Aviation 3200 Quiz #2 Quizlet

What was the first instance that caused air regulations to be made?

- The Airmail Act of 1925 established the US Post Office's pioneer air mail, highlighting the need for regulation

- One year later, after this commercial transportation of mail, the air commerce was estbalished may 20, 1926, which was the beginning of the FAA and aeronautical branch.

What were the first regulations regarding pilot's licenses?

- William P. McCracken Jr. led the Aureanatics organization

- required interstate commerce pilots to obtain a federal license

- regulations established for private and commercial certifications

Early history that shows the growing importance of aviation

- Department of Commerce renamed the Aeronautics Branch the Bureau of Air Commerce

- The Bureau encouraged a group of airlines to establish the first air traffic control

centers (Newark, Cleveland, Chicago) to provide enroute ATC

- Civil Aeronautics Act established an investigation board and the CAA as the authority to regulate airline fares and routes

In 1940, how was the civil aeronautics authority split"

Split into the Civil Aeronautics Administration (CAA)

and the Civil Aeronautics Board (CAB)

- CAA: responsible for ATC, airman & aircraft certification, safety enforcement, airway development

• Took over local airport control towers

- CAB:Safety rulemaking, accident investigation, economic regulation of airlines

What major crash caused concerns for more mitigation?

TWA & United crash over the Grand Canyon while VFR

Federal Aviaiton Act

- was to provide for the safe and efficient use of national airspace

- President Eisenhower signed the Federal Aviation Act which transferred the duties of the CAA to the FAA

- Amendment to the Act made it a crime to hijack an aircraft, interfere with an active

flight crew, or carry a dangerous weapon aboard an air carrier aircraft

Birth of the DOT

- President Johnson wanted to consolidate all federal transportation agencies

- The FAA (Agency) was transferred to the DOT and became the FAA (Administration)

- The CAB was transferred to the newly created NTSB

- Began redesign of the NAS through the use of radar, computers, and radios

Airport and Airway Develoopment act of 1970

- establish the Airport Aid Program funded by a special aviation trust fund and made the FAA responsible for the safety certification of airports served by air carriers

- ATC Command Center opens to coordinate traffic flow in the National airspace system

What made the airline industry competitive?

Airline Deregulation Act signed October 24, 1978

The Airline Deregulation Act signed October 24, 1978

• Created a highly competitive airline industry by allowing airlines to compete in a free market

What was the major ATC controller strike in 1981.

The labor agreement between the FAA and PATCO expired after several rounds of negotiations

- 12,300 of 15,000 controllers went on strike, and all were fired except 440, who we rehired after an appeals process. Supervisors, military, were brought in as a temporary fix, but forced the FAA to accelerate training programs for years.

What major plan was unveiled in 1982 to highlight the future of automation in the FAA?

The National Airspace System (NAS) Plan.

The 1982 NAS Plan marked the early beginnings of what modernization effort?

NextGen (Next Generation Air Transportation System).

What did the 1988 Aviation Safety Research Act direct the FAA to study?

Aging aircraft structures and human factors affecting safety.

In 1991, what replaced the NAS Plan?

The Capital Investment Plan.

What new technology did the 1991 Capital Investment Plan emphasize?

GPS and other novel technologies.

In 1995, what office moved to the FAA?

The Office of Commercial Space Transportation.

What organization was created by the 2000 AIR-21 Act?

The Air Traffic Organization (ATO).

What was the purpose of the ATO when it began operations?

ATO begins operations to provide the best service for the best value to the aviation industry

and the traveling public

• Five service units created

• En Route & Oceanic; Terminal; Flight Services; System Operations; and Technical Operations

The Vision 100 - Century of Aviation Reauthorization Act

Formal creation of NextGen

What is the FAA?

-The administrator has to promote the age flight of civil aircraft - can rescind, issue, or revise regulations necessary to carry the functions of the FAA

This means:

- they can make regulations regarding - safety concerns, national defense, general/commercial aviation, and more.

What can the administrator actually do with the authority?

Set regulations and minimum standards for pretty much everything aviation regulated, from inspections to equipment to pilots to airports, they regulate all

How does the FAA administrator get their position?

Nominated by the president, confirmed by senate - 5-year term

How does each branch of the government regulate the FAA?

Executive:

- appoints leadership

- sets aviation policy direction

- The administrator reports to the Secretary of Transportation

- DOT

Congress

- approved budget

- confirms administrative nominations

- mandates policy priorities

- can also investigate

Judicial

- FAA regulations can be challenged in court

- courts ensure compliance with the adminsitrtative procedure act

- Courts can overturn FAA rules

- shapes rulemaking transparency

Apply how the government runs in checks and balances using the 737 MAX incidents as an example

executive branch: DOT oversaws FAA recertification process before returning to service

Legislative - Investiagted FAAs certifcation practices with the court hearings - they investigate agencies and can mandate reform

Judicial

- lawsuits challenged the FAA oversight: courts reviewed certification

What is the annual government aviation budget like?

