49 U.S.C. § 40102 — Definitions

Page 1049 TITLE 49—TRANSPORTATION § 40102 the development of requirements and capabilities to address tracking and other activities relating to non- cooperative aircraft in consultation with the Sec- retary of Homeland Security, as appropriate; (b) the Secretary of Commerce shall: (i) develop and make available, as appropriate, the capabilities of the Department of Commerce, includ- ing those relating to aviation weather and spectrum management, to support the NextGen; and (ii) take appropriate account of the needs of the NextGen in the trade, commerce, and other activities of the Department of Commerce, including those re- lating to the development and setting of standards; (c) the Secretary of Homeland Security shall assist the Secretary of Transportation by ensuring that: (i) the NextGen includes the aviation-related secu- rity capabilities necessary to ensure the security of persons, property, and activities within the national air transportation system consistent with the poli- cies and plans established under applicable Presi- dential guidance; and (ii) the Department of Homeland Security shall continue to carry out all statutory and assigned re- sponsibilities relating to aviation security, border se- curity, and critical infrastructure protection in con- sultation with the Secretary of Defense, as appro- priate; (d) the Administrator of the National Aeronautics and Space Administration shall carry out the Adminis- trator’s duties under Executive Order 13419 of December 20, 2006, in a manner consistent with that order and the policy set forth in section 1 of this order; (e) the heads of executive departments and agencies shall provide to the Secretary of Transportation such information and assistance, including personnel and other resources for the Staff to which subsection 3(c) of this order refers, as may be necessary and appropriate to implement this order as agreed to by the heads of the departments and agencies involved; and (f) the Director of the Office of Management and Budget may issue such instructions as may be nec- essary to implement subsection 5(b) of this order. SEC. 5. Additional Functions of the Senior Policy Com- mittee. In addition to performing the functions specified in section 710 of the Act, the Committee shall: (a) report not less often than every 2 years to the President, through the Secretary of Transportation, on progress made and projected to implement the policy set forth in section 1 of this order, together with such recommendations including performance measures for administrative or other action as the Committee deter- mines appropriate; (b) review the proposals by the heads of executive de- partments and agencies to the Director of the Office of Management and Budget with respect to programs af- fecting the policy set forth in section 1 of this order, and make recommendations including performance measures thereon, through the Secretary of Transpor- tation, to the Director; and (c) advise the Secretary of Transportation and, through the Secretary of Transportation, the Secre- taries of Defense, Commerce, and Homeland Security, and the Administrator of the National Aeronautics and Space Administration, with respect to the activities of their departments and agencies in the implementation of the policy set forth in section 1 of this order. SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agency, or the head thereof; or (ii) functions of the Director of the Office of Man- agement and Budget relating to budget, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (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, instrumental- ities, or entities, its officers, employees, or agents, or any other person. GEORGE W. BUSH. § 40102. Definitions (a) GENERAL DEFINITIONS.—In this part— (1) ‘‘aeronautics’’ means the science and art of flight. (2) ‘‘air carrier’’ means a citizen of the United States undertaking by any means, di- rectly or indirectly, to provide air transpor- tation. (3) ‘‘air commerce’’ means foreign air com- merce, interstate air commerce, the transpor- tation of mail by aircraft, the operation of air- craft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or inter- state air commerce. (4) ‘‘air navigation facility’’ means a facility used, available for use, or designed for use, in aid of air navigation, including— (A) a landing area; (B) runway lighting and airport surface visual and other navigation aids; (C) apparatus, equipment, software, or service for distributing aeronautical and me- teorological information to air traffic con- trol facilities or aircraft; (D) communication, navigation, or surveil- lance equipment for air-to-ground or air-to- air applications; (E) any structure, equipment, or