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139-563: The Federal Aviation Administration ( FAA ) is a U.S. federal government agency within the U.S. Department of Transportation which regulates civil aviation in the United States and surrounding international waters . Its powers include air traffic control , certification of personnel and aircraft , setting standards for airports, and protection of U.S. assets during the launch or re-entry of commercial space vehicles. Powers over neighboring international waters were delegated to

278-410: A metonym for the federal government. The United States government is based on the principles of federalism and republicanism , in which power is shared between the federal government and state governments . The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of

417-464: A "prior experience" bid, where anyone with an FAA Control Tower Operator certificate (CTO) and 52 weeks of experience could apply. This was a revolving bid, every month the applicants on this bid were sorted out, and eligible applicants were hired and sent directly to facilities, bypassing the FAA academy entirely. In the process of promoting diversity, the FAA revised its hiring process. The FAA later issued

556-451: A CAB certificate. The results of such investigations were not necessarily a foregone conclusion. In 1976, the CAB ended a long investigation by deciding ZIA was, in fact, not a common carrier (and thus did not require certification), going against the decision of its own administrative law judge. Ironically, this happened only a year before ZIA separately applied for and received certification as

695-536: A CTI certificate allowed a prospective controller to skip the Air Traffic Basics part of the academy, about a 30- to 45-day course, and go right into Initial Qualification Training (IQT). All prospective controllers, CTI or not, have had to pass the FAA Academy in order to be hired as a controller. Failure at the academy means FAA employment is terminated. In January 2015 they launched another pipeline,

834-636: A Special Agent with the Office of Inspector General for the Department of Transportation and with FAA Security, is one of the most outspoken critics of FAA. Rather than commend the agency for proposing a $ 10.2 million fine against Southwest Airlines for its failure to conduct mandatory inspections in 2008, he was quoted as saying the following in an Associated Press story: "Penalties against airlines that violate FAA directives should be stiffer. At $ 25,000 per violation, Gutheinz said, airlines can justify rolling

973-624: A bigger impact on the CAB. The 1966 Act established the National Transportation Safety Board (NTSB) as part of DOT, which absorbed the CAB safety function, which was to investigate most airline accidents. Unlike the FAA, which (renamed as the Federal Aviation Administration) became part of DOT in the 1966 Act, the CAB remained an independent government agency. While CAB regulation suppressed free competition , it provided security for

1112-519: A college that offered a CTI program. Before the change, candidates who had completed coursework at participating colleges and universities could be "fast-tracked" for consideration. However, the CTI program had no guarantee of a job offer, nor was the goal of the program to teach people to work actual traffic. The goal of the program was to prepare people for the FAA Academy in Oklahoma City, OK. Having

1251-707: A complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction , state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts. Both court systems have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in

1390-613: A few cases. The judicial power extends to cases arising under the Constitution, an Act of Congress ; a U.S. treaty ; cases affecting ambassadors , ministers and consuls of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were

1529-419: A few government facilities", and that humanity would never get to Mars under those rules. A Designated Engineering Representative (DER) is an engineer who is appointed under 14 CFR section 183.29 to act on behalf of a company or as an independent consultant (IC). The DER system enables the FAA to delegate certain involvement in airworthiness exams, tests, and inspections to qualified technical people outside of

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1668-483: A flight instructor (Gold Seal certification), a 50-year aviator (Wright Brothers Master Pilot Award), a 50-year mechanic (Charles Taylor Master Mechanic Award) or as a proficient pilot. The latter, the FAA " WINGS Program ", provides a lifetime series of grouped proficiency activities at three levels (Basic, Advanced, and Master) for pilots who have undergone several hours of ground and flight training since their last WINGS award, or "Phase". The FAA encourages volunteerism in

1807-429: A four-year degree or five years of full-time work experience to apply, rather than the closed college program or Veterans Recruitment Appointment bids, something that had last been done in 2008. Thousands were hired, including veterans, Collegiate Training Initiative graduates, and people who are true "off the street" hires. The move was made to open the job up to more people who might make good controllers but did not go to

1946-531: A large Indiana-based air travel club. Voyager, which had a fleet comprising a Boeing 720 , two Lockheed Electras and some piston aircraft and its own terminal at Indianapolis Airport , unsuccessfully appealed to the federal courts. The chief pilot of Voyager was George Mikelsons , who left to found what later became ATA Airlines . The CAB went on to shut two other large clubs in 1974 and 1975. Notwithstanding these enforcement actions, in November 1979 (within

2085-425: A new airport aid program and certain added responsibilities for airport safety. During the 1960s and 1970s, the FAA also started to regulate high altitude (over 500 feet) kite and balloon flying. By the mid-1970s, the agency had achieved a semi-automated air traffic control system using both radar and computer technology. This system required enhancement to keep pace with air traffic growth, however, especially after

2224-706: A new independent agency, the Civil Aeronautics Authority . The legislation also expanded the government's role by giving the CAA the authority and the power to regulate airline fares and to determine the routes that air carriers would serve. President Franklin D. Roosevelt split the authority into two agencies in 1940: the Civil Aeronautics Administration (CAA) and the Civil Aeronautics Board (CAB). CAA

2363-425: A report that the "bio-data" was not a reliable test for future performance. However, the "Bio-Q" was not the determining factor for hiring, it was merely a screening tool to determine who would take a revised Air Traffic Standardized Aptitude Test (ATSAT). Due to cost and time, it was not practical to give all 30,000 some applicants the revised ATSAT, which has since been validated. In 2015 Fox News levied criticism that

