{"identifier":"/us/usc/t49/s47124a","title":49,"num":"\u00a7\u202f47124a.","heading":"Accessibility of certain flight data","text":"\u00a7\u202f47124a.\nAccessibility of certain flight data\n(a)\nDefinitions.\u2014\nIn this section:\n(1)\nAdministration.\u2014\nThe term \u201cAdministration\u201d means the Federal Aviation Administration.\n(2)\nAdministrator.\u2014\nThe term \u201cAdministrator\u201d means the Administrator of the Federal Aviation Administration.\n(3)\nApplicable individual.\u2014\nThe term \u201capplicable individual\u201d means an individual who is the subject of an investigation initiated by the Administrator related to a covered flight record.\n(4)\nContract tower.\u2014\nThe term \u201ccontract tower\u201d means an air traffic control tower providing air traffic control services pursuant to a contract with the Administration under section 47124.\n(5)\nCovered flight record.\u2014\nThe term \u201ccovered flight record\u201d means any air traffic data (as defined in section 2(b)(4)(B) of the Pilot\u2019s Bill of Rights (\n49 U.S.C. 44703\n(b)\nProvision of Covered Flight Record to Administration.\u2014\n(1)\nRequests.\u2014\nWhenever 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.\n(2)\nProvision of records.\u2014\nAny 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).\n(3)\nNotice of proposed certificate action.\u2014\nIf 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.\n(c)\nImplementation.\u2014\n(1)\nIn general.\u2014\nNot 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.\n(2)\nCompliance by contractors.\u2014\n(A)\nIn general.\u2014\nCompliance 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.\n(B)\nNonapplicability.\u2014\nSubparagraph (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.\n(d)\nProtection of Certain Data.\u2014\nThe Administrator of the Federal Aviation Administration may withhold information that would otherwise be required to be made available under section\n(1) the Administrator determines, based on information in the possession of the Administrator, that the Administrator may withhold the information in accordance with\nsection 552a of title 5\n(2) the information is submitted pursuant to a voluntary safety reporting program covered by\nsection 40123 of title 49","url":"https://projectusc.org/usc/t49/s47124a.html","content":[{"t":"sec","id":"/us/usc/t49/s47124a","children":[{"t":"num","text":"\u00a7\u202f47124a."},{"t":"heading","text":"Accessibility of certain flight data"},{"t":"subsec","id":"/us/usc/t49/s47124a/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t49/s47124a/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Administration.\u2014"},{"t":"content","text":"The term \u201cAdministration\u201d means the Federal Aviation Administration.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s47124a/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Administrator.\u2014"},{"t":"content","text":"The term \u201cAdministrator\u201d means the Administrator of the Federal Aviation Administration.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s47124a/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Applicable individual.\u2014"},{"t":"content","text":"The term \u201capplicable individual\u201d means an individual who is the subject of an investigation initiated by the Administrator related to a covered flight record.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s47124a/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Contract tower.\u2014"},{"t":"content","text":"The term \u201ccontract tower\u201d means an air traffic control tower providing air traffic control services pursuant to a contract with the Administration under section 47124.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s47124a/a/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Covered flight record.\u2014"},{"t":"content","text":"The term \u201ccovered flight record\u201d means any air traffic data (as defined in section 2(b)(4)(B) of the Pilot\u2019s Bill of Rights (","children":[{"t":"ref","text":"49 U.S.C. 44703","href":"/us/usc/t49/s44703","tail":" 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s47124a/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Provision of Covered Flight Record to Administration.\u2014"},{"t":"para","id":"/us/usc/t49/s47124a/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Requests.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s47124a/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Provision of records.\u2014"},{"t":"content","text":"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).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s47124a/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Notice of proposed certificate action.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s47124a/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Implementation.\u2014"},{"t":"para","id":"/us/usc/t49/s47124a/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s47124a/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Compliance by contractors.\u2014"},{"t":"subpara","id":"/us/usc/t49/s47124a/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t49/s47124a/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Nonapplicability.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s47124a/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Protection of Certain Data.\u2014"},{"t":"chapeau","text":"The Administrator of the Federal Aviation Administration may withhold information that would otherwise be required to be made available under section\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cthis section\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cthis section\u201d.","tail":" only if\u2014"}]},{"t":"para","id":"/us/usc/t49/s47124a/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the Administrator determines, based on information in the possession of the Administrator, that the Administrator may withhold the information in accordance with ","children":[{"t":"ref","text":"section 552a of title 5","href":"/us/usc/t5/s552a","tail":", United States Code; or"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s47124a/d/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the information is submitted pursuant to a voluntary safety reporting program covered by ","children":[{"t":"ref","text":"section 40123 of title 49","href":"/us/usc/t49/s40123","tail":", United States Code."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}