49 U.S.C. § 33116 — Confidentiality of information

Page 995 TITLE 49—TRANSPORTATION § 33116 part, or of a major replacement part, that is subject to the standard and is determined before the sale of the vehicle or part to a first pur- chaser not to conform to the standard. (2)(A) When practicable, the Secretary— (i) shall notify a person against whom an ac- tion under this subsection is planned; (ii) shall give the person an opportunity to present that person’s views; and (iii) except for a knowing and willful viola- tion, shall give the person a reasonable oppor- tunity to comply. (B) The failure of the Secretary to comply with subparagraph (A) of this paragraph does not prevent a court from granting appropriate relief. (d) JURY TRIAL DEMAND.—In a trial for crimi- nal contempt for violating an injunction or re- straining order issued under subsection (c) of this section, the violation of which is also a vio- lation of this chapter, the defendant may de- mand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.). (e) VENUE.—A civil action under subsection (a) or (c) of this section may be brought in the judi- cial district in which the violation occurred or the defendant resides, is found, or transacts business. Process in the action may be served in any other judicial district in which the defend- ant resides or is found. A subpena for a witness in the action may be served in any judicial dis- trict. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1091.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33115(a) ...... 15:2028(a). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 611; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2762; Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397. 33115(b) ...... 15:2027(c)(2). Oct. 20, 1972, Pub. L. 92–513, § 86 Stat. 947, § 610(c)(2); added Oct. 25, 1992, Pub. L. 102–519, §§ 305(b), 306(a), 106 Stat. 3396, 3397. 33115(c)(1) .. 15:2028(b)(1) (1st sen- tence). 33115(c)(2) .. 15:2028(b)(1) (2d, last sentences). 33115(d) ...... 15:2028(b)(2). 33115(e) ...... 15:2028(b)(3), (4). In subsection (a)(1), the words ‘‘section 33114(a)(1)–(4)’’ are used to correct an erroneous cross- reference in section 611(a)(1) of the Motor Vehicle Infor- mation and Cost Savings Act (Public Law 92–513, 86 Stat. 947) to section 607 of that Act. Sections 607 and 611 were redesignated by section 306(a) of the Anti Car Theft Act of 1992 (Public Law 102–519, 106 Stat. 3397). The words ‘‘is liable to the United States Government for a civil penalty’’ are substituted for ‘‘may be as- sessed a civil penalty’’ for consistency in the revised title and with other titles of the United States Code. In subsection (a)(2), the word ‘‘imposes’’ is sub- stituted for ‘‘assessed’’ for consistency. In subsection (a)(3), the words ‘‘the appropriateness of such penalty to’’ are omitted as surplus. In subsection (a)(5), the words ‘‘United States district court’’ are added for clarity and consistency in the re- vised title. In subsection (c)(1), the words ‘‘The Attorney General may bring a civil action’’ are substituted for ‘‘Upon pe- tition by the Attorney General’’ for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words ‘‘on behalf of the United States’’ are omitted as surplus. The words ‘‘shall have jurisdiction’’ are omitted because of 28:1331. The words ‘‘for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure’’ are omitted as surplus because the rules apply in the absence of an ex- ception from them. The word ‘‘enjoin’’ is substituted for ‘‘restrain’’ for consistency in the revised title. In subsection (d), the words ‘‘the defendant may de- mand a jury trial’’ are substituted for ‘‘trial shall be by the court, or, upon demand of the accused, by a jury’’ to eliminate unnecessary words and for consistency in the revised title. § 33116. Confidentiality of information (a) GENERAL.—Information obtained by the Secretary of Transportation under this chapter related to a confidential matter referred to in section 1905 of title 18 may be disclosed only— (1) to another officer or employee of the United States Government for use in carrying out this chapter; or (2) in a proceeding under this chapter (ex- cept a proceeding under section 33104(a)(3)). (b) WITHHOLDING INFORMATION FROM CON- GRESS.—This section does not authorize infor- mation to be withheld from a committee of Con- gress authorized to have the information. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1093.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33116 .......... 15:2029. Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 612; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2763; Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397. In subsection (a), before clause (1), the words ‘‘re- ported to, or otherwise’’ and ‘‘or the Secretary’s rep- resentative’’ are omitted as surplus. The words ‘‘re- lated to a confidential matter referred to’’ are sub- stituted for ‘‘contains or relates to a trade secret or other matter referred to’’ to eliminate unnecessary words and for consistency in the revised title. The words ‘‘or in section 552(b)(4) of title 5’’ are omitted as surplus because the language in 18:1905 is broader than the language in 5:552(b)(4) and for consistency with similar provisions in other chapters in this part. The words ‘‘shall be considered confidential for the purpose of the applicable section of this subchapter’’ are omit- ted as surplus. In clause (1), the words ‘‘for use in car- rying out’’ are substituted for ‘‘concerned with car- rying out’’ for consistency with similar provisions in other chapters in this part. In clause (2), the words ‘‘when relevant’’ are omitted as surplus. The cross-ref- erence to 15:2023(a)(3) is omitted. The text of 15:2023(a)(3), originally enacted as section 603(a)(3) of the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, 86 Stat. 947), was repealed by sec- tion 303(2) of the Anti Car Theft Act of 1992 (Public Law 102–519, 106 Stat. 3396). Section 303(2) also redesignated subsection (a)(4) as subsection (a)(3). However, a cor- responding amendment to correct the cross-reference in the source provisions restated in this section was not made. In subsection (b), the words ‘‘authorized to have the information’’ are added for clarity and consistency with similar provisions in other chapters in this part. Page 996 TITLE 49—TRANSPORTATION § 33117 § 33117. Judicial review A person that may be adversely affected by a regulation prescribed under this chapter may obtain judicial review of the regulation under section 32909 of this title. A remedy under this section is in addition to any other remedies pro- vided by law. