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Claggett, who have been closely associated with the air travel functions of the ICC in recent years. Armstrong explained that the ICC has jurisdiction over air carriers under the Public Utilities Act, but is limited to wholly intrastate air traffic by scheduled carriers. Conversely, the ICC has no jurisdiction over intrastate flights or contract or charter carriage. It is within the authority of the ICC to grant to airlines Certificates of Public Necessity and Convenience to operate particular routes within the state.
Route certificates are awarded on the basis of the public need and the qualification of the carriers to provide the service. This is determined at an adversary proceeding, which Mul-liken termed "inadequate." He suggested these hearings be made less complex and require all applicants to submit certain standard data. He also admitted that the ICC is not equipped with an adequate investigation staff, and it has no special aviation section. For this reason it must rely on outside consultants for expertise.
Armstrong alleged that Chicago & Southern was granted the Meigs-Springfield route on the basis of all the evidence gathered at the route hearing. He said Chicago & Southern appeared a little better qualified than Hub Airlines, the other contender. He noted that Chicago & Southern was favored because, unlike Hub, it operated solely intrastate, the argument being that the ICC did not wish Illinois to "subsidize" flights into and servicing neighboring states. After the route was awarded, the ICC made "informal investigations" of the "incidents" which befell Chicago & Southern if they occurred within the state of Illinois.
The ICC has had but a tenuous relationship with the FAA, and only recently has tried to establish a cooperative arrangement with that agency. The ICC does not yet receive reports of incidents or mechanical failures from the FAA, but it has, at least in the case of Chicago & Southern, requested that the airline send duplicate copies of all incident reports prepared for the FAA to the ICC for review.
The ICC has no flight safety standards, its function being more closely related to the economic aspects of scheduled airlines. However, Armstrong feels that Illinois should adopt its own safety regulations because the FAA
does not do an adequate job of enforcing FAA regulations. He feels that these standards should be somewhat stricter than the currently applicable FAR 135 regulation, perhaps incorporating selected provisions of the stricter FAR 121 regulation which apply to larger aircraft companies. The ICC could equip itself to implement this type of state regulation, but would require a clear mandate from the legislature to do so.
In addition, these new regulations should be readily enforceable. Currently, the discovery of a dangerous condition requires the institution of long, formal hearings before any corrective measures can be imposed. The legislature should empower the enforcing agency to immediately suspend the offender's certificate or impose fines pending the outcome of the hearing.
Armstrong stated that the ICC hired the Flight Safety Foundation, Inc. of Arlington, Virginia, to study the operations of Chicago & Southern for the period of September 8 through October 1, 1971. The Foundation's report was delivered to the ICC on October 20, the day before the fatal Peoria crash. The report indicated that the airline had been deficient in many aspects of its adherence to FAA regulations.
George M. Wagner
Mr. Wagner is an assistant division chief of the FAA. He explained that the FAA operates out of two General Aviation District Offices (GADO) in Illinois, one in Springfield and the other in West Chicago. The function of GADO is to enforce FAA standards and regulations in its area of jurisdiction.
Commuter air carriers generally are subject to Federal Aviation Regulation (FAR) 135, which applies to aircraft which do not exceed a maximum weight of 12,500 pounds. These standards are substantially less than those which apply to larger aircraft under FAR 121. It would be economically unfeasible to require the stricter standards for 135 aircraft operations.