2502-621: A series of midair collisions—most notably the 1956 Grand Canyon mid-air collision ) prompted passage of the Federal Aviation Act of 1958 . This legislation passed the CAA's functions to a new independent body, the Federal Aviation Agency. The act also transferred air safety regulation from the CAB to the FAA, and gave it sole responsibility for a joint civil-military system of air navigation and air traffic control. The FAA's first administrator, Elwood R. Quesada ,

2641-478: A single elected term." Under the Presentment Clause of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or veto the bill by returning it to the chamber where it originated. If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without

2780-619: A special election can take place. The House and Senate each have particular exclusive powers. For example, the Senate must approve (give " advice and consent " to) many important presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in

2919-537: A supplemental air carrier. Air travel clubs were membership organizations, nominally private, that had their own aircraft and ran trips for members. In 1968, the FAA instituted Part 123 of the Federal Aviation Regulations under which air travel clubs had their own operational requirements. Starting in the early 1970s, the CAB went after some of the largest air travel clubs for being de-facto common carriers. In 1973, it shut down Voyager 1000,

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3058-515: A trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country." The president may also negotiate and sign treaties, but ratifying treaties requires the consent of two-thirds of the Senate. Article II's Appointments Clause provides that the president "shall nominate, and by and with the Advice and Consent of

3197-626: Is a set of programs to implement a suite of incremental changes to the National Airspace System (NAS). More precise Performance Based Navigation can reduce fuel burn, emissions, and noise exposure for a majority of communities, but the concentration of flight tracks also can increase noise exposure for people who live directly under those flight paths. A feature of the NextGen program is GPS-based waypoints, which result in consolidated flight paths for planes. The result of this change

3336-577: Is appointed for a five-year term. On March 19, 2019, President Donald Trump announced he would nominate Stephen Dickson, a former executive and pilot at Delta Air Lines , to be the next FAA Administrator. On July 24, 2019, the Senate confirmed Dickson by a vote of 52–40. He was sworn in as Administrator by Transportation Secretary Elaine Chao on August 12, 2019. On February 16, 2022, Dickson announced his resignation as FAA Administrator, effective March 31, 2022. In September 2023, President Joe Biden announced that he would be nominating Mike Whitaker to lead

3475-582: Is established in Article Two of the United States Constitution , which vests executive power in the president of the United States . The president is both the head of state (performing ceremonial functions) and the head of government (the chief executive). The Constitution directs the president to " take care that the laws be faithfully executed " and requires the president to swear or affirm to "preserve, protect and defend

3614-710: Is headquartered in Washington, D.C. , and also operates the William J. Hughes Technical Center near Atlantic City, New Jersey , for support and research, and the Mike Monroney Aeronautical Center in Oklahoma City, Oklahoma , for training. The FAA has nine regional administrative offices: The Air Commerce Act of May 20, 1926, is the cornerstone of the U.S. federal government 's regulation of civil aviation. This landmark legislation

3753-402: Is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating the public, and evaluate executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. Congress's oversight function takes many forms: The executive branch

3892-604: Is one delegate each from Washington, D.C. , Guam , the Virgin Islands , American Samoa , the Commonwealth of the Northern Mariana Islands , and a resident commissioner from Puerto Rico . Unlike the U.S. Senate , all members of the U.S. House must be elected and cannot be appointed. In the case of a vacancy, the seat must be filled through a special election, as required under Article 1 of

4031-614: Is that many localities experience huge increases in air traffic over previously quiet areas. Complaints have risen with the added traffic and multiple municipalities have filed suit. As a result of the March 10, 2019 Ethiopian Airlines Flight 302 crash and the Lion Air Flight 610 crash five months earlier, most airlines and countries began grounding the Boeing 737 MAX 8 (and in many cases all MAX variants) due to safety concerns, but

4170-588: Is the commander-in-chief of the armed forces . Under the Reception Clause , the president is empowered to "receive Ambassadors and other public Ministers"; the president has broad authority to conduct foreign relations, is generally considered to have the sole power of diplomatic recognition , and is the United States' chief diplomat, although the Congress also has an important role in legislating on foreign affairs, and can, for example, "institute

4309-482: The Airline Deregulation Act of 1978 phased out the CAB's economic regulation of the airlines. A nationwide strike by the air traffic controllers union in 1981 forced temporary flight restrictions but failed to shut down the airspace system. During the following year, the agency unveiled a new plan for further automating its air traffic control facilities, but progress proved disappointing. In 1994,

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4448-474: The Constitution , and this is the name that appears on money, in treaties, and in legal cases to which the nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively. In casual conversation or writing, the term "Federal Government" is often used, and

4587-621: The Department of Commerce assumed primary responsibility for aviation oversight. In fulfilling its civil aviation responsibilities, the U.S. Department of Commerce initially concentrated on such functions as safety regulations and the certification of pilots and aircraft. It took over the building and operation of the nation's system of lighted airways, a task initiated by the Post Office Department . The Department of Commerce improved aeronautical radio communications—before

4726-510: The Federal Aviation Administration just like any other carrier. Uncertificated carriers , known by a variety of names over time, such as contract carriers or Part 45 carriers , were airlines which escaped CAB regulation by not being common carriers - in other words, they did not hold themselves out to the public as a carrier. Zantop Air Transport was an example of such a company, flying aircraft on behalf of

