49 U.S.C. § 44113 — Definitions

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.