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

Federal law — U.S. Code and appendices · legal_authorities

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

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Stable record: federal_law:legal_authorities:record_usc_8366c64a953964c0406eb343
Source file: Laws/federal/codes/united-states-code/title-49/section-44735-limitation-on-disclosure-of-safety-information--ad0ff6e9c1.md
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Source location: Title 49, Chapter 447, § 44735; chapter-447-safety-regulation.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3/B&num=0&edition=prelim)— (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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44701 — General requirements

**(a) Promoting Safety.—** The Administrator of the Federal Aviation Administration shall promote safe flight of civil aircraft in air commerce by prescribing— (1) minimum standards required in the interest of safety for appliances and for the design, material, construction, quality of work, cybersecurity, and performance of aircraft, aircraft engines, and propellers; (2) regulations and minimum standards in the interest of safety for— (A) inspecting, servicing, and overhauling aircraft, aircraft engines, propellers, and appliances; (B) equipment and facilities for, and the timing and manner of, the inspecting, servicing, and overhauling; and (C) a qualified private person, instead of an officer or employee of the Administration, to examine and report on the inspecting, servicing, and overhauling; (3) regulations required in the interest of safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply of fuel and oil carried in flight; (4) regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees of air carriers; and (5) regulations and minimum standards for cybersecurity and other practices, methods, and procedures the Administrator finds necessary for safety in air commerce and national security. **(b) Prescribing Minimum Safety Standards.—** The Administrator may prescribe minimum safety standards for— (1) an air carrier to whom a certificate is issued under [section 44705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44705&num=0&edition=prelim); and (2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats. **(

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40101 — Policy

**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority in air commerce. (2) before authorizing new air transportation services, evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public. (4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. (5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. (6) placing maximum reliance on competitive market forces and on actual and potential competition— (A) to provide the needed air transportation system; and (B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation. (7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of— (A) the

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40123 — Protection of voluntarily submitted information

**(a) In General.—** Notwithstanding any other provision of law, including [section 552(b)(3)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3/B&num=0&edition=prelim), neither the Administrator of the Federal Aviation Administration, nor any agency or third party receiving information from the Administrator, shall disclose voluntarily-provided safety or security related information if the Administrator finds that— (1) the disclosure of the information would inhibit the voluntary provision of that type of information and that the receipt of that type of information aids in fulfilling the Administrator’s safety and security responsibilities; and (2) withholding such information from disclosure would be consistent with the Administrator’s safety and security responsibilities. **(b) Regulations.—** The Administrator shall issue regulations to carry out this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40123

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44741 — Approval of organization designation authorization unit members

**(a) In General.—** Beginning January 1, 2022, each individual who is selected on or after such date to become an ODA unit member by an ODA holder engaged in the design of an aircraft, aircraft engine, propeller, or appliance and performs an authorized function pursuant to a delegation by the Administrator of the Federal Aviation Administration under section 44702(d)— (1) shall be— (A) an employee, a contractor, or a consultant of the ODA holder; or (B) the employee of a supplier of the ODA holder; and (2) may not become a member of such unit unless approved by the Administrator pursuant to this section. **(b) Process and Timeline.—** (1) **In general.—** — The Administrator shall maintain an efficient process for the review and approval of an individual to become an ODA unit member under this section. (2) **Process.—** — An ODA holder described in subsection (a) may submit to the Administrator an application for an individual to be approved to become an ODA unit member under this section. The application shall be submitted in such form and manner as the Administrator determines appropriate. The Administrator shall require an ODA holder to submit with such an application information sufficient to demonstrate an individual’s qualifications under subsection (c). (3) **Timeline.—** — The Administrator shall approve or reject an individual that is selected by an ODA holder to become an ODA unit member under this section not later than 30 days after the receipt of an application by an ODA holder. (4) **Documentation of approval.—** — Upon approval of an individual to become an ODA unit member under this section, the Administrator shall provide such individual a letter confirming that such individual has been approved by the Administrator under this section to b

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44741

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44735 — Limitation on disclosure of safety infor-

Page 1377 TITLE 49—TRANSPORTATION § 44735 carry out inspections in addition to the annual inspec- tion required under this subsection based on identified risks.’’ Subsecs. (g) to (i). Pub. L. 118–63, § 302(a)(1)(E), added subsecs. (g) to (i). Former subsec. (g) redesignated (j). Subsec. (j). Pub. L. 118–63, § 302(a)(1)(D), redesignated subsec. (g) as (j). Subsec. (j)(1). Pub. L. 118–63, § 302(a)(2)(A)(iii), added par. (1). Former par. (1) redesignated (2). Pub. L. 118–63, § 302(a)(2)(A)(i), substituted ‘‘aircraft (including on-wing aircraft engines)’’ for ‘‘aircraft’’. Subsec. (j)(2) to (4). Pub. L. 118–63, § 302(a)(2)(A)(ii), re- designated pars. (1) to (3) as (2) to (4), respectively. 2016—Subsec. (f). Pub. L. 114–190, § 2112(a)(2), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 114–190, § 2112(a)(3), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Pub. L. 114–190, § 2112(a)(1), redesignated subsec. (f) as (g). Statutory Notes and Related Subsidiaries RULEMAKING ON SECURITY THREAT ASSESSMENT Pub. L. 118–63, title III, § 302(b)(2), (3), May 16, 2024, 138 Stat. 1069, provided that: ‘‘(2) RULEMAKING ON ASSESSMENT REQUIREMENT.—With respect to any employee not covered under the require- ments of section 1554.101 of title 49, Code of Federal Regulations, the Administrator [of the Federal Avia- tion Administration] shall initiate a rulemaking (or re- quest that the head of another Federal agency initiate a rulemaking) that requires a covered repair station to confirm that any such employee has successfully com- pleted an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title. ‘‘(3) DEFINITION OF COVERED REPAIR STATION.—For pur-

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44735

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