4865-532: The U.S. Tax Court , are specialized courts handling only certain kinds of cases, known as subject matter jurisdiction . The Bankruptcy Courts are supervised by the district courts, and, as such, are not considered part of the Article III judiciary. As such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration. The Tax Court is an Article I Court, not an Article III Court. The district courts are

5004-505: The United States District Courts , which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state, known as diversity jurisdiction . There are three levels of federal courts with general jurisdiction, which are courts that handle both criminal and civil suits between individuals. Other courts, such as the bankruptcy courts and

5143-914: The United States Postal Service (USPS), NASA , the Central Intelligence Agency (CIA), the Environmental Protection Agency (EPA), and the United States Agency for International Development (USAID). In addition, there are government-owned corporations , including the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation . The Judiciary, under Article III of

5282-614: The Watres Act , which had regulated commercial aviation since the mid-1920s, and created a new agency, the Civil Aeronautics Authority. The agency was renamed in 1940, due to a merger with the Air Safety Board. It became an independent agency under Reorganization Plans Nos. III and IV of 1940, effective on June 30, 1940. The Air Safety Board had formed in 1938. Other predecessor agencies included

5421-661: The White House staff, the National Security Council , the Office of Management and Budget , the Council of Economic Advisers , the Council on Environmental Quality , the Office of the U.S. Trade Representative , the Office of National Drug Control Policy , and the Office of Science and Technology Policy . Outside of the EOP and the executive departments are a number of independent agencies . These include

5560-508: The federal district (national capital) of Washington, D.C. , where the majority of the federal government is based. The U.S. federal government is composed of three distinct branches: legislative , executive , and judicial , whose powers are vested by the U.S. Constitution in the Congress , the president , and the federal courts , respectively. The powers and duties of these branches are further defined by acts of Congress, including

5699-646: The fuselage of an aircraft , but was prevented by supervisors he said were friendly with the airline. This was validated by a report by the Department of Transportation which found FAA managers had allowed Southwest Airlines to fly 46 airplanes in 2006 and 2007 that were overdue for safety inspections, ignoring concerns raised by inspectors. Audits of other airlines resulted in two airlines grounding hundreds of planes, causing thousands of flight cancellations. The House Transportation and Infrastructure Committee held hearings in April 2008. Jim Oberstar , former chairman of

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5838-593: The militia , exercise exclusive legislation in the District of Columbia , regulate interstate commerce , and to make laws necessary to properly execute powers. Over the two centuries since the United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the United States Supreme Court . Congressional oversight

5977-411: The 1960s had already brought the agency into the field of civil aviation security. In response to the hijackings on September 11, 2001, this responsibility is now primarily taken by the Department of Homeland Security . The FAA became more involved with the environmental aspects of aviation in 1968 when it received the power to set aircraft noise standards. Legislation in 1970 gave the agency management of

6116-484: The 50 states is determined by state populations, and it is updated after each decennial U.S. Census. Each member serves a two-year term. In order to be elected as a representative, an individual must be at least 25 years of age, must have been a U.S. citizen for at least seven years, and must live in the state that they represent. In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one resident commissioner . There

6255-647: The Aeronautics Branch (1926–1934), the Bureau of Air Commerce (1934–1938), and the Bureau of Air Mail, Interstate Commerce Commission (1934–38). The first air accident investigation led by the CAB was the 1940 Lovettsville air disaster . Some duties were transferred to the Federal Aviation Agency in 1958. The National Transportation Safety Board (NTSB) was established in 1967, taking over air accident investigation duties. Under

6394-399: The CAB allowed local service carriers to compete on some routes with trunklines and some local service carriers became sizeable airlines. However, as shown in the table below, in 1978, just prior to deregulation, the largest local service carrier Allegheny (soon to rename itself USAir ) was still smaller in revenue terms than the smallest trunk, National , and basic operating statistics show

6533-401: The CAB from regulating certain things: frequency, equipment, accommodations and facilities. It was up to the carrier to determine what aircraft it flew and how often and what airport or ticket facilities it built/rented, and so forth. However, the CAB did generally require a minimum adequate service, e.g. often two flights/day, in a market. The Civil Aeronautics Authority Act of 1938 superseded

6672-647: The CAB saw as making them common carriers. For instance, in February 1961, the issued a cease-and-desist order to, among others, Trans Global Airlines, Inc. aka Golden State Airlines, a Part 45 carrier, for carrying passengers to the Dunes Hotel in Las Vegas for "free". The fact that transportation was provided as part of the cost of accommodation did not make the airline any less a common carrier, and therefore guilty of providing interstate air transportation without

6811-481: The CAB's taxonomy of certificated scheduled airlines (see "Airline categories" below). However, in 1972 the CAB expanded this category to include aircraft of 30 passengers or fewer, with a payload of less than 7,500 lbs. Such carriers did have to obtain Federal Aviation Administration operational/safety certification but were otherwise able to fly wherever they pleased. The CAB would, on occasion, also exempt air-taxi or commuter operators to operate aircraft larger than

6950-886: The Cabinet who are appointed by the president. These are the White House Chief of Staff, Administrator of the Environmental Protection Agency, Director of the Office of Management & Budget, United States Trade Representative, U.S. Ambassador to the United Nations, Chairman of the Council of Economic Advisers, and Administrator of the Small Business Administration. The heads of the 15 departments are chosen by

7089-599: The Civil Aeronautics Authority Act that created the CAB. These were carriers such as United Air Lines , American , TWA , etc, all with origins going back to the 1920s and 1930s. For a summary, see the table below. After World War II, the CAB certificated a second set of scheduled carriers, the local service carriers . In theory, local service airlines served smaller routes than the trunklines, though most trunklines tended to have some legacy points on their networks that were quite small. Over time,

