General Definitions .—
Limited Definition .—
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, § 6111 Stat. 2641 Pub. L. 106–181, title III, § 301114 Stat. 115 Pub. L. 108–176, title II, § 225(a)117 Stat. 2528 Pub. L. 110–181, div. A, title X, § 1078(a)122 Stat. 334 Pub. L. 112–95, title II, § 205126 Stat. 39 Pub. L. 115–254, div. B, title III, § 355(a)132 Stat. 3305 Pub. L. 118–63, title II, § 215138 Stat. 1054 (, , ; , , ; , , ; , , ; , , ; , title VII, § 702(a), , , 155; , title VIII, § 807, , , 2588; , , ; , , ; , , ; , , .)
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Historical and Revision Notes |
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Pub. L. 103–272 |
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Revised Section | Source (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.
section 1 of title 1In subsection (a)(33), the words “in addition to its meaning under ” 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
Amendments
Pub. L. 118–632024—Subsec. (a)(47)(E). added subpar. (E).
Pub. L. 115–2542018—Subsec. (a)(41)(F). added subpar. (F).
Pub. L. 112–952012—Subsec. (a)(4). 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”.
Pub. L. 110–1812008—Subsec. (a)(41)(E). 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.”
Pub. L. 108–176, § 8072003—Subsec. (a)(15)(C). , inserted “which is under the actual control of citizens of the United States,” before “and in which”.
Pub. L. 108–176, § 225(a)Subsec. (a)(29) to (47). , 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.
Pub. L. 106–181, § 702(a)2000—Subsec. (a)(37). , amended par. (37) generally, revising and restating provisions defining “public aircraft” to include references to qualifications found in section 40125(b) and (c).
Pub. L. 106–181, § 301Subsec. (a)(42). , added par. (42).
Pub. L. 105–1371997—Subsec. (a)(37)(A). struck out “or” at end of cl. (i), added cl. (ii), and redesignated former cl. (ii) as (iii).
Pub. L. 103–4291994—Subsec. (a)(30). substituted “this subpart and subpart III” for “subparts I and III”.
Pub. L. 103–305Subsec. (a)(35). struck out “for air transportation” after “charge”.
Pub. L. 103–411Subsec. (a)(37)(B). 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
Pub. L. 108–176section 3 of Pub. L. 108–176section 106 of this titleAmendment by applicable only to fiscal years beginning after , except as otherwise specifically provided, see , set out as a note under .
Effective Date of 2000 Amendment
Pub. L. 106–181section 3 of Pub. L. 106–181section 106 of this titleAmendment by applicable only to fiscal years beginning after , see , set out as a note under .
Effective Date of 1994 Amendments
Pub. L. 103–429section 9 of Pub. L. 103–429section 321 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 103–411section 3(d) of Pub. L. 103–411section 1131 of this titleAmendment by effective on the 180th day following , see , set out as a note under .
Pub. L. 103–305section 601(d) of Pub. L. 103–305section 10521 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 107–71Definitions of Terms in
Pub. L. 107–71, title I, § 133115 Stat. 636
Pub. L. 106–181Definitions Applicable to
Pub. L. 106–181, § 4114 Stat. 64
Administrator .—
Secretary .—
Pub. L. 103–305Definitions Applicable to
Pub. L. 103–305, § 2108 Stat. 1570
Administrator .—
Secretary .—
Executive Documents
Territorial Sea of United States
section 1331 of Title 43For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under , Public Lands.