§47124a — Title 49 Transportation | U.S. Code

Summary

The FAA must give a pilot access to air traffic records used in an investigation if the pilot asks for them in writing. If the FAA does not have the record, it must ask the contract tower or other contractor that does and have that contractor turn the record over. If the FAA used a record as evidence in a Notice of Proposed Certificate Action and the pilot asked for the record, the FAA must quickly provide the record and give the pilot more time to answer until the record is given. The Administrator must make rules or guidance to enforce this within 180 days after the Fairness for Pilots Act is enacted. Any new or renewed FAA contract after that date must require contractors to follow these rules; current contracts only change if they are renegotiated, renewed, or modified. The Administrator may withhold information only if allowed under 5 U.S.C. 552a or if the information came from a voluntary safety reporting program covered by 49 U.S.C. 40123. Administration: the Federal Aviation Administration. Administrator: the Administrator of the Federal Aviation Administration. Applicable individual: a person who is the subject of an FAA investigation about a covered flight record. Contract tower: an air traffic control tower run under contract with the FAA. Covered flight record: air traffic data created, kept, or controlled by FAA programs, including work by contract towers, flight service stations, or training programs.

Title 49, §47124a

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(a)In this section:

(1)The term “Administration” means the Federal Aviation Administration.

(2)The term “Administrator” means the Administrator of the Federal Aviation Administration.

(3)The term “applicable individual” means an individual who is the subject of an investigation initiated by the Administrator related to a covered flight record.

(4)The term “contract tower” means an air traffic control tower providing air traffic control services pursuant to a contract with the Administration under section 47124.

(5)The term “covered flight record” means any air traffic data (as defined in section 2(b)(4)(B) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note)), created, maintained, or controlled by any program of the Administration, including any program of the Administration carried out by employees or contractors of the Administration, such as contract towers, flight service stations, and controller training programs.

(b)(1)Whenever the Administration receives a written request for a covered flight record from an applicable individual and the covered flight record is not in the possession of the Administration, the Administrator shall request the covered flight record from the contract tower or other contractor of the Administration in possession of the covered flight record.

(2)Any covered flight record created, maintained, or controlled by a contract tower or another contractor of the Administration that maintains covered flight records shall be provided to the Administration if the Administration requests the record pursuant to paragraph (1).

(3)If the Administrator has issued, or subsequently issues, a Notice of Proposed Certificate Action relying on evidence contained in the covered flight record and the individual who is the subject of an investigation has requested the record, the Administrator shall promptly produce the record and extend the time the individual has to respond to the Notice of Proposed Certificate Action until the covered flight record is provided.

(c)(1)Not later than 180 days after the date of enactment of the Fairness for Pilots Act, the Administrator shall promulgate regulations or guidance to ensure compliance with this section.

(2)(A)Compliance with this section by a contract tower or other contractor of the Administration that maintains covered flight records shall be included as a material term in any contract between the Administration and the contract tower or contractor entered into or renewed on or after the date of enactment of the Fairness for Pilots Act.

(B)Subparagraph (A) shall not apply to any contract or agreement in effect on the date of enactment of the Fairness for Pilots Act unless the contract or agreement is renegotiated, renewed, or modified after that date.

(d)The Administrator of the Federal Aviation Administration may withhold information that would otherwise be required to be made available under section 11 So in original. Probably should be “this section”. only if—

(1)the Administrator determines, based on information in the possession of the Administrator, that the Administrator may withhold the information in accordance with section 552a of title 5, United States Code; or

(2)the information is submitted pursuant to a voluntary safety reporting program covered by section 40123 of title 49, United States Code.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 2 of the Pilot’s Bill of Rights, referred to in subsec. (a)(5), is section 2 of Pub. L. 112–153, which is set out as a note under section 44703 of this title. The date of enactment of the Fairness for Pilots Act, referred to in subsec. (c), is the date of enactment of subtitle C of title III of div. B of Pub. L. 115–254, which was approved Oct. 5, 2018.

§47124a Accessibility of certain flight data

Summary

Title 49, §47124a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata