Proposed Change to FAA Industry Information Access Agreement

HAI encourages its members to file comments. The FAA has proposed modifications of the memorandum of agreement (MOA) for Industry Access to Aircraft Situation Display (ASDI) and National Airspace System Status Information (NASSI) data. The proposal would prohibit direct and indirect subscribers from publicizing the registration number of any general aviation aircraft for which the FAA has received a certified security concern. 

The FAA has reached the tentative conclusion that it is in the best interests of the U.S. government and the general public to publish general aviation aircraft identification numbers on ASDI and NASSI data feeds unless the aircraft owner of operator provides certification of a valid security concern. The FAA notes that the Privacy Act does not allow for general aviation operators to keep their flight information from the public.

The written certified security concern must be provided to the FAA at least annually and provide the facts and circumstances creating a valid security concern for the owner’s or operator’s aircraft or the passengers of the aircraft. Another option is for a general aviation aircraft owner or operator to meet the requirements for a bona fide business-oriented security concern under Treasury Regulation 1.132-5(m). “Valid security concern” is defined in the Federal Register Notice.

Comments on the proposed change must be received no later than April 4, and must clearly identify the docket number (FAA-2011-0183).