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7228-724: The Civil Aeronautics Board to regulate airlines was established by the Civil Aeronautics Act of 1938. The 1938 Act was amended by the Federal Aviation Act of 1958, but the main effect of that was to establish the Federal Aviation Agency (FAA), which among other things regulated (as it still does) airline operations and safety. The 1966 Department of Transportation Act, which established the US Department of Transportation (DOT), had

7367-470: The Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by a constitutional interpretation by the courts. One of the theoretical pillars of the U.S. Constitution is the idea of " checks and balances " among the powers and responsibilities of the three branches of American government: the executive, the legislative, and

7506-510: The Congress. The United States Congress , under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral , comprising the House of Representatives and the Senate . The U.S. House of Representatives is made up of 435 voting members, each of whom represents a congressional district in a state from where they were elected. Apportionment of seats among

7645-714: The Constitution of the United States." Legal scholars William P. Marshall and Saikrishna B. Prakash write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates the English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both." Many presidential actions are undertaken via executive orders , presidential proclamations , and presidential memoranda . The president

7784-705: The Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. Article III section I of the Constitution establishes the Supreme Court of the United States and authorizes the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by

7923-497: The Constitution. Some make a case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states, or other recognized entities. Since the American Civil War , the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following

8062-615: The Constitution; all other powers are reserved to the states and the people. The Constitution also includes the Necessary and Proper Clause , which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana and Georgia , which have runoffs , and Maine and Alaska , which use ranked-choice voting . Congress has

8201-418: The FAA and Boeing had colluded on recertification test flights, attempted to cover up important information and that the FAA had retaliated against whistleblowers. SpaceX CEO Elon Musk criticized the FAA as moving too slowly, after a 2020 launch of a Starship prototype rocket violated the company's license. Musk said the agency's regulations are tailored for "a handful of expendable launches per year from

8340-474: The FAA announced it will allow airlines to expand the passengers use of portable electronic devices during all phases of flight, but mobile phone calls would still be prohibited (and use of cellular networks during any point when aircraft doors are closed remains prohibited to-date). Implementation initially varied among airlines. The FAA expected many carriers to show that their planes allow passengers to safely use their devices in airplane mode , gate-to-gate, by

8479-795: The FAA by authority of the International Civil Aviation Organization . The FAA was created in August ;1958  ( 1958-08 ) as the Federal Aviation Agency, replacing the Civil Aeronautics Administration (CAA). In 1967, the FAA became part of the newly formed U.S. Department of Transportation and was renamed the Federal Aviation Administration. The FAA's roles include: The FAA operates five "lines of business". Their functions are: The FAA

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8618-770: The FAA called the Air Traffic Organization , (ATO) was set up by presidential executive order. This became the air navigation service provider for the airspace of the United States and for the New York (Atlantic) and Oakland (Pacific) oceanic areas. It is a full member of the Civil Air Navigation Services Organisation . The FAA issues a number of awards to holders of its certificates. Among these are demonstrated proficiencies as an aviation mechanic (the AMT Awards),

8757-411: The FAA declined to ground MAX 8 aircraft operating in the U.S. On March 12, the FAA said that its ongoing review showed "no systemic performance issues and provides no basis to order grounding the aircraft." Some U.S. Senators called for the FAA to ground the aircraft until an investigation into the cause of the Ethiopian Airlines crash was complete. U.S. Transportation Secretary Elaine Chao said that "If

8896-440: The FAA discriminated against qualified candidates. In December 2015, a reverse discrimination lawsuit was filed against the FAA seeking class-action status for the thousands of men and women who spent up to $ 40,000 getting trained under FAA rules before they were abruptly changed. The prospects of the lawsuit are unknown, as the FAA is a self-governing entity and therefore can alter and experiment with its hiring practices, and there

9035-511: The FAA identifies an issue that affects safety, the department will take immediate and appropriate action." The FAA resisted grounding the aircraft until March 13, 2019, when it received evidence of similarities in the two accidents. By then, 51 other regulators had already grounded the plane, and by March 18, 2019, all 387 aircraft in service were grounded. Three major U.S. airlines-- Southwest , United , and American Airlines —were affected by this decision. Further investigations also revealed that

9174-430: The FAA proposed to fine Southwest $ 10.2 million for failing to inspect older planes for cracks, and in 2009 Southwest and the FAA agreed that Southwest would pay a $ 7.5 million penalty and would adopt new safety procedures, with the fine doubling if Southwest failed to follow through. In 2014, the FAA modified its approach to air traffic control hiring. It launched more "off the street bids", allowing anyone with either

9313-430: The FAA shifted to a more step-by-step approach that has provided controllers with advanced equipment. In 1979, Congress authorized the FAA to work with major commercial airports to define noise pollution contours and investigate the feasibility of noise mitigation by residential retrofit programs. Throughout the 1980s, these charters were implemented. In the 1990s, satellite technology received increased emphasis in

9452-448: The FAA when acting under the authority of a DER appointment; a DER has no federal protection for work done or the decisions made as a DER. Neither does the FAA provide any indemnification for a DER from general tort law . "The FAA cannot shelter or protect DERs from the consequences of their findings." A DAR is an individual appointed in accordance with 14 CFR 183.33 who may perform examination, inspection, and testing services necessary to

