Practical Aviation & Aerospace Law Ch 1: "Regulatory Agencies and International Organizations"
the Civil Aeronautics Board (CAB) was gradually wound down as a result of
Congress' passage of the Airline Deregulation Act of 1978
the National Transportation Safety Board (NTSB) has exclusive authority to make the federal government's official finding of the
"probable cause" of all civil aircraft accidents, regardless of whether the investigation was conducted by NTSB or FAA personnel
the Air Transportation Safety and System Stabilization Act created the
Air Transportation Stabilization Board (ATSB)
the Transportation Security Administration (TSA) was originally established as an operating agency of the Department of Transportation (DOT), but moved into the
Department of Homeland Security (DHS) when that agency was created
foreign air carrier permits are issued by the
Department of Transportation (DOT), after consultation with the State Department and subject to presidential approval
the FAA also issues Airworthiness Directives (ADs), which are
FAA orders requiring some inspection or modification of previously certified aircraft
nearly all civil aircraft accidents in the United States are investigated by the
Federal Aviation Administration (FAA)
the Safer Skies initiative also led the FAA, NTSB, NASA, and a variety of industry organizations to form the
General Aviation Data Improvement Team (GADIT) to gather better data on general aviation accidents
in 2001, the Cape Town Convention on International Interests in Mobile Equipment created the
International Registry of Mobile Assets (IRMA), which became effective in 2006
regardless of which agency conducts the on-site investigation, it is always the
NTSB that must analyze the information and make the official finding of the probable cause of the accident
the FAA also performs the on-site investigation of general aviation aircraft accidents under delegated authority on behalf of the
National Transportation Safety Board (NTSB)
in civil aviation, the DOT amasses and publishes
a wealth of detailed operational and financial data and statistics on airlines and airports
now that the FAA is one of those many divisions of the DOT, the sole voice for all of these subordinate agencies in the president's cabinet is the
Secretary of Transportation
the DOT also issues
certificates of economic authority to U.S. carriers for interstate or foreign passengers and/or cargo and mail authority
the primary laws promulgated and enforced by the FAA are
the Federal Aviation Regulations
intended to facilitate financing and reduce costs for international transactions in aircraft, railroad rolling stock, and spacecraft, the International Registry of Mobile Assets (IRMA) provides
a global single-source to identify legal interests in certain specified aircraft, regardless of their nation of registry
Congress enacted the Aviation and Transportation Security Act of 2001, creating the
Transportation Security Administration (TSA)
the Aviation and Transportation Security Act also created the
Transportation Security Oversight Board (TSOB)
foreign air carriers designated by their country to provide service to the U.S. under an international air service agreement must receive
a foreign air carrier permit before commencing operations to the U.S.
the international Standards and Recommended Practices (SARPs), adopted by the International Civil Aviation Organization (ICAO) are published in
a series of documents known as Annexes to the treaty
each civil aircraft of U.S. manufacture is the product of three separate FAA inspection and certification processes. the FAA may issue
a Type Certificate, a Production Type Certificate, and an Airworthiness Certificate
define "pricing determined by market forces"
a fare can be disallowed only if both governments concur ("double disapproval pricing"), only allowed for certain specified reasons intended to assure competition
under the Secure Flight Program, the TSA is now responsible for
maintaining the Terrorist Watchlist and related No Fly and Selectee lists
the Advanced General Aviation Transport Experiments (AGATE) is intended to help revitalize the general aviation industry by
advancing the use of new technologies in aircraft and developing new training methods for pilots
the Civil Aeronautics Board (CAB) was formerly the powerful regulator of
airline economics, including routes flown and routes served by U.S. airlines and foreign airlines serving the U.S.
