Federal Aviation Agency Essay Example For Students

Federal Aviation Agency Essay Topic: Federal Aviation AgencyScope: SafetyIn deciding which regulated industry to research, we wanted to pick one with plenty of information and one that was reasonably interesting to us. So, we have chosen to research the air transportation industry and the Federal Aviation Administration (FAA). We will be reporting on the types of FAA regulations the air transportation industry must adhere to. In addition to this, we will be explaining how compliance with these regulations is measured. Along the way, we will discuss legal controversies the aviation industry has encountered in meeting, or failing to meet, FAA regulations and standards. Finally, from the perspective of both the agency and the industry, we will look at the purpose and success of the regulations put forth by the FAA on the airline industry. Let us start with some background information about the Federal Aviation Administration.The FAA is part of an even bigger government agency called the Department of Transportation. The FAA can be found under the DOT, along with many other agencies such as The Federal Highway Administration (FHWA) and the Federal Railroad Administration (FRA), to name a few. The FAA was created in 1958 and was born out of the Civil Aeronautics Administration. Since then, the FAA has been responsible for regulating all types of air travel in the United States. From small, one-engine planes, to large passenger planes and everything in between, any type of air travel is under the jurisdiction of the FAA. The duties of the FAA will be further discussed in section one. Section two deals with hijacking. Section three deals with pilot licensure. The fourth and final section deals with airport noise and noise abatement. FAA Basic OutlineThe Federal Aviation Administration (FAA), which was formally known as the Federal Aviation Agency, was created in 1958 under the Federal Aviation Act. In 1967, the Department of Transportation Act was passed joining the aviation agency into the Department of Transportation. The Federal Aviation Administration has many duties and responsibilities. Under the Federal Aviation Act, they are responsible for the following:1.Regulate and promote air commerce and safety, as well protect the national defense;2.Create and regulate air space safely and efficiently, for both civilian and military purposes;3.Developing Aircrafts in the interest of science, to further innovation and safety;4.Collect Research and development in regards to air navigation facilities and safety;5.Installing and operating air navigation facilities;6.Developing a common standard for air traffic control and navigation for civil and military purposes;7.Developing and implementing programs to control aircraft noise, and other environment causes;Safety regulation is one of the most important and primary jobs of the FAA. The FAA is responsible for suing, enforcing, and regulating safety standards. They are also responsible for setting minimum standards for aircraft operation and maintenance. Al l the minimum standards for flight operation, and maintenance are located in the Airworthiness Inspectors Handbook. The FAA also creates rates and certifications for people that work, and use aircrafts. Another job of the Federal Aviation Administration is to manage air traffic safety. This task is done by creating and operating a large network of traffic control towers, air route traffic control centers and flight service stations facilities. In order to create such a large network, the agency maintains voice and data communication equipment, radar facilities, computer systems and visual display equipment with all the towers, stations and control centers. Research, Development and Engineering activities of the FAA provide for systems, procedures, facilities, that help for safe and efficient systems of air navigation and air traffic control for civilian and military aircrafts. The research provides for support and development for improved aircraft engines, propellers, and appliances. The research done however is not just limited to the aircraft, they also use help in aeromedical research. Aeromedical research provides knowledge for health and safety of agency employees and civilians. The FAAs major job is the development and incorporation of air traffic controls. Under the Federal Aviation Act of 1958 the agency was required to promote aviation safety and civil aviation by exchanging aeronautical information with foreign authorities. The information exchanged varies from certifying foreign repair stations, aviators, and mechanics to FAA standards. They also negotiate bilateral agreements for airworthy aircraft and components. The last activity that the FAA is responsible for is based on miscellaneous activities. Some of the most common miscellaneous activities deal primary with administering aviation insurance, and maintain aircraft loan programs. They also develop specific aeronautical charts, publish information dealing with airports and planes, and provide as the executive administration for the operation and maintenance of the Department of Transportation. Growth of the FSIA ands its Incorporation into Hijacking TortsAirline hijacking, also known as skyjacking, first occurred in the United States on May 1, 1961. This first episode dealt with a man who forced a commercial airliner in route to Miami to detour to Cuba. By the end of the year, four more planes had succumbed to this devastating new plague. While most of the earlier hijackings were non-violent and more profit driven, as the times changed, both economically and politically, so did the hijackers values