9591-427: The FAA's development programs as a means to improvements in communications, navigation, and airspace management. In 1995, the agency assumed responsibility for safety oversight of commercial space transportation, a function begun eleven years before by an office within DOT headquarters. The agency was responsible for the decision to ground flights after the September 11 attacks . In December 2000, an organization within

9730-401: The FAA. Qualifications and policies for appointment of Designated Airworthiness Representatives are established in FAA Order 8100.8 , Designee Management Handbook . Working procedures for DERs are prescribed in FAA Order 8110.37 , Designated Engineering Representative (DER) Handbook . Neither type of DER is an employee of either the FAA or the United States government. While a DER represents

9869-444: The FAA. Whitaker previously served as deputy administrator of the FAA under President Barack Obama . The FAA has been cited as an example of regulatory capture , "in which the airline industry openly dictates to its regulators its governing rules, arranging for not only beneficial regulation, but placing key people to head these regulators." Retired NASA Office of Inspector General Senior Special Agent Joseph Gutheinz , who used to be

10008-695: The Federal Aviation Administration as it became one of several agencies (e.g., Federal Highway Administration, Federal Railroad Administration, the Coast Guard, and the Saint Lawrence Seaway Commission) within DOT. The FAA administrator no longer reported directly to the president, but instead to the Secretary of Transportation. New programs and budget requests would have to be approved by DOT, which would then include these requests in

10147-582: The House and 19 in the Senate, plus 4 joint permanent committees with members from both houses overseeing the Library of Congress , printing, taxation, and the economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by the subcommittees, of which there are around 150. The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include

10286-425: The House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes the bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in

10425-469: The House plus its two senators). The District of Columbia has a number of electoral votes "equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State". A President may also be seated by succession . As originally drafted, there was no limit to the time a President could serve, however

10564-505: The International Community (commonly abbreviated as CANIC) is a notification from the FAA to civil airworthiness authorities of foreign countries of pending significant safety actions. The FAA Airworthiness Directives Manual, states the following: 8. Continued Airworthiness Notification to the International Community (CANIC). The FAA issued a CANIC to state the continued airworthiness of the Boeing 737 MAX , following

10703-568: The Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States " while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." These appointments delegate "by legal authority a portion of

10842-493: The Twenty-second Amendment, ratified in 1951, originally limits any president to serving two four-year terms (8 years); the amendment specifically "caps the service of a president at 10 years" by providing that "if a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than

10981-404: The U.S. Constitution. In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of the Senate stands for election every two years. If a vacancy occurs, the state governor appoints a replacement to complete the term or to hold the office until

11120-657: The US automakers on a private basis (before it acquired a supplemental certificate in 1962). "Part 45" was a reference to the then Civil Aviation Regulations under which the then Federal Aviation Agency regulated the operations/safety of such non-common carrier operators. Over time, the Civil Aviation Regulations (subsequently the Federal Aviation Regulations ) changed. Instead of Part 45, such uncertificated carriers were moved to being regulated under Part 42. They then became known as Part 42 carriers . Finally,

11259-526: The aftermath of the Southwest Airlines inspection scandal, a bill was unanimously approved in the House to tighten regulations concerning airplane maintenance procedures, including the establishment of a whistleblower office and a two-year "cooling off" period that FAA inspectors or supervisors of inspectors must wait before they can work for those they regulated. The bill also required rotation of principal maintenance inspectors and stipulated that

11398-592: The airways. In 1936, the Bureau itself took over the centers and began to expand the ATC system. The pioneer air traffic controllers used maps, blackboards, and mental calculations to ensure the safe separation of aircraft traveling along designated routes between cities. In 1938, the Civil Aeronautics Act transferred the federal civil aviation responsibilities from the Commerce Department to

11537-402: The case from state court to federal court. The United States Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over

11676-454: The case of Hawaii, flying overwater between the islands, which was upheld in court as being intrinsically interstate commerce because the Federal government had domain over the seas. Note that the Federal government, while not providing economic regulation over intrastate carriers, did regulate them from an operational/safety standpoint. For those purposes intrastate airlines were regulated by

11815-448: The case of air taxis, the CAB chose not to regulate. In the case of intrastate airlines, it was legally unable to. Restriction of flying to a single state was not sufficient to avoid CAB regulation; the additional measures to avoid interstate commerce were critical. Furthermore, flying within a single state was generally interpreted strictly. An aircraft flying outside the boundaries of that one state could trigger CAB authority, including, in

11954-472: The chairmanship of John Robson, the Civil Aeronautics Board "in April 1976 did the unthinkable, becoming the first regulatory body to support deregulation," which President Gerald Ford first spurred in February 1975 with a proposal to abolish the CAB altogether. In the late 1970s, during the administration of President Jimmy Carter , and under the guidance of his economic advisor Alfred E. Kahn (who had specialized in regulatory economics, having written one of

12093-404: The chambers to consider urgent matters. The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the Senate ; this means that they are the designated presiding officer of the Senate. In that capacity,

12232-424: The committee, said its investigation uncovered a pattern of regulatory abuse and widespread regulatory lapses, allowing 117 aircraft to be operated commercially although not in compliance with FAA safety rules . Oberstar said there was a "culture of coziness" between senior FAA officials and the airlines and "a systematic breakdown" in the FAA's culture that resulted in "malfeasance, bordering on corruption". In 2008

12371-561: The crash of Ethiopian Airlines Flight 302 . Federal government of the United States [REDACTED] [REDACTED] The federal government of the United States ( U.S. federal government or U.S. government ) is the common government of the United States , a federal republic located primarily in North America , comprising 50 states , five major self-governing territories , several island possessions , and