mecha- nism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and (F) buildings, equipment, and systems dedicated to the national airspace system. (5) ‘‘air transportation’’ means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. (6) ‘‘aircraft’’ means any contrivance in- vented, used, or designed to navigate, or fly in, the air. (7) ‘‘aircraft engine’’ means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller. (8) ‘‘airman’’ means an individual— (A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way; (B) except to the extent the Administrator of the Federal Aviation Administration may provide otherwise for individuals employed outside the United States, who is directly in charge of inspecting, maintaining, over- hauling, or repairing aircraft, aircraft en- gines, propellers, or appliances; or (C) who serves as an aircraft dispatcher or air traffic control-tower operator. (9) ‘‘airport’’ means a landing area used reg- ularly by aircraft for receiving or discharging passengers or cargo. (10) ‘‘all-cargo air transportation’’ means the transportation by aircraft in interstate air transportation of only property or only mail, or both. (11) ‘‘appliance’’ means an instrument, equipment, apparatus, a part, an appur- Page 1050 TITLE 49—TRANSPORTATION § 40102 tenance, or an accessory used, capable of being used, or intended to be used, in operating or controlling aircraft in flight, including a para- chute, communication equipment, and another mechanism installed in or attached to aircraft during flight, and not a part of an aircraft, air- craft engine, or propeller. (12) ‘‘cargo’’ means property, mail, or both. (13) ‘‘charter air carrier’’ means an air car- rier holding a certificate of public convenience and necessity that authorizes it to provide charter air transportation. (14) ‘‘charter air transportation’’ means charter trips in air transportation authorized under this part. (15) ‘‘citizen of the United States’’ means— (A) an individual who is a citizen of the United States; (B) a partnership each of whose partners is an individual who is a citizen of the United States; or (C) a corporation or association organized under the laws of the United States or a State, the District of Columbia, or a terri- tory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is under the actual control of citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States. (16) ‘‘civil aircraft’’ means an aircraft except a public aircraft. (17) ‘‘civil aircraft of the United States’’ means an aircraft registered under chapter 441 of this title. (18) ‘‘conditional sales contract’’ means a contract— (A) for the sale of an aircraft, aircraft en- gine, propeller, appliance, or spare part, under which the buyer takes possession of the property but title to the property vests in the buyer at a later time on— (i) paying any part of the purchase price; (ii) performing another condition; or (iii) the happening of a contingency; or (B) to bail or lease an aircraft, aircraft en- gine, propeller, appliance, or spare part, under which the bailee or lessee— (i) agrees to pay an amount substan- tially equal to the value of the property; and (ii) is to become, or has the option of be- coming, the owner of the property on com- plying with the contract. (19) ‘‘conveyance’’ means an instrument, in- cluding a conditional sales contract, affecting title to, or an interest in, property. (20) ‘‘Federal airway’’ means a part of the navigable airspace that the Administrator des- ignates as a Federal airway. (21) ‘‘foreign air carrier’’ means a person, not a citizen of the United States, undertaking by any means, directly or indirectly, to provide foreign air transportation. (22) ‘‘foreign air commerce’’ means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation, between a place in the United States and a place outside the United States when any part of the trans- portation or operation is by aircraft. (23) ‘‘foreign air transportation’’ means the transportation of passengers or property by aircraft as a common carrier for compensa- tion, or the transportation of mail by aircraft, between a place in the United States and a place outside the United States when any part of the transportation is by aircraft. (24) ‘‘interstate air commerce’’ means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation— (A) between a place in— (i) a State, territory, or possession of the United States and a place in the District of Columbia or another State, territory, or possession of the United States; (ii) a State and another place in the same State through the airspace over a place outside the State; (iii) the District of Columbia and an- other place in the District of Columbia; or (iv) a territory or possession of the