Freedom of Information Act (FOIA)

FAA Order JO 8020.16, Air Traffic Organization Aircraft Accident and Aircraft Incident Notification, Investigation, and Reporting, contains information on Formal Accident File/Package Data Collection, to include certification requirements. FOIA requests for ATC voice recordings will be answered by the applicable Service Center FOIA office. Accordingly, air traffic control facilities will, when notified by the Service Center FOIA office, gather and forward the requested records to that office as instructed.

Facility ATMs must ensure a copy is made of all portions of the ATC voice recording provided to the requesting party. This copy must be retained in the facility in accordance with the appropriate records retention criteria; e.g., accidents or incidents. Prior to destroying any record, contact the Service Center FOIA Office to determine how long the record must be retained for FOIA purposes.

FOIA requests for radar and/or computer data will be answered by the applicable Service Center FOIA office. Accordingly, air traffic control facilities will, when notified by the Service Center FOIA office, gather and forward the requested records to that office as instructed. The facilities will provide data in its native format in an electronic file copied onto CD/DVD or USB flash drive.

If the FOIA request seeks a video replay or plot of that radar data, the facility is not obligated by FOIA to create such records. However, if a video replay or radar plot existed before the FOIA request was received by the agency, then it would be responsive to the request and must be forwarded to the Service Center FOIA office. If needed, attach a disclaimer/statement in keeping with policy guidance provided in FAA Order JO 8020.16, paragraph 73, Radar and Computer Data.

49 U.S.C. § 552, as amended, and 49 CFR § 7.42 part 7, allow FAA to charge certain fees when processing FOIA requests. FAA can charge for:

Time spent searching, either manually or electronically, for responsive records;

Time spent reviewing those records for possible redactions; and

Cost of duplication on paper, CD/DVD or USB flash drive.

For FOIA requests which seek audio and radar/computer files:

Search time consists of the time, in quarter hour increments, it takes to locate, retrieve, and save the file(s);

Review time consists of the time, in quarter hour increments, it takes to review the responsive records for possible redactions and apply them accordingly; and

Search, review, and duplication fees will be calculated by the Service Center FOIA Office in accordance with DOT regulations.