This Day in FAA History: December 13th

Full FAA Chronology at this link.
19411213: The President directed the Secretary of Commerce “to exercise his control and jurisdiction over civil aviation in accordance with requirements for the successful prosecution of the war, as may be requested by the Secretary of War.” The Executive order also authorized the latter “to take possession and assume control of any civil aviation system, or systems, or any part thereof, to the extent necessary for the successful prosecution of the war.”
19561213: In Allegheny Airlines, Inc., v. Village of Cedarhurst, the U.S. Court of Appeals for the Second Circuit upheld a lower court judgment that permanently voided a Cedarhurst ordinance prohibiting flights over the village at an altitude under 1,000 feet. Cedarhurst, situated near New York International Airport (Idlewild), argued that the flights over the village constituted a “taking,” as set forth by the Supreme Court in the Causby case (see May 27, 1946). In declaring the ordinance invalid, the Appeals Court said that airplanes using Idlewild did not impact on Cedarhurst to such a degree as to constitute a “‘taking” within the doctrine of the Causby case.” The court further held that Congress had preempted the regulation of air traffic and that any local regulations contrary to Federal rules were precluded. As a consequence of the Federal government’s intervention in the case — along with 10 airlines, the Port of New York authority, and other groups — the Chairman of CAB with the concurrence of the CAA Administrator took action to repudiate a previous recognition of State authority to adopt and enforce their own safety regulations. (See March 1946.)
On March 10, 1964, with the Federal courts having consistently struck down locally imposed altitude restrictions, the Town of Hempstead, N.Y.– a community near the same airport, now named John F. Kennedy International — tried a new tack: it enacted a noise ordinance that prohibited the operation of any mechanism (including aircraft) that created noise in excess of a specified level of perceived noise decibels. Though the ordinance prescribed no flight patterns, on July 17, 1968, the U.S. Court of Appeals for the Second Circuit found in American Airlines v. Hempstead that adhering to the ordinance would have forced aircraft to deviate from existing traffic patterns and FAA procedures. The court concluded, therefore, that the Hempstead ordinance was invalid because it (l) operated in an area preempted by Federal legislation and regulation, (2) posed an unconstitutional burden on interstate commerce, and (3) was in direct conflict with valid Federal regulations. (See May 14, 1973.)
19591213: Effective this date, FAA realigned responsibilities for its materiel functions, management of FAA aircraft, and activities at the Aeronautical Center, Oklahoma City, Okla. The Bureau of Facilities–with “Materiel” added to its designation–was assigned expanded responsibility for procurement of materiel for the establishment, maintenance, and repair of air navigation and air traffic control equipment. The task of monitoring agencywide the application of materiel practices and policies was given to the Office of Management Services.
Reporting directly to the Bureau of Facilities and Materiel, a Facilities and Materiel Depot was established at the Aeronautical Center to perform overhaul and heavy maintenance on all FAA aircraft, centrally warehouse and distribute materiel, and operate shops for repair and fabrication of airways equipment. Responsibility for the management and light maintenance of all FAA aircraft was assigned to the Bureau of Flight Standards. The Bureau of Personnel and Training controlled the extensive training programs at the Aeronautical Center, which were grouped together as the FAA School (later known briefly as the Training Center before being renamed the FAA Academy in early 1962).
19591213: Under the new concept of organization, the Director of the Aeronautical Center was responsible for providing the physical plant and administrative and supporting services for the various agency bureaus and offices conducting programs at the Center. The operating bureaus and offices, however, exercised line authority over the programs.
19841213: Richard H. Jones became Deputy Administrator of FAA, succeeding Michael J. Fenello (see August 1, 1981). A native of Portsmouth, Va., Jones served as a Marine Corps pilot during 1953-57, received his B.S. from Virginia Polytechnic Institute in 1958, and began flying for Eastern Air Lines in 1959. He served a second tour with the Marines, 1960-1966, leaving active duty as a reserve Lieutenant Colonel. Jones then returned to Eastern, becoming a captain in 1967 and continuing in this capacity until joining FAA. He also practiced law with the firm of Lewis, Wilson, Lewis & Jones, having received an L.L.B. from American University in 1964. Jones was Secretary and Treasurer of the Airline Pilots Association, International, 1969-70, and ran unsuccessfully for president of the union in 1970. He was Chairman of the Washington-based Eastern Air Lines Pilots Association, 1970-72, and served on numerous other groups and committees devoted to legal and aviation issues.
On June 4, 1986, Jones announced his resignation from FAA, effective July 15, 1986, to return to the private sector. (See April 1, 1988.)
19931213: FAA Administrator David Hinson ordered an extensive review of the Advanced Automation System (AAS), a multi-billion dollar program designed to help modernize the nation’s air traffic control system. The contractor, IBM, was far behind schedule and had major cost overruns (see November 30, 1992). Hinson’s recommended review included conferring with IBM to determine the impact the company’s plan to sell its unit in charge of the AAS contract to Loral Corp., a sale subsequently concluded. On March 3, 1994, FAA announced initial actions as a result of the review that included a new AAS management team and suspension of the portion of the program designated the Area Control Computer Complex (ACCC). Subsequently, on June 3, 1994, FAA announced a major overhaul of the AAS program. The agency terminated ACCC. FAA also cancelled another AAS element, the Terminal Advanced Automation System (TAAS), stating that it would substitute a new procurement for modernization of terminal radar approach control facilities (see September 16, 1996). The agency reduced the number of towers planned to receive the Tower Control Computer Complex (TCCC). In addition, the agency planned to review the software for the Initial Sector Suite System (ISSS), a program to provide new workstations for en route controllers. On September 30, 1994, FAA announced that it would seek a proposal from Loral that would permit the company to move forward with this work under a new program, the Display System Replacement (DSR), which would replace ISSS. (See April 27, 1995.)
