§40103. Sovereignty and use of airspace
Primary source
Verbatim text below is from the United States Code (GovInfo), a public-domain U.S. government work.
Full Text
§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 individuals with disabilities.
(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) |
|---|---|---|
| 40103(a)(1) | 49 App.:1508(a) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §§307(a), (c), (d), 308(a) (3d sentence), 1108(a), 1201, 1202, 72 Stat. 749, 750, 751, 798, 800. |
| 40103(a)(2) | 49 App.:1304. | Aug. 23, 1958, Pub. L. 85–726, §104, 72 Stat. 740; Oct. 4, 1984, Pub. L. 98–443, §14, 98 Stat. 1711. |
| 49 App.:1551(b)(1)(E). | Aug. 28, 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. | |
| 40103(b)(1) | 49 App.:1348(a). | |
| 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. | |
| 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, Pub. L. 85–726, 72 Stat. 731, §308(a) (last sentence); added Sept. 3, 1982, Pub. L. 97–248, §524(a)(1), 96 Stat. 695. |
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 (Public Law 85–726, 72 Stat. 749, 750) is retained on authority of 49:106(g).
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.
Editorial Notes
Amendments
2024—Subsec. (a)(2). Pub. L. 118–63 substituted "individuals with disabilities" for "handicapped individuals".
Statutory Notes and Related Subsidiaries
Regulations
Pub. L. 85–726, title VI, §613(a), (b), as added by Pub. L.101–508, title IX, §9124, Nov. 5, 1990, 104 Stat. 1388–370, provided that:
"(a)
"(b)
Update of FAA Standards To Allow Distribution and Use of Certain Restricted Routes and Terminal Procedures
Pub. L. 118–63, title III, §331, May 16, 2024, 138 Stat. 1089, provided that:
"(a)
"(b)
Airspace Access
Pub. L. 118–63, title VI, §604, May 16, 2024, 138 Stat. 1223, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(A) An identification of current challenges and barriers faced by airspace users in accessing certain categories of airspace, including special use airspace.
"(B) An evaluation of existing procedures, regulations, and requirements that may impede or delay access to certain categories of airspace for certain users of the national airspace system.
"(C) Actions for streamlining and expediting the airspace access process, including potential regulatory changes, technological advancements, and enhanced coordination among relevant stakeholders and Federal agencies.
"(D) If determined appropriate, an implementation plan for a framework that allows for temporary access to certain categories of airspace, including special use airspace, by users of the national airspace system who do not have regular access to such airspace.
"(E) An assessment of the impact of airspace access improvements described in paragraph (1) on the safety of, efficiency of, and economic opportunities for airspace users, including—
"(i) military operators;
"(ii) commercial operators; and
"(iii) general aviation operators.
"(3)
"(A)
"(B)
"(C)
"(i) the adoption of streamlined procedures;
"(ii) technological enhancements; and
"(iii) any regulatory changes necessary to improve airspace access and flexibility."
Low-Altitude Rotorcraft and Powered-Lift Aircraft Instrument Flight Routes
Pub. L. 118–63, title VI, §627(b), May 16, 2024, 138 Stat. 1243, provided that:
"(1)
"(2)
"(A) incorporate instrument flight rules rotorcraft operations into the low-altitude performance based navigation procedure infrastructure;
"(B) prioritize the development of new helicopter area navigation instrument flight rules routes as part of the United States air traffic service route structure that utilize performance based navigation, such as Global Positioning System and Global Navigation Satellite System equipment; and
"(C) consider the impact of such low altitude flight routes on other airspace users and impacted communities to ensure that such routes are designed to minimize—
"(i) the potential for conflict with existing national airspace system operations;
"(ii) the workload of air traffic controllers; and
"(iii) negative effects to impacted communities.
"(3)
"(A) stakeholders in the airport, heliport, rotorcraft manufacturer and operator, general aviation operator, powered-lift operator, air carrier, and performance based navigation technology manufacturer sectors;
"(B) the United States Helicopter Safety Team;
"(C) exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code; and
"(D) other stakeholders determined appropriate by the Administrator."
Airshow Safety Team
Pub. L. 118–63, title VIII, §811, May 16, 2024, 138 Stat. 1326, provided that:
"(a)
"(b)
"(1) serve as a mechanism for Federal Government and industry cooperation, communication, and coordination on airshow and aerial event safety; and
"(2) reduce airshow and aerial event accidents and incidents through non-regulatory, proactive safety strategies.