- Workforce: 44,000: ATC, inspectors, engineers, staff

- Budget: 20 billion: funded via airport and airway trust fund - this supports next gen, safety programs, and airport grants

What region is ohio in?

The great lakes region

How is the FAA organized?

Administrator

Chief of Staff

Associate administrator

Director

In addiiton there are 9 regions in which there is an FAA field office and aurentical centers in each

FAA is administration under the excetive branch and president

NTSB

accident investigators

TSA

security protcols

NASA

Research on drones, urban air mobility (UAM

US marshal service

Air Marshal & Federal Flight Deck Officer Program

FBI

terrorist watch lists

US military

Coordination of flights, GPS navigation

NWS, NOAA:

Weather prediction, space-based assets

What are the challenges to the FAA structure?

1. Internal challenges

- Aviation safety focuses on safety, meanwhile, air traffic organization focuses on efficiency

2. Proposed changes

- people want calls for Air traffic orginization privitization since it would have faster modernization and stable funding

- Space regulation needs faster, more flexible processes; space operations and commercial operations do not match - want greater coherence and autonomy

3. Future idea

Executive: Push for AI and sustainability

Legislative: 2028 FAA reauthorization is coming, which sets policy and funding direction

Judicial: increases scrutiny of environmental regulations

What gives the FAA the authority to issue regulations?

- From Congress through legislation or the president issuing orders, this gives the FAA the authority to create regulations to fit the intent of the law

- can not exceed its statutory authority

- FAA must follow an open public process act - administrative process procedures

How does the FAA decide to begin rulemaking?

- Legislation or order may contain a schedule for the FAA to take action

- More often FAA reviews its own authority and decides to take action on its own

Reasons to do this:

New Technology

• New Data for existing issues

• Accidents

• Petitions from interest groups

• Lawsuits

• Requests from other agencies

When can the public learn that the FAA plans to start rulemaking?

- the faa established a regulatory plan each fall and an agenda of regulatory and deregulations actions (unified agenda) in both the spring and fall

- These are published on reginfo.gov and regulations.gov also federal register

How does the FAA involve the public in developing a proposed rule?

The FAA usually asks the public for help through

1. the Aviation Rulemaking Committee (group of experts and important people from major indsutries)

2. A petition for rulemaking received from the public and asking for comment

3. Issuing an advanced notice of proposed rulemaking ANPRM

--> comments can influence the shape of teh final rule

What is the role of the President in

developing a proposed rule/ final rule?

- Since the President heads the Executive branch, they can review any proposed rule: May ask for a cost estimate and the benefits of the proposed rule

- looks for significant economic impact or impact on small businesses

How does the FAA propose a rule?

Notice of Proposed Rulemaking (NPRM) starts the official rulemaking process

- comments must be replied to - period open for up to 180 days if complex or 0 days if emergency (usually 30-60)

- if it did not receive good comments, they can reopen the period

FAA can have publich eharing to solicit comments

- Summary Section: summarizes the issues and actions under consideration

- Supplementary information section: AA discusses the merits of the proposed rule

--- finally will write text and put in CFR

What happens if the FAA receives negative

comments?

- The FAA can suspend the rulemaking process

• If the comments are major, it can modify the NPRM and reissue it as supplementary

• If the comments are minor, it can adjust the NPRM based upon the comments and move to final rulemaking

How is the final rule structured?

- similar to the NPRM

- Summary: says the problems and the goals of the new rule

- puts when it will be ineffective

- Basis and purpose: describes the facts, public commentsand explantion for not doing alternatives

- regulatory text

legislative intent

what the goal of the rule was

How is the final rule implemented?

- When the FAA publishes a rule, it usually takes 30 days before it's implemented

- Congress must see a copy of the final rule no less than 60 days

- only one rule by the FAA has been denied

- On the effective date, the Federal Register published the la,w and its added to the CFR

How is the judicial branch involved in this?

- After a final rule has been announced, the public may sue on the basis of hardship

- Courts look at the intent of the rule, and whether all of the procedural steps were followed leading to

implementation

• Courts can uphold, vacate, or place an injunction on the rule

• When vacated, normally the NPRM process starts all over

Where are regulations published?

In title 14 (aeronautics and space) or 49 ( transportation)

What is the difference between intent and interpretation in FAA regulations?

ntent = What the FAA meant when it created the rule.

