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Tuesday, February 10, 2004
Part II
Department of
Transportation
Federal Aviation Administration
14 CFR Parts 121 and 139 Certification of Airports; Final Rule
Federal Aviation Administration [Docket No. FAA–2000–7479; Amendment
DEPARTMENT OF TRANSPORTATION Nos. 121–304, 135–94] RIN 2120–AG96
14 CFR Parts 121 and 139
scheduled air carrier operations in aircraft FOR FURTHER INFORMATION CONTACT:
Certification of Airports designed for more than 9 passenger seats but
less than 31 passenger seats. In addition, this Linda Bruce, Airport Safety and Operations
AGENCY: Federal Aviation rule amends a section of an air carrier Division (AAS–300), Office of Airport Safety
Administration (FAA), DOT. operation regulation to conform with and Standards, Federal Aviation
ACTION: Final rule. changes to airport certification requirements. Administration, 800 Independence Avenue
SUMMARY: This rule revises the airport This rule is necessary to ensure safety in air SW., Washington, DC 20591; telephone:
certification regulation and establishes transportation at all certificated airports. (202) 267–8553; or e-mail:
certification requirements for airports serving DATES: Effective June 9, 2004. linda.bruce@faa.gov.
by e-mailing us at -AWASBREFA@faa.gov. The FAA implemented its new authority on
SUPPLEMENTARY INFORMATION: airport certification by publishing an NPRM
Background
on June 21, 2000 (65 FR 38636). This NPRM
Availability of Rulemaking Documents Regulatory History proposed to revise the current airport
You can get an electronic copy using the certification requirements in 14 CFR part 139
Since 1970, the FAA Administrator has had
Internet by: and to establish certification requirements for
the statutory authority under title 49, United
(1) Searching the Department of airports serving scheduled air carrier
States Code (U.S.C.) 44706 to issue Airport
Transportation’s electronic Docket operations in aircraft with more than 9
Operating Certificates (AOCs) to airports
Management System (DMS) web page passenger seats but less than 31 passenger
serving certain air carriers and to establish
(http://dms.dot.gov/search); seats. The NPRM also proposed a conforming
minimum safety standards for the operation of
(2) Visiting the Office of amendment to 14 CFR part 121. The public
those airports. The FAA uses this authority to
Rulemaking’s Web page at comment period was originally scheduled to
issue requirements for the certification and
http://www.faa.gov/avr/ arm/index.cfm; or close on September 9, 2000, but was extended
operation of certain land airports through part
(3) Accessing the Government to November 3, 2000, in response to several
139 of title 14, Code of Federal Regulations
Printing Office’s Web page at http:// requests made by airport operators and the
(14 CFR part 139).
www.access.gpo.gov/su_docs/aces/ State of Maine.
This statutory authority was limited to
aces140.html. In the NPRM, the FAA proposed to revise
those land airports serving passenger
certain outdated safety requirements and
operations of an air carrier that are conducted
You can also get a copy by submitting a require certification of airports not currently
with an aircraft designed for at least
request to the Federal Aviation certificated that serve scheduled air carrier
31-passenger seats. In response to
Administration, Office of Rulemaking, operations conducted in aircraft with more
recommendations made by the General
ARM–1, 800 Independence Avenue SW., than 9 passenger seats but less than 31
Accounting Office (GAO) in 1987 and the
Washington, DC 20591, or by calling (202) passenger seats. The proposal also clarified
National Transportation Safety Board
267–9680. Make sure to identify the existing requirements, incorporated existing
(NTSB) in 1994, the Secretary of
amendment number or docket number of this industry practices, and responded to an
Transportation sought authority from
rulemaking. outstanding petition for rulemaking and
Congress to broaden the FAA’s authority to
Anyone is able to search the electronic certain NTSB recommendations.
certificate airports, and the FAA’s authority
form of all comments received into any of Further, the FAA proposed to revise the
was broadened when Congress passed the
our dockets by the name of the individual existing airport certification process to
Federal Aviation Reauthorization Act of
submitting the comment (or signing the incorporate all airports covered by the
1996 (Public Law 104–264), amending 49
comment, if submitted on behalf of an statute, including those serving scheduled,
U.S.C. 44706. This amendment granted the
association, business, labor union, etc.). You smaller air carrier aircraft. Under this
FAA the authority to certificate airports
may review DOT’s complete Privacy Act changed certification process, airports would
serving scheduled air carrier operations
statement in the Federal Register published be reclassified into four new classes, based
conducted in aircraft with more than 9
on April 11, 2000 (Volume 65, Number 70; on the type of air carrier operations served.
passenger seats but less than 31 passenger
Pages 19477–78) or you may visit Class I, II, and IV airports would be those
seats, except in the State of Alaska. There
http://dms.dot.gov. that currently hold AOCs and Class III would
was no change to the FAA’s existing
be those airports being newly certificated.
Small Business Regulatory Enforcement authority to regulate airports serving air
Airports serving all types of scheduled
Fairness Act carrier operations using aircraft with more
operations of air carrier aircraft designed for
than 30 seats.
The Small Business Regulatory at least 31 passenger seats (large air carrier
In April 2000, Congress further
Enforcement Fairness Act (SBREFA) of 1996 aircraft), and any other type of air carrier
mandated, in the Wendell H. Ford
requires FAA to comply with small entity operations, would be known as Class I
Aviation Investment and Reform Act
requests for information or advice about airports. These airports currently hold an
for the 21st Century (Air-21; Public
compliance with statutes and regulations AOC.
Law 106–181), that the FAA issue a
within its jurisdiction. If you are a small entity Airports that currently hold a Limited
Notice of Proposed Rulemaking
and you have a question regarding this Airport Operating Certificate would be known
(NPRM) within 60 days and a Final
document, you may contact its local FAA as either Class II or IV airports. The FAA
Rule 1 year after the close of the
official, or the person listed under FOR proposed that Class II airports would be those
NPRM comment period implementing
FURTHER INFORMATION CONTACT. You can that serve scheduled operations of small air
49 U.S.C. 44706(a)(2), relating to the
find out more about SBREFA on the Internet carrier aircraft (aircraft designed for more
issuance of AOCs for small scheduled
at http://www.faa.gov/avr/arm/sbrefa.htm, or than 9 passenger seats but less than 31
passenger air carrier operations.
passenger seats) and unscheduled operations would be those that serve only unscheduled
of large air carrier aircraft. Class IV airports operations of large air carrier aircraft.
Advisory Committee (ARAC), the FAA consulting firm, also provided technical
As proposed, Class III airports would be sought industry input on regulatory and support.
those airports that serve only scheduled nonregulatory issues on the certification of However, after the passage of the Federal
operations of small air carrier aircraft and, as airports serving smaller air carrier operations. Aviation Reauthorization Act of 1996, the
noted above, would be required for the first The FAA asked the ARAC to consider FAA decided to consider exercising its new
time to be certificated under part 139. As alternatives to minimize the operational authority to regulate airports and asked the
specified in the authorizing statute, proposed burden on smaller airports, including options ARAC to immediately provide the FAA a
airport certification requirements would not for aircraft rescue and firefighting (ARFF) report on certifying airports serving small air
be applicable to airports located in the State of services. The FAA also suggested that the carrier aircraft that included draft regulatory
Alaska that only serve scheduled operations of ARAC conduct a survey of affected airports language.
small air carrier aircraft. to gauge the impact of any proposed While the working group agreed on many
Similar to how the FAA currently requirement. issues, two members (ALPA and NATA)
certificates airports, the proposal required In 1995, the ARAC appointed the disagreed with several of the group’s
airport operators choosing to be certificated Commuter Airport Certification Working recommendations on regulatory
under part 139 to document their procedures Group to complete these tasks. This working requirements, including marking and
for complying with part 139, as well as with group comprised representatives from lighting, ARFF, and the handling of
the safety and operational requirements. To industry trade and union associations, hazardous substances and materials.
accommodate variations in airport layout, including Air Line Pilots Association Subsequently, in February 1997, both the
operations, air carrier service, and to address (ALPA), Aircraft Owners and Pilots majority and minority views of the working
other local considerations, the FAA proposed Association (AOPA), American Association group, and those of individual workgroup
that compliance procedures for the more of Airport Executives (AAAE), National Air members, were presented to the FAA.
burdensome requirements be tailored for each Transportation Association (NATA), National As noted in the NPRM, the FAA
airport operator. Association of State Aviation Officials considered these positions in this
(NASAO), and Regional Airline Association rulemaking. However, the decisions in this
Industry Participation (RAA). The FAA and Landrum and Brown, document are the FAA’s.
Through the Aviation Rulemaking an airport planning and engineering
Miles City Airport Commission (MT), Ocala Except for issues about public charters,
Discussion of Comments Regional Airport (FL), Port Authority of New commenters support the new structure of the
York and New Jersey, Rutland Region regulations. However, commenters were
The FAA received 929 comments on the Transportation Council (VT), evenly divided on their support or opposition
NPRM, of which 858 are similar letters from Sidney—Richland Airport (MT), Spencer to the proposed requirements for airports
individuals and organizations addressing Municipal Airport (IA), State of Alaska, State serving smaller air carrier operations. As
concerns about Centennial Airport in of Hawaii, State of Iowa, State of Michigan, anticipated, airport operators express concerns
Greenwood, CO (see discussion on public State of Montana, State of Maine, State of over the increased burden and cost impacts of
charters below). The remaining 72 New York, State of Vermont, State of West the proposed rule. They are particularly
commenters addressed part 139 and part 121 Virginia, Williamson County Regional concerned about the costs to comply with
issues. These commenters included— Airport (IL), and Yuma County Airport proposed ARFF requirements. Conversely, the
•Air carriers: Eagle Canyon Airlines Authority (AZ). firefighter and pilot labor organizations
d.b.a. Scenic Airlines, Era Aviation, and Representatives of employees: Air believe the proposal did not go far enough.
Champlain Enterprises d.b.a. U.S. Airways Line Pilots Association, The Aircraft Rescue Most operators of certificated airports did
Express. and Fire Fighting Working Group, not comment on the proposal. Of the 656
•Airport operators, including state and International Association of Fire Chiefs, currently certificated airports (both civilian
local governments: Augusta State Airport Coalition of Airline Pilots Association, and military airports), only 18 airport
(ME), Boone County Airport (AR), International Association of Fire Fighters, and operators sent comments. Most of these
Chautauqua County Airports Commission International Brotherhood of Teamsters. airport operators recommended changes to
(NY), Cheyenne Airport (WY), City of Associations: Aircraft Owners and the proposal. Of the 37 proposed Class III
Alamogordo (NM), City of Phoenix (AZ), Pilot Association, Airports Council airports (airports that are to be newly
City of Show Low (AZ), City and County of International-North America, American certificated), 14 airport operators sent
Twin Falls (ID), City of Yankton (SD), Clark Association of Airport Executives, National comments. Although all of these airport
County Department of Aviation (NV), Clinton Air Transportation Association, National operators recommend changes to the
County Airport (NY), County of Hill (MT), Association of State Aviation Officials, proposal, only one supports certifying
Dallas/Fort Worth Int’l Airport (TX), Dane National Business Aviation Association, proposed Class III airports.
County Regional Airport (WI), Dawson National Fire Protection Association, The final rule is adopted, as modified and
Community Airport (MT), Fort Northeast Chapter of American Association of detailed below. In adopting the final rule, the
Lauderdale—Hollywood Int’l Airport (FL), Airport Executives, Regional Airline FAA has tried to strike a balance and has
Hancock County’Bar Harbor Airport (ME), Association, and the Wyoming Airport made changes to the final rule in response to
Havre City— County Airport (MT), Garfield Operators Association. the comments. Comments specific to a
County (UT), Grant County Commissioners •The National Transportation Safety section are discussed below in the
(NM), Jamestown Airport Authority (ND), Board. section-bysection analysis, following the
Kingman Airport Authority (AZ), Lebanon U.S. Department of Agriculture. discussion of Public Charters and General
Municipal Airport (NH), Manchester Airport U.S. Department of Defense. Comments.
(NH), Mercer County Airport (WV), Individuals.
Metropolitan Airports Commission (MN),
Public Charters letters from individuals and organizations
General Comments addressing concerns about Centennial Airport
Comment: The FAA received 858 similar
in Greenwood (near Denver), CO. These FAA has made several changes in the final airports. This is intended to provide Class III
commenters state the NPRM does not rule that affect ARFF cost concerns and airports relief. The FAA recognizes that it
consider legislation amending 49 U.S.C. warrant a general discussion on the matter. would be too burdensome to require these
41104 (Air-21; Public Law 106–181). The To standardize ARFF at certificated airports to provide the same level of ARFF
legislation, in part, forbids air carriers, airports, the FAA proposed that all services required of airports serving large air
including indirect air carriers, from providing certificated airports serving both scheduled carrier operations.
regularly scheduled charter air transportation and unscheduled operations be required to The FAA also received the following
to or from uncertificated airports with aircraft comply with all ARFF requirements. general comments on the proposal:
designed for more than 9 passenger seats (49 However, the FAA agrees that requiring all Comment: A commenter, a Class I airport
U.S.C. 41104(b)). The apparent interest of airports to comply with all ARFF operator, states that its facility is already fully
these commenters, though not stated requirements may pose a substantial cost for compliant with the proposal and would
specifically in the form letter, but made clear airports that do not currently provide therefore not be affected by the NPRM.
by other comments, is to ban regularly minimum ARFF coverage or do so only to FAA Response: As mentioned in the NPRM
scheduled charter operations from serving cover an occasional unscheduled air carrier preamble’s ‘‘General Discussion of the
Centennial Airport, which is not now flight. This would include both currently Proposal’’ section, many airport operators will
certificated under part 139. certificated airports and airports that would need to do little to comply with revised part
FAA Response: The comments received be newly certificated (Class III airports). 139 requirements. However, some airport
address an issue that is beyond the scope of The FAA is directed by the authorizing operators will be required to revise their
this rulemaking and a matter not regulated by statute (Title 49, U.S.C. 44706) to issue certification manuals to comply with the
the FAA. Originally, Congress included an requirements for the certification and adopted changes to existing requirements.
amendment to Public Charter Operations (49 operation of airports. The statute requires the Other operators may be required to implement
U.S.C. 41104) in the Air21 legislation. FAA to establish minimum safety standards certain safety measures on a more frequent
However, Section 41104(b) is directed to the for certificated airports that provide for the basis if they serve small air carrier operations
air carriers’ economic authority, which is operation and maintenance of adequate safety that do not occur concurrently with large air
regulated and administered by the Office of equipment, including firefighting and rescue carrier aircraft operations.
the Secretary within the Department of equipment. The authorizing statute also allows Comment: Two commenters support the
Transportation (DOT). In response to the the FAA to exempt certain airport operators proposal. One commenter, the National
concerns raised by these commenters and from all or some of ARFF requirements Transportation Safety Board, states that the
others, Congress passed further legislation, (certificated airports that have less than promulgation of the proposal will ‘‘enhance
the Airport Security Improvement Act of 2000 one-quarter of one percent of the total number the level of safety at airports served by
(Public Law 106–528, 11/22/2000), in which of annual passenger boardings) and allows the commuter airlines.’’ The other commenter
technical amendments were made to this FAA to adopt regulatory alternatives for states that the inclusion of airports serving
section. The DOT has determined that no commuter airports (Class III airports) that are smaller air carrier operation in part 139 is a
implementing regulations are required as this ‘‘least costly, most cost-effective or the least ‘‘viable means to increase air travel safety.’’
is a stand-alone statutory requirement that burdensome’’ but provide comparable safety FAA Response: The FAA believes this rule
became effective December 22, 2000. at all certificated airports. will enhance safety in air transportation.
However, to ensure that air carriers— who The FAA has revised part 139 to better Comment: Five commenters oppose the
are governed by 14 CFR 121.590, Use of exercise its statutory authority to provide adoption of certification requirements for
Certificated Land Airports in the United appropriate exemptions from some or all airports serving scheduled operations of small
States—are aware of the statutory prescribed ARFF requirements and allow for air carrier aircraft. They state that such
requirements of 49 U.S.C. 41104(b), the FAA alternative means of compliance for certain requirements are unnecessary as these airports
has added an advisory note explaining those airports (Class III airports). While the FAA have a good safety record and their
provisions in the flush paragraph following believes that a single set of airport implementation would be prohibitively
the amendatory language of 14 CFR 121.590 certification standards promote the consistent expensive. One of these commenters states
and 14 CFR 139.5. For further questions on application of safety measures, the use of that the current part 139 is enough to ensure
public charter operations conducted under 14 statutory exemptions and alternative safety in air transportation.
