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119th Congress

Title 49 — Transportation

Part A · Chapter 401 — General Provisions

§ 40102. Definitions

Statutory text

(a)

General Definitions.—

In this part—

(1)

“aeronautics” means the science and art of flight.

(2)

“air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.

(3)

“air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce.

(4)

“air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including—

(A)

a landing area;

(B)

runway lighting and airport surface visual and other navigation aids;

(C)

apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft;

(D)

communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;

(E)

any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and

(F)

buildings, equipment, and systems dedicated to the national airspace system.

(5)

“air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.

(6)

“aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air.

(7)

“aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller.

(8)

“airman” means an individual—

(A)

in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way;

(B)

except to the extent the Administrator of the Federal Aviation Administration may provide otherwise for individuals employed outside the United States, who is directly in charge of inspecting, maintaining, overhauling, or repairing aircraft, aircraft engines, propellers, or appliances; or

(C)

who serves as an aircraft dispatcher or air traffic control-tower operator.

(9)

“airport” means a landing area used regularly by aircraft for receiving or discharging passengers or cargo.

(10)

“all-cargo air transportation” means the transportation by aircraft in interstate air transportation of only property or only mail, or both.

(11)

“appliance” means an instrument, equipment, apparatus, a part, an appurtenance, or an accessory used, capable of being used, or intended to be used, in operating or controlling aircraft in flight, including a parachute, communication equipment, and another mechanism installed in or attached to aircraft during flight, and not a part of an aircraft, aircraft engine, or propeller.

(12)

“cargo” means property, mail, or both.

(13)

“charter air carrier” means an air carrier holding a certificate of public convenience and necessity that authorizes it to provide charter air transportation.

(14)

“charter air transportation” means charter trips in air transportation authorized under this part.

(15)

“citizen of the United States” means—

(A)

an individual who is a citizen of the United States;

(B)

a partnership each of whose partners is an individual who is a citizen of the United States; or

(C)

a corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is under the actual control of citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States.

(16)

“civil aircraft” means an aircraft except a public aircraft.

(17)

“civil aircraft of the United States” means an aircraft registered under chapter 441 of this title.

(18)

“conditional sales contract” means a contract—

(A)

for the sale of an aircraft, aircraft engine, propeller, appliance, or spare part, under which the buyer takes possession of the property but title to the property vests in the buyer at a later time on—

(i)

paying any part of the purchase price;

(ii)

performing another condition; or

(iii)

the happening of a contingency; or

(B)

to bail or lease an aircraft, aircraft engine, propeller, appliance, or spare part, under which the bailee or lessee—

(i)

agrees to pay an amount substantially equal to the value of the property; and

(ii)

is to become, or has the option of becoming, the owner of the property on complying with the contract.

(19)

“conveyance” means an instrument, including a conditional sales contract, affecting title to, or an interest in, property.

(20)

“Federal airway” means a part of the navigable airspace that the Administrator designates as a Federal airway.

(21)

“foreign air carrier” means a person, not a citizen of the United States, undertaking by any means, directly or indirectly, to provide foreign air transportation.

(22)

“foreign air commerce” means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation, between a place in the United States and a place outside the United States when any part of the transportation or operation is by aircraft.

(23)

“foreign air transportation” means the transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft, between a place in the United States and a place outside the United States when any part of the transportation is by aircraft.

(24)

“interstate air commerce” means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation—

(A)

between a place in—

(i)

a State, territory, or possession of the United States and a place in the District of Columbia or another State, territory, or possession of the United States;

(ii)

a State and another place in the same State through the airspace over a place outside the State;

(iii)

the District of Columbia and another place in the District of Columbia; or

(iv)

a territory or possession of the United States and another place in the same territory or possession; and

(B)

when any part of the transportation or operation is by aircraft.

(25)

“interstate air transportation” means the transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft—

(A)

between a place in—

(i)

a State, territory, or possession of the United States and a place in the District of Columbia or another State, territory, or possession of the United States;

(ii)

Hawaii and another place in Hawaii through the airspace over a place outside Hawaii;

(iii)

the District of Columbia and another place in the District of Columbia; or

(iv)

a territory or possession of the United States and another place in the same territory or possession; and

(B)

when any part of the transportation is by aircraft.

(26)

“intrastate air carrier” means a citizen of the United States undertaking by any means to provide only intrastate air transportation.

(27)

“intrastate air transportation” means the transportation by a common carrier of passengers or property for compensation, entirely in the same State, by turbojet-powered aircraft capable of carrying at least 30 passengers.

(28)

“landing area” means a place on land or water, including an airport or intermediate landing field, used, or intended to be used, for the takeoff and landing of aircraft, even when facilities are not provided for sheltering, servicing, or repairing aircraft, or for receiving or discharging passengers or cargo.

