the type of infor- dure?
mation that you and others, if applica- ble, may voluntarily provide under the This section states the no-notice pro- program and a summary of why the cedure for the FAA to designate infor- FAA finds that the information is safe- mation as protected under this part.
ty or security related.
This procedure is used when there is an (3) A summary of why the FAA finds immediate safety or security need for that the disclosure of the information the information. This procedure gen- would inhibit you and others, if appli- erally is used for specific information cable, from voluntarily providing of that you will provide on a short-term that type of information.
basis.
(4) A summary of why the receipt of (a) Application. You may request that that type of information aids in ful- the FAA designate information you are filling the FAA’s safety and security offering as protected under this part.
responsibilities.
You must state your name, at least the (5) A summary of why withholding general nature of information, and such information from disclosure whether you will provide the informa- would be consistent with the FAA’s tion without the protection of this safety and security responsibilities, in- part. Your request may be verbal or cluding a statement as to the cir- writing.
cumstances under which, and a sum- (b) Designation. The FAA issues a mary of why, withholding such infor- written order designating information mation from disclosure would not be provided under this section as pro- consistent with the FAA’s safety and tected under this part. The FAA des- security responsibilities, as described ignates the information as protected in § 193.9.
under this part if the FAA— (6) A summary of how the FAA will (1) Makes the findings as § 193.7; and distinguish information protected (2) Finds that there is an immediate under this part from information the safety or security need to obtain the FAA receives from other sources. information without carrying out the (7) A summary of the significant procedures in § 193.11 of this part.
comments received and the FAA’s re- (c) Time limit. Except as provided in sponses. paragraphs (c)(1) and (c)(2) of this sec- (d) Amendment of designation. The tion, no designation under this section FAA may amend a designation using continues in effect for more than 60 VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00925 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 193.15 days after the date of designation. In- § 193.15 What FAA officials exercise formation provided during the time the the authority of the Administrator under this part?
designation was in effect remains pro- tected under this part. Information (a) The authority to issue proposed provided that the designation ceases to and final designations, to issue pro- be in effect is not protected under this posed and final amendments of des- part. The designation remains in effect ignations, and to withdraw designa- tions under this part, and to disclose for more than 60 days if— information that has been designated (1) The procedures to designate such as protected under this part, is dele- information under § 193.11(a) have been gated by the Administrator to Asso- initiated, or ciate Administrators and Assistant Ad- (2) There is an ongoing enforcement ministrators and to the Chief Counsel, or criminal investigation, in which their Deputies, and any individual for- case the designation may continue mally designated as Acting Associate until the investigation is completed.
or Assistant Administrator, Acting (d) Amendment of designation. The Chief Counsel, or Acting Deputy of FAA may amend a designation under such offices.
this section using the procedures in (b) The officials identified in para- paragraphs (a) and (b) of this section.
graph (a) of this section may further (e) Withdrawal of designation. The delegate the authority to issue pro- FAA may withdraw a designation posed designations and proposed under this section at any time the FAA amendments to designations.
finds that continuation does not meet § 193.17 How must design and produc- the elements of § 193.7, or if the require- tion approval holders handle infor- ments of the designation are not met.
mation they receive from the FAA The FAA withdraws the designation by under this part?
notifying the person in writing that (a) If the FAA discloses information the designation is withdrawn. The under § 193.9(a)(2) to the holders of de- withdrawal is effective on the date of sign approvals of production approvals receipt of the notice or such later date issued by the FAA, the approval holder as the notice may state. Information must disclose that information only to provided during the time the designa- persons who need to know the informa- tion was in effect remains protected tion to address the safety or security under this part. Information provided condition.
after the withdrawal is effective is not (b) Unless an emergency exists, be- protected under this part.
fore disclosing information to approval holders the FAA will contact the sub- mitter of the information.
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