CFR part 380, contact DOT, Office of compliance measures that are monitored FAA Response: The FAA disagrees that the
Aviation Analysis, at (202) 366–5903. closely by the FAA will ensure that ARFF proposed changes to part 139 are unnecessary.
requirements are appropriate for the airport The FAA has determined that the changes to
General Comments on Part 139 size and type of air carrier operations. part 139 are necessary to ensure safety in air
As noted in the above section, many of the As adopted, this rule requires all transportation at all covered airports. This was
comments received from airport operators certificated airports to provide some level of not based on the fact that some airports have a
express concern regarding the cost to comply ARFF service. Where appropriate, the FAA poor safety record (no category of airport has
with proposed ARFF requirements, will provide limited exemptions on a a poor safety record); rather the changes are
particularly at proposed Class III airports. case-by-case basis for airports with infrequent intended to provide, to the extent possible,
While specific comments on ARFF or smaller air carrier operations from some or safety in air transportation at all airports
requirements are addressed in the all prescribed ARFF requirements. In covered by the statute and part 139.
section-by-section discussion below, the addition, the alternative ARFF compliance
measures have been established for Class III
complying with the requirements, including operator may petition the FAA for an
The FAA believes that airports serving ARFF requirements. In tailoring an ACM, the exemption, as specified under the authorizing
small air carrier operations will not have FAA will consider with each airport operator statute. The FAA also has established
difficulty complying with most part 139 variations in airport layout and air carrier alternative compliance measures in the final
requirements. While airport operators that operations served. rule for Class III airports (see the
choose to be certificated under part 139 will In addition, the FAA will assist an airport section-by-section analysis of § 139.111,
be required to prepare a tailored Airport operator in obtaining Federal funds to be Exemptions and § 139.315, Aircraft rescue
Certification Manual (ACM) detailing how used to comply with part 139 requirements. and firefighting: Index determination).
they will comply with part 139 safety and If compliance with part 139 is still too Comment: Two commenters state that Title
operational requirements, these airport burdensome, particularly where the local V, Section 518, of the Wendell H. Ford
operators will be allowed flexibility in community resources are limited, the airport Aviation Investment and Reform Act for the
21st Century (Air-21; Public Law 106–181), permanent source of funding to help airport proposed Class III airports already comply
titled ‘‘Small Airport Certification,’’ appears operators in complying with the new with many part 139 requirements. The
to have resulted in this NPRM. However, requirements or exempt these airport standards used to comply with grant
other provisions of the act appear to operators from the more costly requirements, assurances are the standards used to comply
undermine the policy on air service to rural such as ARFF. with part 139. For those compliance items not
areas and the Essential Air Service (EAS) Several of these commenters state that eligible for Federal funding, the FAA will
program because rural communities lack federally mandated safety requirements work with the airport operator or consider
sufficient resources to comply with the should be fully funded. In the absence of such granting exemptions, as described earlier.
provisions of the proposed rule. funding, these commenters believe airport The FAA does not have the authority to
FAA Response: The FAA disagrees. operators should be granted exemptions if provide a permanent source of funding. This
Section 518 directs the FAA to issue an they can demonstrate an unreasonable cost, authority remains a matter for Congress.
NPRM to implement the section of the burden, or that the requirements are Although legislative changes that may
authorizing statute (49 U.S.C. 44706(a)(2)) impractical. One of these commenters also affect AIP and EAS funding have been
allowing the FAA to certificate certain suggests that AIP funds set aside for small proposed by Congress as of the date of this
airports serving small air carrier operations. airports be used by small airports to cover publication, Congress has already directed the
Section 518 does not specify safety costs associated with the proposal. FAA in Air-21, as discussed above, to set
requirements and standards that the FAA must FAA Response: The FAA partly agrees. In aside $15 million of AIP funds each year for 4
propose for the certification of these airports some instances, the cost to comply with fiscal years following the effective date of this
and does not conflict with those sections of certain part 139 requirements could be too rule to help airport operators meet the
Air-21 that set aside Federal funds for air burdensome for airport operators serving requirements of this rule (49 U.S.C.
service to rural communities. In fact, Air-21 small air carrier operations. In such cases, the 47116(e)). Congress also has increased EAS
requires Airport Improvement Program (AIP) FAA will work with the airport operator in funding, which may be used to offset the costs
funds to be set aside for costs related to the developing and tailoring an ACM to achieve incurred by small air carriers as the result of
certification of airports serving small air safety in air transportation at that airport. this rulemaking. Otherwise, the FAA has
carrier operations. As of the date of the Further, the FAA will assist the airport limited discretion in distributing Federal funds
publication of this final rule, the FAA is operator in obtaining Federal funds, as to airport operators under the authorizing
required to set aside $15 million of AIP funds appropriate. In addition, the FAA has the statute. Without legislation, the FAA is unable
for such costs each year for 4 fiscal years statutory authority to grant exemptions from to provide the permanent funding suggested
following the effective date of this rule (see part 139 requirements, including ARFF by the commenters.
Section 128 of Air 21). requirements, that would be too costly, Comment: A commenter, an operator of an
In meeting the requirements of Section 518, burdensome, or impractical and has airport likely to be a Class I airport under the
the FAA chose to certificate these airport established alternative compliance measures rule, states that initial costs to comply with the
operators in a manner similar to that used for for Class III airports (see the section-by- proposed rule will be eligible for AIP funds.
currently certificated airports. However, the section analysis of § 139.111, Exemptions and However, the commenter further notes that
FAA recognizes that in some instances the § 139.315, Aircraft rescue and firefighting: the long-term costs of compliance, such as
cost to comply with certain certification Index determination). maintenance and labor, will be the airport
requirements may be substantial for these Most airports that would be newly operator’s responsibility and may burden the
smaller airports. The FAA will work with certificated under this rule (Class III airports) local community. This commenter notes that
airport operators to establish compliance have accepted Federal funds and are required the certification of proposed Class III airports
appropriate for the size of airport and types of by grant assurances to comply with the FAA could be costly, but it will enhance the safety
operations served to ensure that they are the standards. As noted in the proposal (65 FR of aviation and airports in the Federal
least costly and burdensome, but still provide 38664), all airports that are likely to be Class transportation system.
safety in air transportation. III airports have received Federal funds for FAA Response: The FAA agrees.
Comment: Six commenters, including capital developments, safety equipment, and Comment: Many of the commenters that
operators of airports that are likely to be Class in certain circumstances, airport maintenance. oppose the proposal state that it will have a
III airports, state that existing airport revenue Between 1982 and 2002, operators of negative economic impact on air carrier
and operating income cannot cover the initial proposed Class III airports received $207 service at smaller airports.
and recurring costs associated with part 139. million in Federal funds.
These commenters request the FAA provide a With this infusion of Federal funds, most
certain airports. The authorizing statute ‘‘flexibility, creative means, and by
These commenters believe the implementation focuses on safety in air transportation, not facilitating compliance,’’ the FAA should
of the proposal will result in the loss of air economics. However, the authorizing statute retain a critical role in lessening the adverse
carrier service because the cost to comply is to does direct the FAA to prepare a report on the economic impact the proposal will impose on
too high to be absorbed by the local economic impact of this final rule on air certain airports. The commenter believes this
community and the airport’s tenant air carrier service. The FAA considered the can be achieved if the FAA is flexible in
carriers. This is particularly true of air carriers economic and operational cost data provided carrying out its authority to certificate airports
that receive subsidies through the Department by the commenters in preparing the regulatory and issues further policy and guidance
of Transportation’s EAS program. evaluation and the Report to Congress specifying compliance alternatives to help
Some of these commenters provided required by the authorizing statute. Both airport operators comply with part 139 in a
economic and operational cost data to documents are available in the regulatory cost-effective manner.
support their positions. docket. This commenter also states that several
FAA Response: The FAA recognizes that Comment: A commenter expresses part 139 compliance issues are a cause of
the regulations may have an adverse concerns over the economic impact that the contention for general aviation and that
economic effect on some airports. As proposal, if adopted, will have on general additional rulemakings and policy must be
previously stated, the FAA will assist the aviation. In particular, the commenter developed before a final rule is published. In
airport operator in developing ACM’s that expresses concern that added airport particular, the commenter requests
meet the intent of the rule and consider certification costs will be passed onto general compliance guidance for ARFF equipment,
unique and local airport issues, including aviation users, most of whom do not want or wildlife hazard management, and fueling
economic issues. need the extra services. requirements, as well as guidance on the
Congress authorized the FAA to certificate The commenter suggests that through exemption process, including alternatives
specified in the authorizing statute. is already a process in place for providing with certain part 139 ARFF requirements
FAA Response: The FAA disagrees. airport operators compliance guidance that would be too burdensome for some airport
Although all airport users share the benefits of includes advisory circulars (ACs) and operators serving small air carrier operations.
part 139 compliance, the cost of part 139 CertAlerts. In such instances, the FAA will use its
compliance is typically passed onto air Comment: A commenter, a proposed Class statutory authority to consider exemptions
carriers and their passengers. I airport operator, supports the proposed rule, from part 139 requirements, including ARFF
While part 139 is for the benefit of certain with the exception of ARFF requirements. requirements, that would be too costly,
air carrier operators, the cost to comply with The commenter believes the cost of providing burdensome, or impractical and has
part 139 ultimately results in the maintenance ARFF coverage is considerable and would established alternative compliance measures
and improvement of the airport that benefits result in termination of air carrier service for Class III airports (see the
all airport users. General aviation aircraft also should airport operators pass ARFF costs on section-by-section analysis of § 139.111,
use, at most airports, areas used by air carrier to tenant air carriers. The commenter Exemptions and § 139.315, Aircraft rescue
aircraft, such as runways, taxiways, and recommends that requirements for proposed and firefighting: Index determination).
ramps. Such areas are usually better Class III airports only focus on accident The FAA partly disagrees with the
maintained and equipped than similar areas at prevention, including more emphasis on recommendation to change part 139 to require
airports serving only general aviation aircraft. aircraft operating and communication additional aircraft operation and
General aviation aircraft operators also benefit procedures at nontowered airports. The communication procedures at nontowered
from emergency response services, daily commenter suggests that an additional airport airports. Such air traffic control and flight
safety inspections, and airport condition classification be created for nontowered communication procedures go beyond the
reporting provided at airports certificated airports that serve scheduled air carrier scope of part 139 and the proposal. However,
under part 139. The FAA believes general operations and requires enhanced aircraft the FAA has made changes to part 139 to
aviation aircraft operators will benefit from operating and communication procedures, require personnel at non-towered airports (or
the part 139 requirements. including the use of the Common Air Traffic during periods when an air traffic control
Airport operators that receive Federal funds Advisory (CTAF) frequency. tower is closed) to monitor CTAF when in
are prohibited under grant assurances from FAA Response: The FAA agrees in part. movement areas and safety areas (see
using revenue generated by the airport for Both the existing and proposed part 139 section-by-section analysis of § 139.319,
non-airport purposes. In addition, they may requirements place a greater emphasis on Aircraft rescue and firefighting: Operational
not divert such revenue to non-airport accident prevention than accident mitigation. requirements.
accounts, such as the general fund of the local As stated in the proposal at 65 FR 38664, Comment: A commenter notes that the
government that owns the airport. However, most part 139 requirements are intended to proposal states that AIP funds are available
the use of airport revenues generated from reduce the possibility of an accident by for capital costs associated with the
general aviation users to comply with part 139 providing a safe and standardized operating implementation of the proposed rule. The
requirements, such as ARFF response environment. While requiring airport commenter states that such funds are limited,
provided by off-airport sources, would not be operators serving small air carrier operations and many operating and maintenance costs are
a violation of the airport’s grant assurances. to comply only with accident prevention not AIP eligible. The commenter believes that
The FAA agrees that in some instances measures would be the least costly regulatory additional operating and maintenance costs
additional compliance guidance may be approach, the FAA believes that some level of associated with the proposal will be
useful, particularly for airport operators accident mitigation, including ARFF, still is burdensome to smaller airports and will result
seeking certification for the first time. necessary to enhance safety in air in these airports being poorly operated.
However, the FAA believes additional transportation at all covered airports.
rulemakings are not necessary because there The FAA agrees that the cost of complying
The FAA disagrees that the cost associated compliance will reduce many of the
FAA Response: The FAA partly agrees. with the implementation of this rule will lead uncertainties and miscommunications that can
The commenter is correct in asserting that to ‘‘poorly operated’’ airports. Instead, the cause accidents by ensuring airport facilities
AIP funds are limited. As discussed in the FAA believes that the implementation of the (i.e., pavement, lighting, markings, and signs)
proposal at 65 FR 38664, most operating and proposal will ensure the consistent application are available, consistent from airport to
maintenance costs associated with part 139 of safety measures. The FAA will work with airport, and properly maintained.
are not eligible for Federal funds. airport operators to tailor part 139 Comment: Several commenters
AIP funds may be used to purchase safety requirements to individual airports and will recommended that the FAA adopt the
equipment needed to comply with part 139 exercise its statutory authority to consider ARAC majority report rather than
requirements only under two situations. exemptions from part 139 requirements, if implement the proposal.
First, the equipment is required under appropriate. The exemption process is FAA Response: The FAA agrees in part. As
regulation, or second, the FAA has discussed in detail under the stated in the proposal at 65 FR 38638, the
determined that this equipment will section-by-section analysis of § 139.111. FAA did consider the ARAC majority report,
contribute significantly to the safety or Comment: A commenter recommends that including recommended rule language, as
security of persons or property at an airport the FAA study the benefit of building and discussed in the proposal’s Section-by-Section
(see the section-by-section analysis of § staffing an air traffic control tower at Analysis that follows. In many instances, the
139.109, Duration of certificate). proposed Class III airports. The commenter FAA used the majority’s recommended rule
In some instances, administrative costs believes this would be a more proactive language and supporting data. However, the
associated with preparing and documenting response to safety concerns than FAA did not adopt the entire majority report
operating procedures required under part 139 implementing the proposal. for several reasons. First, the majority report
may be AIP eligible if such efforts result in a FAA Response: The FAA disagrees. opposed regulating airports serving scheduled
capital improvement project. For example, the Installation of air traffic control towers will operations of small air carrier aircraft and in
cost to develop a wildlife hazard management not address many accident prevention many instances, recommended regulatory
plan may be eligible if the plan requires the measures. The potential for aircraft collisions language that would not ensure safety at all
installation of a fence or habitat modification. with ground obstructions (such as wildlife, covered airports. Second, the majority report
In addition, some maintenance costs construction, and maintenance equipment) recommended rule language that was intended
associated with pavement and lighting are and certain airspace obstructions can be for a separate rulemaking for small air carrier
AIP-eligible for airports that serve less than reduced if an airport operator complies with airports rather than changing existing part 139
10,000 annual enplanements. part 139 safety requirements. Further, requirements. However, this did not take into
account airports with mixed air carrier Procedures Concerning the Use of Airport with airplanes designed for at least 31
operations. Third, the FAA determined that Revenue (64 FR 7696) restrict the use of passenger seats or who conduct scheduled
the majority report based many of its airport revenue to airport purposes. passenger-carrying operations with airplanes
recommendations on incorrect assumptions Consequently, equipment acquired with designed for more than 9 passenger seats but
about existing part 139 requirements and airport revenue must be used primarily for less than 31 passenger seats to conduct those
incorrect cost data. airport purposes. operations at airports operated by the U.S.