(29)

“large hub airport” means a commercial service airport (as defined in section 47102) that has at least 1.0 percent of the passenger boardings.

(30)

“mail” means United States mail and foreign transit mail.

(31)

“medium hub airport” means a commercial service airport (as defined in section 47102) that has at least 0.25 percent but less than 1.0 percent of the passenger boardings.

(32)

“navigable airspace” means airspace above the minimum altitudes of flight prescribed by regulations under this subpart and subpart III of this part, including airspace needed to ensure safety in the takeoff and landing of aircraft.

(33)

“navigate aircraft” and “navigation of aircraft” include piloting aircraft.

(34)

“nonhub airport” means a commercial service airport (as defined in section 47102) that has less than 0.05 percent of the passenger boardings.

(35)

“operate aircraft” and “operation of aircraft” mean using aircraft for the purposes of air navigation, including—

(A)

the navigation of aircraft; and

(B)

causing or authorizing the operation of aircraft with or without the right of legal control of the aircraft.

(36)

“passenger boardings”—

(A)

means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior calendar year on an aircraft in service in air commerce, as the Secretary determines under regulations the Secretary prescribes; and

(B)

includes passengers who continue on an aircraft in international flight that stops at an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose.

(37)

“person”, in addition to its meaning under section 1 of title 1, includes a governmental authority and a trustee, receiver, assignee, and other similar representative.

(38)

“predatory” means a practice that violates the antitrust laws as defined in the first section of the Clayton Act (15 U.S.C. 12).

(39)

“price” means a rate, fare, or charge.

(40)

“propeller” includes a part, appurtenance, and accessory of a propeller.

(41)

“public aircraft” means any of the following:

(A)

Except with respect to an aircraft described in subparagraph (E), an aircraft used only for the United States Government, except as provided in section 40125(b).

(B)

An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration, except as provided in section 40125(b).

(C)

An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).

(D)

An aircraft 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 one of these governments, except as provided in section 40125(b).

(E)

An aircraft owned or operated by the armed forces or chartered to provide transportation or other commercial air service to the armed forces under the conditions specified by section 40125(c). In the preceding sentence, the term “other commercial air service” means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations.

(F)

An unmanned aircraft that is owned and operated by, or exclusively leased for at least 90 continuous days by, an Indian Tribal government, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), except as provided in section 40125(b).

(42)

“small hub airport” means a commercial service airport (as defined in section 47102) that has at least 0.05 percent but less than 0.25 percent of the passenger boardings.

(43)

“spare part” means an accessory, appurtenance, or part of an aircraft (except an aircraft engine or propeller), aircraft engine (except a propeller), propeller, or appliance, that is to be installed at a later time in an aircraft, aircraft engine, propeller, or appliance.

(44)

“State authority” means an authority of a State designated under State law—

(A)

to receive notice required to be given a State authority under subpart II of this part; or

(B)

as the representative of the State before the Secretary of Transportation in any matter about which the Secretary is required to consult with or consider the views of a State authority under subpart II of this part.

(45)

“ticket agent” means a person (except an air carrier, a foreign air carrier, or an employee of an air carrier or foreign air carrier) that as a principal or agent sells, offers for sale, negotiates for, or holds itself out as selling, providing, or arranging for, air transportation.

(46)

“United States” means the States of the United States, the District of Columbia, and the territories and possessions of the United States, including the territorial sea and the overlying airspace.

(47)

“air traffic control system” means the combination of elements used to safely and efficiently monitor, direct, control, and guide aircraft in the United States and United States-assigned airspace, including—

(A)

allocated electromagnetic spectrum and physical, real, personal, and intellectual property assets making up facilities, equipment, and systems employed to detect, track, and guide aircraft movement;

(B)

laws, regulations, orders, directives, agreements, and licenses;

(C)

published procedures that explain required actions, activities, and techniques used to ensure adequate aircraft separation;

(D)

trained personnel with specific technical capabilities to satisfy the operational, engineering, management, and planning requirements for air traffic control; and

(E)

systems, software, and hardware operated, owned, and maintained by third parties that support or directly provide air navigation information and air traffic management services with Administration approval.

(b)

Limited Definition.—

In subpart II of this part, “control” means control by any means.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(e) · 108 Stat. 745

    Enacted · 49 U.S.C. § 40102

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1097

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1097

    Enacted provision · exact public law section
    Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Pub. L. 103–305 title VI § 601(b)(2)(B) · 108 Stat. 1569

    Struck · 49 U.S.C. § 40102(a)(35)

    Pub. L. 103–305 struck out “for air transportation” after “charge”

    Source evidence

    Code amendment note
    Subsec. (a)(35). Pub. L. 103–305 struck out “for air transportation” after “charge”.

