49 U.S.C. § 47124a — Accessibility of certain flight data

Page 1651 TITLE 49—TRANSPORTATION § 47124a to address any negative impacts to safety, and the overall results of the pilot program established under this subsection. ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—Out of amounts made available under section 106(k) of title 49, United States Code, there is authorized to be appro- priated to carry out this subsection $30,000,000 to re- main available for 5 fiscal years.’’ APPROVAL OF CERTAIN APPLICATIONS FOR THE CONTRACT TOWER PROGRAM Pub. L. 115–254, div. B, title I, § 133(d), Oct. 5, 2018, 132 Stat. 3209, provided that: ‘‘(1) IN GENERAL.—If the Administrator of the Federal Aviation Administration has not implemented a re- vised cost-benefit methodology for purposes of deter- mining eligibility for the Contract Tower Program be- fore the date that is 30 days after the date of enactment of this Act [Oct. 5, 2018], any airport with an applica- tion for participation in the Contract Tower Program pending as of January 1, 2017, shall be approved for par- ticipation in the Contract Tower Program if the Ad- ministrator determines the tower is eligible under the criteria set forth in the Federal Aviation Administra- tion report entitled ‘Establishment and Discontinuance Criteria for Airport Traffic Control Towers’, and dated August 1990 (FAA–APO–90–7). ‘‘(2) REQUESTS FOR ADDITIONAL AUTHORITY.—The Ad- ministrator shall respond not later than 60 days after the date the Administrator receives a formal request from an airport and air traffic control contractor for additional authority to expand contract tower oper- ational hours and staff to accommodate flight traffic outside of current tower operational hours. ‘‘(3) DEFINITION OF CONTRACT TOWER PROGRAM.—In this section [probably means ‘‘subsection’’], the term ‘Con- tract Tower Program’ has the meaning given the term in section 47124(e) of title 49, United States Code, as added by this Act.’’ NONAPPROACH CONTROL TOWERS Pub. L. 108–7, div. I, title III, § 370(c), Feb. 20, 2003, 117 Stat. 426, provided that: ‘‘(1) IN GENERAL.—The Administrator of the Federal Aviation Administration may enter into a lease agree- ment or contract agreement with a private entity to provide for construction and operation of a non- approach control tower as defined by the Secretary of Transportation. ‘‘(2) TERMS AND CONDITIONS.—An agreement entered into under this section— ‘‘(A) shall be negotiated under such procedures as the Administrator considers necessary to ensure the integrity of the selection process, the safety of air travel, and to protect the interests of the United States; ‘‘(B) may provide a lease option to the United States, to be exercised at the discretion of the Ad- ministrator, to occupy any general-purpose space in a facility covered by the agreement; ‘‘(C) shall not require, unless specifically deter- mined otherwise by the Administrator, Federal own- ership of a facility covered under the agreement after the expiration of the agreement; ‘‘(D) shall describe the consideration, duties, and responsibilities for which the United States and the private entity are responsible; ‘‘(E) shall provide that the United States will not be liable for any action, debt, or liability of any enti- ty created by the agreement; ‘‘(F) shall provide that the private entity may not execute any instrument or document creating or evi- dencing any indebtedness with respect to a facility covered by the agreement unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and ‘‘(G) shall include such other terms and conditions as the Administrator considers appropriate.’’ USE OF APPORTIONMENTS TO PAY NON-FEDERAL SHARE OF OPERATION COSTS Pub. L. 108–7, div. I, title III, § 370(d), Feb. 20, 2003, 117 Stat. 427, provided that: ‘‘(1) STUDY.—The Secretary of Transportation shall conduct a study of the feasibility, costs, and benefits of allowing the sponsor of an airport to use not to exceed 10 percent of amounts apportioned to the sponsor under section 47114 to pay the non-Federal share of the cost of operation of an air traffic control tower under sec- tion 47124(b) of title 49, United States Code. ‘‘(2) REPORT.—Not later than 1 year after the date of enactment of this Act [Feb. 20, 2003], the Secretary shall transmit to Congress a report on the results of the study.’’ CONTRACT TOWER ASSISTANCE Pub. L. 103–305, title V, § 508, Aug. 23, 1994, 108 Stat. 1596, provided that: ‘‘The Secretary shall take appro- priate action to assist communities where the Sec- retary deems such assistance appropriate in obtaining the installation of a Level I Contract Tower for those communities.’’ § 47124a. Accessibility of certain flight data (a) DEFINITIONS.—In this section: (1) ADMINISTRATION.—The term ‘‘Administra- tion’’ means the Federal Aviation Administra- tion. (2) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of the Fed- eral Aviation Administration. (3) APPLICABLE INDIVIDUAL.—The term ‘‘ap- plicable 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 pro- viding air traffic control services pursuant to a contract with the Administration under sec- tion 47124. (5) COVERED FLIGHT RECORD.