for a more violent approach. A more destructive and dangerous wave of hijackings started appearing in Europe and the Middle East from 1968 onward. The newer breed of hijackers were more politically motivated and wanted more the destruction of the plane rather than any sort of ransom claim. Approximately $50 million dollars in damages and destruction was caused just within a 2-year span. This breed of hijackers created a global scare, and led to the creation of the Federal Aviation Administration in the United States. The FAA created mandatory safety requirements and procedures for airlines, airports, and employees. The FAA rules and procedures that deal directly with Hijacking are located in Chapter 7 section 1-5. These rules greatly helped decrease the amount of air traffic accidents and made airline transportation safer. The problem however was the inevitable fact that no matter how secure, or how many polices that were posted by the FAA, there was always to be a few cases of hijackers who manage to slip by the system. In order to fix this problem, or at least provide further remedy, the FAA helped amend new legislation making it possible for an individual to bring suit for money damages against a foreign state for personal injury or death caused by a state-sponsored terrorist act. This new amended legislation, Foreign Sovereign Immunities Act (FSIA), created a block against terrorists interested in purely economic and political gains through the seizing and re-distribution of international gov ernment land to the victims of the crime. This amended act, according to many experts, was one of the most controversial and most important laws created in the efforts to curb hijacking. The Foreign Immunities Act, however, went through a radical change to finally accept the new amended rules. Primarily, the act was based upon the notion of par non habet in parem imperium, which means an equal has no authority over an equal. This doctrine forbid any sovereign country from exercising jurisdiction over another state. This approach was first created in 1812 with the Schooner Exchange v McFaddon case. In this case, Justice Marshall stated that absolute sovereignty would require there to be no limitations imposed by the outside with free quality and absolute independence. This view of total independence was shortly outlived with the United States markets opening to more international markets. As the market started to become more global, the courts started moving away from totally sovereignty to more of an interpretive approach. In the cases of Ex parte Repulic of Peru and Republic of Mexico v Hoffman the Court created precedent to use a deference policy. This policy gave the State Department the ability to determine whether a foreign sovereign state was amendable to suit.However, this precedent created only more confusion as to when a state would receive immunity and when it would be denied. The confusion and inconsistency of the State Departments decisions in the sovereign immunity matter led to the Tate Letter. Part of the reason why the State Department was so inconsistent was because of all the diplomatic influences given. One of the most influential cases used to show the unfair power of diplomatic pressure was Isbrandsten Tankers, Inc v President of India. In this case, the government of India owned a large group of shipping vessels carrying grains to India as part of a massive food-shortage campaign. Through some misunderstanding or wrong doing, Isbrandsten Tankers filed suit against the Indian government in the United States District Court in New York.The Indian government claimed sovereignty and the District Court of appeals ended the case. The Isbrandsten Tanker did not have any possible financial way out. There was an outcry from the general public to create a fair standard to protect the people. In 1971 Jack Tate, the legal advisor to the State Department, wrote the Tate letter to further clarifying the requirements by implementing a restrictive theory of sovereign immunity. The restrictive theory stated that even though foreign states are immune to United States jurisdiction, there are exemptions that allow legal action to take place. The initial restrictive theory created the following exemptions: 1) Commercial Activity; 2) waiver of immunity; 3) property claims; 4) noncommercial torts occurring in the United States; and 5) International agreements. The Tate Letter also believed that the executive branch was not qualified to make legal decisions regarding immunity, and therefore believed the courts should be responsible for this task. The ability to sue for torts created by public non-commercial parties, however, was very debatable and was always in judicial limbo. However, the country was taking its first epic judicial step to destroying the immortal defense of sovereignt y used by other countries. For roughly around 20 years, the infamous Tate letter and the recommendations given by it were welcomed open-handedly. However during the 1990s two important cases, Saudi Arabia v Nelson and Smith v Socialist Peoples Libyan Arab Jamhiriya, along with the increase in terrorism made it clear that the FAA needs to change and modify the FSIA to make it more open to the victims rights. In 1983, Scott Nelson, an American, was hired into the King Faisal Specialist Hospital in Riyadh, Saudi Arabia. After approximately one year of work, Nelson discovered safety defects in the hospitals oxygen lines that created a very serious fire hazard. After advising the Hospital officials, the Saudi government arrested him and transported him to a Saudi Jail, where he was beaten and tortured for 39 days. It wasnt until Senator