From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC40103]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
subpart i--general
CHAPTER 401--GENERAL PROVISIONS
Sec. 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
File Type | application/msword |
File Title | § 114 |
Author | TSA Standard PC User |
Last Modified By | TSA Standard PC User |
File Modified | 2008-09-12 |
File Created | 2008-09-12 |