US Codex
U.S.C.
Notes

§40102. Definitions — Inbound Citations

49 U.S.C. § 40102

Cited by 4414 provisions in release 119-102.

Citations to 49 U.S.C. § 40102 as a whole

Citations to §40102(a)

Citations to §40102(a)(1)

  • (14) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.
  • (3) encouraging and developing civil aeronautics, including new aviation technology.
  • (10) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.
  • (a) The Administrator of the Federal Aviation Administration shall encourage the development of civil aeronautics and safety of air commerce in and outside the United States.
  • (b) The Administrator may authorize officers and employees of other departments, agencies, or instrumentalities of the United States Government, officers and employees of governments of foreign countries, and individuals from the aeronautics industry to attend those schools. However, if the attendance of any of those officers, employees, or individuals increases the cost of operating the schools, the Administrator may require the payment or transfer of amounts or other consideration to offset the additional cost. The amount received may be credited to the appropriation current when the expenditures are or were paid, the appropriation current when the amount is received, or both.
  • (c) The Secretary (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may use the assistance of the Administrator of the National Aeronautics and Space Administration and any research or technical department, agency, or instrumentality of the United States Government on matters related to aircraft fuel and oil, and to the design, material, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. Each department, agency, and instrumentality may conduct scientific and technical research, investigations, and tests necessary to assist the Secretary or Administrator of the Federal Aviation Administration in carrying out this part. This part does not authorize duplicating laboratory research activities of a department, agency, or instrumentality.
  • (i) for a class of fares existing on October 1, 1979, the fare between 2 places (as adjusted under subparagraph (B) of this paragraph) filed for and allowed by the Civil Aeronautics Board to go into effect after September 30, 1979, and before August 13, 1980 (with seasonal fares adjusted by the percentage difference that prevailed between seasons in 1978), or the fare established under section 1002(j)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 24(a) of the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 46); or
  • (3) exchange information related to aeronautics with a government of a foreign country through appropriate departments, agencies, and instrumentalities of the United States Government.
  • (a) The Administrator of the Federal Aviation Administration shall make long range plans and policy for the orderly development and use of the navigable airspace, and the orderly development of air navigation facilities and services, that will best meet the needs of, and serve the interests of, civil aeronautics and the national defense, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern.
  • (A) meet the forecasted needs of civil aeronautics;
  • (i) to ensure the continued capacity, safety, and efficiency of aviation in the United States, considering emerging technologies and forecasted needs of civil aeronautics; and
  • (1) To ensure conformity with plans and policies for, and allocation of, airspace by the Administrator of the Federal Aviation Administration under section 40103(b)(1) of this title, a military airport, military landing area, or missile or rocket site may be acquired, established, or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator of the Federal Aviation Administration may advise the appropriate committees of Congress and interested departments, agencies, and instrumentalities of the Government on the effect of the acquisition, establishment, construction, or alteration on the use of airspace by aircraft. A disagreement between the Administrator of the Federal Aviation Administration and the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration may be appealed to the President for a final decision.
  • (c) In carrying out this section, the Administrator, by negotiation or otherwise, may buy or exchange experimental aircraft, aircraft engines, propellers, and appliances that the Administrator decides may offer special advantages to aeronautics.
  • (b) The Administrators of the Federal Aviation Administration and National Aeronautics and Space Administration may make an agreement for the use of the National Aeronautics and Space Administration’s unique human factor facilities and expertise in conducting research activities to study the human factor aspects of the highly automated environment for the next generation of air traffic controllers. The research activities shall include investigating—
    (1) human perceptual capabilities and the effect of computer-aided decision making on the workload and performance of air traffic controllers;
    (2) information management techniques for advanced air traffic control display systems; and
    (3) air traffic controller workload and performance measures, including the development of predictive models.
  • (4) advise, assist, and represent the Federal Aviation Administration in the human factors aspects of joint projects between the Administration and the National Aeronautics and Space Administration, other departments, agencies, and instrumentalities of the United States Government, industry, and governments of foreign countries; and
  • (2) The Center shall, in consultation with the Administrator of NASA, consider using, on a reimbursable basis, the existing and available capacity in aeronautics research facilities at the Langley Research Center, the NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.
  • (2) provide reports to the Administrator, to persons engaged in civil aeronautics that are designated by the Administrator, and to other persons designated by the Secretary in a way and with a frequency that best will result in safety in, and facilitating, air navigation;