United States and another place in the same territory or possession; and (B) when any part of the transportation or operation is by aircraft. (25) ‘‘interstate air transportation’’ means the transportation of passengers or property by aircraft as a common carrier for compensa- tion, or the transportation of mail by air- craft— (A) between a place in— (i) a State, territory, or possession of the United States and a place in the District of Columbia or another State, territory, or possession of the United States; (ii) Hawaii and another place in Hawaii through the airspace over a place outside Hawaii; (iii) the District of Columbia and an- other place in the District of Columbia; or (iv) a territory or possession of the United States and another place in the same territory or possession; and (B) when any part of the transportation is by aircraft. (26) ‘‘intrastate air carrier’’ means a citizen of the United States undertaking by any means to provide only intrastate air transpor- tation. (27) ‘‘intrastate air transportation’’ means the transportation by a common carrier of passengers or property for compensation, en- tirely in the same State, by turbojet-powered aircraft capable of carrying at least 30 pas- sengers. (28) ‘‘landing area’’ means a place on land or water, including an airport or intermediate landing field, used, or intended to be used, for the takeoff and landing of aircraft, even when facilities are not provided for sheltering, serv- icing, or repairing aircraft, or for receiving or discharging passengers or cargo. Page 1051 TITLE 49—TRANSPORTATION § 40102 (29) ‘‘large hub airport’’ means a commercial service airport (as defined in section 47102) that has at least 1.0 percent of the passenger boardings. (30) ‘‘mail’’ means United States mail and foreign transit mail. (31) ‘‘medium hub airport’’ means a commer- cial service airport (as defined in section 47102) that has at least 0.25 percent but less than 1.0 percent of the passenger boardings. (32) ‘‘navigable airspace’’ means airspace above the minimum altitudes of flight pre- scribed by regulations under this subpart and subpart III of this part, including airspace needed to ensure safety in the takeoff and landing of aircraft. (33) ‘‘navigate aircraft’’ and ‘‘navigation of aircraft’’ include piloting aircraft. (34) ‘‘nonhub airport’’ means a commercial service airport (as defined in section 47102) that has less than 0.05 percent of the passenger boardings. (35) ‘‘operate aircraft’’ and ‘‘operation of air- craft’’ mean using aircraft for the purposes of air navigation, including— (A) the navigation of aircraft; and (B) causing or authorizing the operation of aircraft with or without the right of legal control of the aircraft. (36) ‘‘passenger boardings’’— (A) means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior calendar year on an aircraft in service in air commerce, as the Secretary determines under regulations the Secretary prescribes; and (B) includes passengers who continue on an aircraft in international flight that stops at an airport in the 48 contiguous States, Alas- ka, or Hawaii for a nontraffic purpose. (37) ‘‘person’’, in addition to its meaning under section 1 of title 1, includes a govern- mental authority and a trustee, receiver, as- signee, and other similar representative. (38) ‘‘predatory’’ means a practice that vio- lates the antitrust laws as defined in the first section of the Clayton Act (15 U.S.C. 12). (39) ‘‘price’’ means a rate, fare, or charge. (40) ‘‘propeller’’ includes a part, appur- tenance, and accessory of a propeller. (41) ‘‘public aircraft’’ means any of the fol- lowing: (A) Except with respect to an aircraft de- scribed in subparagraph (E), an aircraft used only for the United States Government, ex- cept as provided in section 40125(b). (B) An aircraft owned by the Government and operated by any person for purposes re- lated to crew training, equipment develop- ment, or demonstration, except as provided in section 40125(b). (C) An aircraft owned and operated by the government of a State, the District of Co- lumbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b). (D) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a ter- ritory or possession of the United States or a political subdivision of one of these gov- ernments, except as provided in section 40125(b). (E) An aircraft owned or operated by the armed forces or chartered to provide trans- portation or other commercial air service to the armed forces under the conditions speci- fied by section 40125(c). In the preceding sen- tence, the term ‘‘other commercial air serv- ice’’ means an aircraft operation that (i) is within the United States territorial air- space; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all