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49 U.S.C. § 44735Limitation on disclosure of safety information

submitted 14 years ago by Pub. L. 112-95 to r/title-49-TRANSPORTATION · 415 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FAA usually cannot release certain safety reports to the public. This includes voluntary reports and data used for safety management systems. The rule doesn't apply once the information has had identifying details removed.

(a) In General. Except as described in (c), the FAA Administrator usually can't release certain reports, data, or other safety information to the public under the Freedom of Information Act exemption in 5 U.S.C. § 552(b)(3)(B). This protection applies in three cases: (1) the information was given to the FAA voluntarily, and no other law required it to be submitted; (2) the information was submitted under section 102(e) of the Aircraft Certification, Safety, and Accountability Act; or (3) the information was submitted to help develop or run a safety management system, including one required by regulation. (b) Applicability. The protection in (a) covers five kinds of information: (1) data from the Aviation Safety Action Program; (2) data from the Flight Operational Quality Assurance Program; (3) data from the Line Operations Safety Audit Program; (4) data collected to build or run a safety management system accepted by the Administrator; and (5) reports, analyses, and special studies based on any of the above, including work done under the Aviation Safety Information Analysis and Sharing Program or any program that replaces it. (c) Exception for De-identified Information. (1) The protection in (a) does not apply once the information has been "de-identified." (2) "De-identified" means all information likely to reveal who submitted the report has been taken out. (d) Other Agencies. (1) If another federal agency's head receives this protected information from the FAA Administrator, that agency must follow the same disclosure limit. (2) Rule of construction: this section does not cut back the National Transportation Safety Board's power to investigate accidents and incidents under chapter 11, including the rule that voluntarily given safety information must not be disclosed under section 1114.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

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)Applicability.—

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)Exception for De-identified Information.—
(1)In general.—

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)De-identified defined.—

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)Other Agencies.—
(1)In general.—

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)Rule of construction.—

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.

Source credit: (Added Pub. L. 112–95, title III, § 310(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 116–260, div. V, title I, § 102(g), Dec. 27, 2020, 134 Stat. 2311; Pub. L. 118–63, title III, § 305, May 16, 2024, 138 Stat. 1071.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-95 · 126 Stat. 64
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2311
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1071

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-95 on 2012-02-14.

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