    Enacted provision · exact public law section
    (B) Section 40102.— Section 40102(a)(35) is amended by striking “for air transportation”.

  3. Independent Safety Board Act Amendments of 1994

    Pub. L. 103–411 § 3(a) · 108 Stat. 4236

    1. Added · 49 U.S.C. § 40102(a)(37)(B)

      Pub. L. 103–411 added subpar. (B)

    2. Struck · 49 U.S.C. § 40102(a)(37)(B)

      Pub. L. 103–411 struck out former subpar. (B) which read as follows: “does not include a government-owned aircraft transporting passengers or property for commercial purposes.”

    Source evidence

    Code amendment note
    Subsec. (a)(37)(B). Pub. L. 103–411 added subpar. (B) and struck out former subpar. (B) which read as follows: “does not include a government-owned aircraft transporting passengers or property for commercial purposes.”

    Enacted provision · exact public law section
    (a) Definition of Public Aircraft.— Section 40102(a)(37) of title 49, United States Code, is amended by striking subparagraph (B) and inserting the following: “(B) does not include a government-owned aircraft— “(i) transporting property for commercial purposes; or “(ii) transporting passengers other than— “(I) transporting (for other than commercial purposes) crewmembers or other persons aboard the aircraft whose presence is required to perform, or is associated with the performance of, a governmental function such as firefighting, search and rescue, law enforcement, aeronautical research, or biological or geological resource management; or “(II) transporting (for other than commercial purposes) persons aboard the aircraft if the aircraft is operated by the Armed Forces or an intelligence agency of the United States. An aircraft described in the preceding sentence shall, notwithstanding any limitation relating to use of the aircraft for commercial purposes, be considered to be a public aircraft for the purposes of this part without regard to whether the aircraft is operated by a unit of government on behalf of another unit of government, pursuant to a cost reimbursement agreement between such units of govern-ment, if the unit of government on whose behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation was necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator was reasonably available to meet the threat”.

  4. Pub. L. 103–429 § 6(46) · 108 Stat. 4377

    Substituted · 49 U.S.C. § 40102(a)(30)

    Pub. L. 103–429 substituted “this subpart and subpart III” for “subparts I and III”

    Source evidence

    Code amendment note
    Subsec. (a)(30). Pub. L. 103–429 substituted “this subpart and subpart III” for “subparts I and III”.

    Enacted provision · exact public law section
    (46) In section 40102(a)(30), strike “subparts I and III” and substitute “this subpart and subpart III”.

  5. Aviation Insurance Reauthorization Act of 1997

    Pub. L. 105–137 § 6 · 111 Stat. 2640

    1. Struck · 49 U.S.C. § 40102(a)(37)(A)

      Pub. L. 105–137 struck out “or” at end of cl. (i)

    2. Added · 49 U.S.C. § 40102(a)(37)(A)

      Pub. L. 105–137 added cl. (ii)

    3. Redesignated · 49 U.S.C. § 40102(a)(37)(A)

      Pub. L. 105–137 redesignated former cl. (ii) as (iii)

    Source evidence

    Code amendment note
    Subsec. (a)(37)(A). Pub. L. 105–137 struck out “or” at end of cl. (i), added cl. (ii), and redesignated former cl. (ii) as (iii).

    Enacted provision · exact public law section
    SEC. 6. USE OF AIRCRAFT FOR DEMONSTRATION. Section 40102(a)(37)(A) of title 49, United States Code, is amended— (1) by striking “or” in clause (i); (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: “(ii) owned by the United States Government and operated by any person for purposes related to crew training, equipment development, or demonstration; or”.

  6. Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 702(a) · 114 Stat. 61

    Amended · 49 U.S.C. § 40102(a)(37)

    Pub. L. 106–181, § 702(a), amended par. (37) generally, revising and restating provisions defining “public aircraft” to include references to qualifications found in section 40125(b) and (c)

    Source evidence

    Code amendment note
    Subsec. (a)(37). Pub. L. 106–181, § 702(a), amended par. (37) generally, revising and restating provisions defining “public aircraft” to include references to qualifications found in section 40125(b) and (c).

    Enacted provision · exact public law section
    (a) Definition of Public Aircraft.— Section 40102(a)(37) is amended to read as follows: “(37) ‘public aircraft’ means any of the following: “(A) Except with respect to an aircraft described in subparagraph (E), an aircraft used only for the United States Government, except as provided in section 40125(b). “(B) An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration, except as provided in section 40125(b). “(C) An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b). “(D) An aircraft 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 one of these governments, except as provided in section 40125(b). “(E) An aircraft owned or operated by the armed forces or chartered to provide transportation to the armed forces under the conditions specified by section 40125(c).”.

