ADS-B Out OFF Procedures and Rationales

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Respecting the ADS-B Out OFF procedure authorized in 14 CFR 91.225(f)(1) and described in JO 7110.65 "ADS-B Out OFF Operations" (e.g. 7110.65Z 5-2-27 and its predecessors), henceforth "ADS-B Out OFF operation(s)":

1. Any procedure, policy, guidance, communication, order, or document that describes the expected decision-making process or the factors for deciding whether to allow an ADS-B Out OFF operation;

2. Any rationale given for an ADS-B Out OFF operation in a request for such operation to the FAA, and communications pertaining to whether or not to approve such request;

3. Any procedure for assigning transponder codes (e.g. Mode 3/A codes, discrete or non-discrete) to aircraft operating pursuant to an approved ADS-B Out OFF operation;

4. Any instructions given to pilots of such aircraft respecting the operation of their ADS-B equipment and their transponder; and

5. Any summary or review documentation or communication retrospectively describing the request or approval process for ADS-B Out OFF operations, the number of such requests made, denied, or approved, or an impact or potential impact ADS-B Out OFF operations had on system safety, security, or efficiency.

I exclude from my request any document already available on ATPUBS (https://faa.gov/air_traffic/publications) such as JO 7110.65.

Without limitation of my request, I suggest that some responsive documents are in the possession of FAA System Operation Security (AJR-22) among other groups.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Falcon Darkstar Momot

Yes, 10 November is fine! Thanks.

I appreciate the update, thanks! I'm sure a lot of people are out, it's that time of year. Nov. 17 is fine.

Thank you for your assistance in locating the promulgation and rationale for the relevant regulation in the federal register.

However, my request, in particular item 2, pertains specifically to "any rationale given for an ADS-B Out OFF operation in a request for such operation to the FAA, and communications pertaining to whether or not to approve such request". I would like to reiterate and clarify my request for these records as the content of the FR excerpt you provided makes me certain that they exist and could be located if I request more specifically.

The FR says in part, of the rulemaking pertaining to 91.225(f)(1), that "this rulemaking allows the aircrew to disable ADS-B transmissions if the aircraft is performing a sensitive mission... and if transmitting could reasonably be expected to compromise... security..." and says that the FAA will "determine whether transmitting would compromise the operations security of the mission or pose a safety risk to the aircraft, crew, or people and property in the air or on the ground". It is this determination, along with artifacts of the mentioned "assessment that the operations can be accommodated without any negative impact on the safety and efficiency of the NAS", that is the subject matter of the request. I am additionally requesting requests for the FAA to make this determination and assessment in item 2 of my request. Item 1 of my request is for any documented process for making the aforementioned determination and assessment, in case the assessment is not made on an ad-hoc basis nor made solely with reference to the disclosed portions of the Federal Register.

The communications I requested in item 2 likely include emails to 9-ATOR-HQ-IFOS@faa.gov having the subject line "ADS-B Authorization under 14 CFR 91.225(f)(1)" and any replies and forwards of those emails. I understand it is possible that some of the material in those emails might be redacted, but that much of it is of a general nature given that it is a type of operation rather than a specific instance of flight operation being approved and therefore I believe my request does not itself jeopardize the security of those operations.

I appreciate your additional search for the responsive documents in the possession of the FAA and thank you for your time handling my inquiry.

Hello! I followed up on your disclosure on the 16th because I suspect there are additional documents within the scope of my request that were not included in your initial response, and have not heard back. Is it easier for the FAA to handle them within the scope of this request, or should I submit an entirely new request that includes my clarification?

Thank you for your time,

Hello!

Please let me know if this request is being processed, and whether there is an estimated timeframe for the FAA's response.

Thank you!