Aviation Law Chapter 1

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To what extent, if any, may state governments regulated the routes served and rates charged by airlines.

Governments may not regulate federally certificated airlines.

What has proved to be the most intractable problem facing international civil aviation on which to gain global agreement? Why?

Hijacking and terrorism. The nation whose airliner is attacked and others unsympathetic to the attackers' cause may view the attackers as terrorists or criminals while others who are sympathetic to their cause may view them as heroic freedom fighters or even religious martyrs (9-11)

An emerging nation wishes to enter into an agreement with the United States to facilitate regular airline service between the two nations. 1.) Which of the so-called "five freedoms of the air" would this involve? 2.) What agency of the U.S. government would it deal with to negotiate a treaty to provide such service? 3.) Once the treaty has been negotiated, is any further action by the U.S. government required to bring it into effect?

1.) The third and fourth freedom. 2.)The DOT consults with the State Department in the approval process. 3.) Permit issuance requires presidential approval.

NASA research efforts is related to what?

Aerodynamics and aviation technology

Until Congress passed and the President signed the Airline Deregulation Act of 1978, which agency of the U.S. government regulated airline economics (routes served and rates charged)?

CAB

What federal agency has regulatory authority over suborbital spacecraft?

FAA

Which agency of the U.S. government has the primary responsibility for regulating aviation safety?

FAA

Which agency of the U.S. government is responsible for the production of aeronautical charts?

FAA

An agency of the U.S. government is conducting research and experimentation of methods for detecting airframe ice and conveying the information to the flight crew in a useful format. What agency would be responsible for such experimentation? If that research and experimentation leads to a new technology, what agency of the U.S. government would establish the airworthiness standards for incorporation that technology into U.S. civil aircraft?

NASA would be responsible for conducting research and experimentation. ICAO establishes airworthiness standards.

What are the powers of the Civil Aeronautics Board (CAB) today?

None, it does not exist anymore.

Why did the nations represented at the 1944 Chicago Conference not agree to the "five freedoms of the air" then proposed by the United States? If a similar proposal were made today, do you think the international community would take the same position? Why?

Other nations realized that the U.S. would emerge as the market dominator in the airline industry. Today, they would have taken a different position since there is more widespread stability between nations and a more equal setting for competition in terms of fleet and manufacturing capabilities.

Which agency of the U.S. government is responsible for the day-to-day screening of airline passengers, baggage and cargo?

TSA

What federal agency was responsible for administering the airline bailout program Congress enacted shortly after the attacks of 9/11/2001?

The Air Transportation Stabilization Board (ATSB)

What federal agency is responsible for screening foreign applicants to U.S. flight schools for security risks?

The Department of Homeland Security (DHS)

You want to determine who owns a particular aircraft. Which agency of the U.S. government would have that information, and where would it be found.

The FAA Aircraft Registry in the FAA Aeronautical Center in Oklahoma City

You are the human resources director for a regional airline. One of your duties includes screening new pilots and maintenance personnel applying for jobs with the airline. As part of the process, your staff should check the FAA's records on each applicant's certificates, ratings, accident history, and FAR violation history. Where would they find this information?

The FAA's Mike Monroney Aeronautical Center in Oklahoma City

Which agency or agencies of the U.S. government operate radio aids to navigation?

The FAA, Lockheed Martin, the Coast Guard, the Department of Defense, and some local governments.

You are an engineer for an avionics company that is designing a new navigational system for civil aviation use. What organization establishes the technical specifications for radio aids to navigation? In what series of publications would you look to find these specifications?

The International Civil Aviation Organization (ICAO) establishes technical standards.

If the FAA and its counterpart agencies in other nations were interested in collaborating to make civil aircraft certification standards globally uniform, what organization would logically coordinate that effort? Where is that organization headquartered?

The International Civil Aviation Organization (ICAO), which is headquartered in Montreal.

An agency of the U.S. government is presently experimenting with and assisting in the development of technical standards for the components of the next generation air traffic control system (NextGen). What agency is responsible for that work, and where is it being carried out?

The National Aeronautics and Space Administration (NASA)

Which agency of the U.S. government regulates labor relations in the airline industry?

The National Mediation Board (NMB)

Your aircraft has been involved in an accident. What agency or agencies will investigate the accident? What agency will determine the probable cause of the accident?

The National Transportation Safety Board (NTSB) and the FAA

Who represents aviation interests in the President's cabinet?

The Secretary of Transportation

What federal agency is responsible for assuring the coordination and sharing of intelligence relating to threats against transportation?

The Transportation Security Oversight Board (TSOB)

What are "open skies" agreements?

This gives airlines of both countries the right to operate between any point in one country to any point in another, including to and from third countries.

Airlines providing international air service to the U.S. are required to transmit crew and passenger manifests electronically to what federal agency prior to departure?

U.S. Customs and Border Protection (CBP)

Does the National Aeronautics and Space Administration (NASA) have any aviation responsibilities other than technological and aerodynamic research and development? If so, describe.

Yes, NASA also 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.

Does the National Transportation Safety Board (NTSB) have any aviation responsibilities not relating directly to aircraft accidents? IF so, describe.

Yes, the NTSB also serves as the first level of appeal in cases where the FAA has taken enforcement action to suspend or revoke a certificate or to impose a fine.

Are there any privately owned and operated radio aids to navigation in the U.S?

Yes. Private industries own and operate approach aids and ILS and MLS equipment at remote airports served by some airlines.

The treaty (discussed above) providing for reciprocal air service is now in effect. The other nation wishes to designate its new national airline to provide a portion of the service under that agreement. Does the U.S. government have any say whether that airline will be permitted to provide that service to the U.S.? If so, how?

Yes. The DOT issues foreign air carrier permits. Presidential approval is required for the airline to operate within the U.S. regardless of the contract agreed upon.

What authority, if any, does the National Labor Relations Board (NLRB) have over labor relations in: a. The airline industry? b. Aerospace manufacturing? c. General aviation?

a. None b. Supervises union organization and elections, and rules on unfair labor practices claims in the aerospace manufacturing industry c. Same as (b) above except for on-demand charters and emergency medical air transportation


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