The FAA finalized an order Wednesday protecting certain voluntarily submitted aviation safety information from being publicly disclosed. The order, published Wednesday in the Federal Register, covers information provided through the U.S. Aviation Safety Team (USAST), a government-industry partnership that identifies safety risks across the National Airspace System. The designation follows a proposal issued in August 2025.
Information Covered
The protections extend to safety reports, risk assessments, meeting records and information about the implementation of recommended safety improvements. The USAST brings together aviation organizations and existing safety groups, including the General Aviation Joint Safety Committee, Commercial Aviation Safety Team, U.S. Helicopter Safety Team and Drone Safety Team. Information voluntarily submitted by non-FAA participants will generally be exempt from disclosure under the Freedom of Information Act.
“This offers the FAA a unique opportunity to work with the aviation industry to avoid incidents or accidents,” the agency stated in its notice.
The FAA said participants could be reluctant to share sensitive safety information if it might later become publicly available, limiting the agency’s ability to identify emerging hazards.
Limits on Disclosure Protections
Under the order, qualifying information may remain protected indefinitely. Still, the designation nonetheless excludes information involving possible criminal activity, intentional falsification, reckless conduct, substance abuse and certain other misconduct. The FAA may also release de-identified or aggregated information to explain regulatory changes or communicate safety findings to the aviation community.
The order applies more specifically to information shared through the USAST and its affiliated safety groups. It does not replace any other existing voluntary reporting system, including NASA’s Aviation Safety Reporting System.
I don’t see what is new here. This is only an order saying, obey 14 CFR 193, which has been around for over a decade. If we really want to improve safety and open up safety data for sharing, Congress need to pass a law (for all industries) that safety data is protected from litigation so long as a company performs due diligence on the hazards identified in the data to reduce risk. If a company sits on data and does not assess its risk or mitigate unacceptable risk, then the information can be used in a court of law.
There is a law to prevent public disclosure of cockpit voice recordings that go to the NTSB. Somehow a court ordered disclosure anyway of the recordings of the Lexington KY crash where the plane departed on the wrong runway, even though those were supposed to be for NTSB use only. Any law requiring confidentiality can be worked around by judges. People won’t disclose safety issues if they think they will be dragged into a lawsuit, just like companies not making improvements if it exposes them to liability lawsuits.
“Still, the designation nonetheless excludes information involving possible criminal activity, intentional falsification, reckless conduct, substance abuse and certain other misconduct.”
The ASAP program also has what is known internally, in the Voluntary Safety Program, as the “Big 5” exclusions for not accepting a report.
Airmen should be entitled to anonymity to encourage reporting of safety issues. All other’s, such as VDRP and USAST, dilute the safety risk management principles.