United States government role in civil aviation

The Air Commerce Act of 1926 created an Aeronautic Branch of the United States Department of Commerce. Its functions included testing and licensing of pilots, certification of aircraft and investigation of accidents.

In 1934, the Aeronautics Branch was renamed the Bureau of Air Commerce, to reflect the growing importance of commercial flying. It was subsequently divided into two authorities: the Civil Aeronautics Administration (CAA), concerned with air traffic control, and the Civil Aeronautics Board (CAB), concerned with safety regulations and accident investigation. Under the Federal Aviation Act of 1958, the CAA's powers were transferred to a new independent body, the Federal Aviation Administration (FAA). In the same year, the National Aeronautics and Space Administration (NASA) was created after the Soviet Union’s launch of the first artificial satellite. The accident investigation powers of the CAB were transferred to the new National Transportation Safety Board in 1967, at the same time that the United States Department of Transportation was created.

In response to the September 11 attacks, the federal government launched the Transportation Security Administration with broad powers to protect air travel and other transportation modes against criminal activity.

National Advisory Committee for Aeronautics and airmail

European enthusiasm for air power was sparked by an arms race and then by the outbreak of World War I in 1914. During the following year, the United States Congress took a step toward revitalizing American aviation by establishing the National Advisory Committee for Aeronautics (NACA), an organization dedicated to the science of flight.

Upon entering World War I in 1917, the United States government mobilized the nation's economy, with results that included an expansion of the small aviation manufacturing industry. Before the end of the conflict, Congress voted funds for an innovative postal program that would serve as a model for commercial air operations. ^[1] With initial help from the U.S. Army, the Post Office in 1918 initiated an intercity airmail route. ^[2] The subsequent achievements of the Air Mail Service included the establishment of a transcontinental route and the development of airway lighting. ^{[3] [4]}

In 1925, the Airmail Act of 1925 authorized the Post Office to contract with private airlines to transport mail. The Airmail Act created American commercial aviation and several of today's airlines were formed to carry airmail in the late 1920s (including Trans World Airlines, Northwest Airlines, and United Airlines). ^{[5] [6]}

Air Commerce Act

"Watres Act" redirects here. For the McNary-Watres Act, see Air Mail Act of 1930.

Aviation in the United States was not regulated during the early 20th century. A succession of accidents during the pre-war exhibition era (1910–16) and barnstorming decade of the 1920s gave way to early forms of federal regulation intended to instill public confidence in the safety of air transportation. ^[7] As claimed by the Aircraft Year Book, barnstormers caused 66% of fatal accidents during 1924. ^[8] Opponents of this view included those who distrusted government interference or wished to leave any such regulation to state authorities. ^[9] Barnstorming accidents that led to such regulations during this period are accurately depicted in the 1975 film The Great Waldo Pepper .

At the urging of the aviation industry, that believed the airplane could not reach its full commercial potential without federal action to improve and maintain safety standards,^{[ citation needed ]} President Calvin Coolidge appointed a board to investigate the issue. The board's report favored federal safety regulation. ^[10] To that end, the Air Commerce Act became law on May 20, 1926. ^[11] The act was sponsored by Rep. Laurence H. Watres, and subsequently referred to as the Watres Act. ^[12]

The Act created an Aeronautic Branch assigned to the United States Department of Commerce, and vested that entity with regulatory powers to ensure a degree of civil air safety. Among these powers were: testing and licensing pilots, issuing certificates to guarantee the airworthiness of aircraft, making and enforcing safety rules, certificating aircraft, establishing airways, operating and maintaining aids to air navigation, and investigating accidents and incidents in aviation. ^[13] The first head of the Branch was William P. MacCracken, Jr. ^{[14] [15]} High visibility accidents such as the 1931 Transcontinental & Western Air Fokker F-10 crash and the 1935 crash of TWA Flight 6 continued to make headlines.

