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49 U.S.C. § 44718 — Structures interfering with air commerce or national security
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice.—** By regulation or by order when necessary, the Secretary of Transportation shall require a person to give adequate public notice, in the form and way the Secretary prescribes, of the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill when the notice will promote—
(1) safety in air commerce;
(2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports; or
(3) the interests of national security, as determined by the Secretary of Defense.
**(b) Studies.—**
(1) **In general.—** — Under regulations prescribed by the Secretary, if the Secretary decides that constructing or altering a structure may result in an obstruction of the navigable airspace, an interference with air or space navigation facilities and equipment or the navigable airspace, or, after consultation with the Secretary of Defense, an adverse impact on military operations and readiness, the Secretary of Transportation shall conduct an aeronautical study to decide the extent of any adverse impact on the safe and efficient use of the airspace, facilities, or equipment. In conducting the study, the Secretary shall—
(A) consider factors relevant to the efficient and effective use of the navigable airspace, including—
(i) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;
(ii) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;
(iii) the impact on existing public-use airports and aeronautical facilities;
(iv) the impact on planned public-use airports and aeronautical facilities;
(v) the
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Source file: Laws/federal/codes/united-states-code/title-49/section-44718-structures-interfering-with-air-commerce-or-national-security--ef67cf2dc2.md
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Source location: Title 49, Chapter 447, § 44718; chapter-447-safety-regulation.md
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**(a) Notice.—** By regulation or by order when necessary, the Secretary of Transportation shall require a person to give adequate public notice, in the form and way the Secretary prescribes, of the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill when the notice will promote—
(1) safety in air commerce;
(2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports; or
(3) the interests of national security, as determined by the Secretary of Defense.
**(b) Studies.—**
(1) **In general.—** — Under regulations prescribed by the Secretary, if the Secretary decides that constructing or altering a structure may result in an obstruction of the navigable airspace, an interference with air or space navigation facilities and equipment or the navigable airspace, or, after consultation with the Secretary of Defense, an adverse impact on military operations and readiness, the Secretary of Transportation shall conduct an aeronautical study to decide the extent of any adverse impact on the safe and efficient use of the airspace, facilities, or equipment. In conducting the study, the Secretary shall—
(A) consider factors relevant to the efficient and effective use of the navigable airspace, including—
(i) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;
(ii) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;
(iii) the impact on existing public-use airports and aeronautical facilities;
(iv) the impact on planned public-use airports and aeronautical facilities;
(v) the cumulative impact resulting from the proposed construction or alteration of a structure when combined with the impact of other existing or proposed structures;
(vi) the impact on launch and reentry for launch and reentry vehicles arriving or departing from a launch site or reentry site licensed by the Secretary of Transportation; and
(vii) other factors relevant to the efficient and effective use of navigable airspace; and
(B) include the finding made by the Secretary of Defense under subsection (f).
(2) **Report.—** — On completing the study, the Secretary of Transportation shall issue a report disclosing the extent of the—
(A) adverse impact on the safe and efficient use of the navigable airspace that the Secretary finds will result from constructing or altering the structure; and
(B) unacceptable risk to the national security of the United States, as determined by the Secretary of Defense under subsection (f).
(3) **Severability.—** — A determination by the Secretary of Transportation on hazard to air navigation under this section shall remain independent of a determination of unacceptable risk to the national security of the United States by the Secretary of Defense under subsection (f).
**(c) Broadcast Applications and Tower Studies.—** In carrying out laws related to a broadcast application and conducting an aeronautical study related to broadcast towers, the Administrator of the Federal Aviation Administration and the Federal Communications Commission shall take action necessary to coordinate efficiently—
(1) the receipt and consideration of, and action on, the application; and
(2) the completion of any associated aeronautical study.
**(d) Limitation on Construction of Landfills.—**
(1) **In general.—** — No person shall construct or establish a municipal solid waste landfill (as defined in section 258.2 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of this subsection) that receives putrescible waste (as defined in section 257.3–8 of such title) within 6 miles of a public airport that has received grants under chapter 471 and is primarily served by general aviation aircraft and regularly scheduled flights of aircraft designed for 60 passengers or less unless the State aviation agency of the State in which the airport is located requests that the Administrator of the Federal Aviation Administration exempt the landfill from the application of this subsection and the Administrator determines that such exemption would have no adverse impact on aviation safety.
(2) **Limitation on applicability.—** — Paragraph (1) shall not apply in the State of Alaska and shall not apply to the construction, establishment, expansion, or modification of, or to any other activity undertaken with respect to, a municipal solid waste landfill if the construction or establishment of the landfill was commenced on or before the date of the enactment of this subsection.
