§40103. Sovereignty and use of airspace
(a)
(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)
(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)
(d)
(e)
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
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40103(a)(1) | 49 App.:1508(a) (1st sentence). | Aug. 23, 1958,
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40103(a)(2) | 49 App.:1304. | Aug. 23, 1958,
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49 App.:1551(b)(1)(E). | Aug. 28, 1958,
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40103(b)(1) | 49 App.:1348(a). | |
49 App.:1655(c)(1). | Oct. 15, 1966,
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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,
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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 (
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
"(a)
"(b)
Section Referred to in Other Sections
This section is referred to in sections 106, 40106, 40109, 44101, 44502, 46301, 46307, 46316 of this title.