Title 49 — Transportation
Part A · Chapter 447 — Safety Regulation
§ 44735. Limitation on disclosure of safety information
Statutory text
In General.—
Except as provided by subsection (c), a report, data, or other information described in subsection (b) shall not be disclosed to the public by the Administrator of the Federal Aviation Administration pursuant to section 552(b)(3)(B) of title 5—
if the report, data, or other information is submitted to the Federal Aviation Administration voluntarily and is not required to be submitted to the Administrator under any other provision of law;
if the report, data, or other information is submitted to the Federal Aviation Administration pursuant to section 102(e) of the Aircraft Certification, Safety, and Accountability Act; or
if the report, data, or other information is submitted for any purpose relating to the development and implementation of a safety management system, including a system required by regulation.
Applicability.—
The limitation established by subsection (a) shall apply to the following:
Reports, data, or other information developed under the Aviation Safety Action Program.
Reports, data, or other information produced or collected under the Flight Operational Quality Assurance Program.
Reports, data, or other information developed under the Line Operations Safety Audit Program.
Reports, data, or other information produced or collected for purposes of developing and implementing a safety management system acceptable to the Administrator.
Reports, analyses, and directed studies, based in whole or in part on reports, data, or other information described in paragraphs (1) through (4), including those prepared under the Aviation Safety Information Analysis and Sharing Program (or any successor program).
Exception for De-identified Information.—
In general.—
The limitation established by subsection (a) shall not apply to a report, data, or other information if the information contained in the report, data, or other information has been de-identified.
De-identified defined.—
In this subsection, the term “de-identified” means the process by which all information that is likely to establish the identity of the specific persons or entities submitting reports, data, or other information is removed from the reports, data, or other information.
Other Agencies.—
In general.—
The limitation established under subsection (a) shall apply to the head of any other Federal agency who receives reports, data, or other information described in such subsection from the Administrator.
Rule of construction.—
This section shall not be construed to limit the accident or incident investigation authority of the National Transportation Safety Board under chapter 11, including the requirement to not disclose voluntarily provided safety-related information under section 1114.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
FAA Modernization and Reform Act of 2012
Pub. L. 112–95 title III § 310(a) · 126 Stat. 11
Enacted · 49 U.S.C. § 44735
Added Pub. L. 112–95, title III, § 310(a), Feb. 14, 2012, 126 Stat. 64
Source evidence
Code source credit
Added Pub. L. 112–95, title III, § 310(a), Feb. 14, 2012, 126 Stat. 64Enacted provision · exact public law section
(a) In General.— Chapter 447 (as amended by this Act) is further amended by adding at the end the following: “§ 44735. Limitation on disclosure of safety information “(a) In General.— Except as provided by subsection (c), a report, data, or other information described in subsection (b) shall not be disclosed to the public by the Administrator of the Federal Aviation Administration pursuant to section 552(b)(3)(B) of title 5 if the report, data, or other information is submitted to the Federal Aviation Administration voluntarily and is not required to be submitted to the Administrator under any other provision of law. “(b) Applicability.— The limitation established by subsection (a) shall apply to the following: “(1) Reports, data, or other information developed under the Aviation Safety Action Program. “(2) Reports, data, or other information produced or collected under the Flight Operational Quality Assurance Program. “(3) Reports, data, or other information developed under the Line Operations Safety Audit Program. “(4) Reports, data, or other information produced or collected for purposes of developing and implementing a safety management system acceptable to the Administrator. “(5) Reports, analyses, and directed studies, based in whole or in part on reports, data, or other information described in paragraphs (1) through (4), including those prepared under the Aviation Safety Information Analysis and Sharing Program (or any successor program). “(c) Exception for De-identified Information.— “(1) In general.— The limitation established by subsection (a) shall not apply to a report, data, or other information if the information contained in the report, data, or other information has been de-identified. “(2) De-identified defined.— In this subsection, the term ‘de-identified’ means the process by which all information that is likely to establish the identity of the specific persons or entities submitting reports, data, or other information is removed from the reports, data, or other information.” .Department of Commerce Appropriations Act, 2021
Pub. L. 116–260 div. V title I § 102(g) · 134 Stat. 1182
Inserted · 49 U.S.C. § 44735(a)
Pub. L. 116–260 inserted “—” after “title 5”
Amended · 49 U.S.C. § 44735(a)
Pub. L. 116–260 designated remaining existing provisions as par. (1)
Added · 49 U.S.C. § 44735(a)
Pub. L. 116–260 added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–260 inserted “—” after “title 5”, designated remaining existing provisions as par. (1), and added par. (2).Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Pub. L. 118–63 § 305(1) · 138 Stat. 1071
Added · 49 U.S.C. § 44735(a)(3)
Pub. L. 118–63, § 305(1), added par. (3)
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 118–63, § 305(1), added par. (3).Pub. L. 118–63 § 305(2) · 138 Stat. 1071
Added · 49 U.S.C. § 44735(d)
Pub. L. 118–63, § 305(2), added subsec. (d)
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d). Pub. L. 118–63, § 305(2), added subsec. (d).
4 of 6 references resolved to an enrolled provision · 2 unresolved
Editorial Notes
References in Text
Section 102(e) of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (a)(2), is section 102(e) of title I of Pub. L. 116–260, div. V, , 134 Stat. 2310, which is set out in a note under section 44701 of this title.
Amendments2020–2024 · 2 rounds
2024
Subsec. (a)(3). Pub. L. 118–63, § 305(1), added par. (3).
Subsec. (d). Pub. L. 118–63, § 305(2), added subsec. (d).
2020
Subsec. (a). Pub. L. 116–260 inserted “—” after “title 5”, designated remaining existing provisions as par. (1), and added par. (2).
Credits
2012–2024 · 3 acts
- 2012Added Pub. L. 112–95, title III, § 310(a), , 126 Stat. 64
- 2020amended Pub. L. 116–260, div. V, title I, § 102(g), , 134 Stat. 2311
- 2024Pub. L. 118–63, title III, § 305, , 138 Stat. 1071.
Show as published
(Added Pub. L. 112–95, title III, § 310(a), , 126 Stat. 64; amended Pub. L. 116–260, div. V, title I, § 102(g), , 134 Stat. 2311; Pub. L. 118–63, title III, § 305, , 138 Stat. 1071.)