49 C.F.R. § 9.5
General prohibition of production or disclosure in legal proceedings
No employee of the Department may provide testimony or produce any material contained in the files of the Department, or disclose any information relating to, or based upon, material contained in the files of the Department, or disclose any information or produce any material acquired as part of the performance of that employee's official duties or because of that employee's official status unless authorized in accordance with this part, or by other applicable law.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1981–2025 · leading case: Salvatore Giove v. Dep't of Transp., 230 F.3d 1333 (Fed. Cir. 2000).
Salvatore Giove v. Dep't of Transp., 230 F.3d 1333 (Fed. Cir. 2000). “The FAA also argues that Giove’s disclosure was specifically prohibited by 49 C.F.R. § 9.5 and, therefore, the protections of the Whistleblower Protection Act cannot be invoked.”
Merle W. Huber v. United States of Am., United States of Am., Counterclaimant/appellant v. Monterey Navigation Co., Inc., Counterclaim, 838 F.2d 398 (9th Cir. 1988). “" 49 C.F.R. § 9.5 (a) (1986). 7 . We express no opinion concerning the proper allocation of fault between the parties.”
George L. Sims & James M. McGhee v. Nat'l Transp. Saf. Bd., 662 F.2d 668 (10th Cir. 1981). “Did the National Transportation Safety Board Err in Overruling the Administrative Law Judge’s Direction That the Witness Hill, the Traffic Control Employee, Could Not Testify? The matter is subject to government regulation 49 C.F.R. § 9.5 , which provides in pertinent part as…”
In Re: M/V BAYLOR TREGRE Case electronically transferred to United States Dist. Court for the E. Dist. of Louisiana. (S.D. Tex. 2025). “Those regulations further provide that employees 6 As Trinity observes: “Since Hebert has not identified the personnel he seeks to call as witnesses, there is no way of knowing whether they are even stationed in Texas at this point or when they might be re-assigned to another…”
In Re: m/v Baylor Tregre (E.D. La. 2025). “Those regulations further provide that employees 6 As Trinity observes: “Since Hebert has not identified the personnel he seeks to call as witnesses, there is no way of knowing whether they are even stationed in Texas at this point or when they might be re-assigned to another…”
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