12510-440: The creation of executive departments and courts subordinate to the U.S. Supreme Court . In the federal division of power, the federal government shares sovereignty with each of the 50 states in their respective territories. U.S. law recognizes Indigenous tribes as possessing sovereign powers , while being subject to federal jurisdiction. The full name of the republic is the "United States of America". No other name appears in

12649-563: The dice and taking the chance on getting caught. He also said the FAA is often too quick to bend to pressure from airlines and pilots." Other experts have been critical of the constraints and expectations under which the FAA is expected to operate. The dual role of encouraging aerospace travel and regulating aerospace travel are contradictory. For example, to levy a heavy penalty upon an airline for violating an FAA regulation which would impact their ability to continue operating would not be considered encouraging aerospace travel. On July 22, 2008, in

12788-565: The downing of Malaysia Airlines Flight 17 , the FAA suspended flights by U.S. airlines to Ben Gurion Airport during the 2014 Israel–Gaza conflict for 24 hours. The ban was extended for a further 24 hours but was lifted about six hours later. The FAA Reauthorization Act of 2018 gives the FAA one year to establish minimum pitch, width and length for airplane seats, to ensure they are safe for passengers. The first FAA licensed orbital human space flight took place on November 15, 2020 , carried out by SpaceX on behalf of NASA. The administrator

12927-449: The end of 2013. Devices must be held or put in the seat-back pocket during the actual takeoff and landing. Mobile phones must be in airplane mode or with mobile service disabled, with no signal bars displayed, and cannot be used for voice communications due to Federal Communications Commission regulations that prohibit any airborne calls using mobile phones. From a technological standpoint, cellular service would not work in-flight because of

13066-418: The executive branch when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history. Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates

13205-496: The existing airlines, avoided gluts and shortages of passengers on certain routes, and (partly by allowing airlines to carry air mail ) secured airline service for communities that would have otherwise been served less, or not have been served at all (due to low passenger traffic or other reasons). CAB authority included: Airlines had no ability to make competitive decisions, absent CAB approval, on choice of route or fare charged on any particular route. The Act also prevented

13344-475: The first federal regulatory regime, since the 1930s, to be totally dismantled — and this happened on January 1, 1985. The remaining tasks were transferred to the Secretary of Transportation except for a few going to the U.S. Postal Service . The CAB regulated almost all air transportation in the US, but there were some exceptions. The CAB chose not to regulate airlines flying "small aircraft". This

13483-441: The first year of deregulation) there were still 11 air travel clubs operationally regulated under Part 123, though by May 1980 it had dropped to seven. The CAB divided the airlines it regulated into categories according to the roles they were meant to play. The following draws from the CAB's FY 1977 Report to Congress dated May 1978, and so reflects the state of CAB airline certification just prior to deregulation. The first split

13622-543: The founding of the Federal Communications Commission in 1934, which handles most such matters today—and introduced radio beacons as an effective aid to air navigation. The Aeronautics Branch was renamed the Bureau of Air Commerce in 1934 to reflect its enhanced status within the Department. As commercial flying increased, the Bureau encouraged a group of airlines to establish the first three centers for providing air traffic control (ATC) along

13761-538: The issuance of certificates. There are two types of DARs: manufacturing, and maintenance. Specialized Experience – Amateur-Built and Light-Sport Aircraft DARs Both Manufacturing DARs and Maintenance DARs may be authorized to perform airworthiness certification of light-sport aircraft. DAR qualification criteria and selection procedures for amateur-built and light-sport aircraft airworthiness functions are provided in Order 8100.8. A Continued Airworthiness Notification to

13900-483: The judiciary. For example, while the legislative branch ( Congress ) has the power to create law, the executive branch under the president can veto any legislation—an act which, in turn, can be overridden by Congress. The president nominates judges to the nation's highest judiciary authority, the Supreme Court (as well as to lower federal courts), but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by

14039-486: The law and creating precedent for future law and decisions. The United States Constitution does not specifically mention the power of judicial review , which is the power to declare a law unconstitutional. There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals , and below them in turn are

14178-623: The limits. For instance, in 1971, it exempted Executive Airlines and Air New England (at that time a commuter carrier) to fly propeller aircraft up to 44 seats to expand service in New England. On five occasions, the CAB certificated former air taxi/commuter airlines to fly larger aircraft. These airlines were then regulated by the CAB like any other CAB carrier: An airline that restricted flying to within one state and took other steps to minimize participation in interstate commerce could avoid CAB regulation and fly as an intrastate airline . In

14317-593: The local service carriers as flying distinctly less capacity, smaller aircraft and shorter routes than the trunks. Local service carriers were also the biggest recipients of CAB subsidies, as shown below. In 1978, the CAB paid a total of $ 66.3 million in subsidies to airlines (over $ 275 million in 2024 dollars) of which $ 58.5 million was paid to local service carriers, equivalent to over 40% of local service carrier operating profits that year. Other CAB domestic categories included intra-Alaskan , Hawaiian , helicopter , regional , air taxi , and cargo . Historically there

14456-702: The office of vice president. Article II, Section 2 of the Constitution sets forth the creation of a presidential Cabinet. The role of the Cabinet is to advise the president and carry out the programs and laws of the federal government. The Cabinet is composed of the vice president and the leaders of 15 executive departments. Those executive departments are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. Additionally, there are seven other members of