"(c)
"(1) perform an analysis of airshow and aerial event accidents and incidents in conjunction with the Safety Analysis Team;
"(2) publish and update every 2 years after initial publication an Airshow Safety Plan that incorporates consensus based and data driven mitigation measures and non-regulatory safety strategies to improve and promote safety of the public, performers, and airport personnel; and
"(3) engage the airshow and aerial event community to—
"(A) communicate non-regulatory, proactive safety strategies identified by the Airshow Safety Plan to mitigate incidents; and
"(B) discuss best practices to uphold and maintain safety at events.
"(d)
"(e)
"(f)
Operating High-Speed Flights in High Altitude Class E Airspace
Pub. L. 118–63, title X, §1011, May 16, 2024, 138 Stat. 1392, provided that:
"(a)
"(b)
Rulemaking Related to Operating High-Speed Flights in High Altitude Class E Airspace
Pub. L. 118–63, title XI, §1108, May 16, 2024, 138 Stat. 1417, provided that:
"Not later than 2 years after the date on which the Administrator [of the Federal Aviation Administration] identifies the minimum altitude pursuant to section 1011 [of Pub. L. 118–63, set out as a note above], the Administrator shall publish in the Federal Register a notice of proposed rulemaking to amend sections 91.817 and 91.818 of title 14, Code of Federal Regulations, and such other regulations as appropriate, to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified under section 1011 without specific authorization, provided that such flight operations—
"(1) show compliance with airworthiness requirements;
"(2) do not produce appreciable sonic boom overpressures that reach the surface under prevailing atmospheric conditions;
"(3) have ordinary instrument flight rules clearances necessary to operate in controlled airspace; and
"(4) comply with applicable environmental requirements."
Dynamic Airspace Pilot Program
Pub. L. 117–263, div. A, title X, §1093, Dec. 23, 2022, 136 Stat. 2812, provided that:
"(a)
"(1)
"(A) special activity airspace for use by the Department of Defense for emerging military testing and training requirements of infrequent or limited durations; and
"(B) streamlining the process for the Department of Defense to request the designation of special activity airspace for activities described in subparagraph (A).
"(2)
"(A) the availability of such airspace on an infrequent or limited duration necessary to accommodate the Department of Defense's emerging military testing and training requirements; and
"(B) whether the processes for the Department of Defense to request special activity airspace for infrequent or limited duration military testing and training events meet Department of Defense testing and training requirements.
"(b)
"(1) the public's right of transit consistent with national security;
"(2) the use of airspace necessary to ensure the safety of aircraft within the National Airspace System;
"(3) the use of airspace necessary to ensure the efficient use of the National Airspace System; and
"(4) Department of Defense use of special activity airspace that is established through means other than the pilot program established by subsection (a).
"(c)
"(1)
"(2)
"(A) How the pilot program established under subsection (a)(1) affected policies on establishing and scheduling special activity airspace with an emphasis on the impact of allocation and utilization policies to other nonparticipating aviation users of the National Airspace System.
"(B) Whether the streamlined processes for dynamic scheduling and management of special activity airspace involved in the pilot program established under subsection (a)(1) contributed to—
"(i) the public's right of transit consistent with national security;
"(ii) the use of airspace necessary to ensure the safety of aircraft within the National Airspace System; and
"(iii) the use of airspace necessary to ensure the efficient use of the National Airspace System.
"(d)
"(e)
"(1) The term 'appropriate committees of Congress' means—
"(A) the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
"(B) the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
"(2) The term 'special activity airspace' means the following airspace with defined dimensions within the National Airspace System wherein limitations may be imposed upon aircraft operations:
"(A) Restricted areas.
"(B) Military operations areas.
"(C) Air traffic control assigned airspace.
"(D) Warning areas.
"(3) The term 'use cases' means a compendium of airspace utilization data collected from the development, testing, and assessment conducted under subsection (a)(1), and other test points or metrics as agreed to by the Administrator and the Secretary, within a specific geographic region as determined by the Administrator and Secretary.
"(f)
Deployment of Real-Time Status of Special Use Airspace
Pub. L. 116–283, div. A, title X, §1085, Jan. 1, 2021, 134 Stat. 3877, provided that: "Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], to the maximum extent practicable, the Administrator of the Federal Aviation Administration, in coordination with the Secretary of Defense, shall enable the automated public dissemination of information on the real-time status of the activation or deactivation of military operations areas and restricted areas in a manner that is similar to the manner that temporary flight restrictions are published and disseminated."
