49 U.S.C. § 44114 — Privacy

Page 1227 TITLE 49—TRANSPORTATION § 44114 Department of Justice and the United States Cus- toms Service, of training and educational policies to assist employees of such Administration to better un- derstand (i) the trafficking of controlled substances (as defined in section 102 of the Controlled Substances Act [21 U.S.C. 802]), and (ii) the role of such Adminis- tration with respect to such trafficking. ‘‘(5) The progress made in improving and expanding such Administration’s role in the El Paso Intel- ligence Center.’’ APPLICABILITY OF PAPERWORK REDUCTION ACT Pub. L. 100–690, title VII, § 7211(b), Nov. 18, 1988, 102 Stat. 4433, provided that: ‘‘No information collection requests necessary to carry out the objectives of this subtitle [subtitle E (§§ 7201–7214) of title VI of Pub. L. 100–690, see Tables for classification] (including the amendments made by this subtitle) shall be subject to or affect, directly or indirectly, the annual information collection budget goals established for the Federal Aviation Administration and the Department of Trans- portation under chapter 35 of title 44, United States Code.’’ § 44112. Limitation of liability (a) DEFINITIONS.—In this section— (1) ‘‘lessor’’ means a person leasing for at least 30 days a civil aircraft, aircraft engine, or propeller. (2) ‘‘owner’’ means a person that owns a civil aircraft, aircraft engine, or propeller. (3) ‘‘secured party’’ means a person having a security interest in, or security title to, a civil aircraft, aircraft engine, or propeller under a conditional sales contract, equipment trust contract, chattel or corporate mortgage, or similar instrument. (b) LIABILITY.—A lessor, owner, or secured party is liable for personal injury, death, or property loss or damage only when a civil air- craft, aircraft engine, or propeller is in the ac- tual possession or operational control of the les- sor, owner, or secured party, and the personal injury, death, or property loss or damage occurs because of— (1) the aircraft, engine, or propeller; or (2) the flight of, or an object falling from, the aircraft, engine, or propeller. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1167; Pub. L. 115–254, div. B, title V, § 514, Oct. 5, 2018, 132 Stat. 3358.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44112 .......... 49 App.:1404. Aug. 23, 1958, Pub. L. 85–726, § 504, 72 Stat. 774; restated July 8, 1959, Pub. L. 86–81, § 2, 73 Stat. 180. In subsection (a), clauses (1) and (3) are derived from 49 App.:1404 (2d–57th words). Clause (2) is added for clar- ity. In clause (1), the words ‘‘bona fide’’ are omitted as surplus. In clause (3), the word ‘‘nature’’ is omitted as surplus. In subsection (b), before clause (1), the words ‘‘per- sonal injury, death’’ are substituted for ‘‘any injury to or death of persons’’, and the words ‘‘on land or water’’ are substituted for ‘‘on the surface of the earth (wheth- er on land or water)’’, to eliminate unnecessary words. In clause (2), the words ‘‘ascent, descent, or’’ and ‘‘dropping or’’ are omitted as surplus. Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–254, in introductory pro- visions, struck out ‘‘on land or water’’ before ‘‘only when’’ and inserted ‘‘operational’’ before ‘‘control’’. § 44113. Definitions In this chapter, the following definitions apply: (1) CAPE TOWN TREATY.—The term ‘‘Cape Town Treaty’’ means the Convention on Inter- national Interests in Mobile Equipment, as modified by the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, signed at Rome on May 9, 2003. (2) UNITED STATES ENTRY POINT.—The term ‘‘United States Entry Point’’ means the Fed- eral Aviation Administration Civil Aviation Registry. (3) INTERNATIONAL REGISTRY.—The term ‘‘International Registry’’ means the registry established under the Cape Town Treaty. (Added Pub. L. 108–297, § 6(a), Aug. 9, 2004, 118 Stat. 1097.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relat- ing to such registration or recordation, see section 7 of Pub. L. 108–297, set out as an Effective Date of 2004 Amendment note under section 44101 of this title. § 44114. Privacy (a) IN GENERAL.—Notwithstanding any other provision of law, including section 552(b)(3) of title 5, the Administrator of the Federal Avia- tion Administration shall establish and update as necessary a process by which, upon request of a private aircraft owner or operator, the Admin- istrator withholds the registration number and other similar identifiable data or information, except for physical markings required by law, of the aircraft of the owner or operator from any broad dissemination or display (except in fur- nished data or information made available to or from a Government agency pursuant to a gov- ernment contract, subcontract, or agreement, including for traffic management purposes) for the noncommercial flights of the owner or oper- ator. (b) WITHHOLDING PERSONALLY IDENTIFIABLE IN- FORMATION ON THE AIRCRAFT REGISTRY.