19941213: An American Eagle commuter flight crashed on approach to Raleigh-Durham, N.C., killing 15 of the 20 persons aboard the BAe Jetstream 3201 aircraft. Capping a series of fatal airline accidents during 1994, the tragedy heighted public concern about the safety of both commuter and major air carriers. The next day, DOT Secretary Peña announced a three-point safety initiative, including: acceleration of FAA efforts to increase commuter safety standards to the level for large airlines (see December 14, 1995); a government/industry meeting on airline safety (see January 9, 1995); and a national airline safety audit, subsequently completed in December 1995.
In October 1995, the National Transportation Safety Board cited the probable cause of the accident as errors by the captain, who had resigned from another airline following adverse performance evaluation. The Board’s recommendations stemming from the crash included establishment of a system for airlines to share information on pilot qualifications.
20071213: President Bush signed into law the Fair Treatment for Experienced Pilots Act (Public Law 110-135). The law amended federal transportation law to allow a pilot who has attained 60 years of age to serve as a passenger airline pilot until the age of 65, provided that a pilot who has attained age 60 may serve as pilot-in-command on international flights only if there is another pilot in the flight crew who has not yet attained 60 years of age. It also prohibited subjecting pilots to different medical examinations and standards on account of age unless to ensure an adequate level of safety in flight, except that no person who has attained 60 years of age may serve as a pilot unless such person has a first-class medical certificate. In addition, the act required air carriers to: (1) continue to provide FAA-approved training to pilots, with specific emphasis on initial and recurring training and qualification of pilots who have attained 60 years of age; and (2) evaluate, every six months, the performance of pilots who have attained 60 years of age through a line check of such pilot. (See January 30, 2007.)
20091213: An American Airlines Boeing 737’s wingtips touched the ground during landing at Charlotte, NC, when the part of the plane’s landing gear veered off the runway while touching down in low visibility. On December 22, an American Airlines flight overshot the runway during heavy rain in Jamaica. The Boeing 737 broke into three sections; all passengers survived. On December 24 an American Airlines McDonnell Doulas MD-80’s wingtip touched the ground while landing at Austin, Texas. On January 1, 2009, FAA issued a statement saying the Agency would conduct a review of the mishaps to determine if there was a larger issue with the airline.
20111213: Republic Airways Holdings announced plans to sell Frontier Airlines.
20111213: The United States and St. Christopher and Nevis signed an Open-Skies aviation agreement to liberalize air services for the carriers of both countries. Previously, aviation relations between the two countries were governed by Bermuda II, the former aviation agreement between the United States and United Kingdom which restricted route rights and pricing. Under the Open-Skies agreement, the airlines of both countries could fly to, from and beyond the other’s territory, without restriction on how often carriers flew, the kind of aircraft they used, and the prices they charged. The agreement made St. Christopher and Nevis the 104th U.S. Open-Skies partner. (See December 5, 2011; March 25, 2013.)
20131213: FAA awarded airworthiness certification to the HondaJet HF 120 engine built by GE Honda Aero Engines.
20161213: FAA issued a cease and desist order to the City of Santa Monica to preserve the status quo while it completed its investigation of the issues in the earlier notice of investigation and the complaints filed by American Flyers and Atlantic Aviation over their letters of eviction from the Santa Monica airport. The City had 30 days to file a response. (See September 15, 2016; January 28, 2016.)
20171213: FAA announced the United States and European Union (EU) signed amendments to two US-EU agreements that would expand areas for joint efforts on aviation safety and air traffic management harmonization. An amendment to the U.S-EU aviation safety agreement enabled FAA and the EU to finalize arrangements for reciprocal acceptance of approvals associated with flight simulator training devices and pilot licensing. It also allowed for future collaboration in aircraft operations and air traffic safety oversight. A second amendment expanded collaboration in the area of air traffic management modernization.
20181213: Virgin Galactic launched a spacecraft more than 50 miles high, reaching FAA’s definition of space. The spacecraft reached a height of 51.4 miles, hitting a top speed of Mach 2.9, before descending and returning the company’s space port in Mojave, CA. Although it did not reach orbit, the flight became the first launch of a spacecraft from U.S. soil with humans on board to reach the edge of space since the Space Shuttle was retired in 2011. (See January 10, 2014.)
20191213: FAA announced the Venezuelan regime did not comply with ICAO safety standards under the IASA program and had been assigned a Category 2 rating. A Category 2 IASA rating means the country either lacked laws or regulations necessary to oversee air carriers in accordance with minimum international standards, or its civil aviation authority was deficient in one or more areas, such as technical expertise, trained personnel, record-keeping, inspection procedures, or resolution of safety concerns. (See November 11, 2019.)
20231213: FAA Administrator Mike Whitaker directed the executive director of Air Traffic Safety Oversight to report to him and the Associate Administrator of Aviation Safety to address better safety risks.