PRIA, Government Policy, Made Personal

Summary

The FAA must get and give flight data it controls from its contractors when a pilot under investigation asks for it. If the FAA does not already have the requested flight record, the FAA must ask the contract tower or other contractor that has it, and those contractors must provide the record to the FAA. If the FAA has sent a Notice of Proposed Certificate Action that uses that record and the pilot asked for the record, the FAA must quickly give the record and extend the pilot’s reply time until the record is provided. Definitions in one line each: Administration = Federal Aviation Administration; Administrator = head of the FAA; applicable individual = the person under investigation; contract tower = an air traffic tower under contract with the FAA; covered flight record = air traffic data as defined in the Pilot’s Bill of Rights (49 U.S.C. 44703 note). The FAA must create rules or guidance within 180 days after the Fairness for Pilots Act’s enactment. New or renewed contracts after that date must include contractor compliance; existing contracts do not have to change unless renegotiated, renewed, or modified. The FAA may withhold information only if allowed under 5 U.S.C. 552a or if the data came from a voluntary safety reporting program covered by 49 U.S.C. 40123.

Title 49, §47124a

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(a)Definitions.—

In this section: (1) Administration.—

(2)Administrator.— (3) Applicable individual.—

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

(4)Contract tower.—

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)Covered flight record.—

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)Provision of Covered Flight Record to Administration.—

(1)Requests.—

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)Provision of records.—

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)Notice of proposed certificate action.—

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)Implementation.—

(1)In general.—

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)Compliance by contractors.—

(A)In general.—

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)Nonapplicability.—

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)Protection of Certain Data.—

The Administrator of the Federal Aviation Administration may withhold information that would otherwise be required to be made available under 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