In fulfilling its civil aviation responsibilities, the Department of Commerce initially concentrated on functions such as safety rulemaking and the certification of pilots and aircraft. It took over the building and operation of the nation's system of lighted airways, a task begun by the Post Office Department. The Department of Commerce improved aeronautical radio communications, and introduced radio beacons as an effective aid to air navigation. ^[4]

In 1934, the Aeronautics Branch was renamed the Bureau of Air Commerce. ^[4] As commercial aviation grew, the Bureau encouraged airlines to establish three centers (Newark, New Jersey; Cleveland, Ohio; and Chicago, Illinois) ^[16] to provide air traffic control in airways. ^[17] In 1936, the Bureau itself took over the centers and began to expand the ATC system. ^[4] Pioneer air traffic controllers resorted to using maps, blackboards, and calculations to perform their new roles, making sure aircraft traveling along designated routes did not collide. ^[17]

Bureau of Air Commerce

The Department of Commerce created an Aeronautics Branch in 1926. ^[18] The first head of this organization was William P. MacCracken, Jr. (first recipient of its pilot certification license), ^[4] whose approach to regulation included consultation and cooperation with industry. A major challenge facing MacCracken was to enlarge and improve the nation's air navigation system. The Aeronautics Branch took over the Post Office's task of building airway light beacons, and in 1928 introduced a new navigation beacon system known as the low frequency radio range, or the "Four Course Radio Range". ^[19] The branch also built additional airway communications stations to encourage broader use of aeronautical radio and combat adverse weather. ^{[20] [21]}

NACA began its own aeronautics research undertaking in 1920. ^[22] In 1928, having created one of the first wind tunnels years earlier, the organization's work with the latter produced a new type of engine cowling with much less drag than former designs. ^[23]

Under President Franklin D. Roosevelt, the Aeronautics Branch cooperated with public works agencies on projects that represented an early form of federal aid to airports. ^[24] The Branch was restructured and in 1934 received a new name, the Bureau of Air Commerce. ^[4] Eugene Vidal, nephew of Senator Thomas Gore became its first director. ^[25] Vidal resigned on February 28, 1937, and was replaced by Fred D. Fagg, Jr. ^[26] Fagg reorganized the bureau, ^[27] but retired in April 1938, being replaced by Hindenburg crash investigator Denis Mulligan. ^[28]

The year 1934 also saw a crisis over airmail contracts that former Postmaster General W.F. Brown had used to strengthen the airline route structure. In the Air Mail scandal, Senate investigators charged that Brown's methods had been illegal, and President Roosevelt canceled the contracts. ^[29] In 1935 the BAC encouraged a group of airlines to establish the first three centers (Newark, New Jersey; Cleveland, Ohio; and Chicago, Illinois) for providing air traffic control along the airways, the following year taking over the centers itself and expanding the traffic control system. ^[4]

Civil Aeronautics Authority

Logo on side of a test aircraft

Seal and flag of the defunct Civil Aeronautics Board on display in the National Air and Space Museum

In 1938, the Civil Aeronautics Act transferred federal responsibilities for non-military aviation from the Bureau of Air Commerce to a new, independent agency, the Civil Aeronautics Authority. ^[30] The legislation also gave the authority the power to regulate airline fares and to determine the routes that air carriers would serve. ^[31]

Civil Aeronautics Administration and Civil Aeronautics Board

Main article: Civil Aeronautics Board

In 1940, President Franklin D. Roosevelt split the Civil Aeronautics Authority into two agencies, the Civil Aeronautics Administration and a five-member Civil Aeronautics Board. ^[32] The CAA was responsible for air traffic control, safety programs, and airway development. The CAB was entrusted with safety rulemaking, accident investigation, and economic regulation of the airlines. ^[33] Although both organizations were housed in the Department of Commerce, the CAB functioned independently. ^[34] When a Douglas DC-3A crashed shortly after departing Washington, DC, on August 31, 1940, the CAB had their first major investigation, that of the Lovettsville air disaster, setting the pattern for subsequent accident investigations. ^[35]

In 1942, President Roosevelt appointed L. Welch Pogue as Chairman of the Civil Aeronautics Board. Pogue served as Chairman until 1946. ^[36] During his tenure he helped strike down a plan for a single world airline. ^[37]

