§ 40102. — Definitions.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC40102]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
subpart i--general
CHAPTER 401--GENERAL PROVISIONS
Sec. 40102. Definitions
(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) a light;
(C) apparatus or equipment for distributing weather
information, signaling, radio-directional finding, or radio or
other electromagnetic communication; and
(D) another structure or mechanism for guiding or
controlling flight in the air or the landing and takeoff of
aircraft.
(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 to the armed forces under
the conditions specified by section 40125(c).
(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; and
(D) trained personnel with specific technical capabilities
to satisfy the operational, engineering, management, and
planning requirements for air traffic control.
(b) Limited Definition.--In subpart II of this part, ``control''
means control by any means.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1097; Pub. L. 103-
305, title VI, Sec. 601(b)(2)(B), Aug. 23, 1994, 108 Stat. 1606; Pub. L.
103-411, Sec. 3(a), Oct. 25, 1994, 108 Stat. 4236; Pub. L. 103-429,
Sec. 6(46), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 105-137, Sec. 6, Dec.
2, 1997, 111 Stat. 2641; Pub. L. 106-181, title III, Sec. 301, title
VII, Sec. 702(a), Apr. 5, 2000, 114 Stat. 115, 155; Pub. L. 108-176,
title II, Sec. 225(a), title VIII, Sec. 807, Dec. 12, 2003, 117 Stat.
2528, 2588.)
Historical and Revision Notes
Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40102(a)(1)........................... 49 App.:1301(2). Aug. 23, 1958, Pub. L. 85-726, Secs.
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, Sec.
101(4), 72 Stat. 737; Sept. 5, 1961,
Pub. L. 87-197, Sec. 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, Sec.
6(c)(1), 80 Stat. 938; Jan. 12, 1983,
Pub. L. 97-449, Sec. 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, Sec. 101(11); added Nov. 9,
1977, Pub. L. 95-163, Sec. 17(b)(2),
91 Stat. 1286; restated Oct. 4, 1984,
Pub. L. 98-443, Sec. 9(a)(1), 98
Stat. 1706.
40102(a)(11).......................... 49 App.:1301(12). Aug. 23, 1958, Pub. L. 85-726, Sec.
101(12), (16)-(34), (37), (40), (41),
72 Stat. 737, 739; July 10, 1962, Pub.
L. 87-528, Sec. 1, 76 Stat. 143;
Sept. 26, 1968, Pub. L. 90-514, Sec.
1, 82 Stat. 867; Oct. 14, 1970, Pub.
L. 91-449, Sec. 1(2), 84 Stat. 921;
Aug. 5, 1974, Pub. L. 93-366, Sec.
206, 88 Stat. 419; Nov. 9, 1977, Pub.
L. 95-163, Sec. 17(b)(1), 91 Stat.
1286; Oct. 24, 1978, Pub. L. 95-504,
Sec. 2(a)(4), (b), 92 Stat. 1705.
40102(a)(12).......................... (no source).
40102(a)(13).......................... 49 App.:1301(14) (less Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
certificate). 731, Sec. 101(14) (less certificate),
(15); added Oct. 24, 1978, Pub. L. 95-
504, Sec. 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, Sec. 1601(b)(1)(E); added Oct.
4, 1984, Pub. L. 98-443, Sec. 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) Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
(related to (b)(2)). 731, Sec. 105(b)(2), (d) (related to
(b)(2)); added Oct. 24, 1978, Pub. L.
95-504, Sec. 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, Sec. 101(35), (39); added Oct.
24, 1978, Pub. L. 95-504, Sec.
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, Sec.
101(36), 72 Stat. 739; Aug. 5, 1974,
Pub. L. 93-366, Sec. 206, 88 Stat.
419; Nov. 9, 1977, Pub. L. 95-163,
Sec. 17(b)(1), 91 Stat. 1286; Oct.
24, 1978, Pub. L. 95-504, Sec. 2, 92
Stat. 1705; Dec. 30, 1987, Pub. L. 100-
223, Sec. 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.
Amendments
2003--Subsec. (a)(15)(C). Pub. L. 108-176, Sec. 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, Sec. 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, Sec. 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, Sec. 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.''
Effective Date of 2003 Amendment
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.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-181 applicable only to fiscal years
beginning after Sept. 30, 1999, 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 July 5, 1994, 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
Oct. 25, 1994, 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 Jan. 1, 1995, see section
601(d) of Pub. L. 103-305, set out as a note under section 10521 of this
title.
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.
Definitions of Terms in Pub. L. 107-71
Pub. L. 107-71, title I, Sec. 133, Nov. 19, 2001, 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, Sec. 4, Apr. 5, 2000, 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
Section 2 of Pub. L. 103-305 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.''
Section Referred to in Other Sections
This section is referred to in sections 106, 321, 1101, 1131, 5114,
40125, 44903, 47129, 47302, 47522 of this title; title 8 section 1184;
title 10 sections 2640, 9511, 9783; title 11 sections 365, 1110; title
15 section 2052; title 18 sections 31, 229F, 553; title 19 sections
1627a, 1644a, 2492; title 22 sections 5605, 6701; title 29 section 1301;
title 31 section 3726; title 39 sections 5005, 5007, 5402; title 42
sections 4902, 7574.