  • (b) The Government shall make an agreement to indemnify any person that publishes a map or chart for use in aeronautics from any part of a claim arising out of the depiction by the person on the map or chart of a defective or deficient flight procedure or airway if the flight procedure or airway was—
    (1) prescribed by the Administrator;
    (2) depicted accurately on the map or chart; and
    (3) not obviously defective or deficient.
  • (5) Not later than February 14, 2013,1 the Secretary shall approve and make available in print and on the Administration’s internet website a 5-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system, as coordinated by the Unmanned Aircraft Program Office of the Administration. The Secretary shall update, in coordination with the Administrator of the National Aeronautics and Space Administration (NASA) and relevant stakeholders, including those in industry and academia, the roadmap annually. The roadmap shall include, at a minimum—
    (A) cost estimates, planned schedules, and performance benchmarks, including specific tasks, milestones, and timelines, for unmanned aircraft systems integration into the national airspace system, including an identification of—
    (i) the role of the unmanned aircraft systems test ranges established under subsection (c) and the Unmanned Aircraft Systems Center of Excellence;
    (ii) performance objectives for unmanned aircraft systems that operate in the national airspace system; and
    (iii) research and development priorities for tools that could assist air traffic controllers as unmanned aircraft systems are integrated into the national airspace system, as appropriate;
    (B) a description of how the Administration plans to use research and development, including research and development conducted through NASA’s Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and provide for the evolution of unmanned aircraft systems in the national airspace system;
    (C) an assessment of critical performance abilities necessary to integrate unmanned aircraft systems into the national airspace system, and how these performance abilities can be demonstrated; and
    (D) an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including decisionmaking by adaptive systems, such as sense-and-avoid capabilities and cyber physical systems security.
  • (2) shall coordinate with, and leverage the resources of, the Administrator of the National Aeronautics and Space Administration and other relevant Federal agencies, as determined appropriate by the Administrator;
  • (4) the National Aeronautics and Space Administration; and
  • A civil penalty under this chapter may be collected by bringing a civil action against the person subject to the penalty, a civil action in rem against an aircraft subject to a lien for a penalty, or both. The action shall conform as nearly as practicable to a civil action in admiralty, regardless of the place an aircraft in a civil action in rem is seized. However, a party may demand a jury trial of an issue of fact in an action involving a civil penalty under this chapter (except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board) if the value of the matter in controversy is more than $20. Issues of fact tried by a jury may be reexamined only under common law rules.
  • (a) The Secretary of Transportation shall maintain the plan for developing public-use airports in the United States, named “the national plan of integrated airport systems”. The plan shall include the kind and estimated cost of eligible airport development the Secretary of Transportation considers necessary to provide a safe, efficient, and integrated system of public-use airports adequate to anticipate and meet the needs of civil aeronautics, to meet the national defense requirements of the Secretary of Defense, and to meet identified needs of the United States Postal Service. Airport development included in the plan may not be limited to meeting the needs of any particular classes or categories of public-use airports. In maintaining the plan, the Secretary of Transportation shall consider the needs of each segment of civil aviation and the relationship of the airport system to—
    (1) the rest of the transportation system, including connection to the surface transportation network; and
    (2) forecasted technological developments in aeronautics.
  • (2) forecasted technological developments in aeronautics.
  • (a) To maintain a safe and efficient nationwide system of public-use airports that meets the present and future needs of civil aeronautics, the Secretary of Transportation may make project grants under this subchapter from the Airport and Airway Trust Fund.
  • Subject to the concurrence of the Secretary of State, the Secretary of Transportation or Commerce, as appropriate, may train a foreign citizen in a subject related to aeronautics and essential to the orderly and safe operation of civil aircraft. The training may be provided—
  • (1) adapt the property or facility to the needs of civil aeronautics;
  • (a) The Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration shall conduct a study to identify technologies for noise reduction of propeller driven aircraft and rotorcraft.
  • (c) In conducting the study required under subsection (a), the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration shall encourage the participation of the Department of Defense, the Department of the Interior, the airtour industry, the aviation industry, academia and other appropriate groups.
  • (d) Not less than 280 days after August 23, 1994, the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration shall transmit to Congress a report on the results of the study required under subsection (a).
  • (e) If the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration determine that additional research and development is necessary and would substantially contribute to the development of quiet aircraft technology, then the agencies shall conduct an appropriate research program in consultation with the entities listed in subsection (c) to develop safe, effective, and economical noise reduction technology (including technology that can be applied to existing propeller driven aircraft and rotorcraft) that would result in aircraft that operate at substantially reduced levels of noise to reduce the impact of such aircraft and rotorcraft on the resources of national parks and other areas.