Edward Kennedy made a personal request did the Saudi government free him. In 1989 Nelson filed suit against the Saudi Government for damages against the Saudi Government, the Hospital in Riyadh, and Royspec, the hiring company for the Hospital. Nelson however was forced to file the lawsuit under the commercial activity exception of the FSIA because of the FSIA had very narrow exceptions. This angle greatly weakened the case for Nelson, and the court ultimately found in favor of the Saudi Government. Justice Souter stated that the abuse was not based upon a commercial activity within the meaning of the Act. The court also found that the conduct boiled down to the abuse of power of its police by the government which was monstrous and abusive, but still sovereign in nature. This case showed the clear problem that legal recourse was needed against official security forces of a foreign state. Anorexia Nervosa Study EssayIn conclusion, we have looked at a few of the regulations the FAA puts on pilots. We have seen that noncompliance with these regulations often results in court cases showing the pilot was either negligent or partially at fault for the mishaps in question. Overall, however, the FAA does a good job of keeping both pilots and their passengers safe when in the air. Through the strict guidelines and high standards to which pilots are held, the FAA has indeed done its job of promoting safety in air travel. When combining all of these factors together, it is no wonder that air travel is still considered to be the safest form of travel in the world, beating out popular options such as automobile and train travel!Noise abatementThere is no doubt that aircrafts and airports cause a lot of noise. This noise indisputably has a detrimental effect on the people who reside near airports. These citizens who live near airports are often at the center, and many times the cause, of controversies that seem to have no correct solution. The citizen groups generally seek to lessen the amount of noise they are subjected to, while airports and airlines tend to fight these measures in an effort to ensure the greatest profit. Aircraft noise has been found to cause serious problems to health in both physical and psychological areas. This noise not only affects the people who reside near airports during the day, but often this noise affects sleep and communication and other processes necessary to daily life. Excessive noise has been linked to serious health problems such as high blood pressure, cardiovascular disease, gastrointestinal problems, and the obvious hearing loss. It is quite clear that noise has serious affects beyond just being annoying, and it is very understandable that people who reside near airports would make an attempt to thwart the damaging effects of airport and aircraft noise as much as possible. This desire to avert damaging noise invariably leads citizens to various governmental bodies to seek conciliation. The road to conciliation has taken many paths over the past half-century, though. Historically, noise regulations have been put in place by local governments through ordinances. These ordinances have evolved to create actual maximum decibel level standards. Other measures taken by local governments include limiting the hours that aircrafts can take off and land at certain airports, and limitations on certain types of aircrafts, runways or flight patterns. More recently, however, noise regulation is generally achieved through the federal government, either through Congressional statute or administrative regulation, with the most dominant agency being the FAA. The Federal Aviation Act of 1958 was amended in 1968 to authorize the FAA to consider engine design in an effort to decrease noise levels in the Control and Abatement of Aircraft Noise and Sonic Boom Amendment. Here, allowing the FAA to regulate noise levels at the source enhanced the FAAs regulatory power. In 1972, the Office of Noise Abatement and Control (ONAC) was created under the EPA to determine the adequacy of FAA regulations on noise levels. Here the EPA was to make suggestions to the FAA for improvement of the regulation of noise levels, but the FAA did not implement many of the EPAs proposals. Congress has taken further steps to authorize federal governmental agencies to aid the FAA in regulating noise levels, and in 1990 Congress passed the Airport Noise and Capacity Act, which integrated the many local noise restrictions into one national noise policy. Here, citizen groups argued, the FAA was given unrestricted discretion in their ability to render local noise abatement measures useless. No longer were local governmental entities free to enact noise reduction measures. The FAA created national standards that the local governmental entities were to follow, thus limiting the discretion previously allowed to local governments in dealing with noise reduction. For the most part, airports or their proprietors must adhere to noise levels set forth by the FAA. Generally, the level of noise is averaged over a period of time, usually an entire day. The level is usually set at an average of 65 decibels over the twenty-four hour period. This average does not take into account the fact that many times the average may be low, but at various times during the twenty-four hour period the decibel levels rise well above the 65 decibels that is restricted by law. The FAA is to set the national standards for noise levels, which the local governmental entities are responsible for complying with. Conformity to the rules set forth by the FAA can lead to increased federal funding for local entities that want to reduce noise in the way that the FAA