[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65886-65889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25922]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2019-0630]


Agency Information Collection Activities: Requests for Comments; 
Clearance of New Approval of Information Collection: Privacy 
International Civil Aviation Organization (ICAO) Address Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA 
invites public comments about our intention to request the Office of 
Management and Budget (OMB) approval for a new information collection. 
The Federal Register Notice with a 60-day comment period soliciting 
comments on the following collection of information was published on 
August 22, 2019. The collection involves an aircraft operator's request 
for a Privacy ICAO Address through a web-based application process. The 
collected information is necessary to qualify for the authorized use of 
the Privacy ICAO Address(es) and for monitoring

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airworthiness and enforcement activities.

DATES: Written comments should be submitted by December 30, 2019.

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, Office of Management and Budget. Comments should be 
addressed to the attention of the Desk Officer, Department of 
Transportation/FAA and sent via email to oira_submission@omb.eop.gov, 
or faxed to (202) 395-6974, or mailed to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Docket Library, 
Room 10102, 725 17th Street NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: For further questions concerning this 
action, contact Syed Tahmid by email at: syed.tahmid@faa.gov or phone 
at (202) 267-8784.

SUPPLEMENTARY INFORMATION: 
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including (a) whether the proposed 
collection of information is necessary for FAA's performance; (b) the 
accuracy of the estimated burden; (c) ways for FAA to enhance the 
quality, utility, and clarity of the information collection; and (d) 
ways that the burden could be minimized without reducing the quality of 
the collected information. The agency will summarize and/or include 
your comments in the request for OMB's clearance of this information 
collection.
    OMB Control Number: 2120-XXXX.
    Title: Privacy International Civil Aviation Organization (ICAO) 
Address Program.
    Form Numbers: Information is collected via a website specific to 
the Privacy International Civil Aviation Organization (ICAO) Address 
Program.
    Type of Review: New information collection.
    Background: The Federal Register Notice with a 60-day comment 
period soliciting comments on the following collection of information 
was published on August 22, 2019 (84 FR 43860). On May 28, 2010, the 
FAA issued the final rule, ``Automatic Dependent Surveillance-Broadcast 
(ADS-B) Out Performance Requirements to Support Air Traffic Control 
(ATC) Service'' (75 FR 30160). In the final rule, the FAA mandated 
equipage requirements and performance standards for ADS-B Out avionics 
on aircraft operating in most controlled airspace after January 1, 
2020. The regulation requires persons operating in the specified 
airspace to equip with ADS-B Out avionics that meet the requirements in 
14 CFR 91.225 and 91.227. Under Sec.  91.227(d)(11), an aircraft must 
broadcast the aircraft's assigned ICAO 24-bit address. Each registered 
aircraft is assigned an aircraft registration number which has a 
corresponding ICAO 24-bit aircraft address. The aircraft registration 
number and ICAO 24-bit aircraft address are also referred to as a 
``Mode S Code'' in some FAA documents and websites, including the FAA 
Aircraft Registry.
    Pursuant to Sec.  91.227, 1090-MHz Extended Squitter (1090ES) is 
required above Flight Level (FL) 180 and ICAO 24-bit aircraft addresses 
are used within the transponder standards to identify aircraft. The 
ICAO 24-bit aircraft address is openly broadcasted on the 1090-MHz 
frequency via the transponder and ADS-B messages, resulting in 
availability of aircraft identity to the public.
    Industry stakeholders have advocated that FAA develop a process to 
provide aircraft operators an option to be anonymous with their 
aircraft movements and identity. Stakeholders emphasized the importance 
of not being traced or seen by privately owned sensors that monitor the 
1090-MHz frequency along with other downlinked ADS-B and Mode S data 
being disseminated using the internet.
    FAA acknowledges the desire of some owners and operators to limit 
the availability of real-time ADS-B position and identification 
information for a specific aircraft. To address privacy concerns, the 
FAA has initiated the Privacy ICAO Address Program to improve the 
privacy of eligible aircraft. The Privacy ICAO Address Program will 
enable interested aircraft owners and operators to request an 
alternate, temporary ICAO Aircraft Address, which will not be assigned 
to another owner or operator in the Civil Aviation Registry. To 
participate in the program, each operator's aircraft must meet the 
following requirements:
     Qualify as a United States registered aircraft;
     Be equipped with 1090-MHz ADS-B avionics;
     Use a third-party call sign; and,
     Operate in domestic United States airspace.
    The Privacy ICAO Address Program will be available in two phases:
    Phase 1: During Phase 1, the FAA will implement an interim 
solution. The FAA will assign operate, monitor, and maintain all 
temporary ICAO 24-bit aircraft addresses. The FAA plans to have the 
Privacy ICAO Address Program application website, https://www.faa.gov/nextgen/equipadsb/privacy/, in place by January 1, 2020, to meet 
industry concerns, until Phase 2 is finalized.
    Phase 2: During Phase 2, a third-party service provider(s) will 
succeed FAA in the assignment, operation, monitoring, and maintenance 
of all temporary ICAO 24-bit aircraft addresses. The FAA will continue 
to have oversight of assignments. The Privacy ICAO Address Program, 
which will continue to be available from https://www.faa.gov/nextgen/equipadsb/privacy/.
    Participation in the Privacy ICAO Addresses Program is voluntary. 
However, the FAA must collect the operator's information in order to 
assign a Privacy ICAO Address(es). In order to receive a Privacy ICAO 
Address assignment, during either Phase 1 or Phase 2, the requestor 
will be required to submit the following information:
    1. Acknowledgement of the FAA notification of collection and 
management of personally identifiable information (PII) for the 
management of Privacy ICAO Address assignment and their use in the 
National Airspace System (NAS);
    2. Acknowledgement of the Privacy ICAO Address Rules of Use in the 
NAS;
    3. Valid aircraft registration (which includes a permanent ICAO 24-
bit aircraft address) for the aircraft that will be assigned the 
Privacy ICAO Address;
    4. Proof of authorization to use a third-party flight 
identification (Flight ID) along with the identity of the provider;
    5. Aircraft owner's contact information (phone number, email 
address, and business or home address);
    6. Aircraft owner's individual/company/organization information;
    7. Requester's contact information (phone number, email address, 
and business or home address);
    8. Validation that the aircraft's ADS-B emitter (avionics) 
performance is qualified for ADS-B operations (i.e., a completed Public 
ADS-B Performance Report (PAPR) within the past 180 days); and,
    9. Aircraft operator's justification for Freedom of Information Act 
(FOIA) exemption, if applicable.
    The FAA, during Phase 1 and Phase 2, will verify the information 
provided by the requester prior to the Privacy ICAO Address being 
assigned by the FAA or third-party provider to ensure that the aircraft 
does not have any open FAA enforcement actions. Any outstanding issues 
would preclude the use of Privacy ICAO Address(es) until the current 
action is resolved.
    Only U.S. registered aircraft can participate in the FAA's Privacy 
ICAO Address Program. Additionally, operators cannot use a Privacy ICAO

