49 U.S. Code § 40103 - Sovereignty and use of airspace

§ 40103.

Sovereignty and use of airspace

(a)Sovereignty and Public Right of Transit.—

(1)

The United States Government has exclusive sovereignty of airspace of the United States.

(2)

A citizen of the United States has a public right of transit through the navigable airspace. To further that right, the Secretary of Transportation shall consult with the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) before prescribing a regulation or issuing an order or procedure that will have a significant impact on the accessibility of commercial airports or commercial air transportation for handicapped individuals.

(b)Use of Airspace.—

(1)

The Administrator of the Federal Aviation Administration shall develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. The Administrator may modify or revoke an assignment when required in the public interest.

(2) The Administrator shall prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for—

(A)

navigating, protecting, and identifying aircraft;

(B)

protecting individuals and property on the ground;

(C)

using the navigable airspace efficiently; and

(D)

preventing collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects.

(3) To establish security provisions that will encourage and allow maximum use of the navigable airspace by civil aircraft consistent with national security, the Administrator, in consultation with the Secretary of Defense, shall—

(A)

establish areas in the airspace the Administrator decides are necessary in the interest of national defense; and

(B)

by regulation or order, restrict or prohibit flight of civil aircraft that the Administrator cannot identify, locate, and control with available facilities in those areas.

(4)

Notwithstanding the military exception in section 553(a)(1) of title 5, subchapter II of chapter 5 of title 5 applies to a regulation prescribed under this subsection.

(c)Foreign Aircraft.—

A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States as provided in section 41703 of this title.

(d)Aircraft of Armed Forces of Foreign Countries.—

Aircraft of the armed forces of a foreign country may be navigated in the United States only when authorized by the Secretary of State.

(e)No Exclusive Rights at Certain Facilities.—A person does not have an exclusive right to use an air navigation facility on which Government money has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if—

(1)

it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and

(2)

allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1101.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40103(a)(1)	49 App.:1508(a) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §§ 307(a), (c), (d), 308(a) (3d sentence), 1108(a), 1201, 1202, 72 Stat. 749, 750, 751, 798, 800.
40103(a)(2)	49 App.:1304.	Aug. 23, 1958, Pub. L. 85–726, § 104, 72 Stat. 740; Oct. 4, 1984, Pub. L. 98–443, § 14, 98 Stat. 1711.
	49 App.:1551(b)(1)(E).	Aug. 28, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.
40103(b)(1)	49 App.:1348(a).
	49 App.:1655(c)(1).	Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
40103(b)(2)	49 App.:1348(c).
	49 App.:1655(c)(1).
40103(b)(3)	49 App.:1521.
	49 App.:1522.
	49 App.:1655(c)(1).
40103(b)(4)	49 App.:1348(d).
40103(c)	(no source).
40103(d)	49 App.:1508(a) (last sentence).
40103(e)	49 App.:1349(a) (3d sentence).
	49 App.:1349(a) (last sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 308(a) (last sentence); added Sept. 3, 1982, Pub. L. 97–248, § 524(a)(1), 96 Stat. 695.

In subsection (a)(1), the word “has” is substituted for “is declared to possess and exercise complete and” to eliminate surplus words. The word “national” is omitted as surplus. The text of 49 App.:1508(a) (1st sentence words after 1st comma) is omitted as surplus.

In subsection (a)(2), the words “of the United States” are omitted for consistency in the revised title and because of the definition of “navigable airspace” in section 40102(a) of the revised title. The words “or amending” are omitted as surplus.

In subsection (b), the word “Administrator” in section 307(a), (c), and (d) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 749, 750) is retained on authority of 49:106(g).

In subsection (b)(1) and (3)(B), the word “rule” is omitted as being synonymous with “regulation”.

In subsection (b)(1), the words “under such terms, conditions, and limitations as he may deem” are omitted as surplus. The words “In the exercise of his authority under section 1348(a) of this Appendix” in 49 App.:1522 are omitted as unnecessary because of the restatement.

In subsection (b)(2), before clause (A), the word “shall” is substituted for “is further authorized and directed” for consistency in the revised title and to eliminate unnecessary words.