Citations to §40102(a)(2)

Citations to §40102(a)(3)

Citations to §40102(a)(4)

Citations to §40102(a)(5)

Citations to §40102(a)(6)

Citations to §40102(a)(7)

Citations to §40102(a)(8)

Citations to §40102(a)(9)

Citations to §40102(a)(10)

Citations to §40102(a)(11)

Citations to §40102(a)(12)

Citations to §40102(a)(13)

Citations to §40102(a)(14)

Citations to §40102(a)(15)

Citations to §40102(a)(16)

Citations to §40102(a)(18)

Citations to §40102(a)(19)

Citations to §40102(a)(21)

Citations to §40102(a)(22)

Citations to §40102(a)(23)

Citations to §40102(a)(24)

Citations to §40102(a)(25)

Citations to §40102(a)(26)

Citations to §40102(a)(27)

Citations to §40102(a)(28)

  • (1) To ensure conformity with plans and policies for, and allocation of, airspace by the Administrator of the Federal Aviation Administration under section 40103(b)(1) of this title, a military airport, military landing area, or missile or rocket site may be acquired, established, or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator of the Federal Aviation Administration may advise the appropriate committees of Congress and interested departments, agencies, and instrumentalities of the Government on the effect of the acquisition, establishment, construction, or alteration on the use of airspace by aircraft. A disagreement between the Administrator of the Federal Aviation Administration and the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration may be appealed to the President for a final decision.
  • (2) To ensure conformity, an airport or landing area not involving the expenditure of Government money may be established or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator may provide advice on the effects of the establishment, construction, or alteration on the use of airspace by aircraft.
  • (6) The Government is entitled to the nonexclusive use, without charge, of the landing area of an airport at which the property is located. The Secretary may limit the use of the landing area if necessary to prevent unreasonable interference with use by other authorized aircraft. However, the Government shall—
    (A) contribute a reasonable share, consistent with the Government’s use, of the cost of maintaining and operating the landing area; and
    (B) pay for damages caused by its use of the landing area if its use of the landing area is substantial.
  • (A) contribute a reasonable share, consistent with the Government’s use, of the cost of maintaining and operating the landing area; and
  • (B) pay for damages caused by its use of the landing area if its use of the landing area is substantial.

Citations to §40102(a)(29)

Citations to §40102(a)(30)

Citations to §40102(a)(31)

Citations to §40102(a)(32)

  • (2) the public right of freedom of transit through the navigable airspace.
  • (4) controlling the use of the navigable airspace and regulating civil and military operations in that airspace in the interest of the safety and efficiency of both of those operations.
  • (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 individuals with disabilities.
  • (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.
  • (C) using the navigable airspace efficiently; and
  • (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.
  • (a) The Administrator of the Federal Aviation Administration shall make long range plans and policy for the orderly development and use of the navigable airspace, and the orderly development of air navigation facilities and services, that will best meet the needs of, and serve the interests of, civil aeronautics and the national defense, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern.
  • (2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports; or
  • (1) 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).
  • (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
  • (vii) other factors relevant to the efficient and effective use of navigable airspace; and
  • (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
  • (9) to ensure that nonaviation usage of the navigable airspace be accommodated but not allowed to decrease the safety and capacity of the airspace and airport system;
  • (a) The Administrator of the Federal Aviation Administration may consider prescribing flight procedures to avoid or minimize potentially significant adverse noise impacts of an airport capacity enhancement project at a congested airport that involves the construction of new runways or the reconfiguration of existing runways during the environmental planning process for the project. If the Administrator determines that noise mitigation flight procedures are consistent with safe and efficient use of the navigable airspace, the Administrator may commit, at the request of the airport sponsor and in a manner consistent with applicable Federal law, to prescribing such procedures in any record of decision approving the project.
  • (C) the restriction is not inconsistent with maintaining the safe and efficient use of the navigable airspace;

Citations to §40102(a)(34)

Citations to §40102(a)(38)

Citations to §40102(a)(39)

Citations to §40102(a)(40)

Citations to §40102(a)(41)