Comment: A commenter recommends an Government only if those airports meet the
Section-by-Section Analysis
alternative approach to regulating airports equivalent requirements of part 139.
serving small air carriers if the FAA chooses Section 121.590 Use of Certificated Land Finally, provisions excepting certain air
not to adopt the ARAC majority position. This Airports in the United States carriers from operating into part 139
alternative would only require these airport certificated airports were added to conform
Proposal: The existing language of §
operators to coordinate an emergency to proposed changes to part
121.590 was modified to conform to the
response plan with local government agencies 139.
proposed changes made to part 139. The
and to acquire emergency response equipment Comment: A commenter questions why
existing requirements for air carriers operating
with AIP funds. Emergency equipment the proposal appears to require
aircraft designed for at least 31 passenger
purchased with AIP funds would be based supplemental operations in Alaska, using
seats were not changed.
with the appropriate emergency response airplanes with more than 9 passenger seats
Added to this section was the proposed
personnel. but less than 31 passenger seats to follow
requirement for air carriers who conduct
FAA Response: The FAA partly disagrees. the same requirements for operating into a
scheduled passenger-carrying operations with
The FAA believes that both risk reduction part 139 certificated airport that apply to
airplanes designed for more than 9 passenger
measures and accident mitigation measures, domestic or flag operations using the same
seats but less than 31 passenger seats to
including an emergency response plan, are type airplanes.
operate at part 139 airports in the United
necessary to ensure safety in air The commenter notes that 14 CFR
States, except in the state of Alaska. Also
transportation at airports covered by the 119.3 requires that operators who conduct
added to this section was the proposed
statute. on-demand operations under part 135, and
requirement restricting air carrier
The actual location and use of emergency who also use the same type airplanes in their
passenger-carrying operations to those
equipment purchased with AIP funds and domestic or flag operations under part 121,
airports with the appropriate part 139 airport
airport revenue is restricted by law. The FAA must instead operate these airplanes under
classification (Classes I–IV).
provides Federal funding for emergency the supplemental operations rules of part
In addition, the FAA proposed to require
equipment for airport use only. Title 49, 121.
that air carriers and commercial operators
U.S.C. 47133, and the FAA Policy and
who conduct passenger-carrying operations
compliance times needed for the development, defined in § 119.3, Certification: Air carriers
If the FAA intended supplemental submittal, and approval of ACM’s, including and commercial operators, of this subchapter;
operations in Alaska, using airplanes with revisions thereto, as well as a revision of the and through the use of the terms ‘‘domestic
more than 9 and less than 31 passenger statutory provisions of 49 U.S.C. 44706 and type operation,’’ ‘‘flag type operation,’’ and
seats, to be conducted at airports certificated 41104(b), by— ‘‘supplemental type operation’’ defined in
under part 139, it would unduly burden air (1) Changing the title to add ‘‘in the new paragraph (f) of this section; and
carriers and airport operators, as well as the United States’’; (6) Adding an advisory note
flying public. The commenter, therefore, (2) Reorganizing the provisions in describing the new economic statutory
recommends that paragraph (c) of the paragraphs (a), (b), and (c) and restating those provisions pertaining to the use of part 139
proposed section be changed to include provisions in new paragraphs (b) through (e); airports for regularly scheduled charter air
supplemental operations. (3) Revising paragraph (a) to— transportation flights, in the flush paragraph
FAA Response: The FAA agrees. The (i) Add the exemption provisions of following new paragraph (h).
unintended consequence of the proposal has 49 U.S.C. 44706(c) that allow the FAA to
been corrected in this final rule. The final rule exempt certain airport operators from part 139 Subpart A—General
makes it clear in the reorganization of the ARFF requirements,
Section 139.1 Applicability
requirements of the section and the definitions (ii) Clarify that no air carrier, and no
in new paragraph (f) that supplemental pilot used by an air carrier, may operate at a Proposal: The language of this section,
operations conducted with airplanes designed part 139 airport unless that airport is classified which prescribes rules for the certification
for fewer than 31 passenger seats (as under part 139 to serve the type of airplane to and operation of airports serving certain air
determined by the type certificate issued by a be operated and the type of operation to be carrier operations, was expanded, clarified,
competent civil aviation authority) are not conducted, and and reorganized into proposed new
required to be operated at a part 139 airport in paragraphs (a) and (b).
the United States. (iii) Add compliance dates after which Proposed paragraph (a) incorporated a new
Comment: A commenter recommends operations at part 139 airports will be group of airports that would require an AOC
adding a provision to this section that would prohibited if those airport operators have before serving certain air carrier operations.
prohibit the operation of all-cargo aircraft at not obtained a new or revised AOC. For Further, the FAA proposed to move language
or over 60,000 pounds maximum weight at Class I airports, the date is 12 months currently found in § 139.101(a)—which
airports that do not have adequate ARFF after the effective date of the rule. For specifies that part 139 is applicable to land
capability in place at the time of operations. Class II, III, and IV airports, the date is 18 airports in the United States, the District of
FAA Response: The FAA finds that the months after the effective date of the rule; Columbia, or any U.S. territory or
commenter’s recommended revision to this (4) Adding new paragraph (f) to possession—to proposed paragraph §
section cannot be adopted because it is outside define terms used in this section; 139.1(a).
the scope of the proposal. (5) Clarifying that air carriers who Proposed paragraph (b) listed the types
Section as Adopted: This section is adopted conduct certain operations are not required to of airports that would be exempt from part
with changes. The FAA is revising proposed § conduct those operations at part 139 airports 139, including U.S. Government-operated
121.590 based on comments received on § through the use of the terms ‘‘all cargo airports, certain Alaskan airports, and
121.590 and comments received on proposed operation,’’ ‘‘domestic operation,’’ ‘‘flag heliports.
§ 139.101, General requirements, on the operation,’’ and ‘‘supplemental operation’’ Comment: Several commenters are
unclear as to why Alaskan airports serving exemption under § 139.111. The FAA will aircraft might carry hazardous freight that
scheduled operations of small air carrier consider granting this relief if the airport would justify ARFF capabilities. One
aircraft have a statutory exemption from part operator can substantiate that compliance with commenter even suggests that this section be
139. Still others ask for the same exclusion part 139 would cause financial and amended to specify that ARFF requirements
for such airports in their States, noting that operational hardships. The airport operator be applicable to land airports that serve any
their States have financial and operational may also decide to decline certain air carrier cargo operation by aircraft with a maximum
hardships similar to those of the State of operations rather than comply with part 139. weight of 60,000 pounds or more.
Alaska. These commenters request that their Comment: A commenter requests that the FAA Response: The FAA disagrees. In 49
States be added to proposed paragraph (b), language in proposed paragraph (b) excluding U.S.C. 44706(a), Congress limits the FAA’s
which specifies airports in the State of certain airports in the State of Alaska be authority to grant AOCs to those airports
Alaska do not need an AOC if they serve air repeated in paragraph (a). Otherwise, the serving certain passenger air carrier
carrier operations that use aircraft designed commenter states, Alaskan airports serving a operations. Congress would have to amend
for more than 9 passenger seats but less than mixture of air carrier operations would also be this authority before the FAA could issue
31 passenger seats. required to comply with part 139 standards AOCs based on air cargo operations.
FAA Response: The FAA disagrees. during times when they only serve small air Although the FAA does not issue AOCs to
Congress created the statutory exemption carrier operations. cover air cargo operations, such operations
for Alaskan airports (49 FAA Response: The FAA concurs and has already benefit from part 139 safety measures.
U.S.C. 44706(a)(2)). In addition, to ensure the revised proposed paragraph (b) (new At approximately 343 certificated airports,
consistent application of safety and paragraph (c)) to clarify that part 139 is not required part 139 safety measures are
operational standards at airports serving air applicable to Alaskan airports during periods typically applied continuously as air carrier
carrier operations, the FAA has decided to of time when no large air carrier operations schedules vary so much that it is more
issue AOCs to all other airports, as permitted are being served. convenient and economical to comply with
under the authorizing statute. Comment: A number of commenters part 139 requirements at all times.
An airport operator can petition for relief recommend that part 139 be extended to cover
from part 139 requirements by requesting an air cargo operations. They state that air cargo
opposition to the FAA’s finding that airports this comment. The statutory authority for 14
Comment: In response to the FAA’s request operated by the U.S. Government, including CFR parts 119, 121, and 135 differs from the
for information on the certification of the Department of Defense (DOD), are not authorizing statute for airport certification.
heliports, a commenter recommends using the subject to part The authorizing statute for airport certification
National Fire Protection Association (NFPA) 139. These commenters believe that DOD specifies ‘‘design’’ rather than ‘‘seating
standards for heliports (NFPA 418, Standards standards for their airports differ capacity.’’ However, the change to ‘‘design’’
for Heliports) in conjunction with AC significantly from part 139 and that such from ‘‘seating capacity’’ was not done
150/5390–2, Heliport Design. Another facilities are not maintained in a manner consistently throughout the proposal. This has
commenter suggests the FAA consult with adequate for air carriers. At a minimum, been corrected.
other government offices to determine if these commenters recommend that the Comment: Another commenter notes that
passengers using heliports deserve the same revised regulation should include definitions references to the number of passenger seats
safety standards as passengers flying into an of ‘‘joint-use airport’’ and ‘‘shared-use specified in the authorizing statute differ from
airport certificated under part 139. airport’’ and clarify that the civilian the proposal’s preamble and the rule
FAA Response: While in general agreement operations of such airports would come language. Specifically, the discussion of Class
with these comments, the FAA has under the purview of part 139. III airports refers to airports serving aircraft
determined it is not in the public interest to FAA Response: The FAA partly with 10 to 30 seats rather than ‘‘more than 9
certificate heliports at this time. Heliports disagrees. Congress did not give the FAA passenger seats but less than 31 passenger
typically are used by general aviation the statutory authority to regulate airports seats’’ as specified in the statute.
operators and serve very few air carrier operated by U.S. Government agencies. FAA Response: While both descriptions of
operations (currently only one heliport is However, a new paragraph (b) has been the number of required passenger seats are
voluntarily certificated under part 139 added to this section to clarify that part 139 correct and have the same meaning, further
although it does not serve air carrier requirements apply to the civilian portions references to aircraft seats will use the
operations conducted in helicopters with more of a shared-use or joint-use airport that statutory language.
than 30 seats). Further, there are very few elects to obtain a part 139 certificate. Comment: A commenter requests that the
helicopters that can seat more than nine Consequently, proposed paragraph (b) has San Francisco International Airport be
passengers, and even fewer still are used for been redesignated as new paragraph (c). required to implement a nighttime curfew of
scheduled passenger operations. Since Further, the terms ‘‘joint-use airport’’ and aircraft operations between 10
Congress has not given the FAA the authority ‘‘shared-use airport’’ have been defined (see p.m. and 7 a.m. The commenter lives
to certificate facilities serving general aviation discussion comments for § 139.5, under a flight path used by aircraft
operations and the vast majority of operations Definitions, below). operators using this airport.
served by heliports are by general aviation Comment: A commenter disagrees with the FAA Response: The FAA does not concur
operators, certificating the few heliports that use of the phrase ‘‘aircraft designed for with this request. The mitigation of aircraft
serve air carrier operations would not seating capacity’’ in place of the phrase noise is beyond the scope of this rulemaking
significantly enhance safety. ‘‘aircraft seating capacity.’’ This commenter and the FAA’s authority to certificate airports.
However, the FAA will continue to argues that there are circumstances where Establishing a nighttime noise curfew is a
monitor the situation and encourage heliport aircraft may have been designed with a complex process that is initiated by the airport
operators to follow AC 150/ 5390–2 and seating capacity greater than the operator is operator under 14 CFR part 161, Notice and
NFPA 418 since the provisions of part 139 using without being required to amend the Approval of Airport Noise and Access
are designed for airports serving fixed-wing aircraft type certificate. The commenter also Restrictions.
aircraft and often do not transfer to heliports. notes that the proposal is inconsistent with Section adopted: This section is adopted
In addition, those heliport operators that have existing air carrier regulations (parts 119, 121, with changes. An editorial change was made
accepted Federal funds may be obligated to and 135) because these regulations typically to paragraphs (a) and
comply with AC 150/5390– 2 under their base operational and equipment requirements (b) so that the language of these
grant assurances. on aircraft seating capacity. paragraphs better conforms to the
Comment: Three commenters express FAA Response: The FAA disagrees with statutory language.
For the reasons discussed above, a new forth the FAA’s delegation authority for FAA proposed § 139.3(b)(3) be revised to read,
paragraph was added and changes were made employees to act on behalf of the FAA ‘‘Approve ACM’s and any amendments
to proposed paragraph (b). A new paragraph Administrator in the oversight of the thereto required under this part.’’
(b) was added to clarify the applicability of certification of airports. As proposed, the FAA Response: While the FAA does have
part 139 at airports where civilian and military Administrator’s delegation authority would the exclusive authority to approve
aircraft operations commingle. Consequently, not change, and the FAA’s Associate amendments to an ACM, this new section was
proposed paragraph (b) was redesignated as Administrator for Airports would be not intended to preempt procedures under
new paragraph (c), and a new element was authorized to act for the Administrator. proposed § 139.205, Amendment of airport
added to clarify that part 139 is not applicable Existing § 139.3, Definitions, was moved to certification manual, that permit either the
to Alaskan airports during periods of time proposed § 139.5, Definitions. certificate holder or the FAA to propose an
when no large air carrier operations are being Comment: Nine commenters oppose the amendment to an ACM. To avoid confusion,
served. With the addition of new paragraph provision of this section that sets forth the and possible conflicts with exemption
(c)(4), proposed paragraph (b)(4) regarding duties that the Administrator delegates to the procedures of § 139.111, proposed paragraph
heliports is now redesignated paragraph FAA regional offices, specifically the (b) has been deleted. However, this change
(c)(5). authority to amend an ACM. These does not affect the FAA Administrator’s
commenters interpret this provision to mean delegation to FAA employees in the oversight
Section 139.3 Delegation of Authority
that the FAA has the exclusive authority to of the certification of airports.
Proposal: This proposed new section sets amend an ACM and recommend that
FAA Response: The FAA disagrees. definition of air carrier in part 1 is used
Section as Adopted: This section is adopted Seating capacity of an air carrier aircraft within the context of part 139. Section 139.1
with changes for the reason discussed above. serving an airport is the criterion used to prescribes rules for the certification and
Paragraph (b) has been deleted and paragraph determine if an AOC is required. This is operation of airports serving scheduled and
(a) combined with the section’s first sentence specified by statute and will not be removed unscheduled air carrier operations conducted
to form a single paragraph. from part 139. In addition, seating capacity of in aircraft with a certain number of seats.
In addition, the reference to 49 U.S.C. air carrier aircraft is used to classify Section
44706 has been deleted from this section. certificated airports and to determine the 139.5 further defines what is a scheduled
Only the authority to deny and issue an AOC specific part 139 requirements for each type operation and an unscheduled operation.
is found in 49 U.S.C. 44706. The of airport classification. This should not be Since the regulation is read as a whole, only
Administrator’s authority to revoke an AOC confused with ARFF Index requirements that air carrier operations meeting both the
is found in 49 U.S.C. 44709. Rather than cite use the length of an air carrier aircraft to definition of part 1 and the criteria defined in
several sections of the authorizing statute, determine the type of ARFF equipment and part 139 would require an airport operator to
which may change as the statute is quantity of extinguishing agents that must be be certificated under part 139. Thus, air
periodically revised, this section has been used. transportation conducted in the aircraft
revised to refer generally to the The FAA acknowledges that an airport referenced by one commenter, a Cessna 172,
Administrator’s authority. operator could be serving small air carrier would not require an airport operator to have
aircraft (more than 9 passenger seats but less an AOC as it neither meets the part 139
Section 139.5 Definitions than 31 passenger seats) that are longer than criteria for seating capacity nor covered air
Proposal: This redesignated section 90 feet. In such cases, the airport operator carrier operations.
establishes terms, and their definitions, used would have to meet the ARFF Index Comment: A commenter notes that the
in part 139. Revisions proposed to this section appropriate to the size of aircraft served, definition of ‘‘movement area’’ does not
reflect proposed changes made throughout the regardless of the number of passenger seats. reference air traffic control (ATC). This
rule. As such, several existing definitions For example, an airport classified as a Class individual states that in the Pilot/ Controller
were modified or deleted and new definitions III airport could be required to meet Index B Glossary of the FAA’s Aeronautical
were proposed. if it serves scheduled air carrier operations Information Manual (AIM), the definition of
Comment: Five commenters note that the conducted in an air carrier aircraft that has 19 movement area states, ‘‘At those airports with
definition of ‘‘small air carrier aircraft’’ poses seats and is 110 feet in length. Further, part a tower, specific approval for entry onto the
a dilemma. These commenters state that the 139 does not limit the airport operator from movement area must be obtained from ATC.’’
degree of compliance with part 139 is based providing more ARFF coverage than required; The commenter recommends that this
on the number of passenger seats—except for e.g., the air carrier aircraft served requires language be added to the definition of
ARFF requirements, which are based on the Index A but the airport operator can provide movement area to be consistent with the
length of aircraft. Since there are many air Index C coverage. However, the airport definition contained in the AIM, as well as the
carrier aircraft that are less than 90 feet in operator must always provide, at a minimum, description of the non-movement area
length (ARFF Index A) with greater than 30 the ARFF Index specified in the ACM. boundary markings in AC 150/5340–1,
passenger seats, the commenters reason that Comment: Two commenters state that the Standards for Airport Markings.
the use of aircraft seats versus aircraft length definition of ‘‘air carrier’’ contained in 14 FAA Response: The FAA disagrees. The
would restrict a Class III airport from serving CFR part 1 is not compatible with part 139. part 139 definition of ‘‘movement area’’ is
aircraft that require an ARFF Index greater These commenters note that part 1 defines an intended to describe only the physical
than Index A. They believe it is unreasonable air carrier as a person who is engaged in air boundaries in which certain part 139
to deny an airport from serving the scheduled transportation, yet part 139 standards are requirements are applicable. Part 139 does
operations of any air carrier in the ARFF specific to passenger-carrying operations in not address air traffic control procedures.