appli- cable civil aircraft rules under title 14, Code of Federal Regulations. (F) An unmanned aircraft that is owned and operated by, or exclusively leased for at least 90 continuous days by, an Indian Tribal government, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5122), except as provided in section 40125(b). (42) ‘‘small hub airport’’ means a commer- cial service airport (as defined in section 47102) that has at least 0.05 percent but less than 0.25 percent of the passenger boardings. (43) ‘‘spare part’’ means an accessory, appur- tenance, or part of an aircraft (except an air- craft engine or propeller), aircraft engine (ex- cept a propeller), propeller, or appliance, that is to be installed at a later time in an aircraft, aircraft engine, propeller, or appliance. (44) ‘‘State authority’’ means an authority of a State designated under State law— (A) to receive notice required to be given a State authority under subpart II of this part; or (B) as the representative of the State be- fore the Secretary of Transportation in any matter about which the Secretary is re- quired to consult with or consider the views of a State authority under subpart II of this part. (45) ‘‘ticket agent’’ means a person (except an air carrier, a foreign air carrier, or an em- ployee of an air carrier or foreign air carrier) that as a principal or agent sells, offers for sale, negotiates for, or holds itself out as sell- ing, providing, or arranging for, air transpor- tation. (46) ‘‘United States’’ means the States of the United States, the District of Columbia, and the territories and possessions of the United States, including the territorial sea and the overlying airspace. (47) ‘‘air traffic control system’’ means the combination of elements used to safely and ef- ficiently monitor, direct, control, and guide aircraft in the United States and United States-assigned airspace, including— (A) allocated electromagnetic spectrum and physical, real, personal, and intellectual property assets making up facilities, equip- ment, and systems employed to detect, track, and guide aircraft movement; (B) laws, regulations, orders, directives, agreements, and licenses; Page 1052 TITLE 49—TRANSPORTATION § 40102 (C) published procedures that explain re- quired actions, activities, and techniques used to ensure adequate aircraft separation; (D) trained personnel with specific tech- nical capabilities to satisfy the operational, engineering, management, and planning re- quirements for air traffic control; and (E) systems, software, and hardware oper- ated, owned, and maintained by third parties that support or directly provide air naviga- tion information and air traffic management services with Administration approval. (b) LIMITED DEFINITION.—In subpart II of this part, ‘‘control’’ means control by any means. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1097; Pub. L. 103–305, title VI, § 601(b)(2)(B), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103–411, § 3(a), Oct. 25, 1994, 108 Stat. 4236; Pub. L. 103–429, § 6(46), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 105–137, § 6, Dec. 2, 1997, 111 Stat. 2641; Pub. L. 106–181, title III, § 301, title VII, § 702(a), Apr. 5, 2000, 114 Stat. 115, 155; Pub. L. 108–176, title II, § 225(a), title VIII, § 807, Dec. 12, 2003, 117 Stat. 2528, 2588; Pub. L. 110–181, div. A, title X, § 1078(a), Jan. 28, 2008, 122 Stat. 334; Pub. L. 112–95, title II, § 205, Feb. 14, 2012, 126 Stat. 39; Pub. L. 115–254, div. B, title III, § 355(a), Oct. 5, 2018, 132 Stat. 3305; Pub. L. 118–63, title II, § 215, May 16, 2024, 138 Stat. 1054.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 40102(a)(1) .. 49 App.:1301(2). Aug. 23, 1958, Pub. L. 85–726, §§ 101(2), (3) (less proviso), (5)–(10), 413, 72 Stat. 737, 770. 40102(a)(2) .. 49 App.:1301(3) (less proviso). 40102(a)(3) .. 49 App.:1301(4). Aug. 23, 1958, Pub. L. 85–726, § 101(4), 72 Stat. 737; Sept. 5, 1961, Pub. L. 87–197, § 3, 75 Stat. 467. 40102(a)(4) .. 49 App.:1301(8). 40102(a)(5) .. 49 App.:1301(10). 40102(a)(6), (7). 49 App.:1301(5), (6). 40102(a)(8) .. 49 App.:1301(7). 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. 40102(a)(9) .. 49 App.:1301(9). 40102(a)(10) 49 App.:1301(11). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 101(11); added Nov. 9, 1977, Pub. L. 95–163, § 17(b)(2), 91 Stat. 1286; restated Oct. 4, 1984, Pub. L. 98–443, § 9(a)(1), 98 Stat. 1706. 40102(a)(11) 49 App.:1301(12). Aug. 23, 1958, Pub. L. 85–726, § 101(12), (16)–(34), (37), (40), (41), 72 Stat. 737, 739; July 10, 1962, Pub. L. 87–528, § 1, 76 Stat. 143; Sept. 26, 1968, Pub. L. 90–514, § 1, 82 Stat. 867; Oct. 14, 1970, Pub. L. 91–449, § 1(2), 84 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, § 206, 88 Stat. 419; Nov. 9, 1977, Pub. L. 95–163, § 17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, § 2(a)(4), (b), 92 Stat. 1705. 