Cone, J. Carroll

Southern Methodist University

Journal of Air Law and CommerceVolume 4 | Issue 4 Article 51933The Dividing Line between Federal and StatePromotion of AeronauticsJ. Carroll ConeFollow this and additional works at: https://scholar.smu.edu/jalcThis Symposium is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Lawand Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu.Recommended CitationJ. Carroll Cone, The Dividing Line between Federal and State Promotion of Aeronautics, 4 J. Air L. & Com. 473 (1933)https://scholar.smu.edu/jalc/vol4/iss4/5THE DIVIDING LINE BETWEEN FEDERALAND STATE PROMOTION OFAERONAUTICSJ. CARROLL CONE*There is no dividing line between Federal and state promotionof aeronautics at this time, and the possibility that one might bedrawn would arise only with the appropriation by the states of pro-motional funds. This appears unlikely for the present. Shouldstate funds be appropriated in the future for aeronautical promo-tion, there is no question in my mind but that a highly efficientarrangement could be entered into between the states and the gov-ernment at Washington.The states have attacked the problems of regulation first, andrightly so, for these problems are very real and demand immediateattention while the flying industry is as yet in a formative stage.We have already seen the scheduled air transport services de-velop into a full-fledged transportation system and settle upon awell-defined plan of operation. The same thing doubtless willtranspire for other types of flying activities in the next few years.In setting up regulatory machinery the states, particularly inthe past two or three years, have followed the principles estab-lished by the Federal Air Commerce Act and Air Commerce Reg-ulations; they have recognized the value of Federal licensing andhave made their requirements fall into line by simply requiringFederal licenses or adopting some similar arrangement; and theyhave adopted the Federal Air Traffic Rules. It cannot be said thatthis is universal for the 48 states, but results along this line aresubstantial and the trend is- continuing. For those states whichhave organization work yet to do, it is imperative that considerationbe given to adoption of Federal licensing regulations and AirTraffic Rules as early as possible, without waiting until twentyor thirty thousand aircraft are in operation and the problems in-volved are that much more complex.Having set up their regulatory machinery, some of the stateshave undertaken the establishment of airports and intermediatelanding fields. This may be regarded as an exception to the gen-eral statement that there is no dividing line between Federal and*Assistant Director In Charge of Air Regulation, Aeronautics Branch, De-partment of Commerce.[473]THE JOURNAL OF AIR LAWstate promotional activities, for establishment of air navigationaids is a most important promotional function and is essential tothe development of aeronautics. Michigan has established 10 statefields; Idaho, 4; Connecticut and Pennsylvania, 2 each; Arkansas,Maine, Rhode Island, West Virginia and Wisconsin, 1 each. Aero-nautic lighting has been provided at both of Connecticut's fields,at one of Idaho's and the one established by Rhode Island.The Aeronautics Branch of the Department of Commercemaintains a Federal Airways System which is provided with ro-tating beacon lights, intermediate landing fields, radio communica-tion stations, radio range beacons, radio marker beacons, and tele-typewriter circuits for dissemination of weather information. Thissystem now includes about 18,000 miles of lighted and radioequipped routes and eventually is expected to reach 25,000 miles.Even 25,000 miles will not serve every city in the United Statesat which aircraft will be in operation. But it is the purpose of theFederal government to establish a comprehensive system of trunkline airways, with the idea that states will eventually provide theshorter connecting and feeder links. In most cases these shortfeeder airways will not require aids so extensive as those availableon the transcontinental airways. For one thing, broadcasts ofweather information from stations on the Federal Airways wouldbe received on these feeder links, and probably would give sufficientinformation for pilots flying thereon, as these pilots would be flyingtoward, or short distances from, points on Federal Airways.In fact, the establishment of a series of airports and inter-mediate landing fields represents a substantial accomplishment, for itmhakes available a day airway route. Air marking of cities, highwaysand railroads enhances the value of this day airway. Next, theinstallation of lighting equipment at the fields, and perhaps beaconlights at points between fields enable night flights to be made withsafety. Finally radio facilities may be provided and weather re-porting service established, and, as pointed out heretofore, theshort line state airway may depend upon some of the facilities ofthe Federal Airways System for these purposes.In carrying out such a program, especially that part concernedwith airports and intermediate landing fields, the state should ar-range for close cooperation between its aeronautical board and itshighway department (or between whatever agencies are responsiblefor this work, regardless of their