  7. Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 301 · 114 Stat. 61

    Added · 49 U.S.C. § 40102(a)(42)

    Pub. L. 106–181, § 301, added par. (42)

    Source evidence

    Code amendment note
    Subsec. (a)(42). Pub. L. 106–181, § 301, added par. (42).

    Enacted provision · exact public law section
    SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED. Section 40102(a) is amended by adding at the end the following: “(42) ‘air traffic control system’ means the combination of elements used to safely and efficiently monitor, direct, control, and guide aircraft in the United States and United States-assigned airspace, including— “(A) allocated electromagnetic spectrum and physical, real, personal, and intellectual property assets making up facilities, equipment, and systems employed to detect, track, and guide aircraft movement; “(B) laws, regulations, orders, directives, agreements, and licenses; “(C) published procedures that explain required actions, activities, and techniques used to ensure adequate aircraft separation; and “(D) trained personnel with specific technical capabilities to satisfy the operational, engineering, management, and planning requirements for air traffic control ”.

  8. Pub. L. 108–176 § 807 · 117 Stat. 2490

    Inserted · 49 U.S.C. § 40102(a)(15)(C)

    Pub. L. 108–176, § 807, inserted “which is under the actual control of citizens of the United States,” before “and in which”

    Source evidence

    Code amendment note
    Subsec. (a)(15)(C). Pub. L. 108–176, § 807, inserted “which is under the actual control of citizens of the United States,” before “and in which”.

    Enacted provision · exact public law section
    SEC. 807. AIR CARRIER CITIZENSHIP.   Section 40102(a)(15)(C) is amended by inserting “which is under the actual control of citizens of the United States,” before “and in which”.

    Effective date note
    Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

  9. Pub. L. 108–176 § 225(a) · 117 Stat. 2490

    1. Added · 49 U.S.C. § 40102(a)(29)(47)

      Pub. L. 108–176, § 225(a), added pars. (29), (31), (34), (36), and (42)

    2. Redesignated · 49 U.S.C. § 40102(a)(29)(47)

      Pub. L. 108–176, § 225(a), redesignated former pars. (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), and (42) as (30), (32), (33), (35), (37), (38), (39), (40), (41), (43), (44), (45), (46), and (47), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(29) to (47). Pub. L. 108–176, § 225(a), added pars. (29), (31), (34), (36), and (42) and redesignated former pars. (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), and (42) as (30), (32), (33), (35), (37), (38), (39), (40), (41), (43), (44), (45), (46), and (47), respectively.

    Enacted provision · exact public law section
    (a) In General.— Section 40102(a) is amended— (1) by redesignating paragraphs (38) through (42) as paragraphs (43) through (47), respectively; (2) by inserting after paragraph (37) the following: “(42) ‘small hub airport’ means a commercial service airport (as defined in section 47102) that has at least 0.05 percent but less than 0.25 percent of the passenger boardings.” ; (3) by redesignating paragraphs (33) through (37) as paragraphs (37) through (41) respectively; (4) by inserting after paragraph (32) the following: “(36) ‘passenger boardings’— “(A) means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior calendar year on an aircraft in service in air commerce, as the Secretary determines under regulations the Secretary prescribes; and “(B) includes passengers who continue on an aircraft in international flight that stops at an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose.” ; (5) by redesignating paragraph (32) as paragraph (35); (6) by inserting after paragraph (31) the following: “(34) ‘nonhub airport’ means a commercial service airport (as defined in section 47102) that has less than 0.05 percent of the passenger boardings.” ; (7) by redesignating paragraphs (30) and (31) as paragraphs (32) and (33), respectively; (8) by inserting after paragraph (29) the following: “(31) ‘medium hub airport’ means a commercial service airport (as defined in section 47102) that has at least 0.25 percent but less than 1.0 percent of the passenger boardings.” ; (9) by redesignating paragraph (29) as paragraph (30); and (10) by inserting after paragraph (28) the following: “(29) ‘large hub airport’ means a commercial service airport (as defined in section 47102) that has at least 1.0 percent of the passenger boardings.” .

    Effective date note
    Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

  10. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title X § 1078(a) · 122 Stat. 3

    1. Inserted · 49 U.S.C. § 40102(a)(41)(E)

      Pub. L. 110–181 inserted “or other commercial air service” after “transportation”

    2. Inserted · 49 U.S.C. § 40102(a)(41)(E)

      Pub. L. 110–181 inserted at end “In the preceding sentence, the term ‘other commercial air service’ means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations.”

    Source evidence

    Code amendment note
    Subsec. (a)(41)(E). Pub. L. 110–181 inserted “or other commercial air service” after “transportation” and inserted at end “In the preceding sentence, the term ‘other commercial air service’ means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations.”

    Enacted provision · exact public law section
    (a) Definition of Public Aircraft.— Section 40102(a)(41)(E) of title 49, United States Code, is amended— (1) by inserting “or other commercial air service” after “transportation”; and (2) by adding at the end the following: “In the preceding sentence, the term ‘other commercial air service’ means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations.”.

