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49 U.S.C. § 40103 — Sovereignty and use of airspace

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40103 — Sovereignty and use of airspace

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Stable record: federal_law:legal_authorities:record_usc_f10f4489c5d902dcc84e405a
Source file: Laws/federal/codes/united-states-code/title-49/section-40103-sovereignty-and-use-of-airspace--00b65df9e7.md
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Source location: Title 49, Chapter 401, § 40103; chapter-401-general-provisions.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section792&num=0&edition=prelim)) 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 individuals with disabilities. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/a/1&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41703&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 792 — Interagency Committee

**(a) Establishment; membership; meetings** (1) In order to promote coordination and cooperation among Federal departments and agencies conducting disability, independent living, and rehabilitation research programs, including programs relating to assistive technology research and research that incorporates the principles of universal design, there is established within the Federal Government an Interagency Committee on Disability Research (hereinafter in this section referred to as the “Committee”), chaired by the Secretary, or the Secretary’s designee, and comprised of such members as the President may designate, including the following (or their designees): the Director, the Commissioner of the Rehabilitation Services Administration, the Assistant Secretary for Special Education and Rehabilitative Services, the Assistant Secretary of Labor for Disability Employment Policy, the Secretary of Defense, the Administrator of the Administration for Community Living, the Secretary of Education, the Secretary of Veterans Affairs, the Director of the National Institutes of Health, the Director of the National Institute of Mental Health, the Administrator of the National Aeronautics and Space Administration, the Secretary of Transportation, the Assistant Secretary of the Interior for Indian Affairs, the Director of the Indian Health Service, the Director of the National Science Foundation and the Administrator of the Small Business Administration. (2) The Committee shall meet not less than four times each year, and for not less than 1 of such meetings at least every 2 years, the Committee shall invite policymakers, representatives from other Federal agencies conducting relevant research, individuals with disabilities, organizations representing individuals with disabilities,

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 792

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7111 — Exclusive recognition of labor organizations

**(a)** An agency shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election. **(b)** If a petition is filed with the Authority— (1) by any person alleging— (A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or (B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege that the exclusive representative is no longer the representative of the majority of the employees in the unit; or (2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation; the Authority shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Authority finds on the record of the hearing that a question of representation exists, the Authority shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any appropriate unit or in any subdivision thereof within which, in the preceding 12 calendar months, a valid election under this subsection has been held. **(c)** A labor organization which— (1) has been designated by at least 10 percent of the employees in the unit specified in any petition file

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7111

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41703 — Navigation of foreign civil aircraft

**(a) Permitted Navigation.—** A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States only— (1) if the country of registry grants a similar privilege to aircraft of the United States; (2) by an airman holding a certificate or license issued or made valid by the United States Government or the country of registry; (3) if the Secretary of Transportation authorizes the navigation; and (4) if the navigation is consistent with terms the Secretary may prescribe. **(b) Requirements for Authorizing Navigation.—** The Secretary may authorize navigation under this section only if the Secretary decides the authorization is— (1) in the public interest; and (2) consistent with any agreement between the Government and the government of a foreign country. **(c) Providing Air Commerce.—** The Secretary may authorize an aircraft permitted to navigate in the United States under this section to provide air commerce in the United States. However, the aircraft may take on for compensation, at a place in the United States, passengers or cargo destined for another place in the United States only if— (1) specifically authorized under [section 40109(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40109/g&num=0&edition=prelim); or (2) under regulations the Secretary prescribes authorizing air carriers to provide otherwise authorized air transportation with foreign registered aircraft under lease or charter to them without crew. **(d) Permit Requirements Not Affected.—** This section does not affect section 41301 or 41302 of this title. However, a foreign air carrier holding a permit under section 41302 does not need to obtain additional authorization under this section for an operation

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41703

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44802 — Integration of civil unmanned aircraft systems into national airspace system

**(a) Required Planning for Integration.—** (1) **Comprehensive plan.—** — Not later than November 10, 2012,11 See Prior Provisions note below. the Secretary of Transportation, in consultation with representatives of the aviation industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft systems industry, shall develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system. (2) **Contents of plan.—** — The plan required under paragraph (1) shall contain, at a minimum, recommendations or projections on— (A) the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will— (i) define the acceptable standards for operation and certification of civil unmanned aircraft systems; (ii) ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and (iii) establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registration and licensing; (B) the best methods to enhance the technologies and subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft systems in the national airspace system; (C) a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system; (D) a timeline for the phased-in approach described under subparagraph (C); (E) creation of a safe airspace designation for cooperative manned and unmanned flight operations in the national airspace system; (F) establishment of a process to develop certification, flight standards, and air traffic requirements for civil