Index if the airport operator has adequate aircraft with a certain number of seats. They Not all part 139 airports have air traffic
ARFF capability. are concerned that the use of the part 1 control towers, and at those part 139
To reconcile, these commenters definition could require an airport serving any airports with towers, there already exists
recommend that the definition of ‘‘small air type of passenger, mail, or cargo operations to processes for communicating air traffic
carrier aircraft’’ be changed to ‘‘aircraft less come under the purview of part 139. One control procedures to pilots and other
than 90 feet in length’’ and the definition of commenter even suggests that the part 1 airport users, such as contained in the AIM.
‘‘large air carrier aircraft’’ be changed to definition would require an airport serving a Comment: Several commenters request
‘‘aircraft 90 feet in length or longer.’’ In Cessna 172 engaged in air transportation to be that the terms ‘‘joint-use airport’’ and
addition, they suggest that all references to certificated under part 139. ‘‘shared-use airport’’ be defined because of
seating capacity in the regulation be deleted. FAA Response: The FAA disagrees. The applicability requirements at airports where
civilian and military aircraft operations as runways, taxiways, and ramps, are shared. air carrier aircraft’’ and ‘‘large air carrier
commingle. (See discussion comments for § These definitions were discussed in the aircraft’’ are now defined under the single
139.1, Applicability.) proposal’s preamble on 65 FR 38642. term ‘‘air carrier aircraft.’’ In addition, the
FAA Response: The FAA agrees. This Section as Adopted: This section is definition of ‘‘safety area’’ has been
section is revised to include the definitions of adopted with changes. For the reasons modified to clarify that the safety area may
joint-use airport and shared-use airport. discussed above, the terms ‘‘joint-use also be used by aircraft landing short of a
‘‘Joint-use airports’’ are defined as airports airport’’ and ‘‘shared-use airport’’ have runway and to correspond to the definition
owned by the United States, which lease a been added. of runway and taxiway safety areas
portion of these facilities to the local Several definitions have been modified contained in AC 150/5300– 13, Airport
government for civilian air carrier operations. for clarity. As there are many places in the Design. Also, the definition of ‘‘Index’’ has
‘‘Shared-use airports’’ are defined as co- regulation where the term ‘‘air carrier been reordered for clarity, and the definition
located U.S. and local government airports at aircraft’’ is used without reference to the of ‘‘heliport’’ has been moved as it was not
which portions of the movement areas, such number of passenger seats, the terms ‘‘small listed in the correct alphabetical order.
specified in the ACs. However, any (c) is revised to require only the submittal of
Further, modifications have been made to alternative must be authorized by the FAA an ACM for FAA approval.
the definitions of ‘‘scheduled operation’’ and must provide an equivalent level of Comment: Seven commenters request
and ‘‘unscheduled operation.’’ The term safety. additional time to submit an ACM. In
‘‘commercial operator’’ has been deleted Comment: An airport operator also requests particular, these commenters express concern
from both definitions as adopted changes to that the FAA reinsert references to specific that Class III airports would need more time
§ 121.590 regarding air carrier operations ACs throughout the regulation. This than proposed since these airports would be
into airports operated by the commenter believes that it is generally developing a manual for the first time, rather
U.S. Government make this phrase accepted that when referencing a document than amending an existing document. They
unnecessary. Also, the definition of within a regulation, the referenced document request that Class III airports be allowed 18
‘‘unscheduled operation’’ has been reordered becomes part of the regulation by virtue of its months to develop and submit their ACM’s.
for clarity and the term ‘‘feral’’ has been reference therein. Additionally, one commenter requests that the
added to the definition of ‘‘wildlife’’ to make FAA Response: This assumption is not FAA allow Class I airports 6 months (180
clear that the FAA considers animals that correct. References to ACs in part 139 are days), and another suggests 24 months (2
have escaped from domestication and become intended only to alert the certificate holder of years) for all airport classes.
wild a potential hazard to aircraft. the availability of a preapproved method for FAA Response: The FAA agrees that
In addition, an advisory note has been complying with the regulation. Their use is additional compliance time may be needed
added to the end of the section to alert airport not mandatory, but the Administrator must for all airport classes and has modified
operators that air carriers conducting certain approve any alternative means of paragraph (c). Class I airports will be
public charter operations have additional compliance. Further, listing specific AC allowed an additional 3 months, for a total of
statutory requirements to operate to and from numbers throughout the regulation has 6 months, to submit their revised ACM’s.
an airport certificated under part 139, as proven impractical. ACs are revised Class II and III airports will be allowed an
specified under 49 U.S.C. 41104(b). For periodically, and referring to them additional 4 months, for a total of 12 months.
further questions regarding public charter generically ensures the regulation remains Class IV airports also will be allowed an
operations, contact DOT, Office of Aviation current. additional 6 months, for a total of 12 months.
Analysis, at (202) 366–5903. Most ACs used to comply with part 139 In addition to this extended time period for
are available, free of charge, on the FAA compliance, all airport classes will have an
Section 139.7 Methods and Procedures for Web site at http://www.faa.gov/ arp/. additional 120 days to comply with the rule as
Compliance Proposed changes to these ACs also are implementation dates are based on the rule’s
Proposal: This relocated and retitled posted on this Web site, and comments on effective date. As specified by the authorizing
section specifies that a certificate holder must such proposals are encouraged. statute, this rule becomes effective 120 days
comply with the requirements of part 139 in a Section as Adopted: This section is after its submission to Congress. The FAA
manner acceptable to the Administrator. adopted as proposed. intends to submit the rule to Congress on the
Revisions to this section clarify that the same day it is published in the Federal
Subpart B—Certification
Administrator considers the methods and Register.
procedures contained in FAA ACs to be an Section 139.101 General Requirements Comment: Three commenters are
acceptable manner in which to comply with concerned that their limited airport staff
Proposal: This section required each
the requirements of part 139, but not the only would not have time to develop an ACM and
airport operator to adopt, and comply with,
way to comply. a consultant would have to be hired. One of
an ACM. The section title was shortened,
Comment: One commenter asks if the these commenters estimates that it would cost
current paragraphs (a) and
change to this section meant that no other $10,000 to have a manual professionally
(b) were combined into a new paragraph (a),
standards and procedures other than those developed.
and new paragraphs (b) and (c) were
contained in ACs would be acceptable to the FAA Response: The FAA is not requiring
proposed. Compliance dates for submitting an
Administrator. To clarify, the commenter an airport operator to use a consultant to
ACM were established, language no longer
suggests that the previous statement ‘‘or develop an ACM. The airport operator has the
applicable was deleted, and revisions were
other standards and procedures approved by discretion to develop its ACM in any manner
made to correspond to the new certification
the Administrator’’ be reinserted. it deems best. If an airport operator decides to
process.
FAA Response: The FAA disagrees. The develop its own manual, FAA resources are
Comment: A commenter recommends that
deletion of the statement ‘‘or other standards available to simplify this process. This
the language of § 139.101(c) be changed from
includes the FAA airport certification and
and procedures approved by the ‘‘approved and implemented’’ to ‘‘submitted
Administrator’’ was done to simplify this safety inspectors who are available via
to the FAA for approval.’’
section, and its absence should not be telephone or e-mail and guidance materials
FAA Response: The FAA agrees. Approval
interpreted to mean that only methods and pertaining to ACM’s, particularly AC
and implementation dates will vary depending
procedures contained in ACs are acceptable. 120/139.201–1, Airport Certification Manual
on when the airport operator submits an ACM
As stated on 65 FR 38643 of the NPRM, (ACM) and Airport Certification
for approval and when the FAA approves the
certificate holders may comply with part 139 Specifications (ACS), which will be updated
document. As such, proposed paragraph
requirements by means other than those and reissued to correspond to the issuance of
this rule.
adopted as proposed. airport that is no longer currently serving air
Section as Adopted: This section is adopted carrier operations.
Section 139.107 Issuance of Certificate
with changes for the reasons discussed above. Accordingly, the FAA has deleted
The language in proposed paragraph (c) is Proposal: This section revised standards proposed paragraph (b) and will work with
changed from ‘‘approved and implemented’’ that must be met before the FAA could issue airports not serving air carrier service on a
to ‘‘submitted to the FAA for approval.’’ In a certificate, including requirements for an case-by-case basis to determine the need for
addition, the time that certificate holders have ACM. A new provision was added that inspections. The FAA also will consider
to submit their manuals is extended. Class I requires applicants to provide written developing an ‘‘inactive’’ category for such
airports have 6 months from the effective date documentation that air carrier service would airports in its inspection policies, but will not
to submit their manuals. All other airport begin on a specific date. In addition, terms change the rule at this time.
classes have 12 months. that were no longer applicable were deleted, Comment: One commenter is
Several modifications also have been and the standard ‘‘public interest’’ was concerned about the impact the revocation
made to paragraph (c). The term ‘‘airports’’ revised to read ‘‘safety in air transportation’’ of a part 139 AOC would have on an
has been replaced with ‘‘persons’’ to clarify to reflect revisions to the authorizing statute. airport operator’s Federal funding.
that a person, not an airport, is the holder of Comments: No comments were FAA Response: Federal funding provided to
an AOC. Additionally, references to other received on this section. airport operators through the Airport
sections have been deleted. These references Section as Adopted: This section is Improvement Program (AIP) is not dependent
implied that there are alternative compliance adopted with an editorial clarification. The on a part 139 AOC. AIP funds are available to
dates for certain sections of an ACM. This is term ‘‘certificate holder’’ in paragraph (a) all airports that are identified in the FAA’s
incorrect. has been changed to ‘‘applicant’’ to clarify National Plan of Integrated Airport Systems
that this section applies to an applicant for a (NPIAS).
Section 139.103 Application for certificate, not a current certificate holder. The NPIAS identifies U.S. airports that are
Certificate important to national transportation and,
Section 139.109 Duration of Certificate
Proposal: This section revised therefore, eligible to receive grants under the
requirements to apply for an AOC. In Proposal: This section revised existing AIP. To be included in the NPIAS, an airport
addition, application requirements found language into new paragraph (a) and proposed must meet certain criteria. Such criteria do
elsewhere in the regulation were added, and a new paragraph (b) that modify existing not require an airport to be certificated under
terms that were no longer applicable were standards for the suspension or revocation of part 139. Most of the 3,344 airports identified
deleted. an AOC by stipulating that the Administrator in the NPIAS are not certificated under part
Comment: Several commenters request may revoke an AOC if air carrier operations 139. A copy of the NPIAS is available on the
clarification on whether they can continue to have not occurred for 24 consecutive months. FAA’s Web site at http://www.faa.gov/arp.
serve air carrier operations during the time This section also included language notifying Certain airports identified in the NPIAS
between the issuance of this rule and the the certificate holder that it can appeal an receive an annual apportionment of AIP funds
FAA approval of their ACM. order revoking its certificate. based on the number of passengers enplaned.
FAA Response: During this transition Comment: Four commenters oppose the These funds are known as entitlement funds
period, an airport operator that currently holds language stipulating that the Administrator and distributed to airports based solely on
an AOC will be permitted to serve air carrier may revoke an AOC. These commenters are passenger activity levels, not part 139
operations, as specified in its existing ACM or particularly concerned with the new provision certification. Funding and certification are
airport certification specifications. Similarly, that specifies that the duration of a certificate unrelated, although the loss of air carrier
an airport operator that will be a certificate is tied to air carrier service. They question service may result in an airport operator
holder for the first time and already is serving why an airport operator should lose its losing both its AIP funds and AOC.
air carrier operations on the date this rule operating certificate when not serving air Additionally, an airport’s certification
becomes effective can continue to serve such carrier operations if it continues to meet the status does not affect its priority in receiving
operations until the FAA approves its ACM. requirements of part 139. These commenters AIP funds. The FAA prioritizes the
Section as Adopted: This section is note that an AOC helps market an airport to distribution of AIP funds based on the type of
adopted as proposed. air carriers and protects the airport against project to be funded, not an airport’s
budget cutbacks imposed by the local certification status.
Section 139.105 Inspection Authority governing body. One of these commenters In some instances, the loss of a part 139
Proposal: This section incorporated suggests that an ‘‘inactive’’ category be AOC may affect certain AIP funding for
existing inspection authority provisions found established to allow an airport to go without safety equipment: AIP funds may be provided
in existing § 139.105, Inspection authority, air carrier service for five years before its for safety equipment purchases needed to
and § 139.301, Inspection authority. certificate is revoked. comply with part 139 requirements. As of the
Specifically, it stated that the Administrator FAA Response: While the FAA understands date of the publication of this final rule, safety
may make inspections and tests to determine that an AOC helps market an airport to air equipment is only eligible for AIP funding
compliance with airport certification carriers and protects the airport against budget under two situations. The equipment is
regulations. Revisions also were made to cutbacks imposed by the local governing required under regulation or the FAA has
update language referencing statutory body, the FAA issues AOCs under part 139 to determined that this equipment will contribute
authority and to delete terms that were no ensure safety in air transportation, not to significantly to the safety or security of
longer applicable. encourage air carrier service or for budgetary persons or property at an airport (49 U.S.C.
Comments: No comments were reasons. However, in response to comments, 47102(3)(B)(ii), as amended).
received on this section. the FAA has reconsidered its approach to
Section as Adopted: This section is inspecting an airport certificate holder at an
uninterrupted. At some point, this airport maintaining its facility to part 139 standards is
Comment: The FAA received one comment operator surrendered its AOC and then, in faulty as the discretion given FAA inspectors
from an airport operator on the cost of 1991, applied for another certificate. The cost allows for varying interpretations as to what is
surrendering a certificate and then later to do this was $125,000, excluding required. Thus, an airport operator may be
regaining it versus maintaining a certificate administrative expenses. This commenter found not in compliance although it has tried
notes that the concept of an airport simply to remain so while not certificated.