the International Air Transport Association (IATA) works closely with the International Civil Aviation Administration (ICAO) on technical issues involving
airline operations, safety and security
define "liberal charter arrangements"
airlines may chose to operate under the charter regulations of any signatory country
the FAA certifies not only flight crew members, but also
airmen other than flight crew members
the FAA is responsible for regulation and licensing of commercial space launch and re-entry operations, but lacks regulatory authority over the
airworthiness/spaceworthiness of the spacecraft
the FAA operates a single centralized registry for
all cvil aircraft in the United States and for certain powerful aircraft engines and propellers
subsequent modifications and improvements to a new aircraft design require additional FAA certification, through
amendments to the Type Certificate, by issuance of a Supplemental Type Certificate
the Federal Trade Commission (FTC) and Department of Justice (DOJ) police all industries for
anticompetitive practices
the Merit System Protection Board (MSPB) hears
appeals of federal employee grievances
Immigration and Customs Enforcement (ICE) prioritizes the
apprehension, arrest, and removal of convicted criminals, those who pose a threat to national security, fugitives, and recent border entrants
once the State Department has negotiated a treaty, it must be
approved and executed by the president and ratified by the Senate
the Occupational Safety and Health Administration (OSHA) is empowered to
assess fines for violations and order employers to correct unsafe conditions
the Transportation Security Oversight Board (TSOB) was made responsible for
assuring the coordination and sharing of intelligence relating to threats against transportation
the FAA also investigates incidents in which
aviation safety may have been jeopardized but no accident occurred
the FAA regulates
aviation safety, airspace use, and to a certain extent, aircraft noise
the National Transportation Safety Board's (NTSB duties cover a broad range of civil transportation modes, including
aviation, highway, marine, pipeline, and hazardous materials transportation accidents
define "fair and equal opportunity to compete"
carriers of all signatory nations may establish sales offices in all others, may convert earnings and remit them to the home country in hard currency and without restrictions, may provide their own ground handling services or choose among competing providers, may arrange ground transport of air cargo, and are guaranteed access to customs services
11 days after the terrorist attacks of September 11, 2001, Congress passed the Air Transportation Safety and System Stabilization Act to
compensate victims of the attacks for their losses and to aid the recovery of U.S. airlines from the financial consequences of the attacks
the NBM supervises union efforts to organize workers, elections, and conducts the
compulsory mediation procedures the Railway Labor Act (RLA)requires as a mandatory step toward resolving major labor-management disputes within the airline industry
the DOT also regulates
deceptive and anticompetitive practices by airlines and airports to protect consumers and foster competition in the airline industry
define "cooperative marketing arrangements"
designated airlines may enter into code-sharing ot leasing arrangements with airlines of other signatory countries, with those of third countries, and even with surface transportation companies
the Advanced General Aviation Transport Experiments (AGATE) is a consortium of industry, higher education, and government entities focused on
developing technologies for general aviation
the FAA also certifies air carriers and commercial operators, including
domestic, flag, and supplemental air carriers; foreign air carriers operating in the United States, commuter and on-demand operators, rotorcraft external load operators, agricultural aircraft operators, and airports serving certified air carriers; pilot schools and aviation training centers, aircraft and component repair stations, and aviation maintenance technician schools
the National Labor Relations Board (NLRB) regulates
major labor-management relations in all U.S. industries except the airlines and railroads
define "safety and security"
each signatory government agrees to observe high standards of aviation safety and security, and to render assistance to the others in certain circumstances
the FAA Aircraft Registry in the FAA Aeronautical Center in Oklahoma City maintains files on
every aircraft that has ever been issued an "N-number" signifying U.S. registry
the International Air Transport Association (IATA) and the International Civil Aviation Administration (ICAO) have formed an alliance with the Flight Safety Foundation (FSF) to
exchange information and promote the best airline safety practices
responsibility for the production of government aeronautical charts, once the domain of the Department of Commerce's National Ocean Service (NOS), has been transferred to
the Federal Aviation Administration (FAA)
another DHS agency, working in close coordination with Customs and Border Protection (CBP) and the U.S. Marshals Service, Immigration and Customs Enforcement (ICE) law enforcement activities focus more on
identification and apprehension of removable aliens, detention and removal of illegal aliens who are already within the United States
NASA administers the confidential Aviation Safety Reporting Program (ASRP), designed to
identify problems in the National Air Transportation System, especially those related to air traffic control
Safer Skies is an FAA initiative that involves a wide range of government and industry organizations in an effort to
improve the safety record of general and commercial aviation
the Transportation Security Administration (TSA) was created with the express purpose of
improving security in all modes of transportation
although not technically a regulatory agency, the International Civil Aviation Organization (ICAO) was organized
in late 1944 at the Chicago Conference
the TSA also took over from the FAA the responsibility for
inspecting and testing security measures at airports
Congress also empowered the TSA to receive, assess, and distribute
intelligence information related to transportation security
the International Civil Aviation Organization (ICAO) adopted technical standards known as
international Standards and Recommended Practices (SARPs)
the Department of Justice (DOJ) is also reponsible for
investigation and prosecution of federal crimes relating to aviation
U.S. Customs and Border Protection (CBP) is the
largest federal law enforcement agency and is part of the Department of Homeland Security
define "free market competition"
no restrictions on number of airlines the signatory nations may designate to provide service under the treaty, or on capacity, frequency of service, or types of aircraft
in late 2004, the Screening Partnership Program (SPP) enabled airports to
obtain TSA approval to replace federal screeners with qualified, TSA-approved private sector vendors
the First Freedom of the Air is
overflight without landing
the U.S. Department of Transportation (DOT) houses a variety of federal agencies dealing with