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44802

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44812 — Temporary flight restrictions for unmanned aircraft

**(a) In General.—** (1) **Temporary flight restrictions.—** — The Administrator of the Federal Aviation Administration shall, upon the request by an eligible entity, temporarily restrict unmanned aircraft operations over eligible large public gatherings. (2) **Denial.—** — Notwithstanding paragraph (1), the Administrator may deny a request for a temporary flight restriction sought under paragraph (1) if— (A) the temporary flight restriction would be inconsistent with aviation safety or security, would create a hazard to people or property on the ground, or would unnecessarily interfere with the efficient use of the airspace; (B) the entity seeking the temporary flight restriction does not comply with the requirements in subsection (b); (C) the eligibility requirements in subsections (c) and (d) have not been met; (D) a flight restriction exists to the airspace overlying the same location as the temporary flight restriction sought under this section; or (E) the Administrator determines appropriate for any other reason. **(b) Requirements.—** (1) **Advance notice.—** — Eligible entities may only request a temporary flight restriction under subsection (a) not less than 30 calendar days prior to the eligible large public gathering. (2) **Required information.—** — Eligible entities seeking a temporary flight restriction under this section shall provide the Administrator with all relevant information, including the following: (A) Geographic boundaries of the stadium or other venue hosting the eligible large public gathering, as applicable. (B) The dates and anticipated starting and ending times for the large public gathering. (C) Points of contact for the requesting eligible entity and the on-scene incident command responsible for securing the l

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44812

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 792 — Architectural and Transportation Barriers

Page 292 TITLE 29—LABOR § 792 1 So in original. Probably should be ‘‘Access Board’’. ard Form 256 (SF 256), issued by the Office of Personnel Management, or any replacements, updates, or revi- sions thereto. (c) Not less than 1 year after the date of this order and in consultation with the Equal Employment Oppor- tunity Commission, the Department of Labor, and the Office of Management and Budget, the Office of Per- sonnel Management shall review the effectiveness of the definition of targeted disability set forth in SF 256 and replace, update, or revise it as appropriate. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agen- cy, or the head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations, and shall not be construed to require any Federal employee to disclose disability status involun- tarily. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 792. Architectural and Transportation Barriers Compliance Board (a) Establishment; membership; chairperson; vice-chairperson; term of office; termination of membership; reappointment; compensa- tion and travel expenses; bylaws; quorum re- quirements (1) There is established within the Federal Government the Architectural and Transpor- tation Barri

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 792

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40103 — Sovereignty and use of airspace

Page 1054 TITLE 49—TRANSPORTATION § 40103 Subsec. (a)(29) to (47). Pub. L. 108–176, § 225(a), added pars. (29), (31), (34), (36), and (42) and redesignated former pars. (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), and (42) as (30), (32), (33), (35), (37), (38), (39), (40), (41), (43), (44), (45), (46), and (47), respec- tively. 2000—Subsec. (a)(37). Pub. L. 106–181, § 702(a), amended par. (37) generally, revising and restating provisions de- fining ‘‘public aircraft’’ to include references to quali- fications found in section 40125(b) and (c). Subsec. (a)(42). Pub. L. 106–181, § 301, added par. (42). 1997—Subsec. (a)(37)(A). Pub. L. 105–137 struck out ‘‘or’’ at end of cl. (i), added cl. (ii), and redesignated former cl. (ii) as (iii). 1994—Subsec. (a)(30). Pub. L. 103–429 substituted ‘‘this subpart and subpart III’’ for ‘‘subparts I and III’’. Subsec. (a)(35). Pub. L. 103–305 struck out ‘‘for air transportation’’ after ‘‘charge’’. Subsec. (a)(37)(B). Pub. L. 103–411 added subpar. (B) and struck out former subpar. (B) which read as fol- lows: ‘‘does not include a government-owned aircraft transporting passengers or property for commercial purposes.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1994 AMENDMENTS Amendment by Pub. L. 103–4

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 40103

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