  11. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 title II § 205 · 126 Stat. 11

    1. Added · 49 U.S.C. § 40102(a)(4)

      Pub. L. 112–95 added subpars. (B) to (D)

    2. Redesignated · 49 U.S.C. § 40102(a)(4)

      Pub. L. 112–95 redesignated former subpar. (D) as (E)

    3. Substituted · 49 U.S.C. § 40102(a)(4)

      Pub. L. 112–95 substituted “any structure, equipment,” for “another structure” and “; and” for period at end

    4. Added · 49 U.S.C. § 40102(a)(4)

      Pub. L. 112–95 added subpar. (F)

    5. Struck · 49 U.S.C. § 40102(a)(4)

      Pub. L. 112–95 struck out former subpars. (B) and (C) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 112–95 added subpars. (B) to (D), redesignated former subpar. (D) as (E) and substituted “any structure, equipment,” for “another structure” and “; and” for period at end, added subpar. (F), and struck out former subpars. (B) and (C) which read as follows:

    “(B) a light; “(C) apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or other electromagnetic communication; and”.

    Enacted provision · exact public law section
    SEC. 205. DEFINITION OF AIR NAVIGATION FACILITY.   Section 40102(a)(4) is amended— (1) by redesignating subparagraph (D) as subparagraph (E); (2) by striking subparagraphs (B) and (C); and (3) by inserting after subparagraph (A) the following: “(B) runway lighting and airport surface visual and other navigation aids; “(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft; “(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;” ; (4) in subparagraph (E) (as redesignated by paragraph (1) of this section)— (A) by striking “another structure” and inserting “any structure, equipment,”; and (B) by striking the period at the end and inserting “; and”; and (5) by adding at the end the following: “(F) buildings, equipment, and systems dedicated to the national airspace system.” .

  12. FAA Reauthorization Act of 2018

    Pub. L. 115–254 div. B title III § 355(a) · 132 Stat. 3187

    Added · 49 U.S.C. § 40102(a)(41)(F)

    Pub. L. 115–254 added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (a)(41)(F). Pub. L. 115–254 added subpar. (F).

    Enacted provision · exact public law section
    (a) Public UAS Operations by Tribal Governments.— Section 40102(a)(41) of title 49, United States Code, is amended by adding at the end the following: “(F) An unmanned aircraft that is owned and operated by, or exclusively leased for at least 90 continuous days by, an Indian Tribal government, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), except as provided in section 40125(b).” .

  13. Pub. L. 118–63 title II § 215 · 138 Stat. 1054

    Added · 49 U.S.C. § 40102(a)(47)(E)

    Pub. L. 118–63 added subpar. (E)

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(47)(E). Pub. L. 118–63 added subpar. (E).