—The term ‘‘cov- ered flight record’’ means any air traffic data (as defined in section 2(b)(4)(B) of the Pilot’s 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 con- trolled by a contract tower or another con- tractor 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 AC- TION.—If the Administrator has issued, or sub- Page 1652 TITLE 49—TRANSPORTATION § 47125 1 So in original. Probably should be ‘‘this section’’. sequently issues, a Notice of Proposed Certifi- cate Action relying on evidence contained in the covered flight record and the individual who is the subject of an investigation has re- quested the record, the Administrator shall promptly produce the record and extend the time the individual has to respond to the No- tice 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 promul- gate regulations or guidance to ensure compli- ance with this section. (2) COMPLIANCE BY CONTRACTORS.— (A) IN GENERAL.—Compliance with this section by a contract tower or other con- tractor of the Administration that main- tains 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 Admin- istrator of the Federal Aviation Administration may withhold information that would otherwise be required to be made available under section 1 only if— (1) the Administrator determines, based on information in the possession of the Adminis- trator, 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. 115–254, div. B, title III, § 395(a), Oct. 5, 2018, 132 Stat. 3326.) Editorial Notes REFERENCES IN TEXT Section 2 of the Pilot’s Bill of Rights, referred to in subsec. (a)(5), is section 2 of Pub. L. 112–153, 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. 115–254, which was approved Oct. 5, 2018. § 47125. Conveyances of United States Govern- ment land (a) CONVEYANCES TO PUBLIC AGENCIES.—Except as provided in subsection (b) of this section, the Secretary of Transportation shall request the head of the department, agency, or instrumen- tality of the United States Government owning or controlling land or airspace to convey a prop- erty interest in the land or airspace to the pub- lic agency sponsoring the project or owning or controlling the airport when necessary to carry out a project under this subchapter at a public airport, to operate a public airport, or for the future development of an airport under the na- tional plan of integrated airport systems. The head of the department, agency, or instrumen- tality shall decide whether the requested con- veyance is consistent with the needs of the de- partment, agency, or instrumentality and shall notify the Secretary of that decision not later than 4 months after receiving the request. If the head of the department, agency, or instrumen- tality decides that the requested conveyance is consistent with its needs, the head of the depart- ment, agency, or instrumentality, with the ap- proval of the Attorney General and without cost to the Government, shall make the conveyance. A conveyance may be made only on the condi- tion that the property interest conveyed reverts to the Government, at the option of the Sec- retary, to the extent it is not developed for an airport purpose or used consistently with the conveyance. Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition. (b) NONAPPLICATION.—Except as specifically provided by law, subsection (a) of this section does not apply to land or airspace owned or con- trolled by the Government within— (1) a national park, national monument, na- tional recreation area, or similar area under the administration of the National Park Serv- ice; (2) a unit of the National Wildlife Refuge System or similar area under the jurisdiction of the United States Fish and Wildlife Service; or (3) a national forest or Indian reservation. (c) WAIVING RESTRICTIONS.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary may grant to an airport, city, or county a waiver of any of the terms, condi- tions, reservations, or restrictions contained in a deed under which the United States con- veyed to the airport, city, or county an inter- est in real property for airport purposes pursu- ant to section 16 of the Federal Airport Act (60 Stat. 179), section 23 of the Airport and Airway Development Act of 1970 (84 Stat. 232), or this section. (2) CONDITIONS.—Any waiver granted by the Secretary pursuant to paragraph (1) shall be subject to the following conditions: (A) The applicable airport, city, county, or other political subdivision shall agree that in conveying any interest in the real prop- erty which the United States conveyed to the airport, city, or county, the airport, city, or county will receive consideration for such interest that is equal to its current fair market value. (B) Any consideration received by the air- port, city, or county under subparagraph (A) shall be used exclusively for the develop- ment, improvement, operation, or mainte- nance of a public airport by the airport, city, or county. (C) Such waiver— (i) will not significantly impair the aero- nautical purpose of an airport;