In subsection (b)(3), before clause (A), the words “In the exercise of his authority under section 1348(a) of this Appendix” in 49 App.:1522 are omitted as surplus. The word “navigable” is added for clarity and consistency. In clause (A), the words “such zones or” are omitted as surplus.

In subsection (b)(4), the words “the military exception” are substituted for “any exception relating to military or naval functions” to eliminate unnecessary words and because “naval” is included in “military”. The words “applies to a regulation prescribed under” are substituted for “In the exercise of the rulemaking authority . . . the Secretary of Transportation shall be subject to” to eliminate unnecessary words and because “rules” and “regulations” are synonymous.

Subsection (c) is added for clarity.

In subsection (d), the words “including the Canal Zone” are omitted because of the Panama Canal Treaty of 1977.

In subsection (e), before clause (1), the words “any landing area” are omitted as being included in the definition of “air navigation facility” in section 40102(a) of the revised title. The word “only” is added for clarity. In clause (2), the words “on September 3, 1982” are added for clarity.

Regulations

Pub. L. 85–726, title VI, § 613(a), (b), as added by Pub. L.101–508, title IX, § 9124, Nov. 5, 1990, 104 Stat. 1388–370, provided that:

“(a)National Disaster Areas.—

Before the 180th day following the date of the enactment of this section [Nov. 5, 1990], the Administrator, for safety and humanitarian reasons, shall issue such regulations as may be necessary to prohibit or otherwise restrict aircraft overflights of any inhabited area which has been declared a national disaster area in the State of Hawaii.

“(b)Exceptions.—

Regulations issued pursuant to subsection (a) shall not be applicable in the case of aircraft overflights involving an emergency or a ligitimate [sic] scientific purpose.”

National Airspace Redesign

Pub. L. 106–181, title VII, § 736, Apr. 5, 2000, 114 Stat. 171, provided that:

“(a)Findings.—Congress makes the following findings:

“(1)

The national airspace, comprising more than 29 million square miles, handles more than 55,000 flights per day.

“(2)

Almost 2,000,000 passengers per day traverse the United States through 20 major en route centers, including more than 700 different sectors.

“(3)

Redesign and review of the national airspace may produce benefits for the travelling public by increasing the efficiency and capacity of the air traffic control system and reducing delays.

“(4)

Redesign of the national airspace should be a high priority for the Federal Aviation Administration and the air transportation industry.

“(b)Redesign.—

The Administrator [of the Federal Aviation Administration], with advice from the aviation industry and other interested parties, shall conduct a comprehensive redesign of the national airspace system.

“(c)Report.—

Not later than December 31, 2000, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Administrator’s comprehensive national airspace redesign. The report shall include projected milestones for completion of the redesign and shall also include a date for completion.

“(d)Authorization.—

There is authorized to be appropriated to the Administrator to carry out this section $12,000,000 for each of fiscal years 2000, 2001, and 2002.”

