Section 193.5

14 CFR Ch. I (1-1-19 Edition)

(3) The governments of the territories or possessions of the United
States;
(4) The government of the District of
Columbia;
(5) Court martial and military commissions.
De-identified means that the identity
of the source of the information, and
the names of persons have been removed from the information.
Disclose means to release information
to a person other than another agency.
Examples are disclosures under the
Freedom of Information Act (5 U.S.C.
552), in rulemaking proceedings, in a
press release, or to a party to a legal
action.
Information includes data, reports,
source, and other information.  - Information -  may be used to describe the
whole or a portion of a submission of
information.
Summarized means that individual incidents are not specifically described,
but are presented in statistical or
other general form.
Voluntary means that the information was not required to be submitted
as part of a mandatory program, and
was not submitted as a condition of
doing business with the government.
 - Voluntarily-provided
information - 
does not include information submitted
as part of complying with statutory,
regulatory, or contractual requirements, except that information submitted as part of complying with a voluntary program under this part is considered to be voluntarily provided.
Section 193.5 How may I submit safety or security information and have it protected from disclosure?
(a) You may do so under a program
under this part. The program may be
developed based on your proposal, a
proposal from another person, or a proposal developed by the FAA.
(b) You may be any person, including
an individual, a company, or an organization.
(c) You may propose to develop a program under this part using either the
notice procedure in Section 193.11 or the nonotice procedure in Section 193.13.
(d) If the FAA decides to protect the
information that you propose to submit it issues an order designating the

information as protected under this
part.
(e) The FAA only issues an order designating information as protected if
the FAA makes the findings in Section 193.7.
(f) The designation may be for a program in which all similar persons may
participate, or for a program in which
only you submit information.
(g) Even if you receive protection
from disclosure under this part, this
part does not establish the extent to
which the FAA may or may not use the
information to take enforcement action. Limits on enforcement action applicable to a program under this part
will be in another policy or rule.
Section 193.7 What does it mean for the FAA
to designate information as protected?
(a) General. When the FAA issues an
order designating information as protected under this part, the FAA does
not disclose the information except as
provided in this part.
(b) What findings does the FAA make
before designating information as protected? The FAA designates information as protected under this part when
the FAA finds that - 
(1) The information is provided voluntarily;
(2) The information is safety or security related;
(3) The disclosure of the information
would inhibit the voluntary provision
of that type of information;
(4) The receipt of that type of information aids in fulfilling the FAA-s
safety and security responsibilities;
and
(5) Withholding such information
from
disclosure,
under
the
circumstances provided in this part, will
be consistent with the FAA-s safety
and security responsibilities.
(c) How will the FAA handle requests
for information under the Freedom of Information Act (FOIA)? The FAA does
not disclose information that is designated as protected under this part in
response to a FOIA request.
(d) What if the FAA obtains from another source the same information I submit? Only information received under a
program under this part is protected
from disclosure under this part. Information obtained by the FAA through

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