C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER K—ADMINISTRATIVE REGULATIONS › PART 193—PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION

14 C.F.R. § 193.9

Will the FAA ever disclose information that is designated as protected under this part?

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The FAA discloses information that is designated as protected under this part when withholding it would not be consistent with the FAA's safety and security responsibilities, as follows:

(a) Disclosure in all programs. (1) The FAA may disclose de-identified, summarized information submitted under this part to explain the need for changes in policies and regulations. An example is the FAA publishing a notice of proposed rulemaking based on your information, and including a de-identified, summarized version of your information (and the information from other persons, if applicable) to explain the need for the notice of proposed rulemaking.

(2) The FAA may disclose information provided under this part to correct a condition that compromises safety or security, if that condition continues uncorrected.

(3) The FAA may disclose information provided under this part to carry out a criminal investigation or prosecution.

(4) The FAA may disclose information provided under this part to comply with 49 U.S.C. 44905, regarding information about threats to civil aviation.

(b) Additional disclosures. For each program, the FAA may find that there are additional circumstances under which withholding information provided under this part would not be consistent with the FAA's safety and security responsibilities. Those circumstances are described in the designation for that program.

Notes of Decisions
Cited in 2 cases, 2005–2008 · leading case: Vinton v. Adam Aircraft Indus., Inc., 232 F.R.D. 650 (D. Colo. 2005).
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Vinton v. Adam Aircraft Indus., Inc., 232 F.R.D. 650 (D. Colo. 2005). “14 C.F.R. § 193.9 discusses other situations in which the FAA may disclose information.”
In Re Air Crash at Lexington, Kentucky, August 27, 2006, 545 F. Supp. 2d 618 (E.D. Ky. 2008). “” 14 C.F.R. §§ 193.9 ,193.7(f). Providing reports to the Plaintiffs under the protection of a confidentiality order is not a release to the “general public.”
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