FAA inspectors periodically conduct "ramp inspections," which, as the name implies, are performed immediately prior to takeoff. If the inspector detects a violation of Federal Air Regulations, he prepares a report
130
Object Description
| Title | Intrastate air operations in Illinois |
| Creator |
Illinois. General Assembly. Legislative Investigating Commission |
| Subject [LCSH] |
Aeronautics, Commercial--Illinois Local service airlines--Illinois |
| Date Original | 1972 |
| Language | eng |
| Geographic Coverage | United States--Illinois |
| Contributing Institution | Illinois State Library |
| Rights | Materials in this collection are made available by the Illinois State Library. To request reproductions or inquire about permissions, contact: islimg@ilsos.net. Please cite the item title and collection name. |
| Identifier | 0653360 |
| Type | Text |
| Format | Book |
| Digital Format | JPEG |
| Collection Name | Illinois State Library - General Collection |
Description
| Title | Page 130 |
| Contributing Institution | Illinois State Library |
| Rights | Materials in this collection are made available by the Illinois State Library. To request reproductions or inquire about permissions, contact: islimg@ilsos.net. Please cite the item title and collection name. |
| Transcript | Claggett, who have been closely associated with the air travel functions of the ICC in recent years. Armstrong explained that the ICC has jurisdiction over air carriers under the Public Utilities Act, but is limited to wholly intrastate air traffic by scheduled carriers. Conversely, the ICC has no jurisdiction over intrastate flights or contract or charter carriage. It is within the authority of the ICC to grant to airlines Certificates of Public Necessity and Convenience to operate particular routes within the state. Route certificates are awarded on the basis of the public need and the qualification of the carriers to provide the service. This is determined at an adversary proceeding, which Mul-liken termed "inadequate." He suggested these hearings be made less complex and require all applicants to submit certain standard data. He also admitted that the ICC is not equipped with an adequate investigation staff, and it has no special aviation section. For this reason it must rely on outside consultants for expertise. Armstrong alleged that Chicago & Southern was granted the Meigs-Springfield route on the basis of all the evidence gathered at the route hearing. He said Chicago & Southern appeared a little better qualified than Hub Airlines, the other contender. He noted that Chicago & Southern was favored because, unlike Hub, it operated solely intrastate, the argument being that the ICC did not wish Illinois to "subsidize" flights into and servicing neighboring states. After the route was awarded, the ICC made "informal investigations" of the "incidents" which befell Chicago & Southern if they occurred within the state of Illinois. The ICC has had but a tenuous relationship with the FAA, and only recently has tried to establish a cooperative arrangement with that agency. The ICC does not yet receive reports of incidents or mechanical failures from the FAA, but it has, at least in the case of Chicago & Southern, requested that the airline send duplicate copies of all incident reports prepared for the FAA to the ICC for review. The ICC has no flight safety standards, its function being more closely related to the economic aspects of scheduled airlines. However, Armstrong feels that Illinois should adopt its own safety regulations because the FAA does not do an adequate job of enforcing FAA regulations. He feels that these standards should be somewhat stricter than the currently applicable FAR 135 regulation, perhaps incorporating selected provisions of the stricter FAR 121 regulation which apply to larger aircraft companies. The ICC could equip itself to implement this type of state regulation, but would require a clear mandate from the legislature to do so. In addition, these new regulations should be readily enforceable. Currently, the discovery of a dangerous condition requires the institution of long, formal hearings before any corrective measures can be imposed. The legislature should empower the enforcing agency to immediately suspend the offender's certificate or impose fines pending the outcome of the hearing. Armstrong stated that the ICC hired the Flight Safety Foundation, Inc. of Arlington, Virginia, to study the operations of Chicago & Southern for the period of September 8 through October 1, 1971. The Foundation's report was delivered to the ICC on October 20, the day before the fatal Peoria crash. The report indicated that the airline had been deficient in many aspects of its adherence to FAA regulations. George M. Wagner Mr. Wagner is an assistant division chief of the FAA. He explained that the FAA operates out of two General Aviation District Offices (GADO) in Illinois, one in Springfield and the other in West Chicago. The function of GADO is to enforce FAA standards and regulations in its area of jurisdiction. Commuter air carriers generally are subject to Federal Aviation Regulation (FAR) 135, which applies to aircraft which do not exceed a maximum weight of 12,500 pounds. These standards are substantially less than those which apply to larger aircraft under FAR 121. It would be economically unfeasible to require the stricter standards for 135 aircraft operations. FAA inspectors periodically conduct "ramp inspections," which, as the name implies, are performed immediately prior to takeoff. If the inspector detects a violation of Federal Air Regulations, he prepares a report 130 |
| Collection Name | Illinois State Library - General Collection |