designations). Road buildingequipment of the highway department could be used to excellentadvantage in building and improving municipal and state airportsN. A. S. A. 0. PROCEEDINGSand intermediate landing fields. With all the state road buildingequipment which is in use, particularly at this time when road build-ing is off the ascendency, there should be an ample amount ofequipment on hand for use of the aeronautical board, without thenecessity for moving it from one part of the state to another.Also, if the two agencies are consolidated or are cooperating ac-tively, it will be possible to use the equipment at one time for roadwork and at another for airports without delaying either program.The equipment would'be in use more continuously, would be utilizedto greater advantage before becoming obsolete, and would enablecrews of workmen to be employed more constantly.The Federal government, through the Aeronautics Branch ofthe Department of Commerce, is in a position to be of considerableassistance to the states in this and other connections, and is alwaysglad to render any services which are within its power.I have been speaking of airport development. The AeronauticDepartment Service of the Branch has an airport which was cre-ated to encourage the establishment of airports throughout theUnited States.Department airport specialists travel throughout the countryon carefully arranged itineraries for conferences with state andmunicipal officials, civic organizations, and others interested in theestablishment or improvement of airports. They offer suggestionsas to suitability of various sites and explain the requirements ofthe Department for airport ratings. Often an airport specialistaddresses fairly large groups at luncheons or evening meetings.These specialists cannot undertake detailed engineering studies,but invariably recommend that such studies be pursued before anyactual construction is undertaken, in order that money will be ex-pended to the best advantage.Some of the states have availed themselves of this service, butmost of the visits of airport specialists have been made as a resultof requests received from municipalities. However, the states areentitled to the advice of the airport section in framing programsfor establishment of airports and intermediate landing fields. Theymay receive it upon request, subject only to the limitations im-posed by the pre-arranged itineraries, and this means merely thatconferences are scheduled some days in advance.In other ways as well the Branch is prepared to be of as-sistance to states. Records of all airports and landing fields andother aids to air navigation are maintained by the Airway BulletinSection. This information is made public regularly through theTHE JOURNAL OF AIR LAWAirway Bulletins, which are revised about once a year, and throughthe Weekly Notices to Airmen, which are weekly supplements tothose publications. The section is prepared also to answer specificqueries about airports or other aids whenever these arise, and theinformation may be requested by mail, telegraph or telephone.In this matter the states can cooperate by forwarding informa-tion with respect to new airports, changes at airports or temporaryconditions which- result in putting aids to air navigation temporarilyout of operation.In compilation of statistical material the Aeronautics Branchmakes available a part of its information by states. A tabulationshowing the number of licensed aircraft, unlicensed aircraft, andairmen licensed in the various grades, in each state is preparedevery three months by the Statistics and Distribution Section. Atable showing the number of airports of various kinds in eachstate, that is, the number of municipal and commercial airports,Department of Commerce intermediate landing fields, auxiliaryfields, Army and Navy fields, state, private and miscellaneous gov-ernment fields, is prepared every three months by the AirwayBulletin Section.Other statistics gathered by the Statistics and DistributionSection could be put on a state basis also if the information weredesired in this form. These include information with respect toaccidents both to schedule and miscellaneous operations, opera-tions in these two categories, and production of aircraft. Therehas as yet been very little demand from the states themselves forcompilation of this information by states, but if the demand shouldbe made it could be met.If state statistics are to be compiled, this work either shouldbe done by the Aeronautics Branch, or in cooperation with it.Whatever statistics a state might wish to have for its own usecould be compiled by the state in any way that might seem desir-able, but to make such information useful generally, the same in-formation should be available for all states, and in a comparableform.Other promotional activities of the Aeronautics Branch includeresearch and compilation of airway maps. Both, at first thought,appear to be lines of endeavor best left centralized in the Federalgovernment. But we may find that there is opportunity for statecooperation here also.For example, the Aeronautics Branch has developed a radiosystem for blind landing of aircraft, a system which enables theN. A. S. A. 0. PROCEEDINGSpilot to follow a radio path downward from the air to effect alanding on a fog-covered airport, or