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State the definition of a regulation
A regulation is "a rule, an ordinance or law... to control, direct, or govern, according to a rule, principle or system."
List the five main areas of aviation regulation (in hierarchical order).
Safety, Economics, Environment, Consumer Protection, Industry Promotion
Safety regulation has focused on the safety of both persons who are flying and persons on the ground dating back to the ________ _________________ _________ ____ ___________, which regulated both airmen and aircraft, and established lighted airways for flight safety purposes.
Air Commerce Act of 1926
Safety regulation covers __________ _____________, ____________ __________, and _____________ _________________
airspace utilization, aircraft operations, airport development
Economic regulation pertains to government control over air carrier business practices, such as fares and market entry, which was phased out by the _________________ _________________ _____ of ________
Airline Deregulation Act of 1978
Ensuring "__________ ______________ _____ ___________" is central to the economic regulation of air carriers, which now operate in an environment governed by free market principles.
public convenience and necessity
______________ ____________ aims to protect both human and natural environments by regulating aircraft noise and emission and airport activity that impact the environment
Environmental regulation
In what two ways does consumer protection regulations benefit the flying public directly and indirectly?
1. Protecting passengers from abuse and potential abuse of their rights and assets
2. Providing for the compensation of passengers for unacceptable inconveniences such as passenger overbooking of flights, damage and loss of passenger property.
Promotion of aviation by air carriers and private entities is regulated by the US government, which promotes aviation through...
-funding multiple programs
-subsidizing essential air service program
-financing airport development, planning and aeronautical research
List the three major sources of aviation regulation
Government, Industry, The Marketplace
List and describe the three functions of government sources of aviation regulation.
Federal, State, Local
Federal
-Flight safety regulation
-Accident investigation and safety rules
State
-Pilot and aircraft registration
-Airport environmental regulation
Local
-Individual airport noise rules
-Airport tenant rules and contracts
_______________ regulation of aviation chiefly takes the form of self-regulation. Commonest forms of self-regulation are:
Industry
-Employee contracts, agreements
-Standards and Procedures Manuals
-Trade associations (AAAE, A4A, ACI, NBAA, etc,)
-Professional guidelines
-Academic Programs
-Standards for Members
The marketplace regulates through...
-Free market forces
-Capital markets
-Demand and Supply
-Growth or Extinction
-Insurance Requirements
-Insurance criteria and terms
The initial regulatory framework for aviation in the US was established by the.... (List the two Acts)
-Contract Airmail Act of 1925 (Kelly act)
-Air Commerce Act of 1926
The Air Commerce Act of 1926 established the national government's oversight role in aviation primarily on the basis of the "___________ ________" of the U.S. Constitution
Commerce Clause
The commerce clause describes an enumerated power listed in the United States Constitution, which states that the United States Congress shall have power "To regulate Commerce with __________ __________, and __________ _______ __________ _________, and with the _____________ ___________
foreign nations, among the several states, Indian tribes
What is Article I, Section 8, Clause 3 of the Constitution?
"Commerce Clause"
The main tenets of the Air Commerce Act of 1926 achieved the following:
1. Established safety regulations and charged the national government with the maintenance and operation of the airways
2. Provided for accident investigation
3. Promoted aeronautical research
The establishment of safety regulation comprised:
-Registration of aircraft, airmen, and air navigation facilities
-Establishment of air traffic rules for airmen
The passage of the Air Commerce Act of 1926 was affected and impeded by the following concerns:
1. State's rights
2. Authority over airspace
3. Cost and effectiveness of dispatching federal safety inspectors to certify airmen and aircraft
4. Limits of federal intrusion into the lives of private citizens
List the FAA's major regulatory functions:
1. Safety
-Regulating and promoting aviation safety
2. Air Traffic Control and air navigation
-Control of the use of navigable airspace
-Regulation of civil and military operations in
navigable airspace in the interest of safety and
efficiency
3. Airports
-Certification of airports serving air carriers under
FAR Part 139
-Funding airport construction and airway facilities to
promote aviation
4. Aviation policy and international aviation
-Establishing policies on airspace use, energy,
environment, managing international partnership
to ensure compliance with FAA airworthiness
standards.
The Federal Aviation Administration regulates aviation safety through the issuance of _______________ that demonstrate compliance with Federal Aviation Regulations.
certificates
The main regulatory certificates include: (List and Describe)
1.Airmen Certificates
2.Aircraft Certificates
3.Air Carrier Operating Certificate
4.Air Navigation Facility Certificate
5.Air Agency Rating Certificate
6.Airport Operating Certificate
The Federal Aviation Act of 1958 directed the FAA Administrator to encourage the development of civil aeronautics abroad. This directive resulted in the following main activities by the FAA:
1. Rulemaking
2. Supporting Export Activities
3. Providing Technical Assistance to Foreign Governments
4. Negotiation Bilateral and Multilateral Airworthiness Agreements
5. Playing a Leading Role in the Int'l Civil Aviation Organization
6. Provides War Risk Insurance
List Other Federal Regulators in aviation:
Department of Agriculture
Department of Commerce
Department of Energy
Department of Justice
Department of Labor
Department of Treasury
Commission on Civil Rights
Environment Protection Agency
Federal Communications Commission
Securities and Trade Commission (Stocks and Bonds)
United States Postal Service
State regulation of aviation __________ national regulation of aviation
preceded
________________ passed the first state law to govern aeronautics in 1911
Connecticut
In ________ Oregon established the first state aeronautics agency
1921
States are primarily involved in:
-Promoting air carrier service
-Owning, operating, and maintaining airports
-Conducting airport, airspace, and air service studies
-Providing financial and technical assistance to airports
-Offering aviation education programs for pilots, aircraft owners, airport mangers, and the general public
Local regulators of aviation comprise association or local and municipal governments below the state level, such as:
Regional Councils of Government (COGS)
Regional Planning Agencies
Counties, Cities, Towns
Airport Authorities and
Special Districts
Local regulation of aviation comprise:
Tenant agreements and obligations
Aircraft operating rules / traffic patterns
Airport noise and environmentally related rules
Zoning / compatible land use development ordinances
Parking, Public conduct, Emergency, Safety and Security, Miscellaneous (liability limits, smoking areas, etc.)