40102(a)(12) (no source). 40102(a)(13) 49 App.:1301(14) (less certificate). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 101(14) (less certificate), (15); added Oct. 24, 1978, Pub. L. 95–504, § 2(a)(1), 92 Stat. 1705. 40102(a)(14) 49 App.:1301(15). 49 App.:1551(b)(1)(E). Aug. 23, 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. 40102(a) (15)–(18). 49 App.:1301(16)–(19). HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 40102(a)(19) 49 App.:1301(20). 40102(a)(20) 49 App.:1301(21). 49 App.:1655(c)(1). 40102(a)(21) 49 App.:1301(22). 40102(a)(22) 49 App.:1301(23) (re- lated to foreign air commerce). 40102(a)(23) 49 App.:1301(24) (re- lated to foreign air transpor- tation). 40102(a)(24) 49 App.:1301(23) (re- lated to inter- state and overseas air commerce). 40102(a)(25) 49 App.:1301(24) (re- lated to inter- state and overseas air transpor- tation). 49 App.:1305(b)(2), (d) (related to (b)(2)). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 105(b)(2), (d) (related to (b)(2)); added Oct. 24, 1978, Pub. L. 95–504, § 4(a), 92 Stat. 1708. 40102(a) (26)–(32). 49 App.:1301(25)–(31). 40102(a)(33) 49 App.:1301(32). 40102(a)(34) 49 App.:1301(35). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 101(35), (39); added Oct. 24, 1978, Pub. L. 95–504, § 2(a)(2), (3), (b), 92 Stat. 1705. 40102(a)(35) (no source). 40102(a)(36) 49 App.:1301(33), (34). 40102(a)(37) 49 App.:1301(36). Aug. 23, 1958, Pub. L. 85–726, § 101(36), 72 Stat. 739; Aug. 5, 1974, Pub. L. 93–366, § 206, 88 Stat. 419; Nov. 9, 1977, Pub. L. 95–163, § 17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, § 2, 92 Stat. 1705; Dec. 30, 1987, Pub. L. 100–223, § 207, 101 Stat. 1523. 40102(a)(38) 49 App.:1301(37). 40102(a)(39) 49 App.:1301(39). 40102(a)(40) 49 App.:1301(40). 40102(a)(41) 49 App.:1301(41). 40102(b) ...... 49 App.:1383. In subsection (a)(2), the words ‘‘by any means’’ are substituted for ‘‘whether . . . or by a lease or any other arrangement’’ to eliminate unnecessary words. The word ‘‘provide’’ is substituted for ‘‘engage in’’ for con- sistency in the revised title. In subsection (a)(3), the words ‘‘or navigation’’ are omitted as being included in the definition of ‘‘oper- ation of aircraft’’ in this subsection. In subsection (a)(4)(D), the words ‘‘having a similar purpose’’ are omitted as surplus. In subsection (a)(6), the words ‘‘now known or here- after’’ are omitted as surplus. In subsection (a)(7), the words ‘‘of the engine’’ are substituted for ‘‘thereof’’ for clarity. In subsection (a)(8)(A), the words ‘‘as the person’’ are omitted as surplus. In subsection (a)(10), the word ‘‘transportation’’ is substituted for ‘‘carriage’’ for consistency in the re- vised title. In subsection (a)(11), the words ‘‘of whatever descrip- tion’’ are omitted as surplus. The word ‘‘navigation’’ is omitted as being included in the definition of ‘‘operate aircraft’’ in this subsection. The words ‘‘or mecha- nisms’’ are omitted because of 1:1. Subsection (a)(12) is added for clarity to distinguish between cargo (which includes mail) and property (which does not include mail). In subsection (a)(13), the word ‘‘provide’’ is sub- stituted for ‘‘engage in’’ for consistency in the revised title. In subsection (a)(14), the words ‘‘including inclusive tour charter trips’’ are omitted as obsolete. The words ‘‘authorized under this part’’ are substituted for ‘‘ren- dered pursuant to authority conferred under this chap- ter under regulations prescribed by the Board’’ to eliminate unnecessary words. Page 1053 TITLE 49—TRANSPORTATION § 40102 In subsection (a)(15)(A), the words ‘‘or of one of its possessions’’ are omitted as being included in the defi- nition of ‘‘United States’’ in this subsection. In subsection (a)(15)(C), the words ‘‘created or’’ are omitted as being included in ‘‘organized’’. In subsection (a)(17), the words ‘‘chapter 441 of this title’’ are substituted for ‘‘this chapter’’ for clarity be- cause aircraft are registered only under chapter 441. In subsection (a)(18), the text of 49 App.:1301(19) (last sentence) is omitted as surplus. In subsection (a)(18)(A), before subclause (i), the words ‘‘title to’’ are added for clarity and consistency in this section. In subsection (a)(18)(B)(i), the words ‘‘as compensa- tion’’ are omitted as surplus. In subsection (a)(18)(B)(ii), the words ‘‘it is agreed that’’, ‘‘bound’’, ‘‘full’’, and ‘‘the terms of’’ are omitted as surplus. In subsection (a)(19), the words ‘‘bill of sale . . . mort- gage, assignment of mortgage, or other’’ are omitted as being included in ‘‘instrument’’. In subsection (a)(20), the words ‘‘of the United States’’ are omitted for