14595-493: The overall budget and submit it to the president. At the same time, a new National Transportation Safety Board took over the Civil Aeronautics Board's (CAB) role of investigating and determining the causes of transportation accidents and making recommendations to the secretary of transportation. CAB was merged into DOT with its responsibilities limited to the regulation of commercial airline routes and fares. The FAA gradually assumed additional functions. The hijacking epidemic of

14734-488: The plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in

14873-497: The power to adjourn Congress whenever the House and Senate cannot agree when to adjourn; no president has ever used this power. The president also has the constitutional power to, "on extraordinary Occasions, convene both Houses, or either of them"; this power has been used "to consider nominations, war, and emergency legislation." This Section invests the President with the discretion to convene Congress on "extraordinary occasions"; this special session power that has been used to call

15012-478: The power to re-organize or even abolish federal courts lower than the Supreme Court. The U.S. Supreme Court decides cases and controversies , which include matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional , nullifying

15151-437: The power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to impeach the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. As of 2023 , three presidents have been impeached: Andrew Johnson , Bill Clinton , and Donald Trump (twice). None of

15290-420: The powers to levy and collect taxes ; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to the Supreme Court , combat piracies and felonies , declare war , raise and support armies , provide and maintain a navy , make rules for the regulation of land and naval forces, provide for, arm and discipline

15429-502: The president and approved with the "advice and consent" of the U.S. Senate. Once confirmed, these "Cabinet secretaries" serve at the pleasure of the president. In addition to the executive departments, a number of staff organizations are grouped into the Executive Office of the President (EOP), which was created in 1939 by President Franklin D. Roosevelt. The EOP is overseen by the White House Chief of Staff. The EOP includes

15568-485: The president and confirmed by the United States Senate. The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains

15707-474: The president has major agenda-setting powers to influence lawmaking and policymaking, and typically has a major role as the leader of their political party . The president and vice president are normally elected as running mates by the Electoral College ; each state has a number of electoral votes equal to the size of its Congressional delegation ( i.e. , its number of Representatives in

15846-525: The president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a pocket veto ). A presidential veto may be overridden by a two-thirds vote in both houses of Congress; this occurs relatively infrequently. The president may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for " treason , bribery , or other high crimes and misdemeanors ". The president may not dissolve Congress , but has

15985-586: The promotion of aviation safety. The FAA Safety Team, or FAASTeam, works with Volunteers at several levels and promotes safety education and outreach nationwide. On March 18, 2008, the FAA ordered its inspectors to reconfirm that airlines are complying with federal rules after revelations that Southwest Airlines flew dozens of aircraft without certain mandatory inspections. The FAA exercises surprise Red Team drills on national airports annually. On October 31, 2013, after outcry from media outlets, including heavy criticism from Nick Bilton of The New York Times ,

16124-408: The rapid speed of the airborne aircraft: mobile phones cannot switch fast enough between cellular towers at an aircraft's high speed. However, the ban is due to potential radio interference with aircraft avionics. If an air carrier provides Wi-Fi service during flight, passengers may use it. Short-range Bluetooth accessories, like wireless keyboards , can also be used. In July 2014, in the wake of

16263-457: The regulations were completely revamped, with most commercial operations moved to Part 121. Such operators were then known as Part 121 commercial operators or simply just commercial operators . A prominent example of such a carrier was Zantop International Airlines (ZIA), which started in 1972 as a Part 121 commercial operator, uncertificated by the CAB. The CAB regularly enforced its powers against uncertificated carriers engaged in activities

16402-515: The same committee sent before a meeting to discuss air traffic control privatization noted a 35-year legacy of failed air traffic control modernization management, including NextGen. The letter said the FAA initially described NextGen as fundamentally transforming how air traffic would be managed. In 2015, however, the National Research Council noted that NextGen, as currently executed, was not broadly transformational and that it

16541-421: The same kind of proceedings as huge airlines like United and American. 1975 certification proceedings for Munz Northern were memorialized in 32 pages of CAB reports, encompassing the deliberations of the (usually five but in this case four) member CAB board itself, plus the earlier deliberations of an administrative law judge in front of whom six people appeared, representing Munz and two other interested parties. At

16680-454: The same way as the president or other officials of the federal government. U.S. judges are appointed by the president, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any present Article III judge. However, Congress is able to set a lower salary for all future judges who take office after such a pay reduction is passed by Congress. Civil Aeronautics Board The authority of

16819-642: The scheduled carriers. Scheduled carriers were split between domestic and international. Two carriers were exclusively international: Air Micronesia (a subsidiary of Continental Airlines ) and cargo carrier Seaboard . One carrier was almost exclusively international: Pan Am and, until deregulation, was not permitted to sell tickets for transport within the continental US. While it could fly aircraft from, say, New York to Los Angeles, it could not sell tickets between New York and Los Angeles despite having significant international operations in both cities. All other international carriers were also domestic carriers. There

16958-594: The sovereign powers of the federal government." The Constitution grants the president the "Power to grant Reprieves and Pardons for Offences against the United States , except in Cases of Impeachment"; this clemency power includes the power to issue absolute or conditional pardons, and to issue commute sentences , to remit fines, and to issue general amnesties . The presidential clemency power extends only to federal crimes, and not to state crimes. The president has informal powers beyond their formal powers. For example,

17097-597: The standard texts and previously been chairman of the New York Public Service Commission , the body regulating utilities in New York State , and was appointed CAB Chairman), the CAB continued to be the focus of the early deregulation movement, and its dissolution was one of the most conspicuous pioneering events of the movement. The Airline Deregulation Act of 1978 specified that the CAB would eventually be disestablished —