FAA Response: The FAA agrees that the Section as Adopted: This section is adopted alternate ARFF requirements that provide a
methods and procedures for complying with with changes. For the reasons discussed comparable level of safety (see discussion
certain part 139 requirements may change above, proposed paragraph (b) has been comments for § 139.315, Aircraft rescue and
during the time when an airport’s certificate is deleted. firefighting: Index determination). These
surrendered and then reinstated. Thus, an alternate ARFF requirements must be
Section 139.111 Exemptions
airport operator that continued to comply with approved by the FAA and include provisions
its certification manual during this timeframe Proposal: This section detailed the for prearranged emergency response services
may not meet part 139 requirements when procedures for a certificate holder to petition and that emergency responders are familiar
reapplying for an AOC. In such instances, for an exemption from the requirements of with air carrier schedules, airport layout, and
there may be a one-time cost to become part 139, including ARFF requirements. airfield communications. Such services may
certificated again that the airport operator Changes were proposed that would require a be those identified in the airport emergency
might otherwise have absorbed over a longer petition for relief from ARFF requirements to plan required under § 139.325, Airport
period if it had remained certificated. include additional information, as specified in emergency plan. There are no timed response,
To avoid such situations, an airport proposed § 139.321, ARFF: Exemptions. In equipment, or personnel requirements as were
operator should request that the local FAA addition, changes were proposed to update proposed in the now deleted § 139.321,
Airports Regional Office continue to provide references to 14 CFR part 11. ARFF: Exemptions.
it with airport information notices, including Comment: Four commenters state that the Comment: A commenter states that criteria
changes to the airport certification program. alternative emergency response services the FAA uses to determine if an airport
The FAA regional offices maintain a contact specified in proposed § 139.321 are as operator can petition for relief from ARFF
list of airport operators (often a combination stringent as the ARFF requirements that a requirements is outdated and ineffective. The
of part 139 certificate holders and petitioner would be seeking relief from. These commenter believes that allowing airports
noncertificate holders, recipients of AIP commenters request that the FAA provide with ‘‘less than one-quarter of 1 percent of the
funds, and those serving only general aviation total relief from an ARFF requirement if an total passengers enplaned at all air carrier
operations), State aviation agencies, and other airport operator can show that the requirement airports’’ to petition the FAA for relief from
interested parties. This list is used to distribute is unreasonably costly, burdensome, or ARFF requirements is too liberal. The
information about airport safety and impractical, as specified in the authorizing commenter notes that one-quarter of 1 percent
standards, the part 139 airport certification statute. of the total U.S. passenger enplanements has
program, and upcoming training events and to FAA Response: The FAA agrees. Proposed grown from 478,372 enplanements in 1972 to
request comments on proposed changes to § 139.321 has been deleted in its entirety in 1,588,505 enplanements in 1999.
regulations and standards. Many regions also the final rule, and all requirements for Instead, the commenter suggests that the
distribute informational newsletters, sponsor petitions for relief from all or some ARFF FAA base ARFF exemptions on the 1982
training events, and maintain Internet sites requirements are now contained in § amendment of the Airport and Airway
that provide airport operators up-to-date 139.111(b). As discussed in the General Improvement Act’s definition of ‘‘primary
information on airport certification issues. As Comments section above, a new paragraph (e) airports.’’ The commenter states that this law
resources permit, the FAA regional offices has been added to § 139.315 to provide an defined a primary airport as a commercial
may conduct occasional safety inspections of alternative means of compliance with ARFF service airport that is determined by the
noncertificated airports and make requirements for Class III airports. Secretary of Transportation to have .01
recommendations based on current part 139 Based on comments received, several percent or more of the total number of
standards. operators of Class II and III airports may be passengers enplaned annually at all
If an airport operator uses these resources petitioning the FAA for relief from all ARFF commercial service airports. Under this
to keep informed of changes to the part 139 requirements due to cost considerations. revised criterion, the commenter argues that
airport certification program, the cost should However, most of these airport operators did only airports with 63,540 enplanements or
be the same to comply voluntarily with part not provide the FAA sufficient supporting less could petition for relief from ARFF
139 as it would be to maintain an cost or operational data to justify their requirements.
uninterrupted AOC. position that compliance with ARFF FAA Response: The FAA disagrees. The
In addition, the FAA disagrees with the requirements would be too costly. To ensure authorizing statute specifies that the FAA
commenter’s assertion that FAA airport petitioners adequately justify that ARFF may consider exempting from ARFF
certification and safety inspectors are requirements are unreasonably costly, requirements an airport that enplanes
allowed to make varying interpretations of burdensome, or impractical, paragraph (b) has annually less than one-quarter of 1 percent
part 139. This is not the FAA policy. An been modified to detail the type of financial of the total number of passengers enplaned
airport operator should contact the local FAA information the FAA would need when at all air carrier airports. Congress would
Regional Airports Division Manager if an considering a request for exemption. have to amend this authority before the
FAA inspector’s interpretation of the The new paragraph added to § 139.315 FAA could limit ARFF exemptions to only
regulation seems incorrect or if it seems that provides an alternative means of compliance those airports categorized as primary
the airport operator is being held to a for Class III airports that would allow the airports.
different standard than other certificate certificate holder to either comply with Index
holders. A ARFF requirements or comply with
U.S.C. 47102 (11)). budgets to focus their resources on accident
In addition, the commenter’s revised Comment: Two commenters request prevention rather than accident mitigation.
criterion is based on an incorrect definition. guidance on the circumstances under which FAA Response: The FAA partially agrees.
The commenter suggests using the definition the FAA would grant an exemption to part The FAA has the authority to approve an
of ‘‘primary airport’’ found in the 1982 139 requirements. Without this guidance, the exemption request from any part 139
amendment of the Airport and Airway commenters believe it would be difficult for requirements and will consider any petition
Improvement Act. In 1994, Congress airport operators to determine whether serving for exemption from these requirements that is
amended and recodified the Airport and scheduled air carrier operations could be submitted in the manner outlined in the final
Airway Improvement Act. Under the current justified in light of the incremental cost of part rule, as adopted. However, varying airport
statute, a primary airport is defined as a 139 certification. One of these commenters operations, sizes, and local circumstances
commercial service airport the Secretary of recommends that the FAA develop criteria for make it difficult to generalize what
Transportation determines to have more than approving exemptions that would improve exemptions would be granted and it would be
10,000 passenger boardings each year (49 safety and also allow small airports with small difficult to provide in this final rule.
As stated in the proposal (65 FR 38664), FAA Response: The FAA disagrees. Instead appropriate any additional Federal funds.
the FAA considered requiring airport of alternative funding sources, the FAA can Section as Adopted: This section is adopted
operators that serve small air carrier use its exemption authority in instances where with changes. For the reasons discussed
operations to comply only with accident compliance with part 139 would be unduly above, proposed § 139.321 is deleted in its
prevention measures, or risk reduction burdensome. The authorizing statute requires entirety, and all references to § 139.321 in §
requirements, and not accident mitigation the FAA to consider regulatory alternatives 139.111 have been deleted. All requirements
requirements (such as ARFF and emergency for airports serving small air carrier operations for petitions for relief from ARFF
planning). While this approach to regulating that are the ‘‘least costly, most cost-effective, requirements are now contained in § 139.111,
these airports would promote a minimum or least burdensome’’ and will provide and this paragraph has been modified to
level of safety through consistent compliance ‘‘comparable safety’’ at all certificated require the petitioner to provide the FAA
with risk reduction requirements, experience airports. As noted earlier, the authorizing additional information.
has shown that not all airport owners and statute also provides exemption authority
Section 139.113 Deviations
operators would place enough emphasis on from ARFF requirements for certain airports.
preparing for emergency response without The FAA will use its general exemption Proposal: This section permits the
some FAA oversight. authority under 49 U.S.C. 44701 and its certificate holder to deviate from requirements
Since accident mitigation costs could have specific authority to grant limited exemptions of Subpart D—Operations of the regulation
a significant economic effect on airports from ARFF requirements under 49 U.S.C. during emergency conditions. A revision was
serving small air carrier aircraft, the FAA has 44706 to require safety measures at all proposed to allow the certificate holder more
added language to clarify how an airport airports serving small air carrier aircraft flexibility during emergencies requiring a
operator can apply for an exemption from all consistent with the requirements of 49 U.S.C. deviation from some part 139 requirements,
or some ARFF requirements that would be too 44706. including the flexibility to notify the FAA of
costly, burdensome, or impractical. Language After publication of the proposal, Congress deviations by telephone, or other means of
also has been added to allow alternative did direct the FAA to set aside a portion of electronic communications, rather than
compliance measures for Class III airports existing AIP funds to assist airport operators requiring an automatic written notification. In
(see the section-by-section analysis of § in meeting the terms of this rule (49 U.S.C. addition, the term ‘‘Airport Certification
139.111, Exemptions and § 139.315, Aircraft 47116(e)). As of the date of the publication of Manual’’ was added to clarify that the
rescue and firefighting: Index determination). this final rule, the FAA is required to set aside certificate holder may, when responding to an
Comment: A commenter states that the $15 million of AIP funds per year for 4 fiscal emergency, deviate from both its certification
FAA should not use its authority to grant years following the effective date of this rule. manual and any requirements of subpart D.
exemptions as a means of remedying Beyond that, the FAA has limited options for Comments: No comments were
funding shortages at smaller certificated developing new funding mechanisms. The received on this section.
airports. Instead, the commenter FAA executes statutes for the distribution of Section as Adopted: This section is
recommends that the FAA develop a new Federal funds to airport operators, as directed adopted as proposed.
funding mechanism. by Congress. Congress would have to
requirements from §§ 139.201, 139.203, (d) be limited to those in the 150 series that
Subpart C—Airport Certification 139.207, 139.209, 139.211, and 139.215 into pertain to airports.
Manual a single section. Requirements that an airport FAA Response: The FAA disagrees. The
subject to this part may not be operated AC pertaining to the development of an ACM
Section 139.201 General Requirements without an operating certificate, or in is not in the 150 series. Rather, it is in the 120
Proposal: This section was retitled and violation of its certificate, were combined, as series (AC 120/ 139.201–1, Airport
specified that each airport operator shall were the requirements for preparing and Certification Manual (ACM) and Airport
adopt, and comply with, an ACM in maintaining a manual. In addition, language Certification Specifications (ACS)). Further,
accordance with part 139. It further specified no longer applicable was deleted, revisions referencing specific AC series has proven
that the Administrator may authorize an were made to correspond to the new impractical. ACs are revised periodically, and
airport operator to serve air carrier operations certification process, and implementation referring to them generically ensures the
not otherwise permitted under the regulation. dates were established. regulation remains current.
This section consolidated existing Comment: Four commenters request that
the reference to ACs in paragraph
equipment used to comply with the required for the first time to develop an ACM.
Section as Adopted: This section is requirements of part 139, particularly subpart Comment: A commenter disagrees that
adopted with administrative changes. D. New manual contents were required for airports serving small air carrier aircraft
Minor grammatical edits have been made each airport class to correspond to the new would be permitted some flexibility in
to paragraph (b)(3). classifications of certificated airports and complying with requirements that the
changes to subpart D. commenter believes are more burdensome.
Section 139.203 Contents of Airport Class I airport certificate holders were This commenter argues that § 139.203 makes
Certification Manual required to include in their manual all no distinction between Class I, II, and III
Proposal: Under the proposal, existing elements that are currently required and airports as all three airport classifications must
standards of § 139.203 for maintaining an several new elements. Airport operators have the same certification manual contents.
ACM were incorporated into proposed § currently holding a Limited Airport Operating Likewise, the commenter states that nowhere
139.201, General requirements, as previously Certificate were required to convert their in the proposed regulation are Class III
discussed. The contents of existing § 139.205, existing airport certification specifications airports allowed to comply with requirements
Contents of airport certification manual, and § into an AOC and include several new differently than Class I and II airports.
139.213, Contents of airport certification elements. These airports were classified as FAA Response: The FAA disagrees.
specifications, were revised and became the either Class II or Class IV airports. Class II While § 139.203 does require Class III
new proposed § 139.203. This section airport operators were required to include airports to comply with the same subpart D
required all certificate holders to have an more elements in their manual than were sections as Class I and II airports, several of
ACM and to include in their certification operators of Class IV airports. In addition, these sections have different requirements
manual a description of procedures and airports that would be newly certificated for Class III airports. For example, Class III
under the proposal (Class III airports) were airports would not have to conduct an
emergency disaster drill every 3 years (§ As noted in the correction, Class IV airport For example, an object, such as a tree or
139.325(h)) and would not be required to operators would continue to address in their tower, may penetrate certain airspace and
have internally illuminated signs, except for ACM procedures for complying with several affect aircraft operations. To determine the
holding position and Instrument Landing subpart D requirements, including any impact on airspace of such objects, the FAA
System (ILS) critical area signs (§ proposed revisions to such requirements. The conducts an aeronautical study and makes
139.311(b)(3)). existing requirements are for personnel, recommendations that may require the owner
Comment: Two commenters object to the paved and unpaved surfaces, safety areas, to remove, mark, or light any object deemed
FAA proposing that Class IV airport operators marking, lighting, signs, and airport an obstruction. If this is not possible, visual
need not include in their manuals procedures conditions reporting. Additional manual and instrument approaches to runways near
for complying with certain subpart D elements were proposed that include the obstruction may be changed to help
requirements. To encourage standardization, procedures for complying with subpart D ensure aircraft stay clear of the object. This
one of these commenters recommends that all requirements for ARFF, the storage and ongoing process involves both certificated
certificated holders be required to include in handling of hazardous materials, wind and and non-certificated airports, and most
their ACM procedures for complying with all traffic indicators, and self-inspections. Such airports certificated under part 139 have
subpart D requirements. The other commenter changes are adopted as proposed. already removed, marked, or lighted any
suggests that Class IV airport operators at The proposal did not require Class IV obstruction to FAA standards.
least be required to address their manual airport operators to include in their manuals Comment: A commenter questions
procedures for complying with proposed § procedures for avoiding power interruption or whether differences between similar
139.313, Snow and ice control; § 139.323, failure, snow and ice control, control of elements of the table contained in § 139.203
Traffic and wind direction indicators; § ground vehicles, marking and lighting are intentional. Specifically, this commenter
139.331, Obstructions; § 139.335, Public obstructions, protection of NAVAIDS, public notes that § 139.203(b)(18) differs slightly
protection; and § 139.337, Wildlife hazard protection, wildlife hazard management, and from § 139.203(b)(19). Both element (18)
management. marking and lighting construction and and
FAA Response: The FAA partly agrees and unserviceable areas. (19) address storing and handling hazardous
has revised this section as discussed below. However, based on comments received, the materials but element (19) does not
However, commenters may have FAA reviewed manual content requirements reference a subpart D section as does
misunderstood what is required for a Class IV for Class IV airport operators. The FAA element (18). This is also the case for
ACM. This may be the result of errors agrees with commenters that it is necessary elements (20) and (21), which address
contained in the proposal. The proposal for safety and standardization purposes to traffic and wind direction indicators, and
incorrectly identified Class IV ACM require Class IV airport operators to include elements (23) and (24), which address
requirements and contradicted statements in in their manual procedures for the removal, self-inspections.
the preamble. These errors are in the chart on marking, or lighting of obstructions, as FAA Response: These differences were
page 38648 that compares current and specified in subpart D. To ensure all not intentional. Rather, language from a
proposed part 139 requirements and in the certificate holders monitor the status of previous version of part 139 was
chart contained in proposed § 139.203, obstructions, and take appropriate action when inadvertently left in § 139.203(b). As
Contents of airport certification manual, necessary, proposed § 139.203(b)(26) has discussed previously, a correction was
paragraph (b) on page 38674. A correction been revised to require all part 139 certificate issued on August 15, 2001 (66 FR 42807).
was issued on August 15, 2001 (66 FR holders remove, mark, or light obstructions
42807). within their control.
Comment: A commenter opposes the required to comply with these ARFF
Comment: A commenter, an operator of a requirement that Class III airports include in requirements, subject to the exemption
Class I airport, agrees with the proposed their ACM’s a description of how they will discussed above. Accordingly, no changes
requirement to include in the ACM a meet ARFF requirements of subpart D. The have been made to proposed §
description of personnel training and commenter is concerned that this requirement 139.203(b)(16), and all operators of
equipment and a system for maintaining will make air carrier service cost prohibitive, certificated airports are required to include
records. However, this commenter notes such particularly for airport operators in New York procedures in their ACM’s for complying
additional requirements would have an State. with ARFF requirements appropriate to the
economic impact. No cost data is provided to FAA Response: The FAA agrees that, in air carrier aircraft and operations served.
support the commenter’s position. some instances, the cost to comply with ARFF Comment: One commenter notes that the
FAA Response: The FAA agrees that requirements may be too costly for Class III table in § 139.203 indicates that Class IV
there will be costs associated with new airport operators, even if such costs are passed airports do not have to comply with certain
personnel and recordkeeping requirements. onto airport users. As discussed in the sections of subpart D, contradicting
While many Class I airports already comply section-by-section analysis of § 139.111, new language in these subpart D sections.
with these requirements and need only to procedures have been established for certain Specifically, the commenter is concerned
document their existing procedures, other airport operators to petition the FAA for relief that the language ‘‘each certificate holder
airport operators, particularly those newly from ARFF requirements that are shall’’ in specified subpart D sections means
certificated under the revised rule, may have unreasonably costly, burdensome, or that every certificate holder must comply
additional labor and training costs. Due to impractical. In addition, the FAA has even if § 139.203 states otherwise.
variances between airports, such costs will established alternative compliance measures FAA Response: The FAA disagrees.
differ from airport to airport, even among for Class III airports (see the section-by- Section 139.203 is tied to subpart D as it
airports within the same classification. section analysis of § 139.111, Exemptions and establishes what subpart D requirements a
Several other airport operators provided the § 139.315, Aircraft rescue and firefighting: certificate holder is required to address in
FAA with cost and operational data regarding Index determination). its ACM. If § 139.203 does not require
compliance with new personnel and However, the FAA does not agree that § compliance with a subpart D section, then
recordkeeping requirements (see 139.203 should be changed to exclude Class the certificate holder is not obligated to
section-by-section analysis of § 139.301, III airports from complying with ARFF comply with that section.