—Not later than 2 years after the enactment of this Act and notwithstanding any other provision of law, including section 552(b)(3) of title 5, the Ad- ministrator shall establish a procedure by which, upon request of a private aircraft owner or operator, the Administrator shall withhold from broad dissemination or display by the FAA (except in furnished data or information made available to or from a Government agency pur- suant to a government contract, subcontract, or agreement, including for traffic management purposes) the personally identifiable informa- tion of such individual, including on a publicly available website of the FAA. Page 1228 TITLE 49—TRANSPORTATION § 44301 1 So in original. (c) ICAO AIRCRAFT IDENTIFICATION CODE.— (1) IN GENERAL.—The Administrator shall es- tablish a program for aircraft owners and op- erators to apply for a new ICAO aircraft iden- tification code. (2) LIMITATIONS.—In carrying out the pro- gram described in paragraph (1), the Adminis- trator shall require— (A) each applicant to attest to a safety or security need in applying for a new ICAO aircraft identification code; and (B) each approved applicant who obtains a new ICAO aircraft identification code to comply with all applicable aspects of, or re- lated to, part 45 of title 14, Code of Federal Regulations, including updating an air- craft’s registration number and N–Number to reflect such aircraft’s new ICAO aircraft identification code. (d) DEFINITIONS.—In this section: (1) ADS–B.—The term ‘‘ADS–B’’ means auto- matic dependent surveillance-broadcast. (2) ICAO.—The term ‘‘ICAO’’ means the International Civil Aviation Organization. (3) PERSONALLY IDENTIFIABLE INFORMATION.— The term ‘‘personally identifiable informa- tion’’ means— (A) the mailing address or registration ad- dress of an individual; (B) an electronic address (including an email address) of an individual; or 1 (C) the telephone number of an individual.1 (D) the names of the aircraft owner or op- erator, if the owner or operator is an indi- vidual. (Added Pub. L. 118–63, title VIII, § 803(a), May 16, 2024, 138 Stat. 1321.) Editorial Notes REFERENCES IN TEXT The enactment of this Act, referred to in subsec. (b), probably means the enactment of Pub. L. 118–63, which enacted this section and was approved May 16, 2024. PRIOR PROVISIONS Provisions similar to those in subsec. (a) of this sec- tion were contained in Pub. L. 115–254, div. B, title V, § 566, Oct. 5, 2018, 132 Stat. 3385, which was set out as a note under section 44103 of this title prior to repeal by Pub. L. 118–63, title VIII, § 803(c), May 16, 2024, 138 Stat. 1322. CHAPTER 443—INSURANCE Sec. 44301. Definitions. 44302. General authority. 44302a. Temporary insurance. 44303. Coverage. 44304. Reinsurance. 44305. Insuring United States Government property. 44306. Premiums and limitations on coverage and claims. 44307. Revolving fund. 44308. Administrative. 44309. Civil actions. 44310. Ending effective date. Editorial Notes AMENDMENTS 2022—Pub. L. 117–328, div. Q, § 103(c), Dec. 29, 2022, 136 Stat. 5252, added item 44302a. § 44301. Definitions In this chapter— (1) ‘‘aircraft manufacturer’’ means any com- pany or other business entity, the majority ownership and control of which is by United States citizens, that manufactures aircraft or aircraft engines. (2) ‘‘American aircraft’’ means— (A) a civil aircraft of the United States; and (B) an aircraft owned or chartered by, or made available to— (i) the United States Government; or (ii) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of the State, territory, or possession. (3) ‘‘insurance carrier’’ means a person au- thorized to do aviation insurance business in a State, including a mutual or stock insurance company and a reciprocal insurance associa- tion. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1168; Pub. L. 108–176, title I, § 106(a)(2), Dec. 12, 2003, 117 Stat. 2498.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44301 .......... 49 App.:1531. Aug. 23, 1958, Pub. L. 85–726, § 1301, 72 Stat. 800; re- stated Nov. 9, 1977, Pub. L. 95–163, § 1(a), 91 Stat. 1278. In this section, the text of 49 App.:1531(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term ap- pears in a section. In clause (1)(B)(i), the words ‘‘United States Govern- ment’’ are substituted for ‘‘United States or any de- partment or agency thereof’’ for consistency in the re- vised title and with other titles of the United States Code. In clause (1)(B)(ii), the words ‘‘the government of’’ are omitted for consistency in the revised title. In clause (2), the words ‘‘insurance company’’ are omitted as being included in ‘‘insurance carrier’’. The words ‘‘means a person’’ are added because they are in- clusive. The words ‘‘group or association’’ are omitted as being included in ‘‘person’’. The word ‘‘State’’ is sub- stituted for ‘‘State of the United States’’ to eliminate unnecessary words. Editorial Notes AMENDMENTS 2003—Pub. L. 108–176 added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. § 44302. General authority (a) INSURANCE AND REINSURANCE.—(1) Subject to subsection (c) of this section and section 44305(a) of this title, the Secretary of Transpor- tation may provide insurance and reinsurance against loss or damage arising out of any risk