21 of 22 references resolved to an enrolled provision · 1 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
Pub. L. 103–272
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
40102(a)(1)49 App.:1301(2).Aug. 23, 1958, Pub. L. 85–726, §§ 101(2), (3) (less proviso), (5)–(10), 413, 72 Stat. 737, 770.
40102(a)(2)49 App.:1301(3) (less proviso).
40102(a)(3)49 App.:1301(4).Aug. 23, 1958, Pub. L. 85–726, § 101(4), 72 Stat. 737; Sept. 5, 1961, Pub. L. 87–197, § 3, 75 Stat. 467.
40102(a)(4)49 App.:1301(8).
40102(a)(5)49 App.:1301(10).
40102(a)(6), (7)49 App.:1301(5), (6).
40102(a)(8)49 App.:1301(7).
 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.
40102(a)(9)49 App.:1301(9).
40102(a)(10)49 App.:1301(11).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 101(11); added Nov. 9, 1977, Pub. L. 95–163, § 17(b)(2), 91 Stat. 1286; restated Oct. 4, 1984, Pub. L. 98–443, § 9(a)(1), 98 Stat. 1706.
40102(a)(11)49 App.:1301(12).Aug. 23, 1958, Pub. L. 85–726, § 101(12), (16)–(34), (37), (40), (41), 72 Stat. 737, 739; July 10, 1962, Pub. L. 87–528, § 1, 76 Stat. 143; Sept. 26, 1968, Pub. L. 90–514, § 1, 82 Stat. 867; Oct. 14, 1970, Pub. L. 91–449, § 1(2), 84 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, § 206, 88 Stat. 419; Nov. 9, 1977, Pub. L. 95–163, § 17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, § 2(a)(4), (b), 92 Stat. 1705.
40102(a)(12)(no source).
40102(a)(13)49 App.:1301(14) (less certificate).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 101(14) (less certificate), (15); added Oct. 24, 1978, Pub. L. 95–504, § 2(a)(1), 92 Stat. 1705.
40102(a)(14)49 App.:1301(15).
 49 App.:1551(b)(1)(E).Aug. 23, 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.
40102(a) (15)–(18)49 App.:1301(16)–(19).
40102(a)(19)49 App.:1301(20).
40102(a)(20)49 App.:1301(21).
 49 App.:1655(c)(1).
40102(a)(21)49 App.:1301(22).
40102(a)(22)49 App.:1301(23) (related to foreign air commerce).
40102(a)(23)49 App.:1301(24) (related to foreign air transportation).
40102(a)(24)49 App.:1301(23) (related to interstate and overseas air commerce).
40102(a)(25)49 App.:1301(24) (related to interstate and overseas air transportation).
 49 App.:1305(b)(2), (d) (related to (b)(2)).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 105(b)(2), (d) (related to (b)(2)); added Oct. 24, 1978, Pub. L. 95–504, § 4(a), 92 Stat. 1708.
40102(a) (26)–(32)49 App.:1301(25)–(31).
40102(a)(33)49 App.:1301(32).
40102(a)(34)49 App.:1301(35).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 101(35), (39); added Oct. 24, 1978, Pub. L. 95–504, § 2(a)(2), (3), (b), 92 Stat. 1705.
40102(a)(35)(no source).
40102(a)(36)49 App.:1301(33), (34).
40102(a)(37)49 App.:1301(36).Aug. 23, 1958, Pub. L. 85–726, § 101(36), 72 Stat. 739; Aug. 5, 1974, Pub. L. 93–366, § 206, 88 Stat. 419; Nov. 9, 1977, Pub. L. 95–163, § 17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, § 2, 92 Stat. 1705; Dec. 30, 1987, Pub. L. 100–223, § 207, 101 Stat. 1523.
40102(a)(38)49 App.:1301(37).
40102(a)(39)49 App.:1301(39).
40102(a)(40)49 App.:1301(40).
40102(a)(41)49 App.:1301(41).
40102(b)49 App.:1383.

In subsection (a)(2), the words “by any means” are substituted for “whether . . . or by a lease or any other arrangement” to eliminate unnecessary words. The word “provide” is substituted for “engage in” for consistency in the revised title.

In subsection (a)(3), the words “or navigation” are omitted as being included in the definition of “operation of aircraft” in this subsection.

In subsection (a)(4)(D), the words “having a similar purpose” are omitted as surplus.

In subsection (a)(6), the words “now known or hereafter” are omitted as surplus.

In subsection (a)(7), the words “of the engine” are substituted for “thereof” for clarity.

In subsection (a)(8)(A), the words “as the person” are omitted as surplus.

In subsection (a)(10), the word “transportation” is substituted for “carriage” for consistency in the revised title.

In subsection (a)(11), the words “of whatever description” are omitted as surplus. The word “navigation” is omitted as being included in the definition of “operate aircraft” in this subsection. The words “or mechanisms” are omitted because of 1:1.

Subsection (a)(12) is added for clarity to distinguish between cargo (which includes mail) and property (which does not include mail).

In subsection (a)(13), the word “provide” is substituted for “engage in” for consistency in the revised title.

In subsection (a)(14), the words “including inclusive tour charter trips” are omitted as obsolete. The words “authorized under this part” are substituted for “rendered pursuant to authority conferred under this chapter under regulations prescribed by the Board” to eliminate unnecessary words.

In subsection (a)(15)(A), the words “or of one of its possessions” are omitted as being included in the definition of “United States” in this subsection.

In subsection (a)(15)(C), the words “created or” are omitted as being included in “organized”.

In subsection (a)(17), the words “chapter 441 of this title” are substituted for “this chapter” for clarity because aircraft are registered only under chapter 441.

In subsection (a)(18), the text of 49 App.:1301(19) (last sentence) is omitted as surplus.

In subsection (a)(18)(A), before subclause (i), the words “title to” are added for clarity and consistency in this section.

In subsection (a)(18)(B)(i), the words “as compensation” are omitted as surplus.

In subsection (a)(18)(B)(ii), the words “it is agreed that”, “bound”, “full”, and “the terms of” are omitted as surplus.

In subsection (a)(19), the words “bill of sale . . . mortgage, assignment of mortgage, or other” are omitted as being included in “instrument”.

In subsection (a)(20), the words “of the United States” are omitted for consistency in the revised title and because of the definition of “navigable airspace” in this subsection.

In subsection (a)(21), the words “by any means” are substituted for “whether . . . or by lease or any other arrangement” to eliminate unnecessary words. The word “provide” is substituted for “engage in” for consistency in the revised title.

In subsection (a)(22)–(25) and (27), the words “transportation” and “passengers” are substituted for “carriage” and “persons”, respectively, for consistency in the revised title. The word “compensation” is substituted for, and is coextensive with, “compensation or hire”.

