---
kind: "section"
citation: "49 U.S.C. § 47124a"
title: "49"
title_heading: "Transportation"
number: "47124a"
heading: "Accessibility of certain flight data"
release: "119-102"
url: "https://uscodex.org/usc/49/47124a"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part B — Airport Development and Noise"
  - "Chapter 471 — Airport Development"
  - "Subchapter I — Airport Improvement"
---

# §47124a. Accessibility of certain flight data

- (a) **Definitions.—** In this section:
  - (1) **Administration.—** The term “Administration” means the Federal Aviation Administration.
  - (2) **Administrator.—** The term “Administrator” means the Administrator of the Federal Aviation [Administration](#a-1).
  - (3) **Applicable individual.—** The term “applicable individual” means an individual who is the subject of an investigation initiated by the [Administrator](#a-2) related to a [covered flight record](#a-5).
  - (4) **Contract tower.—** The term “contract tower” means an air traffic control tower providing air traffic control services pursuant to a contract with the [Administration](#a-1) under [section 47124](/usc/49/47124.md).
  - (5) **Covered flight record.—** The term “covered 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](/usc/49/44703.md) note)), created, maintained, or controlled by any program of the [Administration](#a-1), including any program of the [Administration](#a-1) carried out by employees or contractors of the [Administration](#a-1), such as [contract towers](#a-4), flight service stations, and controller training programs.
- (b) **Provision of Covered Flight Record to Administration.—**
  - (1) **Requests.—** Whenever the [Administration](#a-1) receives a written request for a [covered flight record](#a-5) from an [applicable individual](#a-3) and the [covered flight record](#a-5) is not in the possession of the [Administration](#a-1), the [Administrator](#a-2) shall request the [covered flight record](#a-5) from the [contract tower](#a-4) or other contractor of the [Administration](#a-1) in possession of the [covered flight record](#a-5).
  - (2) **Provision of records.—** Any [covered flight record](#a-5) created, maintained, or controlled by a [contract tower](#a-4) or another contractor of the [Administration](#a-1) that maintains [covered flight records](#a-5) shall be provided to the [Administration](#a-1) if the [Administration](#a-1) requests the record pursuant to [paragraph (1)](#b-1).
  - (3) **Notice of proposed certificate action.—** If the [Administrator](#a-2) has issued, or subsequently issues, a Notice of Proposed Certificate Action relying on evidence contained in the [covered flight record](#a-5) and the individual who is the subject of an investigation has requested the record, the [Administrator](#a-2) shall promptly produce the record and extend the time the individual has to respond to the Notice of Proposed Certificate Action until the [covered flight record](#a-5) 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](#a-2) shall promulgate regulations or guidance to ensure compliance with this section.
  - (2) **Compliance by contractors.—**
    - (A) **In general.—** Compliance with this section by a [contract tower](#a-4) or other contractor of the [Administration](#a-1) that maintains [covered flight records](#a-5) shall be included as a material term in any contract between the [Administration](#a-1) and the [contract tower](#a-4) or contractor entered into or renewed on or after the date of enactment of the Fairness for Pilots Act.
    - (B) **Nonapplicability.—** [Subparagraph (A)](#c-2-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 [Administrator](#a-2) of the Federal Aviation [Administration](#a-1) may withhold information that would otherwise be required to be made available under section[^1] only if—
  - (1) the [Administrator](#a-2) determines, based on information in the possession of the [Administrator](#a-2), that the [Administrator](#a-2) may withhold the information in accordance with [section 552a of title 5](/usc/5/552a.md), United States Code; or
  - (2) the information is submitted pursuant to a voluntary safety reporting program covered by [section 40123 of title 49](/usc/49/40123.md), United States Code.

## Footnotes

[^1]: So in original. Probably should be “this section”.

## Source credit

(Added Pub. L. 115–254, div. B, title III, § 395(a), Oct. 5, 2018, 132 Stat. 3326.)

## Notes

### 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.