17236-467: The term "U.S. Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government; for instance, the Federal Bureau of Investigation , National Oceanic and Atmospheric Administration , and National Park Service . Because the seat of government is in Washington, D.C. , "Washington" is sometimes used as

17375-434: The three were removed from office following trial in the Senate. Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine the rules of its proceedings". From this provision were created congressional committees , which do the work of drafting legislation and conducting congressional investigations into national matters. The 118th Congress (2023–2025) has 20 standing committees in

17514-562: The time, Munz had six aircraft, each carrying 10 people or fewer. Further, Munz then had the same reporting requirement as carriers like United, all the usual reams of data that had to be sent to the CAB, for a carrier a tiny fraction of the size. The agency had its headquarters in the Universal Building in Dupont Circle , Washington, D.C. The agency had moved there by May 1959. Previously it had been headquartered in

17653-529: The trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of federal question jurisdiction , diversity jurisdiction, and pendent jurisdiction can be filed and decided. The district courts can also hear cases under removal jurisdiction , wherein a case brought in a state court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove"

17792-518: The vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president pursuant to the Twenty-fifth Amendment . Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to

17931-522: The vice president has the authority ( ex officio , for they are not an elected member of the Senate) to cast a tie-breaking vote . Pursuant to the Twelfth Amendment , the vice president presides over the joint session of Congress when it convenes to count the vote of the Electoral College . As first in the U.S. presidential line of succession , the vice president's duties and powers move to

18070-409: The war. The application of radar to ATC helped controllers in their drive to keep abreast of the postwar boom in commercial air transportation. In 1946, meanwhile, Congress gave CAA the added task of administering the federal-aid airport program, the first peacetime program of financial assistance aimed exclusively at development of the nation's civil airports. The approaching era of jet travel (and

18209-476: The word "customer" properly applies to the flying public, not those entities regulated by the FAA. The bill died in a Senate committee that year. In September 2009, the FAA administrator issued a directive mandating that the agency use the term "customers" to refer to only the flying public. In 2007, two FAA whistleblowers , inspectors Charalambe "Bobby" Boutris and Douglas E. Peters, alleged that Boutris said he attempted to ground Southwest after finding cracks in

18348-522: Was a territorial category, superseded by Hawaiian and Intra-Alaskan after Hawaii and Alaska became states. Some carriers had more than one domestic status. For instance, Alaska Airlines was listed as both an Alaska carrier and a trunk, however, for the purposes of 1978 CAB statistics it was counted as an Alaska carrier. The wide variety of carriers in the table below hints at problems with just one facet of CAB regulation. Tiny Alaskan back-country carriers like Munz Northern and Kodiak-Western were subject to

18487-624: Was a former Air Force general and adviser to President Eisenhower . The same year witnessed the birth of the National Aeronautics and Space Administration (NASA), which was created in response to the Soviet Union (USSR) launch of the first manmade satellite. NASA assumed NACA's aeronautical research role. In 1967, a new U.S. Department of Transportation (DOT) combined major federal responsibilities for air and surface transport. The Federal Aviation Agency's name changed to

18626-410: Was a split within international between passenger airlines (which were always free to carry cargo and sometimes flew pure cargo aircraft) and cargo airlines. Domestic had many subcategories. The original CAB scheduled carriers were known as trunkline carriers , trunklines , trunk airlines or simply just trunks, with most (but not all) such carriers having certificates dating back to 1938, the date of

18765-475: Was between scheduled and non-scheduled (charter carriers). The CAB referred to non-scheduled carriers, in 1978, as supplemental air carriers . Prior to 1955, the CAB called them irregular air carriers . Scheduled carriers were also free to offer charters. Throughout the history of the CAB, the supplementals constantly attempted to become scheduled carriers and the CAB constantly rejected them. There were also tight restrictions on supplementals, designed to protect

18904-570: Was formalized in Part 298 of the Board's economic regulations, which in 1952 gave a blanket authorization for any airline operating an aircraft with a maximum gross takeoff weight of 12,500 lbs or less. Such airlines were originally known as "air taxis", later as commuter airlines or Part 298 carriers . Confusingly, "air taxi" was also the term by which the CAB referred to Aspen Airways and Wright Air Lines (after they became certificated carriers) within

19043-436: Was never any guarantee of a job in the CTI program. In August 2023 The New York Times published an investigative report that showed overworked air traffic controllers at understaffed facilities making errors that resulted in 46 near collisions in the air and on the ground in the month of July alone. A May 2017 letter from staff of the U.S. House of Representatives Committee on Transportation and Infrastructure to members of

19182-482: Was passed at the urging of the aviation industry, whose leaders believed the airplane could not reach its full commercial potential without federal action to improve and maintain safety standards. The Act charged the Secretary of Commerce with fostering air commerce, issuing and enforcing air traffic rules, licensing pilots , certifying aircraft, establishing airways, and operating and maintaining aids to air navigation. The newly created Aeronautics Branch, operating under

19321-499: Was responsible for ATC, airman and aircraft certification, safety enforcement, and airway development. CAB was entrusted with safety regulation, accident investigation, and economic regulation of the airlines. The CAA was part of the Department of Commerce. The CAB was an independent federal agency. On the eve of America's entry into World War II , CAA began to extend its ATC responsibilities to takeoff and landing operations at airports. This expanded role eventually became permanent after

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