Records, and § 139.303, Personnel). The FAA requirements specified in subpart Comment: A commenter notes that the
has evaluated this data and made adjustments D. To standardize ARFF at certificated reference to § 139.319(l) in proposed §
to associated cost estimates, as appropriate airports, all certificated airports serving both 139.203(b)(6) is incorrect. The reference
(Chapter V of the Regulatory Evaluation). scheduled and unscheduled operations are should be to § 139.319(k).
FAA Response: The FAA agrees. Airport Certification Manual enforcement action due to noncompliance
Section 139.203(b)(6) was changed in the with part 139 requirements. The process to
Proposal: Under the proposal, the contents
correction issued on August 15, 2001 (66 amend an ACM would not be used in this
of existing § 139.205, Contents of airport
FR 42807). instance.
certification manual, were moved and
Section as Adopted: This section is adopted For various reasons, the FAA or the
consolidated into proposed § 139.203,
with changes. Section numbers referenced certificate holder may need to amend the
Contents of airport certification manual. In
throughout § 139.203 have been changed to ACM to ensure that the manual accurately
existing § 139.217, Amendment to airport
reflect the correction issued on August 15, reflects how the certificate holder is
certification manual or airport certification
2001 (66 FR 42807), and the renumbering of complying with part 139, to implement new
specifications, procedures and requirements
some subpart D sections. standards, or to address an emergency
for amending the ACM were redesignated as
For reasons discussed above, § situation. Such an amendment typically
proposed § 139.205 and retitled. This section
139.203(b)(23) has been revised to require addresses a few sections of the rule, and the
revised existing amendment procedures and
Class IV airport operators to include certificate holder’s overall compliance is
requirements to reflect changes made to the
procedures in their certification manuals for unaffected.
certification process and deleted language that
removal, marking, or lighting of obstructions. Either the FAA or a certificate holder can
was no longer applicable. In addition, this
In addition, a minor editorial change was propose an amendment to the ACM, as
section delegated to the Associate
made to paragraph (a), as well as changes to specified under proposed § 139.205.
Administrator for Airports the authority to act
paragraph (b)(13), to clarify that a certificate However, the FAA has the exclusive authority
on a petition for the Administrator. The
holder’s runway markings and holding to approve amendments to an ACM. This is
section also established a deadline for the
position markings must be indicated in the currently the case and would not change with
FAA to dispose of an amendment.
runway and taxiway identification plan. this rulemaking. In fact, this rule makes very
Comment: A commenter states that the
Further, the reference to proposed § 139.321 few changes to the amendment process,
FAA should not have the unilateral authority
in paragraph (b)(17) was changed to § except to clarify that the FAA will respond
to amend an ACM. This commenter argues
139.111, paragraphs (b)(22) and (28) were within a time certain as to the disposition of
that there are sufficient safeguards within
updated to reflect the title change to the an amendment it has initiated. The certificate
part 139 authorizing the FAA Administrator
referenced subpart D sections, and paragraph holder still may petition that the Associate
to revoke or suspend an AOC.
(b)(26) was changed to clarify that all wildlife Administrator for Airports, under §
FAA Response: The FAA disagrees. The
hazard management procedures are to be 139.205(d), reconsider an amendment
commenter is confusing the process to amend
included in the ACM, not just the wildlife initiated by the FAA.
an ACM with the process to revoke an AOC.
hazard management plan.
Revocation of an AOC is the result of an
Section 139.205 Amendment of
such records and suggests that air carriers be Section 139.303 Personnel
The Associate Administrator for Airports required to provide this data instead. Proposal: This section expanded on the
stays the effective date of the amendment, Another commenter suggests that FAA air existing requirement for all certificate
pending a decision. traffic control towers collect the data. All holders to have available sufficient qualified
Section as Adopted: This section is adopted agree that it would be difficult for airport personnel necessary to comply with the
with an administrative change. Language in operators to comply with this requirement. requirements of part
paragraph (b) has been changed to clarify that FAA Response: Due to changes made to
proposed § 139.105, Duration of certificate, 139. Changes were made to clarify the
the amendment process requires the certificate certificate holder’s responsibilities to train
holder to file an application for an amendment the FAA has deleted the requirement for
certain certificate holders to make and and equip personnel performing duties
in writing and submit it to the FAA Regional required under the proposed part
Airports Division Manager. maintain records of air carrier operations.
Instead, the FAA will request air carrier 139. Requirements also were proposed to
Subpart D—Operations operations data on a case-by-case basis from ensure a certificate holder provides its
those operators of airports at which the FAA personnel the necessary resources to properly
Section 139.301 Records perform these duties. Further, new training
is considering discontinuing inspections or
Proposal: Under the proposal, the contents requesting the operator surrender its AOC (see and recordkeeping requirements were
of existing § 139.301 dealing with inspection section-by-section analysis of § 139.105, proposed.
authority was moved and consolidated with § Inspection authority). Comment: A commenter states that it
139.105, Inspection authority, and this new Comment: One commenter states that the supports the ‘‘requirement for initial and
section on records was proposed. This new new recordkeeping requirements will create recurrent training of personnel, and
section required all certificate holders to additional costs for airport operators if the complementary training records.’’
maintain, and make available to FAA training required under proposed § 139.303, FAA Response: The FAA agrees.
inspectors, records to show compliance with Personnel, is more than ‘‘on-the-job’’ Comment: Five commenters state that the
part 139. Existing recordkeeping requirements training. revised section is unclear as to who should be
found throughout part 139 were combined FAA Response: The FAA agrees but does trained and what the training curriculum
with new recordkeeping requirements. This not envision the training required to be more should address. They recommend that the
section also required a certificate holder that than ‘‘on-the-job’’ training. This training is section be revised to clearly define what
serves less than 10,000 annual air carrier discussed in more detail in the following personnel must be trained, what topics the
operations to make and maintain records of section, § 139.303, Personnel. training should cover, and what the training
each scheduled or unscheduled operation of Section as Adopted: For the reason records should include. One of these
large air carrier aircraft and scheduled discussed above, this section is adopted with commenters suggests that the section be
operations of small air carrier aircraft that changes. Proposed paragraph (b) has been revised so that it only applies to personnel
occurred during the previous 2 years. replaced with a new paragraph that identifies responsible for part 139 compliance and not
Comment: Three commenters oppose the recordkeeping requirements found throughout general administrative personnel.
new requirement for a certificate holder that part 139 and the length of time these records FAA Response: The FAA agrees.
serves less than 10,000 annual air carrier must be maintained. Consequently, references Proposed paragraphs (c) and (d) have been
operations to make and maintain records of to other sections in paragraph revised and new paragraphs (e) and (f)
certain air carrier operations. One of these (c) have been deleted. added. These revisions clarify who must
commenters was unclear on the need to keep be trained, how frequently this training
must be provided, what subject areas part 139, such as training required for ARFF personnel assigned to part 139 duties after
training must cover, and what training and emergency medical personnel. the effective date of this rule. This
records must be kept. New paragraph (c) does not specify how requirement is not retroactive for personnel
In proposing new training requirements, it training must be conducted. This is intentional that currently perform part 139 duties, and
was not the FAA’s intent to extend this to allow the certificate holder some flexibility paragraph (d) has been revised to clarify that
requirement to administrative personnel. in complying with training requirements in a initial training records need only be
While such personnel may assist in the manner best suited for local circumstances. maintained for training given after the
maintenance of an ACM or records to show Thus, training could consist of on-thejob effective date of the rule.
compliance, they typically do not access training, formal classroom lectures, industry This paragraph also requires personnel
movement areas or perform duties that training meetings, or some combination performing part 139 duties to receive
directly affect the safety of air carrier thereof. recurrent training in the specified curriculum
operations, such as repairing runway lights or While this section does not require the at least once every 12 consecutive calendar
conducting inspections of movement areas. As certificate holder to test personnel to months. This requirement is applicable to all
such, new paragraph (c) is limited to determine comprehension of the required covered personnel but is not retroactive.
personnel that access movement areas and subject areas, the FAA recommends that the Beginning 1 year after the effective date of
safety areas to perform duties necessary to certificate holder establish some sort of testing this rule, the certificate holder must ensure
comply with the ACM and part 139. procedures to determine the effectiveness of that all covered personnel receive recurrent
As requested, new paragraph (c) also training. During inspections, FAA inspectors training.
specifies subject areas that required training may test covered personnel to determine if Such recurrent training need not be
must cover. These subject areas include training has been completed and the accomplished at one time and could be
airport familiarization, procedures for effectiveness of this training. staggered throughout the year. As long as
accessing and operating in movement areas Paragraph (c) still requires the certificate the five required subject areas are covered,
and safety areas, airfield communications, holder to ensure covered personnel are recurrent training could be as involved as
duties specified in the ACM and part 139, trained before the initial performance of part initial training or an informal discussion
and any additional training required under 139 duties. However, this applies only to between a supervisor and employee.
documenting the training would require the personnel requirements ensure that the airport
Comment: Four commenters oppose the certificate holder to hire additional personnel. operator provides qualified and sufficient
revision of existing personnel requirements, The training documents required under this number of personnel to comply with part 139
claiming they are unnecessary and overly section can be as simple or complex as the at all times, not just during FAA inspections.
burdensome. One of these commenters certificate holder desires. This section only Such requirements also ensure a more
notes that FAA annual inspections ensure requires training records to contain a consistent approach to training. This is
that airport operators have sufficient and description and date of training received for particularly important for personnel that may
qualified personnel. Thus there is no need each covered employee. not perform their duties on a regular basis,
for new recordkeeping and recurrent For instance, a handwritten or typed letter such as ARFF and emergency medical
training requirements. Two other containing this information for each covered personnel.
commenters state there is no benefit to employee that the certificate holder certifies Even personnel that perform their duties
conducting or documenting recurrent is accurate meets the requirements of this on a daily basis can benefit from recurrent
training for duties that are done frequently, section. In complying with similar training training. Such employees may become
if not daily. records for ARFF personnel, some complacent in their duties and recurrent
The remaining commenter states that its certificate holders have developed a generic training will help ensure that they continue to
two employees already know their duties; form to minimize the time it takes to record perform their duties, correctly and safely.
thus training would be unnecessary and ARFF and emergency medical training. A Recurrent training also provides the
would require the commenter to hire an copy of this form is made for each covered opportunity for employees to discuss any
administrative clerk, at $26,557 a year, to employee, and then specific information changes to part 139 and any revisions to
comply. about the individual is filled in as training standards or the ACM.
FAA Response: The FAA disagrees with occurs. Each subject area that must be Comment: Two commenters request that
the commenters that revisions to this section covered is listed on this form, next to which this section clearly state what the FAA
will be burdensome and will require the is a space to fill in the training date and the considers to be ‘‘sufficient and qualified
certificate holder to hire additional personnel. signature of the training instructor. This personnel.’’
Most certificate holders already comply with form is kept in a training notebook and is FAA Response: The FAA agrees.
this section and need only to document provided to the FAA inspector during Based on comments received, these
existing training procedures. periodic inspections to show compliance requirements have been clarified and
As discussed above, the FAA has made with part 139 training requirements. This restated.
several changes to this section to clarify low-cost approach to a recordkeeping This section, as adopted, requires the
training requirements. In particular, the system is an acceptable means of complying certificate holder to ensure such personnel
changes made to paragraph (d) to clarify that with recordkeeping requirements of this are trained in the subject areas specified in
training requirements are not retroactive section. paragraph (c) and to document this training
address the commenters’ concerns about the Additionally, the FAA disagrees with the as required under paragraph (d). The FAA
cost to train existing employees. Rather, commenter that annual FAA inspections will consider a certificate holder to have
within a year of the effective date of this rule, ensure compliance with part 139 without the qualified personnel if the certificate holder
these employees would need to receive annual need for onerous recordkeeping and has complied with these requirements. As
recurrent training that covers the five recurrent training program. This commenter previously stated, to determine if the
specified subject areas. As noted above, the argues that if an airport is found in certificate holder has qualified personnel to
FAA allows the certificate holder some compliance with part 139, then it is comply with its ACM and part 139, FAA
flexibility in conducting and scheduling this providing sufficient and qualified personnel. inspectors may test covered personnel.
training so that the certificate holder can While full compliance with part 139 during The FAA intentionally did not define the
comply with the requirements of this section a FAA inspection is certainly a good indicator term ‘‘sufficient.’’ It would be impractical to
in a manner best suited to its operations and that the certificate holder is complying with define the number of personnel each
budget needs. personnel requirements, such inspections certificate holder would need to comply with
The FAA also does not agree that typically occur once a year. Part 139 part 139 due to the variations between airport
size and layout, type of operations served, and recordkeeping system. They claim this is not that must be trained under existing §
the local governing body. If a certificate enough time for any size airport, particularly 139.329, the FAA estimates that these
holder is found to be in noncompliance with large airports with staff numbering in the airport operators would need only 8 hours to
part 139 and its ACM, the FAA will review hundreds, and recommend the FAA conduct update this system to incorporate new
the number and qualification of employees further analysis to develop a more reasonable training records required under this section.
used to comply with part 139. This review time estimate. No cost or operational data is Some of these airport operators have
may result in the FAA requiring the certificate provided to support these comments, nor did automated their recordkeeping systems,
holder to provide additional personnel. commenters provide an alternate time which create and store required records
Comment: Two commenters state that the estimate. electronically. These systems may take
FAA has underestimated the time a certificate FAA Response: The FAA disagrees. This longer than 8 hours to update, but this section
holder will need to set up a recordkeeping time estimate was based on the assumption does not require such automation. As noted
system for training records. They note that that current certificate holders have an above, a paper form that is reproduced and
FAA’s recordkeeping estimates for certificate established system for maintaining training completed for each covered employee is
holders to comply with this section— 4,848 records for ground vehicle operations, as sufficient, and recordkeeping time estimates
hours for initial recordkeeping hours and required under existing § 139.329 Ground are based on such a system.
13,909 hours annual recordkeeping—equates vehicles. Since the training requirements of
to 8 hours per airport to set up a this section apply to the same individuals
maintained to show that the third used by air carrier aircraft. All certificate
Recordkeeping time estimates for newly party is in compliance with part 139 holders were required to maintain unpaved
certificated airports also were determined to and the ACM. This would include areas, including loading aprons, parking areas,
be eight hours. Since a simple paper system any training required under part 139. taxiways, and runways, in a manner that
is acceptable for complying with the The certificate holder using a third adequately supports air carrier aircraft
recordkeeping requirements of this section party is still fully operations.
and these airport operators have small staffs, responsible for meeting part 139 Comment: No comments were
the FAA determined operators of such requirements. received.
airports would need no more than a day to Section 139.305 Paved Areas Section as Adopted: This section is
establish such a system. adopted as proposed.
Proposal: This section contained existing
The time needed to update recordkeeping requirements for maintaining paved areas Section 139.309 Safety Areas
systems may be further reduced by changes used by air carrier aircraft. All certificate
made to paragraph Proposal: This section contained existing
holders were required to maintain paved
(c) that limit training to personnel that enter requirements for the establishment and
areas, including loading aprons, parking areas,
movement areas. This change may reduce maintenance of a safety area for each runway
taxiways, and runways, in a manner that
the number of records that need to be and taxiway available for air carrier use.
adequately supports air carrier aircraft
maintained. Except for minor changes to paragraphs (a)
operations.
Section as Adopted: This section is adopted and (c), these requirements remained the same
The FAA proposed few changes to these
with changes. As discussed above, and were applicable to all part 139 airports.
requirements. The terms ‘‘full strength’’ and
Paragraph (a) was revised to require that
modifications have been made to paragraph ‘‘shoulder’’ were deleted from paragraph
(c). This paragraph now stipulates that certificate holders ensure runway safety
(a)(1) to eliminate confusion as to which areas
training required under this section is limited areas are maintained in accordance with
to apply the 3-inch abutting surface limitation.
to personnel that enter movement areas to the standards of this section, unless
Also, language stating specific series numbers
perform duties. Additionally, new language otherwise approved in the ACM. Further,
within the AC system was changed to a
has been added to specify the five subject paragraph (c) was revised to make a
general reference to the AC system.
areas that required training must include and general reference to the availability of the
Comment: One commenter recommends
to require recurrent training every 12 months. AC system.
the FAA expedite the rulemaking for
Several modifications were made to Comment: A commenter recommends
continuous friction measuring equipment.
paragraph (d) to clarify requirements for eliminating the clauses in paragraph (a) that
Specifically, the commenter suggests that
training records. Now, only records of training ‘‘grandfathers’’ nonstandard safety areas and
the FAA publish a supplemental notice of
given after the effective date of the rule need imposes a deadline for all part 139 certificated
proposed rulemaking so requirements for
to be maintained, and such records must be airports to have at least a 1,000-foot safety
friction measurements could be included in
kept for 24 consecutive calendar months. area at the end of each air carrier runway. The
this final rule.
