Page 40 - Planning and Design of Airports

18 Airp o r t Pl anning

3. Authority was given to the Secretary of Commerce to estab-
lish air traffic rules.
4. The Secretary of Commerce was authorized to establish,
operate, and maintain lighted civil airways.
In drafting the legislation, Congress relied considerably upon the
precedents in maritime law. An analogy was utilized between the role
of the government in meeting water navigation needs and the role of
the government in air navigation. In water navigation these services
included the signing, lighting, and marking of channels, safety inspec-
tion of ships and operating personnel, assistance in the development
and improvement of ports and waterways, and laws concerning the
operations of the industry. The provision of docks and terminal facil-
ities were the responsibility of local government or the private sector
of the economy. Therefore, the legislation was adopted in such a
framework which held that airports were analogous to the docks of
waterborne transportation [30].
Under the Air Commerce Act, control of air transportation was
divided among several government agencies. The air-mail contracts
were let by the Post Office Department, air-mail rates were subject to
regulation by the Interstate Commerce Commission, and matters
having to do with registration, certification, and airways were vested
in the Bureau of Air Commerce in the Department of Commerce. The
result of this divided jurisdiction was a lack of coordination in the
efforts of government to develop the air transportation industry. In
addition, the Act specifically prohibited any direct federal funding
for airport development.

Civil Aeronautics Act of 1938
The Air Commerce Act of 1926 had been passed before the carriage
of mail and passengers had developed into a substantial business
enterprise. The failure of this legislation to provide adequate eco-
nomic control led to wasteful and destructive competitive practices.
The carriers had little security in their routes and therefore could not
attract private investors and develop traffic volumes sufficient to
achieve economic stability. These particular weaknesses in the exist-
ing legislation led to the enactment of the Civil Aeronautics Act of
1938 (Public Law 76-706). This act defined in a precise manner the
role of the federal government in respect to the economic phases of
air transport. It created one independent agency to foster and regu-
late air transport in lieu of the three agencies operating under the Air
Commerce Act. This new agency was called the Civil Aeronautics
Authority (not to be confused with the Civil Aeronautics Adminis-
tration). It consisted of a five-member authority, a three-member air
safety board, and an administrator. The five-member authority was
principally concerned with the economic regulation of air carriers;