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2026-07-06 10:51:44 -04:00

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LegalText 49 U.S.C. § 47124a Accessibility of certain flight data us united_states_code code_section 49 TRANSPORTATION 471 AIRPORT DEVELOPMENT 47124a 49 U.S.C. § 47124a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s47124a data/legal/raw/us/code/title-49/usc49.xml e932dfa8e4b783a9a2cadb42158dcd43dbad159029a44cfc6e541d638711ed9a 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb 8e494fde142e7e9a53eb1c31c4bdd4151650cfe5a7d1176b3840e8117bb15a03 2026-07-04 official
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49 U.S.C. § 47124a - Accessibility of certain flight data

Text

(a) Definitions.— In this section:

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

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

(3) Applicable individual.— 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) 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 Pilots 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 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.

(Added Pub. L. 115254, div. B, title III, § 395(a), Oct. 5, 2018, 132 Stat. 3326.)

Notes

Editorial Notes

References in TextSection 2 of the Pilots Bill of Rights, referred to in subsec. (a)(5), is section 2 of Pub. L. 112153, 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. 115254, which was approved Oct. 5, 2018.