consistency in the revised title and because of the definition of ‘‘navigable airspace’’ in this subsection. In subsection (a)(21), the words ‘‘by any means’’ are substituted for ‘‘whether . . . or by lease or any other arrangement’’ to eliminate unnecessary words. The word ‘‘provide’’ is substituted for ‘‘engage in’’ for con- sistency in the revised title. In subsection (a)(22)–(25) and (27), the words ‘‘trans- portation’’ and ‘‘passengers’’ are substituted for ‘‘car- riage’’ and ‘‘persons’’, respectively, for consistency in the revised title. The word ‘‘compensation’’ is sub- stituted for, and is coextensive with, ‘‘compensation or hire’’. In subsection (a)(22) and (24), the words ‘‘or naviga- tion’’ are omitted as being included in the definition of ‘‘operation of aircraft’’ in this subsection. The words ‘‘the conduct or’’ and ‘‘in commerce’’ are omitted as surplus. The words ‘‘when any part of the transpor- tation or operation is by aircraft’’ are substituted for 49 App.:1301(23) (words after last semicolon) to elimi- nate unnecessary words. In subsection (a)(23) and (25), the words ‘‘in com- merce’’ are omitted as surplus. The words ‘‘when any part of the transportation is by aircraft’’ are sub- stituted for 49 App.:1301(24) (words after last semicolon) to eliminate unnecessary words. In subsection (a)(24), (25), and (27), the words ‘‘of the United States’’ are omitted as surplus. In subsection (a)(24)(A)(i) and (25)(A)(i), the words ‘‘or the District of Columbia’’ the first time they appear are omitted as surplus. In subsection (a)(25)(A)(ii), the text of 49 App.:1301(24)(a) (words between semicolons) is omitted because 49 App.:1305(b)(2) removes the subject matter of the text from the definition. See H. Rept. No. 95–1211, 95th Cong., 2d Sess., p.16 (1978). In subsection (a)(26), the words ‘‘by any means’’ are substituted for ‘‘whether . . . or by a lease or any other arrangement’’ to eliminate unnecessary words. The word ‘‘provide’’ is substituted for ‘‘engage’’ for consist- ency in the revised title. In subsection (a)(28), the word ‘‘place’’ is substituted for ‘‘locality’’ for consistency in the revised title. In subsection (a)(32)(B), the words ‘‘(in the capacity of owner, lessee, or otherwise)’’ are omitted as surplus. In subsection (a)(33), the words ‘‘in addition to its meaning under section 1 of title 1’’ are substituted for ‘‘any individual, firm, copartnership, corporation, com- pany, association, joint stock association’’ for clarity because 1:1 is applicable to all laws unless otherwise provided. The words ‘‘governmental authority’’ are sub- stituted for ‘‘body politic’’ for consistency in the re- vised title and with other titles of the United States Code. Subsection (a)(35) is added to eliminate repetition of the words ‘‘rates, fares, or charges’’ throughout this part. In subsection (a)(36), the text of 49 App.:1301(34) (1st sentence) is omitted as obsolete. Reference to the Canal Zone is omitted because of the Panama Canal Treaty of 1977. The text of 49 App.:1301(34) (last sen- tence) is omitted because of 48:734. Subsection (a)(37)(A)(i) is substituted for ‘‘used exclu- sively in the service of any government’’ and ‘‘For pur- poses of this paragraph, ‘used exclusively in the service of’ means, for other than the Federal Government’’ for clarity and to eliminate unnecessary words. Subsection (a)(37)(A)(ii) is substituted for ‘‘used ex- clusively in the service of any government or of any po- litical subdivision thereof, including the government of any State, Territory, or possession of the United States, or the District of Columbia’’ and ‘‘For purposes of this paragraph, ‘used exclusively in the service of’ means, for other than the Federal Government, an air- craft which is owned and operated by a governmental entity for other than commercial purposes or which is exclusively leased by such governmental entity for not less than 90 continuous days’’ for clarity and to elimi- nate unnecessary words. In subsection (a)(37)(B), the words ‘‘transporting pas- sengers or property’’ are substituted for ‘‘engaged in carrying persons or property’’ for consistency in the re- vised title. In subsection (a)(38), the words ‘‘that is to be in- stalled at a later time’’ are substituted for ‘‘maintained for installation or use . . . but which at the time are not installed therein or attached thereto’’ to eliminate unnecessary words. In subsection (a)(39), the word ‘‘authority’’ is sub- stituted for ‘‘agency’’ and ‘‘entity’’ for consistency in the revised title. Before subclause (A), the words ‘‘de- partment, agency, officer, or other’’ are omitted as being included in ‘‘authority’’. In subsection (a)(40), the words ‘‘bona fide’’ and ‘‘by solicitation, advertisement, or otherwise’’ are omitted as surplus. The words ‘‘furnishes, contracts’’ are omit- ted as being included in ‘‘providing, or arranging’’. In subsection (a)(41), the words ‘‘States of the United States’’ are substituted for ‘‘several States’’, and the word ‘‘sea’’ is substituted for ‘‘waters’’, for consistency in the revised title and with other titles of the Code. Subsection (b) is substituted for 49 App.:1383 to elimi- nate unnecessary words. PUB. L. 103–429 This makes a conforming amendment for consistency with the style of title 49. Editorial Notes AMENDMENTS 2024—Subsec. (a)(47)(E). Pub. L. 118–63 added subpar. (E). 