Interpretation = How the rule is understood and applied in practice.

Intent is not always obvious from the regulatory text alone.

Where should you look to understand the FAA's intent behind a regulation?

Review the preamble in the Federal Register.

The preamble explains the "Who, What, Where, When, and Why" of the rule.

It includes

Guidance docs: help the public understand how to comply with regulations

ex) Advisory Circulars, FAA Orders, FAA Handbooks, general counsel rule interpretations, or an

interpretive rule.

Who is the front line in regards to compliance and enforcement?

Flight Standards District Office

• 78 offices around the country spread across 9 regions

• Staffed with a variety of Inspectors

FAA inspectors

Two categories:

1. Operations and airworthiness

2. Maintenace

Requirments:

-5,000 hours

- ATP certificate

- prior airline or corporate flight experience

- extensive operational background

- possible AP

- specializations like dispatch and cabin safety

- 6 months of training in oklahoma

What does the FSDO do?

- Low-flying aircraft Investigations

• Accident Investigations

• Air carrier certification and operations

• Aircraft maintenance

• Aircraft operational issues

• Aircraft permits

• Airmen certification (licensing) for pilots, mechanics, repairmen, dispatchers, and parachute riggers

• Certification and modification issues

• Enforcement of Airmen & Aircraft Regulations

How does the FAA ensure compliance?

Through multiple means and offices

- For the most part, a company is overseen by the closest office specializing in that area

- osu flight school is overseen by columbus FSDO

What are the pros and cons of having the nearest FSDO oversee operations?

Pros:

- close by to answer questions, attend ma eeting

- personal relationships can form

- paperwork can be learned and filled out properly to speed it up for both ends

Cons: - personal relations can form

What are the methods used for compliance of laws?

Ramp checks for the pilot and airplane

• Logbook audits for the pilot and airplane

• Review of appropriate paperwork

• Line checks

• Check rides for new pilots

• Recurring Check rides for Designated Examiners

• Required training programs for specific individuals (Candi goes to DE school each year)

• FAAST team training/public education

• Investigation of reported incidents; UAV use, low flying aircraft, ATC reports, etc..

• In general, coming out and hanging around and observing an airport

What happens when the FAA finds you doing something wrong?

For minor items the FAA usually just tells you about it and asks you to fix it

For somewhat minor items they ask you to fix it and then ask for proof

Planes can be marked as un-airworthy

• Pilots can be suspended or revoked

• Usually, suspension involves some sort of retraining

• Commonly referred to as a "709 ride."

• Comes from FSIMS Chapter 7...

709 ride

an FAA-mandated reexamination of a pilot's proficiency

Informal procedures and settlment

The FAA tries to use Informal Procedures as much as possible.

• They call you, you bring in evidence, plead your case, and a settlement is reached

• Most cases are often settled without full litigation process.

Results in

- fine

- license suspension or revocation

- consent order

Certificate actions

- The Enforcement Division may initiate certificate actions in the form

of certificate suspensions and revocations against persons and

entities holding FAA-issued certificates.

- Suspensions for fixed days - to deter others

- suspension of indefinite durations - prevents a certificate holder from exercising the privileges of a certificate holderwho meets the standard required to hold its certificate.

- certificate revocation - no longer qualified to hold a certificate

What happens if you appeal certificate actions

- appealed to the NTSB

- their judges look over it

- can be appealed to united states court of Appeals

Civil penalty actions

The enforcement division initiates a civil penalty

- fines can be up to $400,000 against persons and 50,000 agaisnt small businesses

- In general, fines are 1,100 or 27,500

- There are no dollar limitations for violations of the hazardous materials violations or commercial space statue

- if the penalty is in excess of said dollar amount, the FAA can compromise to a specified penalty amount to resolve the issue (compromise order) - they can make these compormise order so the person is not officially stated as guilty

- if no compromise, go to court

How does civil penalty process go

- initiates civil penalty by providing notice of penalty or proposed assessment

- may appeal notice and hear before the ALJ judges if not available or appealed, then NTSB, thenthe court of appeals

NASA forms

The Aviation Safety Reporting System (ASRS) receives, processes, and analyzes voluntarily submitted incident reports

reports from pilots, air traffic controllers, dispatchers, cabin crew, maintenance technicians, and others.

- can describe unsafe situations

- The goal is to identify deficiencies and discrepancies in the national airspace system

- provide date and improvements to the future national airspace system

What are the requirements for NASA forms

Incident must be:

- unintentional

- not involve criminal offense

- cant have violated previous regs in the previous 5 years

- sent within 10 days

After:

- you will get a code

- if FAA takes action the code will get you out of the penalty within reason

What are the challenges in getting people to comply?

