Where To Buy Port Authority Shirts
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where to buy port authority shirts
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Under the Federal Aviation Act of 1958 (49 U.S.C.A. 1301 et seq.) Congress declared that the public has the right of freedom of transport through *749 navigable air space of the United States and authorized the Federal Aviation Administrator to prescribe air traffic rules and regulations governing the flight of aircraft for the protection of aircraft and persons and property on the ground, including rules for safe altitudes of flight and for the assignment of the use of air space on such terms and conditions as may be necessary to insure the safety of aircraft. Pursuant to this authority the Federal Aviation Administrator adopted certain rules and regulations prescribing flight paths, traffic patterns, runway utilization, and landing and take-off procedures in connection with aircraft operations at LaGuardia Airport (Federal Aviation Regulations, 91.1 et seq., 93.31 et seq. and 97.1 et seq.) and also establishing certain preferential runway systems for airports with operating control towers and providing that no pilot shall take off or land without clearance from the FAA control towers [ 91.87(h)]. The regulations further provide that each pilot assigned a preferential runway must use that runway unless, in the interest of safety, the pilot should determine that another runway should be used, in which event he must again receive clearance from the FAA Air Traffic Control Tower [ 91.87 (g)].
United also attacks the validity of the Port Authority's regulations and its own agreements on the ground that they interfere and conflict with the authority of the FAA to control air traffic. There can be no question that under the Federal Aviation Act of 1958 (49 U.S.C.A. 1301 et seq.) FAA has the power and authority to regulate the flight of aircraft through the navigable airspace of the United States and to assign the use of airspace upon such terms and conditions as may be necessary to insure the safety of aircraft. In recognition of this authority, the Port Authority and the airlines entered into an agreement on February 12, 1952 with the Civil Aeronautics Administration (predecessor of the FAA), in which all parties agreed that the FAA had full power to establish and approve operating procedures of the airlines, including all air traffic control and procedures for approaches and take-offs at airports. On the other hand, the Port Authority also has power and authority to regulate land structures and the use of its runways at its airports.
It is unnecessary to decide in this case whether the FAA possesses the power and authority to pre-empt the area of regulating the use of the runways for purposes of air traffic control into and out of LaGuardia Airport. The issue here is whether the FAA has actually attempted to exercise such power and authority in opposition to the Port Authority's regulations and has thus frozen the area. Cf., South Carolina State Highway Dep't v. Barnwell Bros., 1938, 303 U.S. 177, 58 S. Ct. 510, 82 L. Ed. 734. The answer depends upon the interpretation of Tower Bulletin 66-5, listing a preferential system of landings and take-offs on runways 4-22 at LaGuardia Airport. The affidavit of Oscar Bakke, Eastern Regional Director of FAA, indicates that the Port Authority's regulations relative to the use of runways 4-22 will under certain conditions of wind direction and velocity "complicate and place an unnecessary burden on air traffic control and derogate from the efficient movement of air commerce." But the letter of August 11, 1966 to the Port Authority from William F. McKee, Federal Aviation Administrator, who the Court must assume is *753 the final arbitrator of the question, states, among other things, that "in making the runway available for the fullest use required by safety considerations we are not directing that the runway be used." In fact, the Administrator has no objection if "the Port and the airlines decide to continue their agreements to restrict the use of runway 4-22" so long as the airlines are "required to abide by other applicable Federal Aviation Regulations." One must conclude from these statements that while the FAA believes that runways 4-22 can be safely used, it is not prepared at the present time to direct their use in the interest of safety or to pre-empt the regulation of its use in contradiction of Port Authority's rules and regulations. Buttressing this conclusion is the fact that although fully advised of this proceeding (see affidavit of Oscar Bakke), the FAA has made no effort to intervene. Cf., Allegheny Airlines v. Village of Cedarhurst, 2 Cir. 1956, 238 F.2d 812. 041b061a72