After World War II began in Europe, the CAA launched the Civilian Pilot Training Program to provide new pilots. ^[38] On the eve of America's entry into the conflict, the agency began to take over operation of airport control towers, ^[39] a role that eventually became permanent. ^[40] During the war, the CAA also greatly enlarged its en route air traffic control system. ^[41] In 1944, the United States hosted a conference in Chicago that led to the establishment of the International Civil Aviation Organization and set the framework for future aviation diplomacy. ^[42] In 1946, Congress gave the CAA the task of administering a federal-aid airport program aimed exclusively at promoting development of the United States' civil airports. ^[43]

This included the establishment of semi-permanent colonies in remote, U.S.-owned territories, such as the Palmyra Atoll, where beginning in 1948, nearly 100 men, women, and children were sent to live and work. They occupied the facilities of what had been a Navy refueling base during World War II, manning its radio station and maintaining the 6,000-foot runway. Strangely, this community was dispersed in 1949, and while the exact reasons why are unclear, it was likely because the benefits of operating the facilities did not outweigh the cost of providing for the colony members. ^[44]

The FAA provides air traffic control services over US territory as well as over international waters where it has been delegated such authority by the ICAO. This map depicts overflight fee regions. Yellow (enroute) covers land territory, excluding Hawaii and some island territories but including most of the Bering Sea as well as Bermuda and the Bahamas (the former a British overseas territory and the latter a sovereign country, both where the FAA provides high-altitude ATC service). The blue regions are where the US provides oceanic ATC services over international waters (Hawaii, some US island territories, & some small, foreign island nations/territories where the US provides high-altitude ATC service are included in this region).

Federal Aviation Administration and NASA

Several mid-air collisions occurred during the latter half of the 20th century, such as the 1956 Grand Canyon mid-air collision, the first time more than 100 people were killed. Jet travel was nascent at this time, prompting the passage of the Federal Aviation Act of 1958. The legislation gave the CAA's functions to a new independent body, the Federal Aviation Agency. The act transferred safety rulemaking from CAB to the new FAA (the CAB continued), and also made the FAA responsible for a common civil-military system of air navigation and air traffic control. ^{[45] [46] [47]} The FAA's first administrator, Elwood R. Quesada, was a former U.S. Air Force Lt. General who commanded the early tactical air forces of the Ninth Air Force in Europe in World War II, and served as an advisor to President Dwight D. Eisenhower.

The same year witnessed the transformation of NACA into the National Aeronautics and Space Administration (NASA) in the wake of the Soviet Union's launch of the first artificial satellite, Sputnik. NASA assumed NACA's role of aeronautical research. ^[48]

Department of Transportation, NTSB and TSA

The accident investigation powers of the Civil Aeronautics Board were transferred to the new National Transportation Safety Board in 1967, at the same time that the United States Department of Transportation was created. ^[47] The CAB's remaining authority was economic regulation of commercial air transportation. ^{[49] [31]} The Airline Deregulation Act of 1978 phased out these controls, resulting in the elimination of the CAB at the end of 1984, with most residual powers transferred to the DOT. ^[50]

The September 11, 2001 attacks challenged the air transportation system by presenting a new type of terrorist attack: hijacked airliners used for terrorist attacks. ^[51] The government's response included the Aviation and Transportation Security Act, enacted that November, that established a new DOT organization: the Transportation Security Administration. It received broad powers to protect air travel and other transportation modes against criminal activity. ^[52]