sees fit. This creates a system that is quite confusing to citizens looking to reduce noise levels in the interest of their health. Should the citizens go to the local government and demand they reduce levels through ordinances? This is problematic because local governmental entities are operating on slight budgets, at least compared to the federal government, and they cannot risk losing the funding of the FAA which finances noise abatement programs. Well then, should the citizens seek pacification with the FAA? This is may also prove ineffective because the FAA allots relatively little funding to noise abatement programs in light of other priorities faced by the FAA including crashes and air traffic con trol equipment. As is imaginable, many court actions have risen out of the desire of citizens to lower noise levels and businesses to maintain or increase profit. In City of Burbank v. Lockheed Air Terminal, INC. the City of Burbank issued a curfew on flights leaving from Hollywood-Burbank Airport.The curfew, which restricted flights from 11 p.m. to 7 a.m., affected only one flight per week. The District Court, the Court of Appeals and the Supreme Court all found the ordinance unconstitutional based on the Supremacy Clause. The Court maintained that it was the sole responsibility of the federal government, in this case the FAA, to enact rules dealing with noise. The Court further found that, in the interest of alleviating noise, the curfew was ill conceived because many flights would now leave directly prior to that deadline, thus escalating the noise problem. The Court generally relies on past legislation, such as the Noise Control Act of 1972, which directed by the FAA and the EPA to design regula tions to alleviate noise problems. The Court further explained that the control of noise is a state problem, however the FAA and EPA remain in control in these areas due to the 1972 legislation. The Court also made it clear that if they were to uphold the City of Burbanks ordinance, many other municipalities would enact similar ordinances, and severely limit the flexibility of FAA in controlling air traffic flow. The Court stressed that changes must be made by Congress to change the control of governmental entities over noise control. Legislation since that time has not aided municipalities in their efforts to curb the amount of noise at certain times of the day, as is seen by the 1990 legislation. Here municipalities were required to follow the standards set forth by the FAA. The Airport Noise and Capacity Act of 1990, although in an attempt to cater to the demands of citizen groups phased out older usually noisier aircrafts, the ability of local governments to set forth their own standards was drastically reduced. In order to truly address the problem of noise control, new measures must be taken. Citizens who live near airports will always complain of noise levels because airports and airplanes are simply loud. Airlines and airports will probably always complain about reducing noise levels because reducing noise levels requires the spending of money, which in turn means less profit. This would lead the cynic to believe that there is no solution. That may be true, but a happy medium can be reached where both sides compromise a little, but each side can still achieve their goal. This happy medium will not be achieved without the help of the government, though. Due to the FAAs broad responsibilities, such as crash investigations, and relatively little time and money spent on noise reduction, which is a very serious health problem to those who must endure it, the responsibility of devising a plan to reduce noise should be delegated outside of the FAA. The EPA seems a likely candidate, for they did take many steps to suggest the FAA change the rules regarding noise reduction, alth ough the FAA followed few of those recommendations. In order for ONAC, under the EPA, to be effective, however, they must be given not only more funding but greater authority in rulemaking and enforcement. This solution would appease the citizen groups who believe the FAA caters to the airline industry, and the ONAC would have the power, for example, to limit the decibel levels in residential areas around airports. It is unlikely, however, that the airline industry will be pleased with any increased regulations regarding noise reduction. Airlines should not fight these noise restrictions, however. With some creative spinning, airlines could easily convince people that they are ready and willing to lower the noise levels themselves. Airlines could effortlessly convey the idea that they are the driving force behind the reduction in noise levels, which will invariably lead to good publicity. Although some people will notice that the airlines are pursuing ulterior motives, the airlines will in fact be helping the people who reside near airports, and that it the ultimate goal. If the airlines can get some good press in aiding the people who live near airports, that is just an added bonus. ConclusionThe air transportation industry is clearly affected by many regulations, most of which are set forth by the FAA. The issue of safety is the most stressed. Safety in regards to hijacking, pilot licensure, and noise abatement have been discussed here in this paper. These areas only scratch the surface of the FAAs overall jurisdic tion. The FAAs original goal was to ensure the safety of all people who fly or come into contact with aircrafts; the growth of technology has created many new hurdles for the FAA to contend with. The FAA has evolved with technology, as well, and the original goal of providing safety is still achieved every day. Works Cited