2018—Subsec. (a)(41)(F). Pub. L. 115–254 added subpar. (F). 2012—Subsec. (a)(4). Pub. L. 112–95 added subpars. (B) to (D), redesignated former subpar. (D) as (E) and sub- stituted ‘‘any structure, equipment,’’ for ‘‘another structure’’ and ‘‘; and’’ for period at end, added subpar. (F), and struck out former subpars. (B) and (C) which read as follows: ‘‘(B) a light; ‘‘(C) apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or other electromagnetic communication; and’’. 2008—Subsec. (a)(41)(E). Pub. L. 110–181 inserted ‘‘or other commercial air service’’ after ‘‘transportation’’ and inserted at end ‘‘In the preceding sentence, the term ‘other commercial air service’ means an aircraft operation that (i) is within the United States terri- torial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must com- ply with all applicable civil aircraft rules under title 14, Code of Federal Regulations.’’ 2003—Subsec. (a)(15)(C). Pub. L. 108–176, § 807, inserted ‘‘which is under the actual control of citizens of the United States,’’ before ‘‘and in which’’. 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. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. Amendment by Pub. L. 103–411 effective on the 180th day following Oct. 25, 1994, see section 3(d) of Pub. L. 103–411, set out as a note under section 1131 of this title. Amendment by Pub. L. 103–305 effective Jan. 1, 1995, see section 601(d) of Pub. L. 103–305, set out as a note under section 10521 of this title. DEFINITIONS OF TERMS IN PUB. L. 107–71 Pub. L. 107–71, title I, § 133, Nov. 19, 2001, 115 Stat. 636, provided that: ‘‘Except as otherwise explicitly pro- vided, any term used in this title [see Tables for classi- fication] that is defined in section 40102 of title 49, United States Code, has the meaning given that term in that section.’’ DEFINITIONS APPLICABLE TO PUB. L. 106–181 Pub. L. 106–181, § 4, Apr. 5, 2000, 114 Stat. 64, provided that: ‘‘Except as otherwise provided in this Act [see Ta- bles for classification], the following definitions apply: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Aviation Ad- ministration. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’ DEFINITIONS APPLICABLE TO PUB. L. 103–305 Pub. L. 103–305, § 2, Aug. 23, 1994, 108 Stat. 1570, pro- vided that: ‘‘In this Act [see Short Title of 1994 Amend- ment note set out under section 40101 of this title], the following definitions apply: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Aviation Ad- ministration. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’ Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 40103. Sovereignty and use of airspace (a) SOVEREIGNTY AND PUBLIC RIGHT OF TRAN- SIT.—(1) The United States Government has ex- clusive 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 Trans- portation shall consult with the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilita- tion 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 acces- sibility of commercial airports or commercial air transportation for individuals with disabil- ities. (b) USE OF AIRSPACE.—(1) The Administrator of the Federal Aviation Administration shall de- velop plans and policy for the use of the navi- gable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of air- space. The Administrator may modify or revoke an assignment when required in the public inter- est. (2) The Administrator shall prescribe air traf- fic regulations on the flight of aircraft (includ- ing 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, be- tween 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 navi- gable airspace by civil aircraft consistent with national security, the Administrator, in con- sultation with the Secretary of Defense, shall— (A) establish areas in the airspace the Ad- ministrator decides are necessary in the inter- est of national defense; and (B) by regulation or order, restrict or pro- hibit flight of civil aircraft that the Adminis- trator 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 chap- ter 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 pro- vided 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.