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the FAA regulations, and some pregnant questions...

December 18 2003 at 2:13 PM
Johnny Bob  (Login jbob)
Owner
from IP address 209.248.57.41


Response to the FAA will be investigating Mt. Vernon IL low-flying helicopters soon...

 
[I've posed a few pregnant questions at the end of this post. It should be obvious, but let me make clear that I'm not an attorney.]

I'm starting to read the FAA regulations, trying to answer some of my own questions, in preparation for the upcoming FAA investigation into my helicopter noise complaint. Perhaps this research would be useful to others, so FYI, here are some relevant links & info I've found...

the FAA Regulations:
http://www2.faa.gov/avr/arm/index.cfm

the electronic code of FAA regulations:
http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_14/14tab_00.html

Overview: FAA is a division of the U.S. Dept. of Transportation. It is the regulatory entity under Title 14, Chapter I, Aeronautics and Space. FAA's regulations under Chapter I are divided into subchapters A-N:

SUBCHAPTER A--DEFINITIONS
SUBCHAPTER B--PROCEDURAL RULES
SUBCHAPTER C--AIRCRAFT
SUBCHAPTER D--AIRMEN
SUBCHAPTER E--AIRSPACE
SUBCHAPTER F--AIR TRAFFIC AND GENERAL OPERATING RULES
SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS
SUBCHAPTER H--SCHOOLS AND OTHER CERTIFICATED AGENCIES
SUBCHAPTER I--AIRPORTS
SUBCHAPTER J--NAVIGATIONAL FACILITIES
SUBCHAPTER K--ADMINISTRATIVE REGULATIONS
SUBCHAPTER N--WAR RISK INSURANCE

They are indexed for easier online access as Part numbers (electronic code numbers 1-193), irrespective of their subchapter headings. So it should be possible to make reference to a particular regulation simply by quoting a Part#.

Here's a further breakdown of the subchapters A-N (my plain text reformat of the online sites) under Title 14--Aeronautics and Space: CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

SUBCHAPTER A--DEFINITIONS
Part 1 - Definitions and abbreviations

SUBCHAPTER B--PROCEDURAL RULES
Part 11 - General rulemaking procedures
Part 13 - Investigative and enforcement procedures
Part 14 - Rules implementing the Equal Access to Justice Act of 1980
Part 15 - Administrative claims under Federal Tort Claims Act
Part 16 - Rules of practice for Federally-assisted airport enforcement proceedings.
Part 17 - Procedures for protests and contracts disputes

SUBCHAPTER C--AIRCRAFT
Part 21 - Certification procedures for products and parts
Part 23 - Airworthiness standards: Normal, utility, acrobatic, and commuter category airplanes
Part 25 - Airworthiness standards: Transport category airplanes
Part 27 - Airworthiness standards: Normal category rotorcraft
Part 29 - Airworthiness standards: Transport category rotorcraft
Part 31 - Airworthiness standards: Manned free balloons
Part 33 - Airworthiness standards: Aircraft engines
Part 34 - Fuel venting and exhaust emission requirements for turbine engine powered airplanes
Part 35 - Airworthiness standards: Propellers
Part 36 - Noise standards: Aircraft type and airworthiness certification
Part 39 - Airworthiness directives
Part 43 - Maintenance, preventive maintenance, rebuilding, and alteration
Part 45 - Identification and registration marking
Part 47 - Aircraft registration
Part 49 - Recording of aircraft titles and security documents
Parts 50-59 - [Reserved]

SUBCHAPTER D--AIRMEN
Part 60 - [Reserved]
Part 61 - Certification: Pilots, flight instructors, and ground instructors
Part 63 - Certification: Flight crewmembers other than pilots
Part 65 - Certification: Airmen other than flight crewmembers
Part 67 - Medical standards and certification

SUBCHAPTER E--AIRSPACE
Part 71 - Designation of class A, class B, class C, class D, and class E airspace areas; airways; routes; and reporting points
Part 73 - Special use airspace
Part 75 - [Reserved]
Part 77 - Objects affecting navigable airspace

SUBCHAPTER F--AIR TRAFFIC AND GENERAL OPERATING RULES
Part 91 - General operating and flight rules
Part 93 - Special air traffic rules
Part 95 - IFR altitudes
Part 97 - Standard instrument approach procedures
Part 99 - Security control of air traffic
Part 101 - Moored balloons, kites, unmanned rockets and unmanned free balloons
Part 103 - Ultralight vehicles
Part 105 - Parachute Operations

SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE:
CERTIFICATION AND OPERATIONS
Part 119 - Certification: Air carriers and commercial operators
Part 121 - Operating requirements: Domestic, flag, and supplemental operations
Part 125 - Certification and operations: Airplanes having a seating capacity of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more; and rules governing persons on board such aircraft
Part 129 - Operations: Foreign air carriers and foreign operators of U.S.-registered aircraft engaged in common carriage
Part 133 - Rotorcraft external-load operations
Part 135 - Operating requirements: Commuter and on demand operations and rules governing persons on board such aircraft
Part 136 - National parks air tour management
Part 137 - Agricultural aircraft operations
Part 139 - Certification and operations: Land airports serving certain air carriers

SUBCHAPTER H--SCHOOLS AND OTHER CERTIFICATED AGENCIES
Part 140 - [Reserved]
Part 141 - Pilot schools
Part 142 - Training centers
Part 143 - [Reserved]
Part 145 - Repair stations
Part 147 - Aviation maintenance technician schools

SUBCHAPTER I--AIRPORTS
Part 150 - Airport noise compatibility planning
Part 151 - Federal aid to airports
Part 152 - Airport aid program
Part 155 - Release of airport property from surplus property disposal restrictions
Part 156 - State block grant pilot program
Part 157 - Notice of construction, alteration, activation, and deactivation of airports
Part 158 - Passenger facility charges (PFC's)
Part 161 - Notice and approval of airport noise and access restrictions
Part 169 - Expenditure of Federal funds for nonmilitary airports or air navigation facilities thereon

SUBCHAPTER J--NAVIGATIONAL FACILITIES
Part 170 - Establishment and discontinuance criteria for air traffic control services and navigational facilities
Part 171 - Non-Federal navigation facilities

SUBCHAPTER K--ADMINISTRATIVE REGULATIONS
Part 183 - Representatives of the Administrator
Part 185 - Testimony by employees and production of records in legal proceedings, and service of legal process and pleadings
Part 187 - Fees
Part 189 - Use of Federal Aviation Administration communications system
Part 193 - Protection of voluntarily submitted information

SUBCHAPTER N--WAR RISK INSURANCE
Part 198 - Aviation insurance

That is not the lowest level breakdown, but it gives a general idea where to look for something.

~~~~~~~~~~~~~~~~~~~~~~~~

Some pregnant questions.....

--From what I'm reading in some online sources, FAA does not enforce its own regulations very well, particularly re noise mitigation. True or false?

--After FAA makes an investigation then issues a ruling, do they enforce the ruling themselves, or does some other government entity perform that task? If the latter, who?

--Does FAA actually monitor aircraft itself, or do they require somebody else to monitor them to prove that a FAA regulation has been violated? If the latter, who?

--Obviously there is radar monitoring aircraft around the big airports that use air traffic controllers. But how does a small local airport without radar monitor aircraft and tell them when/where to land?

--Who administers heliports and monitors helicopter traffic (if anybody)?

--Is there a list somewhere of helicopter noise complaints that caused a FAA hearing/investigation, and FAA's rulings in those cases?

Johnny Bob

 
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