[[Page 65888]]

Address(es) for a U.S. registered aircraft, unless that operator is 
also using a third-party flight identification for that same aircraft. 
Only one unique Privacy ICAO Address will be assigned to a U.S. 
registered aircraft at any given time. Once approved, the aircraft 
owner or operator will be assigned a Privacy ICAO Address. An operator 
can change a Privacy ICAO Address for an aircraft, but no more often 
than once during:
    Phase 1: A 60-calendar day period from the previous Privacy ICAO 
Address assignment; and
    Phase 2: A 20-business day period from the previous Privacy ICAO 
Address assignment.
    Upon receiving the assigned temporary Privacy ICAO Address the 
requester has 30 calendar days to program the aircraft's ADS-B 
transponder to the assigned Privacy ICAO Address, fly in ADS-B coverage 
airspace, and complete the verification process via the website (e.g., 
PAPR). Once the FAA acknowledges that the verification process is 
complete and validates that the reprogrammed ADS-B transponder is 
emitting the correct Privacy ICAO Address, the requester will receive a 
final confirmation via email. However, if the requester does not submit 
a PAPR within 30 calendar days of the Privacy ICAO Address assignment, 
the assigned Privacy ICAO Address will be rescinded, and the requester 
will need to start the application process again. For more information 
on the Public ADS-B Performance Report (PAPR) see: https://adsbperformance.faa.gov/paprrequest.aspx.
    The FAA received six responses to FAA's Privacy ICAO Address 
Program's Federal Register Notice published on August 22, 2019 (84 FR 
43860). All six responses strongly supported FAA's effort to facilitate 
privacy for aircraft operators who have aircraft equipped with 1090ES 
(1090-MHz Extended Squitter Automatic Dependent Surveillance--Broadcast 
(ADS-B)).
    Of the six responses, two respondents provided comments for FAA's 
consideration:
    1. One commenter suggested that FAA allow operators to verify that 
the new temporary Privacy ICAO Address code is entered correctly 
without requiring a test flight as they are onerous and expensive.
    FAA's Response: FAA supports a cost efficient process to ensure 
operators participating in the Privacy ICAO Address Program have 
entered the temporary Privacy ICAO Address correctly without imposing 
onerous requirements for obtaining a PAPR. For the purpose of the 
Privacy ICAO Address Program, a flight in any ADS-B coverage airspace 
will suffice for the sake of a Privacy ICAO Address verification 
flight. Moreover, the verification flight does not need to be a 
dedicated flight. Aircraft owners may elect to complete the 
verification flight as part of any routine flight following the 
installation of a Privacy ICAO Address. If an operator(s) cannot 
perform a verification flight within 30 days of receiving a Privacy 
ICAO Address assignment, the operator(s) should contact the Privacy 
ICAO Address helpdesk at adsbprivacyicao@faa.gov. The FAA may grant an 
extension if additional time is needed for valid reasons.
    2. Two similar comments, from two separate respondents, suggested 
that FAA not make Privacy ICAO Address Program eligibility contingent 
on the aircraft owner or operator having a third-party call sign.
    FAA's Response: FAA continues to support the use of third-party 
Flight IDs (third-party call signs) as a critical component of the 
Privacy ICAO Address Program. The term ``aircraft call sign'' (Aircraft 
ID) means the radiotelephony call sign assigned to an aircraft for 
voice communications purposes. For general and business aviation 
aircraft, the aircraft call sign is normally associated with the 
aircraft registration number (tail number) and may be preset. Aircraft 
ID must match what is in the air traffic control flight plan. Mode S 
transponder functionality includes automatic transmission of aircraft 