policy and regulation of various means of transportation of people and goods
Customs and Border Protection (CBP) is responsible for
preventing terrorists and terrorist weapons, unauthorized persons, illegal drugs, and other contraband from entering the United States
one of the International Air Transportation Association's (IATA) most important functions is its clearinghouse in London, which
rapidly settles accounts amounting to over $30 billion annually for interline transactions among member airlines, airline-associated airlines, and associated traveling agents
at the 1944 Chicago Conference, the United States sought basically a free global market for the airlines, proposing the nations of the world agree to
recognize the Five Freedoms of the Air
the Deregulation Act prohibited all states except Alaska from
regulating the economics of federally certificated air carriers
the FAA's activities cover a wide range, and include
regulation, certification, registration, security, cartography, education, funding, investigation, and operations
the Occupational Safety and Health Administration (OSHA) regulates
safety and health in the American workplace, publishing and enforcing specific health and safety regulations, requiring employers to keep records of all workplace injuries and accidents, and inspecting workplaces to ensure compliance
define "Seventh Freedom" rights
some open skies agreements include authority for an airlines of one signatory nation to operate all-cargo services between another signatory nation and a third country via flights not linked to the airline's homeland
state governments are also free to regulate commerce, as long as
state rules do not conflict with federal law or unduly burden interstate or foreign commerce
in the Commercial Space Launch Amendments Act of 2004, Congress has given the FAA sole regulatory authority over
suborbital aircraft
the Occupational Safety and Health Act that created the Occupational Safety and Health Administration (OSHA) as a federal administrative agency also empowered states to
take responsibility for enforcing occupational safety and health standards through OSHA-approved state plans
the FAA operates a great variety of aviation facilities and equipment, including:
the Air Traffic Control System, Radio Aids to Navigation, National Airports, Aeronautical Center, and Technical Center
the head of the Federal Aviation Administration (FAA) is
the FAA Administrator
sole regulatory authority over suborbital spacecraft is now exercised by
the FAA's Office of Commercial Space Transportation
when the Chicago Conference failed to reach agreement on its second goal of regulating international civil aviation's routes, fares, frequency, and capacity, the international airlines formed their own trade association to address these issues, known as
the International Air Transportation Association (IATA)
unlike most other industries, labor-management relations in the airlines are governed not by the National Labor Relations Board (NLRB) under the National Labor Relations Act, but by
the National Mediation Board (NMB) under the Railway Labor Act of 1926, made applicable to common carriers by air in 1936
the Occupational Safety and Health act created and empowered
the Occupational Safety and Health Administration (OSHA)
the Transportation Security Oversight Board (TSOB) was an extremely high-level panel composed of
the Secretaries of Homeland Security, Transportation, Defense, and Treasury; the Attorney General, and the Director of National Intelligence, along with a presidential appointee representing the National Security Council (NSC)
the head of the Department of Transportation (DOT) is
the Secretary of Transportation
the Aviation and Transportation Security Act transferred the FAA's former air carrier security function to
the Transportation Security Administration (TSA)
the State Department negotiates treaties between
the United States and other nations
The FAA educates members of the aviation community on new developments and matters pertaining to aviation safety through a system of publications, such as
the advisory circulars, and through safety seminars and recertification programs for flight instructors, pilot examiners, mechanics holding inspection authorization, and others
under the Airport Improvement Program (AIP), the FAA distributes federal matching funds for
the construction of new airports, the improvement of existing airports, and related airport planning
the FAA Aircraft Registry files in the FAA Aeronautical Center in Oklahoma City include
the entire history of the sequence of owners of the aircraft and other legal interests in the aircraft, such as liens and encumbrances
define "dispute settlement and consultation"
the model text agreement (available on the State Department website) includes procedures for settling differences that may arise under the agreement
Congress and President George W. Bush created
the new Department of Homeland Security (DHS)
the Seventh Freedom of the Air is
the right to carry traffic between two foreign nations without going through the home country
the Eighth Freedom of the Air (also called cabotage) is
the right to carry traffic between two points in a foreign country
the Sixth Freedom of the Air is
the right to carry traffic from one nation through the homeland and on to a third nation
Open Skies Agreements do not limit the service provided by airlines of signatory nations to specific city pairs, but give the airlines of both countries
the right to operate between any point in one country and any point in another, as well as to and from third countries
the Office of Personnel Management (OPM) establishes
the rules and procedures and practices for federal employment
in the Federal Aviation Act of 1958, Congress made the Federal Aviation Administration (FAA) primarily responsible for
the safe and efficient use of the nation's airspace
in aerodynamics, NASA research & development led to
the supercritical airfoil now in general use on high-performance aircraft, and the "Whitcomb winglet", both of which increase aircraft efficiency and conserve aviation fuels
the Fifth Freedom of the Air is
to carry passengers and cargo beyond nation "B" to another nation and return
the Third Freedom of the Air is
to carry passengers and cargo from nation "A" to nation "B"
the Fourth Freedom of the Air is
to carry passengers and cargo from nation "B" to nation "A"
the National Transportation Safety Board (NTSB) is an independent federal agency whose primary responsibility is
to investigate transportation accidents, determine the "probable cause" of each accident, and recommend to the appropriate regulatory agencies measures that might prevent similar accidents in the future
the Second Freedom of the Air is
to land for non-traffic purposes such as refueling or maintenance, but not to load or unload passengers or cargo
the Federal Labor Regulations Authority (FLRA) oversees
union organizing and collective bargaining by federal employees
the National Labor Relations Board (NLRB) supervises
union organizing efforts and elections, and rules of unfair labor practice claims in the aerospace manufacturing industry and general aviation
the FAA also investigates all reports of
violations of the Federal Aviation Regulations (FARs)