**(e) Review of Aeronautical Studies.—** The Administrator of the Federal Aviation Administration shall develop procedures to allow the Department of Defense and the Department of Homeland Security to review and comment on an aeronautical study conducted pursuant to subsection (b) prior to the completion of the study.
**(f) National Security Finding.—** As part of an aeronautical study conducted under subsection (b) and in accordance with [section 183a(e) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section183a/e&num=0&edition=prelim), the Secretary of Defense shall—
(1) make a finding on whether the construction, alteration, establishment, or expansion of a structure or sanitary landfill included in the study would result in an unacceptable risk to the national security of the United States; and
(2) transmit the finding to the Secretary of Transportation for inclusion in the report required under subsection (b)(2).
**(g) Special Rule for Identified Geographic Areas.—** In the case of a proposed structure to be located within a geographic area identified under [section 183a(d)(2)(B) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section183a/d/2/B&num=0&edition=prelim), the Secretary of Transportation may not issue a determination pursuant to this section until the Secretary of Defense issues a finding under [section 183a(e) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section183a/e&num=0&edition=prelim), the Secretary of Defense advises the Secretary of Transportation that no finding under [section 183a(e) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section183a/e&num=0&edition=prelim) will be forthcoming, or 180 days have lapsed since the project was filed with the Secretary of Transportation pursuant to this section, whichever occurs first.
**(h) Definitions.—** In this section, the terms “adverse impact on military operations and readiness” and “unacceptable risk to the national security of the United States” have the meaning given those terms in [section 183a(h) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section183a/h&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—**
(1) The Secretary of Defense shall establish a Military Aviation and Installation Assurance Siting Clearinghouse (in this section referred to as the “Clearinghouse”).
(2) The Clearinghouse shall be—
(A) organized under the authority, direction, and control of an Assistant Secretary of Defense designated by the Secretary; and
(B) assigned such personnel and resources as the Secretary considers appropriate to carry out this section.
**(b) Functions.—**
(1) The Clearinghouse shall coordinate Department of Defense review of applications for energy projects or antenna structure projects filed with the Secretary of Transportation pursuant to [section 44718 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44718&num=0&edition=prelim) and received by the Department of Defense from the Secretary of Transportation. In performing such coordination, the Clearinghouse shall provide procedures to ensure affected local military installations are consulted.
(2) The Clearinghouse shall accelerate the development of planning tools necessary to determine the acceptability to the Department of Defense of proposals included in an application for an energy project or antenna structure project submitted pursuant to such section.
(3) The Clearinghouse shall perform such other functions as the Secretary of Defense assigns.
**(c) Review of Proposed Actions.—**
(1) Not later than 75 days after receiving from the Secretary of Transportation a proper application for an energy project or antenna structure project under [section 44718 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44718&num=0&edition=prelim) that may have an adverse impact on military operations and readiness, the Cl
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 183a
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Federal law — U.S. Code and appendices · legal_authorities
Page 1357
TITLE 49—TRANSPORTATION
§ 44718
provide foreign air transportation to and from
the United States; and
(B) will provide passengers of those foreign
air carriers with the same level of safety that
will be provided passengers of air carriers by
carrying out this section.
(2) Not later than September 30, 1994, the Ad-
ministrator shall report to Congress on carrying
out this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1199.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44717(a) ......
49 App.:1421 (note).
Oct. 28, 1991, Pub. L. 102–143,
§§ 402(a), (b)(1), (c)–(e), 405,
105 Stat. 951, 952.
44717(b) ......
49 App.:1421 (note).
Oct. 28, 1991, Pub. L. 102–143,
§ 402(b)(2), (3), 105 Stat.
951.
44717(c) ......
49 App.:1421 (note).
Oct. 28, 1991, Pub. L. 102–143,
§ 403, 105 Stat. 952.
44717(d) ......
49 App.:1421 (note).
Oct. 28, 1991, Pub. L. 102–143,
§ 404, 105 Stat. 952.
In subsections (a) and (c), before clause (1), the words
‘‘Not later than 180 days after the date of the enact-
ment of this title’’ are omitted as obsolete.
In subsection (a), before clause (1), the text of section
405 of the Department of Transportation and Related
Agencies Appropriations Act, 1992 (Public Law 102–143,
105 Stat. 952) is omitted as surplus because the com-
plete name of the Administrator of the Federal Avia-
tion Administration is used the first time the term ap-
pears in a section. The word ‘‘regulations’’ is sub-
stituted for ‘‘rule’’ because the terms are synonymous.
In clauses (2)–(4), the words ‘‘required by the rule’’ are
omitted as surplus. In clause (2), the words ‘‘structure,
skin, and other’’ are omitted as surplus. In clause (3),
the words ‘‘inspection, maintenance, and othe
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44718
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.