In subsection (a)(22) and (24), the words “or navigation” are omitted as being included in the definition of “operation of aircraft” in this subsection. The words “the conduct or” and “in commerce” are omitted as surplus. The words “when any part of the transportation or operation is by aircraft” are substituted for 49 App.:1301(23) (words after last semicolon) to eliminate unnecessary words.

In subsection (a)(23) and (25), the words “in commerce” are omitted as surplus. The words “when any part of the transportation is by aircraft” are substituted for 49 App.:1301(24) (words after last semicolon) to eliminate unnecessary words.

In subsection (a)(24), (25), and (27), the words “of the United States” are omitted as surplus.

In subsection (a)(24)(A)(i) and (25)(A)(i), the words “or the District of Columbia” the first time they appear are omitted as surplus.

In subsection (a)(25)(A)(ii), the text of 49 App.:1301(24)(a) (words between semicolons) is omitted because 49 App.:1305(b)(2) removes the subject matter of the text from the definition. See H. Rept. No. 95–1211, 95th Cong., 2d Sess., p.16 (1978).

In subsection (a)(26), the words “by any means” are substituted for “whether . . . or by a lease or any other arrangement” to eliminate unnecessary words. The word “provide” is substituted for “engage” for consistency in the revised title.

In subsection (a)(28), the word “place” is substituted for “locality” for consistency in the revised title.

In subsection (a)(32)(B), the words “(in the capacity of owner, lessee, or otherwise)” are omitted as surplus.

In subsection (a)(33), the words “in addition to its meaning under section 1 of title 1” are substituted for “any individual, firm, copartnership, corporation, company, association, joint stock association” for clarity because 1:1 is applicable to all laws unless otherwise provided. The words “governmental authority” are substituted for “body politic” for consistency in the revised title and with other titles of the United States Code.

Subsection (a)(35) is added to eliminate repetition of the words “rates, fares, or charges” throughout this part.

In subsection (a)(36), the text of 49 App.:1301(34) (1st sentence) is omitted as obsolete. Reference to the Canal Zone is omitted because of the Panama Canal Treaty of 1977. The text of 49 App.:1301(34) (last sentence) is omitted because of 48:734.

Subsection (a)(37)(A)(i) is substituted for “used exclusively in the service of any government” and “For purposes of this paragraph, ‘used exclusively in the service of’ means, for other than the Federal Government” for clarity and to eliminate unnecessary words.

Subsection (a)(37)(A)(ii) is substituted for “used exclusively in the service of any government or of any political subdivision thereof, including the government of any State, Territory, or possession of the United States, or the District of Columbia” and “For purposes of this paragraph, ‘used exclusively in the service of’ means, for other than the Federal Government, an aircraft which is owned and operated by a governmental entity for other than commercial purposes or which is exclusively leased by such governmental entity for not less than 90 continuous days” for clarity and to eliminate unnecessary words.

In subsection (a)(37)(B), the words “transporting passengers or property” are substituted for “engaged in carrying persons or property” for consistency in the revised title.

In subsection (a)(38), the words “that is to be installed at a later time” are substituted for “maintained for installation or use . . . but which at the time are not installed therein or attached thereto” to eliminate unnecessary words.

In subsection (a)(39), the word “authority” is substituted for “agency” and “entity” for consistency in the revised title. Before subclause (A), the words “department, agency, officer, or other” are omitted as being included in “authority”.

In subsection (a)(40), the words “bona fide” and “by solicitation, advertisement, or otherwise” are omitted as surplus. The words “furnishes, contracts” are omitted as being included in “providing, or arranging”.

In subsection (a)(41), the words “States of the United States” are substituted for “several States”, and the word “sea” is substituted for “waters”, for consistency in the revised title and with other titles of the Code.

Subsection (b) is substituted for 49 App.:1383 to eliminate unnecessary words.

Pub. L. 103–429

This makes a conforming amendment for consistency with the style of title 49.

Editorial Notes

Amendments1994–2024 · 8 rounds

2024

Subsec. (a)(47)(E). Pub. L. 118–63 added subpar. (E).

2018

Subsec. (a)(41)(F). Pub. L. 115–254 added subpar. (F).

2012

Subsec. (a)(4). Pub. L. 112–95 added subpars. (B) to (D), redesignated former subpar. (D) as (E) and substituted “any structure, equipment,” for “another structure” and “; and” for period at end, added subpar. (F), and struck out former subpars. (B) and (C) which read as follows:

“(B) a light;

“(C) apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or other electromagnetic communication; and”.

2008

Subsec. (a)(41)(E). Pub. L. 110–181 inserted “or other commercial air service” after “transportation” and inserted at end “In the preceding sentence, the term ‘other commercial air service’ means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations.”