  • (b) An aircraft described in subparagraph (A), (B), (C), (D), or (F) of section 40102(a)(41) does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember.
  • (1) Subject to paragraph (2), an aircraft described in section 40102(a)(41)(E) qualifies as a public aircraft if—
    (A) the aircraft is operated in accordance with title 10;
    (B) the aircraft is operated in the performance of a governmental function under title 14, 31, 32, or 50 and the aircraft is not used for commercial purposes; or
    (C) the aircraft is chartered to provide transportation or other commercial air service to the armed forces and the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) designates the operation of the aircraft as being required in the national interest.
  • (2) An aircraft that meets the criteria set forth in paragraph (1) and that is owned or operated by the National Guard of a State, the District of Columbia, or any territory or possession of the United States, qualifies as a public aircraft only to the extent that it is operated under the direct control of the Department of Defense.
  • (d) An aircraft described in section 40102(a)(41)(D) that is not exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of 1 of those governments, qualifies as a public aircraft if the Administrator determines that—
    (1) there are extraordinary circumstances;
    (2) the aircraft will be used for the performance of search and rescue missions;
    (3) a community would not otherwise have access to search and rescue services; and
    (4) a government entity demonstrates that granting the waiver is necessary to prevent an undue economic burden on that government.
  • (B) From any air carrier or other person (except a branch of the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces) that has employed the individual as a pilot of a civil or public aircraft at any time during the 5-year period preceding the date of the employment application of the individual, or from the trustee in bankruptcy for such air carrier or person—
    (i) records pertaining to the individual that are maintained by an air carrier (other than records relating to flight time, duty time, or rest time) under regulations set forth in—
    (I) section 121.683 of title 14, Code of Federal Regulations;
    (II) paragraph (A) of section VI, appendix I, part 121 of such title;
    (III) paragraph (A) of section IV, appendix J, part 121 of such title;
    (IV) section 125.401 of such title; and
    (V) section 135.63(a)(4) of such title; and
    (ii) other records pertaining to the individual’s performance as a pilot that are maintained by the air carrier or person concerning—
    (I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with section 121.411, 125.295, or 135.337 of such title;
    (II) any disciplinary action taken with respect to the individual that was not subsequently overturned; and
    (III) any release from employment or resignation, termination, or disqualification with respect to employment.
  • (B) From any air carrier or other person (except a branch of the Armed Forces, the National Guard, or a reserve component of the Armed Forces) that has employed an individual as a pilot of a civil or public aircraft, or from the trustee in bankruptcy for the air carrier or person—
    (i) records pertaining to the individual that are maintained by the air carrier (other than records relating to flight time, duty time, or rest time) or person, including records under regulations set forth in—
    (I) section 121.683 of title 14, Code of Federal Regulations;
    (II) section 121.111(a) of such title;
    (III) section 121.219(a) of such title;
    (IV) section 125.401 of such title; and
    (V) section 135.63(a)(4) of such title; and
    (ii) other records pertaining to the individual’s performance as a pilot that are maintained by the air carrier or person concerning—
    (I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with section 121.411, 125.295, or 135.337 of such title;
    (II) any disciplinary action taken with respect to the individual that was not subsequently overturned; and
    (III) any release from employment or resignation, termination, or disqualification with respect to employment.
  • (7) The term “public unmanned aircraft system” means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft.
  • (3) shall address both civil and public aircraft operations;
  • (1) Subject to paragraph (2), not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this section, the Secretary shall work with relevant national and international communities to establish and implement a process for approving the use of a unmanned aircraft in the designated permanent areas in the Arctic without regard to whether the unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft.
  • (xiv) Operators of public aircraft that qualify under section 40125.

Citations to §40102(a)(41)(A)

Citations to §40102(a)(41)(B)

Citations to §40102(a)(41)(C)

Citations to §40102(a)(41)(D)

  • (b) An aircraft described in subparagraph (A), (B), (C), (D), or (F) of section 40102(a)(41) does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember.
  • (d) An aircraft described in section 40102(a)(41)(D) that is not exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of 1 of those governments, qualifies as a public aircraft if the Administrator determines that—
    (1) there are extraordinary circumstances;
    (2) the aircraft will be used for the performance of search and rescue missions;
    (3) a community would not otherwise have access to search and rescue services; and
    (4) a government entity demonstrates that granting the waiver is necessary to prevent an undue economic burden on that government.

Citations to §40102(a)(41)(E)

Citations to §40102(a)(41)(F)

Citations to §40102(a)(42)

Citations to §40102(a)(43)

Citations to §40102(a)(44)

Citations to §40102(a)(45)

Citations to §40102(a)(46)

Citations to §40102(a)(47)