References

1. United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on International Security, Proliferation, and Federal Services (2001). E-commerce activities of the US Postal Service. U.S. G.P.O.
2. Reinhard, Stephen (2010-02-16). "First flight cover". Pioneer Period (1783–1918). National Postal Museum . Retrieved 2015-11-15.
3. Dale Nielson (1962). Saga of U.S. Air Mail Service, 1918–1927. Air Mail Pioneers.^{[ ISBN missing ][ page needed ]}
4. Federal Aviation Administration (2009). Pilot's Handbook of Aeronautical Knowledge. Skyhorse Publishing Inc. pp. 1–. ISBN   978-1-60239-780-4.
5. The Oxford Companion to United States History. pp. 22–. ISBN   978-0-19-508209-8.
6. Eric R. Sterner; Scott Pace; William Adkins (2013). America’s Space Futures: Defining Goals for Space Exploration. BookBaby. pp. 59–. ISBN   978-1-61927-685-7.
7. Tracy Irons-Georges (2002). Encyclopedia of Flight: Accident investigation – Guernica, Spain, bombing. Salem Press. ISBN   978-1-58765-047-5.
8. Dominick Pisano (2003). The Airplane in American Culture. University of Michigan Press. pp. 57–. ISBN   0-472-06833-4.
9. Jeremy Plant (2007). Handbook of Transportation Policy and Administration. CRC Press. pp. 333–. ISBN   978-1-4200-1702-1.
10. The Alternative: An American Spectator. Saturday Evening Club. 1977.
11. "Air Commerce Act of 1926 ~ P.L. 69-254" (PDF). 44 Stat. 568 ~ Senate Bill 41. Legis★Works. May 20, 1926. Archived from the original (PDF) on October 18, 2015. Retrieved April 5, 2017.
12. "Col. L. H. Watres, 82, World War Hero, Dies". Scranton Tribune . Scranton, PA. February 7, 1964. pp. 3, 15 – via Newspapers.com.
13. United States. Dept. of Commerce (1932). The United States Department of Commerce: a brief description of the activities of the several bureaus of the Department. G.P.O.
14. International Committee on Radio. American Section; New York University. School of Law; American Academy of Air Law (1938). Air law review. Board of New York University Air Law Review.
15. Byron L. Cherry (2006). Are We Safer Now?: Airline Security in a Post-9/11 Society. iUniverse. pp. 14–. ISBN   978-0-595-36398-8.
16. "Federal Aviation Administration - History". Archived from the original on 2005-03-18.
17. Senguttuvan (2006). Fundamentals of Air Transport Management. Excel Books India. pp. 192–. ISBN   978-81-7446-459-0.
18. Scott A. Thompson (1990). Flight Check!: The Story of FAA Flight Inspection. Diane Publishing. pp. 12–. ISBN   978-0-7881-4728-9.
19. Flint Whitlock; Terry L. Barnhart (2007). Capt. Jepp and the Little Black Book: How Barnstormer and Aviation Pioneer Elrey B. Jeppesen Made The Skies Safer for Everyone. Savage Press. pp. 66–. ISBN   978-1-886028-83-8.
20. Air Commerce Bulletin. U.S. Government Printing Office. 1930. pp. 137–.
21. United States. Dept. of Commerce. Aeronautics Branch; United States. Bureau of Air Commerce; United States. Civil Aeronautics Authority (1933).
22. Peter O. K. Krehl (2008). History of Shock Waves, Explosions and Impact: A Chronological and Biographical Reference. Springer Science & Business Media. pp. 456–. ISBN   978-3-540-30421-0.
23. Frank Hitchens (2015). The Encyclopedia of Aerodynamics. Andrews UK Ltd. pp. 384–. ISBN   978-1-78538-324-3.
24. Janet Rose Daly Bednarek (2001). America's Airports: Airfield Development, 1918–1947. Texas A&M University Press. pp. 10–. ISBN   978-1-58544-130-3.
25. Marie K. Long; Elgen M. Long (2000). Amelia Earhart: The Mystery Solved. Simon and Schuster. pp. 48–. ISBN   978-0-7432-0217-6.
26. Aviation Week and Space Technology. McGraw-Hill. 1937.
27. Philip K. Lawrence; David W. Thornton (2017). Deep Stall: The Turbulent Story of Boeing Commercial Airplanes. Taylor & Francis. pp. 36–. ISBN   978-1-351-94585-1.
28. Report – National Advisory Committee for Aeronautics. U.S. Government Printing Office. 1938.
29. The Journal of Air Law and Commerce. Southern Methodist University School of Law. 1975.