call sign and Mode S 24-bit aircraft address(es). Both can be readily 
used with searching aircraft ownership information via FAA's Civil 
Aviation Registry (CAR). Without the use of third-party Flight IDs, the 
broadcasting of an aircraft call sign (i.e., N-number or aircraft 
registration number) would still expose aircraft in FAA's CAR and no 
longer make aircraft operations anonymous. FAA Privacy ICAO Addresses 
associated with temporary or alternate N-numbers associated with the 
CAR would also not be a suitable alternative because of operational 
safety concerns. The use of the temporary call sign through a third-
party call sign provider matched to a temporary Privacy ICAO 
Address(es) is a much better and more effective approach to the privacy 
issue.
    Third-party call signs are available from a ``Third-party Call Sign 
Provider'', a commercial service which has a security agreement with 
FAA. The aircraft operator is responsible for inputting the Privacy 
ICAO Address(es) and designated third-party Flight ID in avionics 
exactly as filed in the ICAO flight plan. The aircraft operator will 
not be permitted to change the Privacy ICAO Address or the third-party 
call sign in-flight.
    An aircraft operator may use the original aircraft's Flight ID 
(i.e., N-number or aircraft registration number) and permanent ICAO 
aircraft address originally assigned and recorded in the Civil Aviation 
Registry at any time for operations, including any time while having an 
active Privacy ICAO Address assignment. However, the FAA requires that 
the user submit documented validation that an ICAO code has been 
correctly installed into the aircraft's ADS-B avionics after each 
change. Use of the assigned ICAO aircraft address recorded in the CAR 
is required for all flights leaving U.S. sovereign airspace, and it may 
be used for any other flights at any time, as desired by the aircraft 
operator.
    For monitoring use of Privacy ICAO Addresses, the information 
supplied by the operator will be downloaded by the FAA and entered into 
the FAA's ADS-B Performance Monitor (82 FR 60302, December 20, 2017).
    The FAA is seeking comments from the public regarding the 
information that is collected for the Privacy ICAO Address program and 
its process. The information provided in this notice is solely to 
identify and collect information from the public on the potential 
burden to an individual that may result from this program.
    Respondents: Intended for operators who seek anonymous aircraft 
operations to avoid monitoring via open broadcast of aircraft data on 
1090-MHz frequency receivers. FAA estimates that up to 15,000 
respondents may utilize the Privacy ICAO Address Program.
    Frequency: Unless an operator seeks a new Privacy ICAO Address or 
terminates the use of its existing Privacy ICAO Address, an operator 
can continue to use the temporary Privacy ICAO Address assignment as 
long as desired. However, aircraft operators may request regular 
Privacy ICAO Address reassignments within the agreed timeframe.
    Estimated Average Burden per Response: Approximately 15 minutes per 
application.
    Estimated Total Annual Burden: Total estimate of burden hours for 
15,000 users (individual aircraft owners and operators) is 
approximately 12,562.5 hours. (this is an approximation based on some 
individual aircraft owners and operators requesting new Privacy ICAO 
Address(es) reassignments on a regular or semi-regular schedule; e.g., 
20-days, monthly, quarterly or semi-annually.)


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    Issued in Washington, DC.
David E. Gray,
Acting Deputy Director, Surveillance Services (AJM-4), Program 
Management Organization, Air Traffic Organization, Federal Aviation 
Administration.
[FR Doc. 2019-25922 Filed 11-27-19; 8:45 am]
 BILLING CODE 4910-13-P