In addition, two new paragraphs have been commenter also suggests that if land is not
FAA Response: The FAA disagrees. As
added. New paragraph (e) identifies other new available to achieve the 1,000-foot safety area
noted in the proposal (65 FR 38641), this
and proposed part 139 training requirements. at the end of the runway, the FAA should
rulemaking intentionally does not address
New paragraph (f) clarifies that a certificate require part 139 certificate holders to use
runway friction measurement (both winter
holder can use individuals other than its own alternate methods, such as arresting materials
and maintenance) as the ARAC is already
employees to comply with part or declared distances, to achieve a similar
considering this matter. Issuing a
139. Language from proposed § level of safety.
supplemental rulemaking would
139.323(d) that specified the FAA Response: The FAA disagrees. As
unnecessarily delay this rulemaking.
conditions that a certificate holder noted in the proposal (65 FR 38650),
Section as Adopted: This section is
must meet in order to use an compliance dates listed in paragraphs (a)(1)
adopted with one clarification. A sentence
independent organization or designee and (2) are part of a ‘‘grandfather’’ clause to
has been added to paragraph (a)(3)
to conduct fuel fire safety inspections allow existing safety areas that were adopted
clarifying that a pavement crack and
was moved to new § 139.303(f) and when part 139 was amended in 1987 (52 FR
surface variation must be immediately
revised so it is applicable to all 44276, November 18, 1987.) Before 1987,
repaired if it produces loose aggregate or
sections. A certificate holder that many airport operators invested resources to
other contaminants.
chooses to use a third party to comply develop safety areas before standards were
with a part 139 requirement is still Section 139.307 Unpaved Areas established. Further, physical limitations of
required to ensure that the third airports resulted in establishment of some
Proposal: This section contained existing
party’s duties and responsibilities are safety areas that did not meet the standard.
requirements for maintaining unpaved areas
included in the ACM and records are In developing the proposal, the FAA did
consider removing these grandfathering renovations meet current standards, including standards if necessary. Where terrain does
clauses but determined the most efficient those for runway safety areas. Since 1988, not permit a standard safety area, the FAA
means to ensure all safety areas at part 139 many safety areas at part 139 airports have will require alternative methods of
certificated airports meet current standards is been brought up to current standards through compliance, such as those recommended by
to continue to do so through AIP-funded this process. Due to the advanced age of the the commenter, to be developed on a
runway/taxiway renovation projects. Airport remaining runways and taxiways, similar case-by-case basis.
operators that accept AIP funds for runway renovation or replacement should occur in Section as Adopted: The section is
or taxiway renovations are obligated under the next few years, and associated safety adopted as proposed, except for some minor
grant assurances to ensure that such areas also should be brought up to current administrative language changes for clarity.
operators, particularly on operators of small discussed in the proposal (65 FR 38650).
Section 139.311 Marking, Signs, and airports. One of these commenters suggests In particular, ALPA is concerned that
Lighting that operators of small airports be allowed to retroreflective signs may not be visible to all
use retroreflective signs. The other air carrier pilots because of differences in
Proposal: This section contained existing commenter, an operator of a large Class I aircraft configurations and the location of taxi
requirements for runway and taxiway airport, notes that this requirement would lights. The association states that the basis for
markings, signs, and lighting. This section have a financial impact but does not provide this position is ‘‘the collective experience’’ of
was retitled, and several clarifications were financial or operational data. its 58,000 airline pilot members and requests
made to correspond to changes made to the FAA Response: The FAA agrees that that the FAA provide any information it has to
certification process (proposed § 139.203, there will be costs associated with the the contrary. ALPA also recommends the
Contents of airport certification manual) and requirement to internally illuminate all FAA conduct tests of retroreflective signs at
to separate marking, signs, and lighting required signs and has addressed these costs the FAA’s Technical Center in Atlantic City,
requirements into three distinct paragraphs. in the regulatory evaluation. Nonetheless, NJ.
A change was made to existing marking several factors will help mitigate such costs, FAA Response: The FAA disagrees. Other
requirements to clarify standards for taxiway particularly for operators of small airports. than ALPA’s comment, the FAA did not
edge markings. In addition, the word Operators of Class III airports will be receive any other comment that would support
‘‘runway’’ was deleted from the term required to internally illuminate only the claim that retroreflective signs are not
‘‘runway holding position markings’’ in this mandatory holding position signs, thereby visible to pilots of certain air carrier aircraft,
paragraph to permit special aircraft reducing the number of signs these small as requested in the proposal (65 FR 38650).
operations that require holding position airport operators must illuminate. Further, Nor did ALPA provide data collected from its
markings other than those located prior to the these airport operators can apply for Federal membership that identifies the aircraft type
runway. funds to purchase and install these signs. from which pilots have experienced problems
Sign requirements were relocated to a new While there is no guarantee that Federal funds seeing retroreflective signs or the airports at
paragraph (b) and revised to require Class I, will be available and airport operators must which these signs are located.
II, and IV airports operators to internally still provide matching funds, most current part The FAA has determined that
illuminate all required signs. Class III airports 139 certificate holders installed their current retroreflective signs provide a reasonable
were required to internally illuminate only sign systems using Federal funds. The FAA means for airport operators to install a sign
holding position and instrument landing anticipates this will be the same for operators that can be seen in most low-visibility
system (ILS) critical area signs. In addition, of airports who will be newly certificated conditions when an internally illuminated sign
language was added to provide for those under this rule. is impractical or cost prohibitive. Other than
instances where an airport has a runway Also, as discussed above, the FAA has ALPA’s claim that retroreflective signs are
without edge or in-pavement lighting and committed to work with airport operators to problematic, the FAA has received no other
thereby does not have a power source to develop alternative means of compliance, report of problems with these signs from the
internally illuminate signs. including the use of retroreflective signs, until industry or from aircraft operators.
References to 14 CFR part 77 concerning funding is available to purchase and install Accordingly, the FAA will allow Class III
obstructions were deleted, language required signs. In addition, Class III airports airports to use retroreflective signs to identify
pertaining to lowest minimums authorized have an additional 3 years after the effective taxiing routes.
for a runway was modified, and new date of this final rule to comply with sign Comment: In response to the FAA’s request
language was added to require the certificate requirements. As noted in the proposal (65 FR for comments on whether the installation of
holder to comply with this section in a 38651), this additional compliance time will unlighted retroreflective signs would provide
manner satisfactory to the FAA. In addition, allow time to develop a sign plan, order and an adequate sign system for Class III airports,
expired implementation dates were deleted take delivery of signs, and install signs. a Class III airport operator provided its
and a new compliance date was proposed for Operators of small airports that will be opinion on retroreflective markers used at its
Class III airports. classified as either Class I, II, or IV airports facility to mark the runway edge. This
Comment: One commenter expresses should already comply with the requirements commenter states that such retroreflective
support for revised language that may provide of this section. For the past 10 years, the FAA markers ‘‘do not provide adequate lighting for
relief for airport operators that have runways has been funding the installation of internally aircraft on approach to landing.’’ The
without a power source and are unable to illuminated sign systems at part 139 airports commenter notes that such markers are only
internally illuminate required signs. This that comply with the requirements of this effective for taxiing aircraft and cannot be
commenter commends the FAA’s pledge in section. Any changes that need to be made to seen from the air. This commenter concludes
the proposal (65 FR 38650) to work with such these systems as the result of this rule likewise that retroreflective markers are dangerous and
airport operators to develop alternative signs will be eligible for Federal funding. unsafe during low-visibility weather
until funding is available to install a power Comment: In response to a request for conditions and that only lighted runways with
source. The commenter states this approach is comments, one commenter states its lighted signs can assure maximum runway
practicable and should accommodate a variety opposition to the use of retroreflective signs at usage and improve safety.
of equally safe solutions, such as Class III airports because of concerns that FAA Response: While the FAA was not
retroreflective signs. retroreflective signs might not be visible to all seeking comments on the use of
FAA Response: The FAA agrees. air carrier pilots. This commenter, the Air retroreflective markers on runway edges,
Comment: Two commenters state the Line Pilots Association (ALPA), raised this the FAA disagrees with commenter’s
requirement to illuminate all mandatory signs issue as a member of the ARAC, and its conclusion that use of retroreflective
will have a financial impact on airport objection to retroreflective signs was markers creates an unsafe condition.
During certain visual conditions and are an acceptable means to mark the edge
aircraft operations, retroreflective markers of pavements.
remaining signs. The majority report which airports require snow and ice control
Further, the commenter incorrectly assumes recommended that no regulation change was plans. In addition, the standard for positioning
that retroreflective markers are intended to be needed to require distance remaining signs as snow off movement areas was modified by
seen from the air. Retroreflective markers are the vast majority of airport operators have deleting the term ‘‘full strength.’’ References
intended only to provide visual guidance to a already installed such signs on their air to airport condition reporting requirements
pilot operating an aircraft on the ground. carrier runways. In addition, ARAC also were updated to correspond to new
Lighting that provides visual decent guidance considered ALPA’s minority position that the section numbering, and references to specific
information to pilots during an approach to FAA should publish a notice of proposed ACs were replaced with a generic reference.
the runway is the only airport lighting rulemaking requiring distance remaining Comment: A commenter states that by
intended to been seen in the air. This lighting, signs. Both the majority and minority omitting the term ‘‘regularly’’ in paragraph
known as approach lighting, is never opinions are included in the recommendation (a) and replacing it with the language ‘‘as
retroreflective. forwarded to the FAA. determined by the Administrator,’’ the
The FAA determines the type of runway Comment: A commenter recommends that requirement for a snow and ice control plan
lighting, including approach lights, to be used the final rule require certificate holders to would be subject to interpretation absent any
based on runway takeoff and landing install precision approach path indicators specific guidelines.
minimums. Runway takeoff and landing (PAPI) at the end of each air carrier runway. FAA Response: The FAA disagrees. The
minimums are the horizontal and vertical A PAPI is a system of lights normally term ‘‘regularly’’ is not currently defined
visual distances the pilot must be able to see installed on the left side of the runway and is subject to interpretation. The new
during poor meteorological conditions in providing visual descent guidance information language allows greater flexibility for the
order to use the runway. The FAA considers to pilots during an approach to the runway. certificate holder and the FAA. As the plan
many factors in determining takeoff and The commenter believes this is necessary, as will be specific to each airport, there should
landing minimums, such as runway length and PAPIs are important visual aids that help be no ambiguity as to what each airport is
obstructions near the runway, and these ensure pilots make stabilized approaches. requested to do.
minimums will vary from runway to runway. FAA Response: The FAA disagrees that the Section as Adopted: This section is adopted
While § 139.311 does require the certificate final rule should include a requirement for with changes. An editorial change was made
holder to provide and maintain runway PAPIs. Requiring the installation of PAPIs to proposed paragraph (b)(5) to update a
lighting, the standard is determined goes beyond the scope of the proposal and section designation number and another was
independently of the part 139 airport would require a supplemental notice of made to proposed paragraph (b)(6) to delete
certification process. This is because the FAA proposed rulemaking. Further, the use of a the redundant language ‘‘procedures for snow
authorizes runway takeoff and landing PAPI is determined by the type of instrument and ice control.’’
minimums for all types of runways, including approach that the FAA has authorized for the
Section 139.315 Aircraft Rescue and
many located at airports that are not runway and may not be appropriate for all
Firefighting: Index Determination
certificated under part 139. In some instances, runways at part 139 airports.
the FAA may authorize minimums that would Section as Adopted: This section is adopted Proposal: This section contained existing
permit a part 139 certificate holder to use with minor changes. A clarification was made criteria for determining the certificate holder’s
retroreflective markers to denote the runway to § 139.311(a)(3). The word ‘‘taxiway’’ has level of ARFF coverage, or Index. The levels
edge. been inserted in front of the words ‘‘edge of ARFF coverage are divided into five
The FAA agrees with the commenter that markings’’ to clarify that the edge markings categories, or Indexes, that are used in other
lighted runways and signs improve safety, but required under paragraph (a)(3) are taxiway sections to prescribe minimum ARFF services
it will not require part 139 certificate holders edge markings. Runway edge markings are and equipment appropriate to the size of
to install runway lighting and markings other already addressed in paragraph (a)(1). aircraft served. This did not change in the
than those necessary for the authorized takeoff Additionally, paragraph (c)(4) was edited for proposal.
and landing minimums. clarity. While Index criteria remained the same, a
Comment: One commenter, ALPA, change was made to paragraph
Section 139.313 Snow and Ice Control
recommends the FAA expedite the (c) to clarify which Index is required when
rulemaking for distance remaining signs Proposal: This section contained existing the largest aircraft serving a certificated
(signs that are installed every 1,000 feet along requirements to develop and implement airport has less than the minimum number
the runway to advise pilots how much of the snow and ice control plans. These of daily aircraft departures. In addition,
runway remains). Specifically, ALPA requirements applied to those Class I, II, and language was added to emphasize that in
suggests that the FAA publish a supplemental III airports located in an area where snow all circumstances, the minimum ARFF
notice of proposed rulemaking so and icing conditions regularly occur. Index will be Index A.
requirements for distance remaining signs No changes were proposed to the existing Comment: Many of the comments received
could be included in this final rule. requirements that snow and ice plans include on this section express concerns that the
FAA Response: The FAA disagrees. As procedures for removal and control of snow proposal did not update ARFF standards.
noted in the proposal (65 FR 38641), this and ice accumulations, and that notification be Some of these commenters suggest a complete
rulemaking intentionally does not address provided to air carriers when movement areas revision of ARFF standards, while others
distance remaining signs. This matter was are unusable due to snow and ice. Minor recommend changes for specific standards,
referred to the ARAC. At its meeting on June changes were made to paragraph (a). The term including the criteria used for determining
21, 2001, the ARAC accepted the working ‘‘regularly’’ was deleted and new language Index.
group’s majority report on distance added to clarify that the FAA will determine
ARAC has created an ARFF Working Group will not be addressed as they are beyond the
FAA Response: The FAA agrees that some to review part 139 ARFF standards and to scope of the NPRM.
part 139 ARFF standards may need revisions. propose new regulatory language, as Comment: A commenter supports the
However, the proposal did not include any appropriate. Comments on this proposal that FAA’s decision to expand part 139
major revision of ARFF standards. The FAA address specific ARFF standards will be requirements to small commuter airports,
has asked ARAC to review this matter. The forwarded to this ARFF Working Group for noting that without part 139 certification,
consideration. Otherwise, these comments there is no incentive for these airports ‘‘to
meet the minimal lifesaving measures in part funds for Federal mandates or restrict the 139 is eligible for AIP funds. However, as of
139.’’ The commenter also states that it collection of taxes. Several commenters also the date of the publication of this final rule,
supports the upcoming ARAC review of part question the accuracy of the FAA’s cost the AIP authorizing statute does not allow
139 ARFF standards, particularly standards estimates. Federal funds to be used for ARFF labor and
for response times, staffing, and FAA Response: The FAA agrees that in training costs.
extinguishing agent amounts. some instances the costs to comply with even Comment: Four commenters express
FAA Response: The FAA agrees. minimum ARFF requirements may be concerns that the proposal did not address
Comment: A Class I airport operator states prohibitive at certain airports. As discussed ARFF coverage for cargo aircraft operations.
that all certificate holders should be required earlier, the FAA will consider requests for One of these commenters also states that
to meet at least Index A requirements, subject relief from ARFF requirements under 49 ARFF requirements should apply to
to limited exemptions. The commenter states U.S.C. 44706 in such instances where ‘‘wide-body aircraft’’ operations as well.