30. "Civil Aeronautics Act of 1938 ~ P.L. 75-706" (PDF). 52 Stat. 973 ~ Senate Bill 3845. Legis★Works. June 23, 1938. Archived from the original (PDF) on November 20, 2015. Retrieved July 22, 2017.
31. Gerald N. Cook; Bruce Billig (2017). Airline Operations and Management: A Management Textbook. Taylor & Francis. pp. 251–. ISBN   978-1-315-29957-0.
32. The United States Government Manual 2009–2010. Government Printing Office. 30 October 2009. pp. 581–. ISBN   978-0-16-083949-8.
33. James S. Olson; Abraham O. Mendoza (2015). American Economic History: A Dictionary and Chronology: A Dictionary and Chronology. ABC-CLIO. pp. 112–. ISBN   978-1-61069-698-2.
34. Alan J. Stolzer; John J. Goglia (2016). Safety Management Systems in Aviation. Routledge. pp. 50–. ISBN   978-1-317-05983-7.
35. William F. Trimble (1982). High Frontier: A History of Aeronautics in Pennsylvania. University of Pittsburgh Press. pp. 201–. ISBN   978-0-8229-7426-0.
36. Walter David Lewis (2000). Airline Executives and Federal Regulation: Case Studies in American Enterprise from the Airmail Era to the Dawn of the Jet Age. Ohio State University Press. pp. 18–. ISBN   978-0-8142-0833-5.
37. Bernstein, Adam. "L. Welch Pogue Dies". The Washington Post. Retrieved 5 July 2018.
38. Annual Report of the Civil Aeronautics Board. U.S. Government Printing Office. 1941.
39. Flying Magazine. February 1942. pp. 66–. ISSN   0015-4806
40. United States. Congress. House. Committee on Interstate and Foreign Commerce; United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Aviation (1952). Aviation Safety. US Government Printing Office. pp. 185–.
41. Jock Lul Pan Chuol (2010). The United States Outer Executive Departments and Independent Establishments & Government Corporations. Xlibris Corporation. pp. 366–. ISBN   978-1-4500-8675-2.
42. Brian F. Havel (2009). Beyond Open Skies: A New Regime for International Aviation. Kluwer Law International. pp. 100–. ISBN   978-90-411-2389-3.
43. Study of operation of Civil Aeronautics Administration: Hearings before a subcommittee of the Committee on Interstate and Foreign Commerce, United States Senate, Eighty-fourth Congress, second session on s. 2818, a bill to amend airport act, as amended, and for other purposes; and the resignation of Frederick B. Lee, formerly the Administrator of Civil Aeronautics. U.S. Government Printing Office. 1956.
44. "CAA Colony on Palmyra Exhibit". Palmyra Atoll Digital Archive.
45. The Navigator. Department of the Air Force, Air Training Command. 1959. p. 43.
46. Committee on Fire and Smoke Resistant Materials for Commercial Aircraft Interiors; Commission on Engineering and Technical Systems; National Materials Advisory Board (1996). Fire- and Smoke-Resistant Interior Materials for Commercial Transport Aircraft. National Academies Press. pp. 65–. ISBN   978-0-309-57834-9.
47. Michael W. Pearson; Daniel S. Riley (2016). Foundations of Aviation Law. Routledge. pp. 81–. ISBN   978-1-317-13372-8.
48. A. Roland; Nasa Technical Reports Server (NTRS) (July 2013). Model Research: The National Advisory Committee for Aeronautics, 1915–1958. BiblioLife. ISBN   978-1-289-15820-0.
49. Stephen Ison (2017). Low Cost Carriers: Emergence, Expansion and Evolution. Taylor & Francis. pp. 253–. ISBN   978-1-351-55962-1.
50. "The Federal Aviation Administration and Its Predecessor Agencies".
51. National Commission on Terrorist Attacks (2011). The 9/11 Commission Report: The Attack from Planning to Aftermath (Authorized Text, Shorter Edition). W.W. Norton. pp. 62–. ISBN   978-0-393-34108-9.
52. Jennifer Zellan (2003). Aviation Security: Current Issues and Developments. Nova Publishers. pp. 1–. ISBN   978-1-59033-870-4.

External links

• Department of Transportation Online Digital Special Collections Library - air investigation reports and various other circulars and orders dating from before the formation of the NTSB in 1967
• Federal Aviation Administration
• Department of Transportation
• Department of Commerce

 This article incorporates public domain material from websites or documents of the Federal Aviation Administration .