- High costs of compliance

- keeping up with frequent regulatory updates

- resource constraint and worker shortages

- balancing strict enforcement with industry innovation

What are the FAA's emerging regulatory areas?

1. Unammned aircrafts (drones)

2. Urban air mobility - cert fromewroks

3. Commercial space - launches and reentries of space

4. Environmental concerns - noise - and emissions

National Airspace system

NAS

- foundations of US aviation modernized by next gen

- provides the framework for airspace and infrastructure

Air traffic organization

ATO

- FAA's operational arm, responsible for air traffic services across the NAS

Mission:

- provide safe and efficient air navigation to 17 percent of the Earth

- manage 35,000 employees

- control overseas

Core functions:

- operate ATC systems and towers

- maintain navigation and communication infrastructure

- implement next-gen tech

Safety focus:

- uses safety management systems to identify risks

- regular training of personnel, repair of equipment

Challenges

- asging infrastructure and staffing shortages

- integrating dromes

Innovation:

- remote tower tech

- ai assisted traffic flow management

AIr Traffic control

ATC

• controllers ensure separation, prevents collisions, and expedites traffic.

- tower controllers

- TRACON: handles departures and approaches

- ARTCC: manages en route traffic at high altitudes

- Command center: monitors flow across NAS

challenges:

- drones

- urban air mobility

- automation

- balance traffic and safety

How do ATO,ATC, and NAS work together

• ATO manages ATC workforce and tools.

• NAS modernization enhances ATC capabilities.

National airspace system

Provides access and organizes commercial, private, recreational, and military aircraft

Next gen program

FAA has revamped air traffic control infrastructure for communications,

navigation, surveillance, automation, and information management to increase the safety,

efficiency, capacity, predictability, flexibility, and resiliency of U.S. aviation. NextGen's scope includes

airport infrastructure improvements, new air traffic technologies and procedures, and safety and

security enhancements."

- advance NAS/ modernize

- increase capacity, reduce delays, lower emissions

- 30 percent reduction in delays by 2030

Key technology: ADSB out

Air Traffic Control System Command Center (A

ATCSCC

- located in warrenton virignia

- overseas, the NAS

- makes airspace management decisions based on weather etc

Who owns airports?

Can be both public or private entities

Who oversees airports in the United States and what offices are involved?

FAA

Key components of FAA:

- Office of airports

- ATO

- Region field office

What are the two primary pathways through which the FAA can have oversight?

- Part 139 - for scheduled air carrier services

- non part 139

Part 139 airport Requirments

- 520, 139 airports out of 20,000

Requirments:

- airport operating certs

• Safety standards for runways, taxiways, and signage.

• Airport Rescue and Firefighting (ARFF) services.

• Safety Management System (SMS) since 2016.

- Wildlife hazard management plans.

- Airport Emergency Plan (AEP) for accidents, natural disasters.

• ARFF response within 3 minutes for Index A airports.

What is the certification process of part 139

• Submit Airport Certification Manual (ACM) to FAA.

• FAA inspects facilities, ARFF, and safety protocols.

What is the compliance of a part 139 airport

• Annual FAA inspections and triennial full-scale emergency drills.

• Adherence to 14 CFR Part 139 subparts (e.g., Subpart D for operations).

What are non part 139 airports?

• General aviation airports, small reliever airports, or private airfields.

• Not required to hold an AOC unless serving specific operations.

- may receive FAA airport improvement grants

- voluntary compliance with FAA advisory circulars

- basic safety requirements

- limited faa inspections

- state or local regulations apply

Challenge: balancing safety with limited resources

What is the airport security infrastructure like? police..

Local police

- dedicated airport police

- municipal police

State and federal

- state police

FBI, USDA, TSA, CBP

• National Guard (when needed)

Transportation security administration

TSA:

- DHS manages airport security

- established post 9/11

Responsible for:

- passenger bag and screening

- regulate airport security

- airports develop ASPS (airport security program) which are approved by TSA

Customs and border protection

- manages international arrivals

- enforces immigration/ customs

Responsibilities:

- process international passengers and cargo

- inspect for contraband/ trade law violations

- airports provide facilities for CBP, maintain facilities, and support staffing

Challenges overview for part 139/non-139/ TSA/CBP

• Part 139: High compliance costs for ARFF and SMS.

• Non-139: Limited resources for safety upgrades.

• TSA/CBP: Balancing security with passenger experience

What are the airport's future trends

• Biometric screening integration by TSA.

• Digital Travel Documents

• CBP preclearance expansion for international efficiency.

• Part 139 updates for drone and UAM operations.