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1093.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33117 .......... 15:2030. Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 613; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2763; Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397. The words ‘‘regulation prescribed’’ are substituted for ‘‘any provision of any standard or other rule’’ to elimi- nate unnecessary words and because ‘‘rule’’ and ‘‘regu- lation’’ are synonymous. The words ‘‘in the case of any standard, rule, or other action under this subchapter’’ are omitted as surplus. § 33118. Preemption of State and local law When a motor vehicle theft prevention stand- ard prescribed under section 33102 or 33103 of this title is in effect, a State or political subdivision of a State may not have a different motor vehi- cle theft prevention standard for a motor vehi- cle or major replacement part. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1093.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33118 .......... 15:2031. Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 614; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2763; Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397. The words ‘‘may not have’’ are substituted for ‘‘no . . . shall have any authority either to establish, or to continue in effect’’ to eliminate unnecessary words. SUBTITLE VII—AVIATION PROGRAMS PART A—AIR COMMERCE AND SAFETY SUBPART I—GENERAL Chapter Sec. 401. General Provisions ............................. 40101 SUBPART II—ECONOMIC REGULATION 411. Air Carrier Certificates ..................... 41101 413. Foreign Air Transportation .............. 41301 415. Pricing ................................................... 41501 417. Operations of Carriers ....................... 41701 419. Transportation of Mail ...................... 41901 421. Labor-Management Provisions ........ 42101 423. Passenger Air Service Improve- ments .................................................. 42301 SUBPART III—SAFETY 441. Registration and Recordation of Aircraft ............................................... 44101 Chapter Sec. 443. Insurance .............................................. 44301 445. Facilities, Personnel, and Research 44501 447. Safety Regulation ................................ 44701 448. Unmanned Aircraft Systems ............ 44801 449. Security ................................................. 44901 451. Alcohol and Controlled Substances Testing ................................................ 45101 453. Fees ......................................................... 45301 SUBPART IV—ENFORCEMENT AND PENALTIES 461. Investigations and Proceedings ...... 46101 463. Penalties ................................................ 46301 465. Special Aircraft Jurisdiction of the United States .................................... 46501 PART B—AIRPORT DEVELOPMENT AND NOISE 471. Airport Development ......................... 47101 473. International Airport Facilities ...... 47301 475. Noise ....................................................... 47501 PART C—FINANCING 481. Airport and Airway Trust Fund Au- thorizations ....................................... 48101 482. Advance Appropriations for Air- port and Airway Trust Facilities 48201 [483. Repealed.] PART D—PUBLIC AIRPORTS 491. METROPOLITAN WASHINGTON AIRPORTS ......................................... 49101 PART E—MISCELLANEOUS 501. Buy-American Preferences ............... 50101 Editorial Notes AMENDMENTS 2024—Pub. L. 118–63, title XI, § 1101(c), May 16, 2024, 138 Stat. 1413, substituted ‘‘Unmanned Aircraft Systems’’ for ‘‘Unmanned aircraft systems’’ in item for chapter 448. 2018—Pub. L. 115–254, div. K, title I, § 1991(i)(2), Oct. 5, 2018, 132 Stat. 3645, which directed amendment of this analysis by striking item for chapter 483 ‘‘Aviation se- curity funding’’, was executed by striking item for chapter 483 ‘‘Aviation Security Funding’’ to reflect the probable intent of Congress. Pub. L. 115–254, div. B, title III, § 341(b)(1), Oct. 5, 2018, 132 Stat. 3287, added item for chapter 448. 2012—Pub. L. 112–95, title IV, § 415(d), Feb. 14, 2012, 126 Stat. 96, added item for chapter 423. 2001—Pub. L. 107–71, title I, § 118(c)(2), Nov. 19, 2001, 115 Stat. 628, added item for chapter 483. 1997—Pub. L. 105–102, § 2(20), Nov. 20, 1997, 111 Stat. 2205, substituted ‘‘PUBLIC AIRPORTS’’ for ‘‘RE- SERVED’’ in item for part D and added item for chap- ter 491. 1996—Pub. L. 104–287, § 5(64), Oct. 11, 1996, 110 Stat. 3395, substituted ‘‘RESERVED’’ for ‘‘MISCELLA- NEOUS’’ in item for part D, struck out item for chap- ter 491 ‘‘Buy-American Preferences’’, and added items for part E and chapter 501. Pub. L. 104–264, title II, § 277(b), Oct. 9, 1996, 110 Stat. 3248, added item for chapter 482. PART A—AIR COMMERCE AND SAFETY SUBPART I—GENERAL CHAPTER 401—GENERAL PROVISIONS Sec. 40101. Policy. 40102. Definitions. 40103. Sovereignty and use of airspace.