Title 49TransportationRelease 119-73

§44735 Limitation on disclosure of safety information

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart iii— - safety › Chapter CHAPTER 447— - SAFETY REGULATION › § 44735

Last updated Apr 6, 2026|Official source

Summary

Prevents the FAA Administrator from releasing certain safety reports, data, or information to the public under section 552(b)(3)(B) of title 5, unless an exception applies. The rule covers items that are voluntarily sent to the FAA and not required by law, items sent under section 102(e) of the Aircraft Certification, Safety, and Accountability Act, and items given to help create or run a safety management system. It specifically covers reports from the Aviation Safety Action Program (ASAP), the Flight Operational Quality Assurance (FOQA) Program, the Line Operations Safety Audit (LOSA) Program, work on safety management systems, and analyses or studies based on those (including the Aviation Safety Information Analysis and Sharing Program or any successor). The protection ends if the information is de-identified, meaning all details likely to reveal who sent it are removed. The same protection applies to other Federal agency heads who receive the information from the FAA Administrator. It does not limit the National Transportation Safety Board’s accident investigation powers under chapter 11, including the rule about keeping voluntarily provided safety information confidential under section 1114.

Full Legal Text

Title 49, §44735

Transportation — Source: USLM XML via OLRC

(a)Except as provided by subsection (c), a report, data, or other information described in subsection (b) shall not be disclosed to the public by the Administrator of the Federal Aviation Administration pursuant to section 552(b)(3)(B) of title 5—
(1)if the report, data, or other information is submitted to the Federal Aviation Administration voluntarily and is not required to be submitted to the Administrator under any other provision of law;
(2)if the report, data, or other information is submitted to the Federal Aviation Administration pursuant to section 102(e) of the Aircraft Certification, Safety, and Accountability Act; or
(3)if the report, data, or other information is submitted for any purpose relating to the development and implementation of a safety management system, including a system required by regulation.
(b)The limitation established by subsection (a) shall apply to the following:
(1)Reports, data, or other information developed under the Aviation Safety Action Program.
(2)Reports, data, or other information produced or collected under the Flight Operational Quality Assurance Program.
(3)Reports, data, or other information developed under the Line Operations Safety Audit Program.
(4)Reports, data, or other information produced or collected for purposes of developing and implementing a safety management system acceptable to the Administrator.
(5)Reports, analyses, and directed studies, based in whole or in part on reports, data, or other information described in paragraphs (1) through (4), including those prepared under the Aviation Safety Information Analysis and Sharing Program (or any successor program).
(c)(1)The limitation established by subsection (a) shall not apply to a report, data, or other information if the information contained in the report, data, or other information has been de-identified.
(2)In this subsection, the term “de-identified” means the process by which all information that is likely to establish the identity of the specific persons or entities submitting reports, data, or other information is removed from the reports, data, or other information.
(d)(1)The limitation established under subsection (a) shall apply to the head of any other Federal agency who receives reports, data, or other information described in such subsection from the Administrator.
(2)This section shall not be construed to limit the accident or incident investigation authority of the National Transportation Safety Board under chapter 11, including the requirement to not disclose voluntarily provided safety-related information under section 1114.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 102(e) of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (a)(2), is section 102(e) of title I of Pub. L. 116–260, div. V, Dec. 27, 2020, 134 Stat. 2310, which is set out in a note under section 44701 of this title.

Amendments

2024—Subsec. (a)(3). Pub. L. 118–63, § 305(1), added par. (3). Subsec. (d). Pub. L. 118–63, § 305(2), added subsec. (d). 2020—Subsec. (a). Pub. L. 116–260 inserted “—” after “title 5”, designated remaining existing provisions as par. (1), and added par. (2).

Reference

Citations & Metadata

Citation

49 U.S.C. § 44735

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73