49 U.S.C. § 47124a — Accessibility of certain flight data
submitted 8 years ago by Pub. L. 115-254 to r/title-49-TRANSPORTATION · 561 words · no verdicts yet
This law makes sure pilots under investigation can get flight records held by FAA contractors. If the FAA does not have the record itself, it must ask the contractor for it. The FAA can withhold some records only under specific privacy or safety-reporting rules.
(a) Definitions. This section defines five terms. "Administration" means the Federal Aviation Administration. "Administrator" means the FAA's Administrator. An "applicable individual" is someone the Administrator is investigating in connection with a "covered flight record." A "contract tower" is an air traffic control tower operating under an FAA contract under section 47124. A "covered flight record" is air traffic data (as defined in the Pilot's Bill of Rights) that the FAA creates, keeps, or controls — including data held by FAA contractors like contract towers, flight service stations, or controller-training programs.
(b) Provision of Covered Flight Record to Administration.
(1) Requests. If someone under investigation asks in writing for a covered flight record, and the FAA doesn't have it, the Administrator must ask the contractor holding it.
(2) Provision of records. Any contractor holding a covered flight record must hand it over when the FAA asks under paragraph (1).
(3) Notice of proposed certificate action. If the FAA issues a "Notice of Proposed Certificate Action" (a step toward taking away a pilot's certificate) based on a covered flight record, and the pilot has asked for that record, the FAA must give it to them quickly — and give them extra time to respond to the notice until they get the record.
(c) Implementation.
(1) In general. Within 180 days of the Fairness for Pilots Act becoming law, the Administrator must write rules or guidance to make sure this section is followed.
(2) Compliance by contractors.
(A) In general. Any new or renewed contract with a contract tower or other record-holding contractor, signed on or after the Fairness for Pilots Act's enactment date, must require the contractor to follow this section.
(B) Nonapplicability. This requirement does not apply to a contract already in effect on that date, unless the contract is later renegotiated, renewed, or changed.
(d) Protection of Certain Data. The FAA Administrator may refuse to hand over a record this section would otherwise require only if: the Administrator decides, based on available facts, that federal privacy law (5 U.S.C. § 552a) allows withholding it; or the record was submitted through a voluntary safety-reporting program covered by 49 U.S.C. § 40123.
In this section:
The term “Administration” means the Federal Aviation Administration.
The term “Administrator” means the Administrator of the Federal Aviation Administration.
The term “applicable individual” means an individual who is the subject of an investigation initiated by the Administrator related to a covered flight record.
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.
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.
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.
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).
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.
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.
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.
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.
The Administrator of the Federal Aviation Administration may withhold information that would otherwise be required to be made available under section 1 only if—
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
the information is submitted pursuant to a voluntary safety reporting program covered by section 40123 of title 49, United States Code.
Source credit: (Added Pub. L. 115–254, div. B, title III, § 395(a), Oct. 5, 2018, 132 Stat. 3326.)
- 2018Enacted · Pub. L. 115-254 · 132 Stat. 3326
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-254 on 2018-10-05.
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