The Federal Aviation Act of 1958
The single most important piece of federal legislation that pertains to aviation would have
to be that passage of the Federal Aviation Act of 1958. This took place under the administration
President Dwight D. Eisenhower. This legislation fostered the creation of the Federal Aviation
Administration (F.A.A.) and required the newly formed agency to “promote the safe flight of
civil aircraft in air commerce by prescribing minimum standards required in the interest of
safety.” The act also gives the FAA the authority to create minimum standards pertaining to the
design, materials, workmanship, construction, and performance of civil aircraft as required with
its number one goal of promoting safety in all aspects of civil aviation.
Today, the federal government has broad oversight of nearly every aspect of aviation.
The Administration sets minimum standards and regulations not only related to the safe
operation and manufacturing of aircraft, but it also designates requirements for the licensing of
pilots and provides rules and regulations regarding the control of airspace. However, it took
several major air tragedies to awaken Congress and the nation to focus on the need for immediate
action. (Federal Aviation Act | Kreindler, n.d.)
Why the Federal Aviation Act Was Important
There are a plethora of reasons as to why this piece of federal legislation is so important.
Ultimately, the Act created what would eventually become known as the Federal Aviation
Administration of which the bulk of this manuscript will highlight what it is that the
Administration does that makes it so important to those who have a stake in the civil aviation
community. From the beginning, the F.A.A. has had to adapt to the ever-changing environment
of civil aviation. The Administration governs the airspace through which we fly and is also
responsible for controlling all air traffic throughout the fifty (50) states within the Union. One of
the major tasks of the Administration is the creation of airman certification standards. These are
the standards all pilots must adhere to regardless of the type of certification they hold. The
standards include medical classifications, currency requirements, restrictions of certain
privileges, and the durations for each type of certification held whether medical or flight related.
(FAA, 2022) As pilots, everything we do revolves around the Federal Aviation Administration.
The F.A.A. dominates our lives keeping us constantly on our toes and in a constant state of
preparedness. It could be argued that no other occupation that exists is as heavily scrutinized as
that of the professional pilot. Pilots are the consummate professionals at what they do, and it is
solely because the FAA demands that we meet the standard.
Manufacturers and aircraft mechanics are also under the umbrella of the F.A.A. The
Federal Aviation Act of 1958 was the original statute that authorized the FAA to delegate
activities to authorized private individuals employed by aircraft manufacturers. Although paid
for by the manufacturers, these designees act as representatives for the F.A.A. in examining
aircraft design, quality control, and airworthiness. The F.A.A. is responsible for ensuring that the
designees’ activities are legal and also for determining whether the designs meet the FAA’s
requirements for safety.
It is important to note that, according to the Code of Federal Regulations, where the
regulations refer to the “Administrator,” this also includes any individual with authority granted
by the Administrator to exercise or perform any specific power, duty, or function. Private
individuals have been examining, testing, and inspecting aircraft as part of the F.A.A.’s
regulatory system for aviation safety since the late 1920’s. The F.A.A.’s Act of 1958 gives the
current legislative authority to appoint a wide variety of designees to issue certificates.
For example, the duties and responsibilities for designees are mandated in F.A.A. Order
8110.37 D for Designated Engineering Representatives (DER) and 8100.8 C for Designated
Manufacturing Inspection Representatives (DMIR), Designated Airworthiness Representatives
(DAR), and Organizational Designated Airworthiness Representatives (ODAR).
The F.A.A. relies on both individual and organizational delegations in the aircraft
certification process. Delegation is used to the highest extent possible with safeguards as defined
in the F.A.A.’s delegation management process policies.
The Administrator. and the applicant agrees to manage all designee activity within the
regulations and policy regarding designee appointment, procedures, and oversight. It is
imperative that the Administrator and the public have trust in the integrity of this type of system
and that it functions properly. Both parties agree to facilitate an environment where clear lines of
communication between the designers and applicant’s management and between the designers
and their F.A.A. counterparts are standard practice. That type of environment should encourage
the designees, within the scope of their delegation, to openly communicate certification items
with the Administrator which are necessary to maintain trust within the designee system. The
applicant also agrees to create a working environment in which designees can make judgments
on compliance and conformity findings free from ridicule and with the approval and knowledge
of the F.A.A. (Federal Aviation Act - an Overview | ScienceDirect Topics, n.d.)
It is easy to see why the Aviation Safety Act of 1958 was so important. Commerical
aviation is still the safest mode of travel in the world. This would be impossible without the
creation of legislation to ensure that everyone involved within the field of aviation is properly
References
Federal Aviation Act | Kreindler. (n.d.). Kreindler & Kreindler LLP. Retrieved May 22, 2024
FAA. (2022). A Brief History of the FAA | Federal Aviation Administration. Faa.gov.
https://www.faa.gov/about/history/brief_history#origins
Federal Aviation Act - an overview | ScienceDirect Topics. (n.d.). Www.sciencedirect.com.
https://www.sciencedirect.com/topics/engineering/federal-aviation-act
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