contrarily, to leave the airportby following these radio signals. Using it for a landing, the pilotdepends upon a runway localizing beacon to keep him headedtoward and onto the runway, a landing beam to bring him down-ward in a sweeping glide ending at the surface of the airport, andtwo marker beacons to inform him, first that he is near the landingarea, and then that he is at the edge of the field and should pre-pare to land.This system has been undergoing service tests at Newark, N. J.,and soon will be placed in operation for similar tests at Oakland,Calif. In each case the city cooperated in making this equipmentavailable at its municipal airport. It is entirely possible that somesuch arrangement between the Federal government and the statesmay be feasible and advantageous for this or other research pro-jects. Research work which aims at the solution of problemswhich trouble all airmen should be undertaken by a central agency.But there is nothing to prevent cooperation by any organizations orindividuals who have something to contribute, and there is everyreaon for encouraging such cooperation.Airway maps now being published by the Aeronautics Branchare of the sectional type. One map covers the territory within 2degrees of latitude and 6 degrees longitude, or in other words, itrepresents an oblong of territory about 300 miles from east towest and 140 miles from north to south. A series of 87 suchmaps will chart the entire United States for the airman, with mapsthat give him the special information needed for air navigation.Eighteen are available now and strip maps of the airways previ-ously compiled may be obtained for localities not yet covered bysectional maps.It is unlikely that states will find it necessary to issue maps,in view of the extensive program of the Federal government. Onestate aviation commission asked the Branch for comment upon aplan to insert data with respect to air navigation aids on automobilemaps. We urged the commission to follow up the idea. Such amap probably would not serve for use by airmen for extendedflights over unfamiliar territory, but Department of Commercemaps are available for this purpose. The automobile map with airland marks shown, would, however, bring flying to the attention ofmotorists and stimulate their interest, and in many cases the recog-nition of such land marks as airports and beacon lights would beTHE JOURNAL OF AIR LAWof assistance to the motorist checking his progress along the high-way.Repeatedly in this paper I have pointed out avenues of ap-proach for cooperation between the states and the Federal gov-ernment. To my mind, that is probably the most important factorin the whole field of Federal and state promotion of aeronautics.Whatever is done should be known to all concerned. There shouldbe no duplication of effort. ff there is opportunity for the Federalgovernment and the states to proceed along the same line thisshould be done, but in accordance with a well-defined central pro-gram which will assure the greatest results for effort expended.I do not mean to imply a resistance to cooperation in the past,for there has been no such thing. What I do have in mind is, thatmany opportunities to cooperate have been neglected. Civil aero-nautics in this country has developed amazingly in the past fiveyears. Continuing along the same lines, and with a greater degreeof cooperation between the Federal government, the states, and theseveral organizations and societies that are concerned with aero-n-autics, the progress of the next five years can well make that ofthe last five seem small by comparison.One project upon which the Aeronautics Branch is engagedat this very moment would be expedited, and the final results wouldbe enhanced in value, by the cooperation of state aviation officials.The Branch is studying the regulations which govern the activitiesof the private flyer, and of the solo pilots who now are beingchanged in status because of the discontinuance of that grade oflicense. Our aim is to simplify the regulations applying to theseairmen in every way possible, and to do everything possible to as-sist in lowering the cost of flying, always, however, with properregard for safety.The private pilot either is an amateur airman who flies forpleasure or in connection with his own business affairs, or he isa potential professional airman who is learning the technique andgaining the experience necessary for success in his chosen pro-fession. In either case he should be permitted to operate his air-plane with the fewest possible restrictions.All of you state aviation officials are familiar with the situa-tion, and know the difficulties faced by the amateur airman. Doubt-less you all have ideas as to the course Federal regulation of privateflying might take with this thought of simplification in mind. Ifyou will give us your suggestions along this line, it will speed upour work and hasten the day when the pleasure and convenience offlying will be available to the average person of moderate means.

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The Dividing Line between Federal and State Promotion of Aeronautics

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The Dividing Line between Federal and State Promotion of Aeronautics

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