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

14 CFR - Aeronautics and Space

14 CFR Part 11 - GENERAL RULEMAKING PROCEDURES

14 CFR Part 16 - RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS

14 CFR Part 45 - IDENTIFICATION AND REGISTRATION MARKING

14 CFR Part 71 - DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

14 CFR Part 73 - SPECIAL USE AIRSPACE

14 CFR Part 77 - SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE

14 CFR Part 91 - GENERAL OPERATING AND FLIGHT RULES

14 CFR Part 93 - SPECIAL AIR TRAFFIC RULES

14 CFR Part 95 - IFR ALTITUDES

14 CFR Part 97 - STANDARD INSTRUMENT PROCEDURES

14 CFR Part 99 - SECURITY CONTROL OF AIR TRAFFIC

14 CFR Part 101 - MOORED BALLOONS, KITES, AMATEUR ROCKETS, UNMANNED FREE BALLOONS, AND CERTAIN MODEL AIRCRAFT

14 CFR Part 103 - ULTRALIGHT VEHICLES

14 CFR Part 110 - GENERAL REQUIREMENTS

14 CFR Part 119 - CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

14 CFR Part 120 - DRUG AND ALCOHOL TESTING PROGRAM

14 CFR Part 137 - AGRICULTURAL AIRCRAFT OPERATIONS

14 CFR Part 157 - NOTICE OF CONSTRUCTION, ALTERATION, ACTIVATION, AND DEACTIVATION OF AIRPORTS

14 CFR Part 169 - EXPENDITURE OF FEDERAL FUNDS FOR NONMILITARY AIRPORTS OR AIR NAVIGATION FACILITIES THEREON

14 CFR Part 170 - ESTABLISHMENT AND DISCONTINUANCE CRITERIA FOR AIR TRAFFIC CONTROL SERVICES AND NAVIGATIONAL FACILITIES

14 CFR Part 171 - NON-FEDERAL NAVIGATION FACILITIES

14 CFR Part 200 - DEFINITIONS AND INSTRUCTIONS

14 CFR Part 201 - AIR CARRIER AUTHORITY UNDER SUBTITLE VII OF TITLE 49 OF THE UNITED STATES CODE - [AMENDED]

14 CFR Part 203 - WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES

14 CFR Part 204 - DATA TO SUPPORT FITNESS DETERMINATIONS

14 CFR Part 205 - AIRCRAFT ACCIDENT LIABILITY INSURANCE

14 CFR Part 206 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: SPECIAL AUTHORIZATIONS AND EXEMPTIONS

14 CFR Part 211 - APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS

14 CFR Part 213 - TERMS, CONDITIONS AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS

14 CFR Part 215 - USE AND CHANGE OF NAMES OF AIR CARRIERS, FOREIGN AIR CARRIERS AND COMMUTER AIR CARRIERS

14 CFR Part 216 - COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS

14 CFR Part 232 - TRANSPORTATION OF MAIL, REVIEW OF ORDERS OF POSTMASTER GENERAL

14 CFR Part 249 - PRESERVATION OF AIR CARRIER RECORDS

14 CFR Part 271 - GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION

14 CFR Part 272 - ESSENTIAL AIR SERVICE TO THE FREELY ASSOCIATED STATES

14 CFR Part 294 - CANADIAN CHARTER AIR TAXI OPERATORS

14 CFR Part 296 - INDIRECT AIR TRANSPORTATION OF PROPERTY

14 CFR Part 297 - FOREIGN AIR FREIGHT FORWARDERS AND FOREIGN COOPERATIVE SHIPPERS ASSOCIATIONS

14 CFR Part 300 - RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER

14 CFR Part 302 - RULES OF PRACTICE IN PROCEEDINGS

14 CFR Part 303 - REVIEW OF AIR CARRIER AGREEMENTS

14 CFR Part 305 - RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS

14 CFR Part 313 - IMPLEMENTATION OF THE ENERGY POLICY AND CONSERVATION ACT

14 CFR Part 323 - TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE

14 CFR Part 325 - ESSENTIAL AIR SERVICE PROCEDURES

14 CFR Part 372 - OVERSEAS MILITARY PERSONNEL CHARTERS

14 CFR Part 374 - IMPLEMENTATION OF THE CONSUMER CREDIT PROTECTION ACT WITH RESPECT TO AIR CARRIERS AND FOREIGN AIR CARRIERS

14 CFR Part 374a - EXTENSION OF CREDIT BY AIRLINES TO FEDERAL POLITICAL CANDIDATES

14 CFR Part 375 - NAVIGATION OF FOREIGN CIVIL AIRCRAFT WITHIN THE UNITED STATES

14 CFR Part 377 - CONTINUANCE OF EXPIRED AUTHORIZATIONS BY OPERATION OF LAW PENDING FINAL DETERMINATION OF APPLICATIONS FOR RENEWAL THEREOF

14 CFR Part 385 - STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS

14 CFR Part 398 - GUIDELINES FOR INDIVIDUAL DETERMINATIONS OF BASIC ESSENTIAL AIR SERVICE

14 CFR Part 399 - STATEMENTS OF GENERAL POLICY

49 CFR - Transportation

49 CFR Part 800 - ADMINISTRATIVE RULES

49 CFR Part 831 - ACCIDENT/INCIDENT INVESTIGATION PROCEDURES

49 CFR Part 837 - PRODUCTION OF RECORDS IN LEGAL PROCEEDINGS

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