TSA Title 49

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