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)