Air Traffic Control Operational Contingency Plans
Pub. L. 115–254, div. B, title V, §504, Oct. 5, 2018, 132 Stat. 3353, provided that:
"(a)
"(b)
"(c)
Air Shows
Pub. L. 118–63, title XI, §1115(a), May 16, 2024, 138 Stat. 1421, provided that:
"(a)
"(1)
"(A) to identify scheduling conflicts between FAA-approved air shows and large outdoor events and venues where—
"(i) flight restrictions will be imposed pursuant to section 521 of division F of the Consolidated Appropriations Act, 2004 [Pub. L. 108–199] (49 U.S.C. 40103 note); or
"(ii) any other restriction will be imposed pursuant to FAA Flight Data Center Notice to Airmen 4/3621 (or any successor notice to airmen); and
"(B) in instances where a scheduling conflict between events is identified or is found to be likely to occur, develop appropriate operational and communication procedures to ensure for the safety and security of both events.
"(2)
Pub. L. 115–254, div. B, title V, §512, Oct. 5, 2018, 132 Stat. 3356, provided that: "On an annual basis, the Administrator [of the Federal Aviation Administration] shall work with representatives of [Federal Aviation] Administration-approved air shows, the general aviation community, and stadiums and other large outdoor events and venues to identify and resolve, to the maximum extent practicable, scheduling conflicts between Administration-approved air shows and large outdoor events and venues where—
"(1) flight restrictions will be imposed pursuant to section 521 of title V of division F of Public Law 108–199 (118 Stat. 343) [set out below]; or
"(2) any other restriction will be imposed pursuant to Federal Aviation Administration Flight Data Center Notice to Airmen 4/3621 (or any successor notice to airmen)."
Air Traffic Services at Aviation Events
Pub. L. 115–254, div. B, title V, §530, Oct. 5, 2018, 132 Stat. 3365, provided that:
"(a)
"(b)
"(1) The services and support required to meet levels of activity at prior events, if any, similar to the event.
"(2) The anticipated need for services and support at the event."
Enhanced Air Traffic Services
Pub. L. 115–254, div. B, title V, §547, Oct. 5, 2018, 132 Stat. 3377, as amended by Pub. L. 118–15, div. B, title II, §2202(u), Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, §102(u), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, §102(u), Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title VI, §610, May 16, 2024, 138 Stat. 1226, provided that:
"(a)
"(1) lasts at least 2 years; and
"(2) operates in at least 3 suitable airports.
"(b)
"(c)
"(d)
"(1)
"(2)
"(e)
"(f)
Maintaining Restrictions Under Certain NOTAMs
Pub. L. 108–199, div. F, title V, §521, Jan. 23, 2004, 118 Stat. 343, as amended by Pub. L. 118–63, title XI, §1115(b), May 16, 2024, 138 Stat. 1421, provided that:
"(a)
"(1) shall, without regard to any fiscal year limitation, maintain in full force and effect the restrictions imposed under Federal Aviation Administration Notices to Airmen FDC 3/2122, FDC 3/2123, and FDC 2/0199; and
"(2) may not grant any waivers or exemptions from such restrictions, except—
"(A) as authorized by air traffic control for operational or safety purposes;
"(B) with respect to an event, stadium, or other venue—
"(i) for operational purposes;
"(ii) for the transport of team members, officials of the governing body, and immediate family members and guests of (or attendees approved by) such team members and officials to and from such event, stadium, or venue;
"(iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting event;
"(iv) to permit a broadcast rights holder to provide broadcast coverage of such event, stadium, or venue;
"(v) for safety and security purposes related to such event, stadium, or venue; and
"(vi) to permit the safe operation of an aircraft that is operated by an airshow performer in connection with an airshow, provided such aircraft is not permitted to operate directly over the stadium (or adjacent parking facilities) during the sporting event; and
"(C) to allow the operation of an aircraft in restricted airspace to the extent necessary to arrive at or depart from an airport using standard air traffic control procedures.
"(b)
"(c)
National Airspace Redesign
Pub. L. 106–181, title VII, §736, Apr. 5, 2000, 114 Stat. 171, provided that:
"(a)
"(1) The national airspace, comprising more than 29 million square miles, handles more than 55,000 flights per day.
"(2) Almost 2,000,000 passengers per day traverse the United States through 20 major en route centers, including more than 700 different sectors.
"(3) Redesign and review of the national airspace may produce benefits for the travelling public by increasing the efficiency and capacity of the air traffic control system and reducing delays.
"(4) Redesign of the national airspace should be a high priority for the Federal Aviation Administration and the air transportation industry.
"(b)
"(c)
"(d)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.