2003

Subsec. (a)(15)(C). Pub. L. 108–176, § 807, inserted “which is under the actual control of citizens of the United States,” before “and in which”.

Subsec. (a)(29) to (47). Pub. L. 108–176, § 225(a), added pars. (29), (31), (34), (36), and (42) and redesignated former pars. (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), and (42) as (30), (32), (33), (35), (37), (38), (39), (40), (41), (43), (44), (45), (46), and (47), respectively.

2000

Subsec. (a)(37). Pub. L. 106–181, § 702(a), amended par. (37) generally, revising and restating provisions defining “public aircraft” to include references to qualifications found in section 40125(b) and (c).

Subsec. (a)(42). Pub. L. 106–181, § 301, added par. (42).

1997

Subsec. (a)(37)(A). Pub. L. 105–137 struck out “or” at end of cl. (i), added cl. (ii), and redesignated former cl. (ii) as (iii).

1994

Subsec. (a)(30). Pub. L. 103–429 substituted “this subpart and subpart III” for “subparts I and III”.

Subsec. (a)(35). Pub. L. 103–305 struck out “for air transportation” after “charge”.

Subsec. (a)(37)(B). Pub. L. 103–411 added subpar. (B) and struck out former subpar. (B) which read as follows: “does not include a government-owned aircraft transporting passengers or property for commercial purposes.”

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after , except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after , see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1994 Amendments

Amendment by Pub. L. 103–429 effective , see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Amendment by Pub. L. 103–411 effective on the 180th day following , see section 3(d) of Pub. L. 103–411, set out as a note under section 1131 of this title.

Amendment by Pub. L. 103–305 effective , see section 601(d) of Pub. L. 103–305, set out as a note under section 10521 of this title.

Definitions of Terms in Pub. L. 107–71

Pub. L. 107–71, title I, § 133, , 115 Stat. 636, provided that: “Except as otherwise explicitly provided, any term used in this title [see Tables for classification] that is defined in section 40102 of title 49, United States Code, has the meaning given that term in that section.”

Definitions Applicable to Pub. L. 106–181

Pub. L. 106–181, § 4, , 114 Stat. 64, provided that:

“Except as otherwise provided in this Act [see Tables for classification], the following definitions apply:

“(1)

Administrator.—

The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.

“(2)

Secretary.—

The term ‘Secretary’ means the Secretary of Transportation.”

Definitions Applicable to Pub. L. 103–305

Pub. L. 103–305, § 2, , 108 Stat. 1570, provided that:

“In this Act [see Short Title of 1994 Amendment note set out under section 40101 of this title], the following definitions apply:

“(1)

Administrator.—

The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.

“(2)

Secretary.—

The term ‘Secretary’ means the Secretary of Transportation.”

Executive Documents

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

Credits

1994–2024 · 11 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1097
  2. 1994Pub. L. 103–305, title VI, § 601(b)(2)(B), , 108 Stat. 1606
  3. 1994Pub. L. 103–411, § 3(a), , 108 Stat. 4236
  4. 1994Pub. L. 103–429, § 6(46), , 108 Stat. 4384
  5. 1997Pub. L. 105–137, § 6, , 111 Stat. 2641
  6. 2000Pub. L. 106–181, title III, § 301, title VII, § 702(a), , 114 Stat. 115, 155
  7. 2003Pub. L. 108–176, title II, § 225(a), title VIII, § 807, , 117 Stat. 2528, 2588
  8. 2008Pub. L. 110–181, div. A, title X, § 1078(a), , 122 Stat. 334
  9. 2012Pub. L. 112–95, title II, § 205, , 126 Stat. 39
  10. 2018Pub. L. 115–254, div. B, title III, § 355(a), , 132 Stat. 3305
  11. 2024Pub. L. 118–63, title II, § 215, , 138 Stat. 1054.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 1097; Pub. L. 103–305, title VI, § 601(b)(2)(B), , 108 Stat. 1606; Pub. L. 103–411, § 3(a), , 108 Stat. 4236; Pub. L. 103–429, § 6(46), , 108 Stat. 4384; Pub. L. 105–137, § 6, , 111 Stat. 2641; Pub. L. 106–181, title III, § 301, title VII, § 702(a), , 114 Stat. 115, 155; Pub. L. 108–176, title II, § 225(a), title VIII, § 807, , 117 Stat. 2528, 2588; Pub. L. 110–181, div. A, title X, § 1078(a), , 122 Stat. 334; Pub. L. 112–95, title II, § 205, , 126 Stat. 39; Pub. L. 115–254, div. B, title III, § 355(a), , 132 Stat. 3305; Pub. L. 118–63, title II, § 215, , 138 Stat. 1054.)

Parsed from the official OLRC USLM XML in data/usc_all/usc49.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t49/s40102