that airport operators should work with local compliance with such requirements would be FAA Response: The FAA partly
firefighting agencies to determine the most unreasonably costly, burdensome, or disagrees. As discussed in section-bysection
economical and efficient means of complying impractical and alternative compliance analysis of § 139.1, 49 U.S.C. 44706(a)
with ARFF requirements and include the measures have been established for Class III limits the FAA’s authority to grant AOCs to
resulting agreement in the airport’s airports (see the section-bysection analysis of those airports serving certain passenger air
emergency plan. The commenter also notes § 139.315, Aircraft rescue and firefighting: carrier operations. Congress would have to
that employees of smaller airports should be Index determination). amend this statutory authority before the
cross-trained in ARFF duties to minimize the The operational and cost data provided by FAA could issue AOCs based solely on air
financial impact. these commenters is addressed in the cargo operations and then, subsequently,
FAA Response: The FAA agrees. All regulatory evaluation. In reviewing this data, require ARFF coverage during such
certificated airports serving both scheduled the FAA noticed that several commenters operations.
and unscheduled operations are required to assumed that either they would have to However, the FAA already has the
comply with at least Index A ARFF provide certain ARFF services not required authority to certificate airports serving
requirements, subject to the limited or comply with ARFF requirements in a aircraft described as ‘‘wide-body charters’’
exemption discussed in the analysis of § manner that far exceeds what was proposed. (unscheduled air carrier operations in aircraft
139.111. In addition, alternative compliance These issues are addressed separately under with more than 30 seats). In the proposal,
measures have been established for Class III the appropriate section. certificate holders serving both scheduled
airports (see the section-by-section analysis The implementation of this rule will and unscheduled operations were required to
of § 139.315, Aircraft rescue and require the FAA to either issue new provide ARFF coverage appropriate to the
firefighting: Index determination). certificates or reissue existing certificates. size of aircraft served. This requirement has
Comment: Nine commenters oppose the During this certification process, the FAA been adopted without change.
requirement that all certificated airports will work with airport operators to determine Comment: Two commenters recommend
comply with at least minimum Index A the appropriate level of ARFF. Depending on that smaller airports be allowed to use
requirements. These commenters, Class II and the commenter’s existing emergency services alternative methods to provide ARFF
III airport operators and sponsors, state that and airport operations, there may be several coverage. One commenter suggests the FAA
complying with the requirements of proposed compliance options available that could be use the majority ARAC working group
§ 139.315, ARFF: Index determination, § tailored to the airport to significantly reduce recommendation to allow airports with a low
139.317, ARFF: Equipment and agents, and § costs. For example, existing airport personnel frequency of air service to coordinate an
139.319, ARFF: Operational requirements, could be crossed-trained to perform ARFF emergency plan with reasonable response
would pose a financial burden and duties, and Federal funds may be available to times with the local fire department. The other
detrimentally affect air carrier service at their purchase ARFF equipment. In the event that commenter recommends the FAA reach an
airports. Some of these commenters provide additional ARFF equipment and personnel agreement with the U.S. Department of
cost and operational data to support their are needed, the FAA will assist the airport Defense (DOD) to provide ARFF training or
position. Many state that without Federal operator in applying for Federal funds and expand the number of federally funded
funds to cover ARFF costs, they would provide guidance on acquiring ARFF regional ARFF training centers. This
consider not serving air carrier operations equipment, training events, and the commenter also recommends that the FAA
covered by part 139, while others request an availability of regional resources. This may permit ARFF services to be performed by a
exemption from ARFF requirements should include a local network of ARFF and other tenant air carrier, fixed base operator (FBO),
the FAA decide to adopt the proposal. firefighting personnel that provide guidance, or a private company. Additionally, both
Additionally, commenters state that airport training, and other support to smaller commenters suggest that smaller airports be
sponsors will not be able to provide funds airports. allowed to house ARFF equipment at a local
needed to comply with ARFF requirements, Some commenters also request Federal fire station and train firefighters at that station
particularly if required to hire additional funds to cover ARFF costs. As discussed in ARFF procedures.
personnel. A few of these commenters also previously, safety equipment (including
note that local laws limit the use of local ARFF equipment) that is required under part
emergency services may be those used to include personnel from a local fire station, an
FAA Response: The FAA agrees in part. comply with airport emergency plan airport tenant, a private company, or DOD
As adopted, the final rule allows Class III requirements under § 139.325, Airport facilities adjoining the airport. This did not
airports to either comply with Index A ARFF emergency plan. change in the proposal.
requirements or use alternative means to Commenters’ recommendations to use The proposal did not limit a certificate
comply with ARFF requirements that provide non-airport personnel to perform ARFF duties holder’s ability to make arrangements with the
a comparable level of safety, as approved by are already acceptable under existing FAA local fire station to store equipment and
the Administrator. Such alternate means must policy. Part 139 does not require a certificate provide all or part of required ARFF
be included in the FAA-approved ACM and, holder to use only professional firefighters. coverage. The FAA allows ARFF equipment
at a minimum, address four specific The certificate holder has the discretion to use to be housed at the local fire station as long as
operational items, including type of whomever it deems appropriate to meet ARFF the equipment purchased with Federal funds is
equipment to be provided and airport personnel requirements so long as such used in compliance with grant assurances and
familiarization training for emergency individuals are trained in the subject areas such an arrangement allows the certificate
service providers. Alternative rescue and specified in § 139.319. These personnel could holder to comply with part 139 vehicle
readiness and response time requirements. standards for ARFF equipment and Safety Recommendation A97–107 following
This also is the case for firefighters based at fire-extinguishing agents. Several an aircraft accident in Quincy, IL, on
the local fire station if they are trained and modifications were made to these standards. November 19, 1996 (see 65 FR 38652 for a
equipped in accordance with § 139.319. Many The term ‘‘clean agent’’ was added to summary of this accident). This safety
certificated airports already have made such describe a new category of fire recommendation asked the FAA ‘‘to develop
arrangements with their local fire extinguishing agents that replace halon ways to fund airports that are served by
departments, and the FAA encourages an 1211. The phrase ‘‘unless otherwise scheduled passenger operations on aircraft
airport operator that is proposing an alternate authorized by the Administrator’’ was added having 10 or more passenger seats and require
means of compliance under § 139.315(e) or to provide relief to airports waiting for these airports to ensure that ARFF units with
petitioning for relief from ARFF requirements Federal funds to purchase adequate trained personnel are available during
under § 139.111 to consider such equipment or to address other local commuter flight operations and are capable of
arrangements in its petition. circumstances that may require temporary timely response.’’ The NTSB further states
The FAA also makes use of DOD staff and use of alternative equipment or that this proposal is an acceptable approach to
resources wherever possible, particularly at extinguishing agents. addressing this safety recommendation and
joint-use and shared-use airports, and In addition, standards for extinguishing that it supports the proposed revisions that
routinely coordinates with DOD on ARFF agent substitutions were removed, leaving require airport operators to provide ARFF
research projects. Further, the FAA only the requirement that the FAA must coverage during scheduled operations of air
encourages certificate holders to use authorize the use of alternate extinguishing carrier aircraft with 10 or more seats. The
federally funded regional ARFF training agents. Likewise, language was deleted that NTSB also affirms its position that commuter
facilities. However, the FAA does not provided relief to certain airport certificate airline passengers are entitled to one level of
foresee funding the construction of more of holders whose ARFF vehicles were unable to safety.
these training facilities, as existing facilities comply with the standards required when the FAA Response: The FAA agrees. However,
are not being used to their full capacity. regulation was amended in 1987. comments received from operators of small
Comment: One commenter recommends All certificate holders were required to airports indicate that they are unable to
that certificate holders use military surplus comply with this section. A 2-year comply with part 139 in the same manner as
ARFF vehicles to help offset ARFF costs. compliance date was proposed for those large airports. The limited number of annual
FAA Response: The FAA agrees. For airport operators required for the first time to enplanements received by these facilities
many years, airport operators have been comply with § 139.317 (proposed Class II, III, makes it difficult for them to collect enough
acquiring Federal surplus equipment through and IV airports). revenue to allow them to comply with full
the surplus property programs of the U.S. Comment: Many of the comments on this Index A ARFF requirements. This is
General Services Administration and the section recommend changes to specific particularly the case at airports with fewer
DOD. standards, including the number of required than 10,000 annual enplanements.
Section as Adopted: The section is adopted ARFF vehicles, equipment carried on these As discussed earlier, the FAA plans to use
with changes. As discussed above, a new vehicles, and the type and quantity of its exemption authority in instances where
paragraph (e) has been added to allow extinguishing agent. compliance with part 139 would be unduly
certificate holders of a Class III Airport FAA Response: As discussed above, the burdensome, costly, or impractical.
Operating Certificate to alternate means to NPRM did not propose any major revision of Additionally, the FAA will use its specific
comply with ARFF requirements. The new ARFF standards, and the ARAC has since authority to grant limited exemptions from
paragraph specifies that such alternate means accepted the task to review part 139 ARFF ARFF requirements under 49 U.S.C. 44706 to
must be included in the FAA-approved ACM standards. Comments received that address require safety measures at all airports serving
and address four specific operational items, specific ARFF standards in this section will small air carrier aircraft. Any airport operator
including type of rescue and firefighting be forwarded to the ARAC for consideration. that petitions for relief from ARFF
equipment to be provided. Otherwise, these comments will not be requirements must provide certain evidence
addressed as they are beyond the scope of the that such requirements are unreasonably
Section 139.317 Aircraft Rescue and
NPRM. costly, burdensome, or impractical.
Firefighting: Equipment and Agents
Comment: The National Transportation
Proposal: This section contained existing Safety Board (NTSB) comments that it issued
foam production still must be 6,000 gallons extension of the deadline, ranging from an
Regarding alternative funding sources, for Index E vehicles. additional 1 to 3 years, for Class II, III, and IV
Congress recently directed the FAA to set Comment: A commenter recommends airport operators to comply with this section.
aside a portion of existing AIP funds to assist eliminating the ‘‘grandfather’’ provisions for These commenters all state that airport
airport operators in complying with the ARFF vehicles and to establish a date certain operators need more time to acquire funding,
requirements of this rule (see 49 U.S.C. by which all ARFF vehicles used by and several noted that local government
47116(e)). Beyond that, the FAA has very certificate holders must meet the budget processes would not allow these
limited options for developing new funding requirements of this section. airport operators to secure the necessary funds
mechanisms, and Congress would have to FAA Response: The FAA agrees and had within the proposed 2-year deadline.
appropriate any additional Federal funds. intended to delete paragraph (f) in the FAA Response: The FAA agrees that
Comment: Three commenters state that the proposal. A correction was issued on additional compliance time is warranted and
quantity of water required to be carried for August 21, 2000 (65 FR 50669). has amended paragraph (k) to allow Class II,
foam production by Index E vehicles under § Proposed paragraph (g)(3) also contains a III, and IV airport operators an additional year
139.317(e)(2) was the same as the quantity of ‘‘grandfather’’ provision for ARFF vehicles. to comply. These airport operators now have 3
water required for Index D vehicles under § This paragraph has been deleted to be years from the effective date of this rule to
139.317(d)(2). They note the current consistent with the removal of paragraph (f). comply with this section or request an
regulation requires more water for Index E Consequently, as of the effective date of this exemption under § 139.111. The FAA has
vehicles than Index D and asked if this change rule, most certificate holders are required to determined that 3 years is a reasonable period
was a typographical error. use ARFF vehicles that comply with the for most airport operators to apply for and
FAA Response: The proposed change to § requirements of this section. Class II, III, and receive Federal funds and acquire local funds.
139.317(e)(2) was an error. No change was IV airport operators will have additional time On a case-by-case basis, the FAA may
intended, and this paragraph has been to comply. consider granting additional time to those
corrected. The total quantity of water for Comment: Four commenters recommend an airport operators experiencing budgetary or
procurement problems. than extraordinary circumstances. For Proposal: This section contained existing
Comment: A commenter notes that the example, a certificate holder may petition for standards for the training of ARFF personnel;
proposal states that the FAA will consider a relief if it cannot comply with certain ARFF vehicle marking, lighting, and
time extension for airport operators unable to compliance dates because the ARFF vehicle readiness; and emergency access roads. This
meet compliance dates proposed in §§ manufacturer has delayed the delivery of a section also established criteria for a
139.317(l) and 139.319(m) but does not required vehicle for reasons beyond the certificate holder for adjusting ARFF
provide criteria by which it would evaluate control of the airport operator. Because every coverage to correspond to changes in air
such requests. This commenter states that, in petition will be different due to varying carrier operations.
contrast, proposed § 139.321 establishes airport size, operations, and organization, the Changes were proposed to clarify training
criteria that airports must satisfy before the FAA will consider each request for a time requirements for rescue and firefighting
FAA would consider an exemption from some extension on its merits. personnel and emergency medical personnel,
or all of ARFF equipment, extinguishing Section as Adopted: This section is adopted including requirements for training records. In
agent, and operational requirements. The with changes. As noted in the August 21, addition, all references to specific series
commenter requests that the FAA make 2000, correction (65 FR 50669), the deletion numbers within the AC system were deleted,
‘‘clear in the final rule that it will not grant of proposed paragraph (f) resulted in the and changes were made to reflect changes in
any extensions of time to the compliance re-designation of § 139.317(g) through (l) as terminology used to describe
dates, except in extraordinary circumstances paragraphs (f) through (k). fire-extinguishing agents. Several changes
that satisfy strict criteria that the FAA sets For the reasons discussed above, the also were proposed to require the certificate
forth in the final rule.’’ quantity of required water in paragraph holder to equip ARFF vehicles with guidance
FAA Response: The FAA partly agrees. (e)(2) has been corrected to read 6,000 material for responding to hazardous
Statements made in the proposal regarding gallons, and paragraph (f)(3) has been materials/ dangerous goods incidents.
time extensions for airport operators unable to deleted. Paragraph (k) also has been It was proposed that all certificate holders
meet ARFF compliance dates (65 FR 38653 modified to allow Class II, III, and IV be required to comply with this section. A
and 65 FR 38654) should have stated that the airport operators an additional year to 2-year compliance date was proposed for
FAA would consider granting time extensions comply with the requirements of this those airports required to comply with this
to those airport operators that petitioned for section. section for the first time (proposed Class II,
such relief as required under § 139.111. The In addition, paragraph (j) has been III, and IV airports).
FAA will consider granting exemptions based changed. The phrase ‘‘in the 150 series’’ has Comment: Many of the comments received
on criteria established in this section. been deleted and the word ‘‘standards’’ on this section recommend changes to
As discussed earlier, most of the ‘‘strict replaced by the word ‘‘methods.’’ As specific standards, including training
criteria’’ of proposed § 139.321 that the discussed in the proposal (65 FR 38643), requirements for ARFF and medical
commenter referenced has been deleted from similar changes were made throughout the personnel, response times, and vehicle
the rule. All requirements for petitions for rule to language referencing advisory readiness. Some of these commenters also
relief from ARFF requirements, including circulars and should have been made to this recommend that these standards be
compliance deadlines, are now contained in § paragraph as well. reconciled with other Federal and industry
139.111. firefighting standards.
Section 139.319 Aircraft Rescue and
The FAA may consider granting time
Firefighting: Operational Requirements
extensions for compliance in situations other
to meet ARFF response requirements, this holder can petition the FAA for relief, as
FAA Response: As discussed previously, commenter believes that the annual cost for specified under § 139.111. In addition,
the NPRM did not propose any major initial compliance with ARFF equipment and holders of Class III Airport Operating
revisions of ARFF standards and the ARAC training could be less than $20,000, excluding Certificate may propose under § 139.315(e)
has since accepted the task to review part 139 the staffing costs, and half this amount an alternative means of compliance with
ARFF standards. Comments received that annually thereafter. ARFF requirements that may better address
address specific ARFF standards in this FAA Response: The FAA agrees in part. local laws and ordinances.
section will be forwarded to the ARAC for This section does not require an airport Comment: Several commenters note that
consideration. Otherwise, these comments operator to use only professional firefighters the FAA and the U.S. Occupational Safety
will not be addressed as they are beyond the or limit the duties of personnel used to comply and Health Administration (OSHA) have
scope of the NPRM. with this section. This section only requires different standards for the number of
Comment: Two commenters state that cross certificate holders to use personnel to perform personnel required for ARFF. Specifically,
training of airport personnel could reduce the rescue and firefighting duties that have been commenters questioned the applicability of
cost of complying with ARFF requirements. trained in the subject areas specified in the ‘‘two-in/two-out’’ policy contained in the
One of these commenters notes that if an paragraph (i). Accordingly, the certificate Respiratory Protection Standard (29 CFR
airport operator has management and holder could choose to train and use existing 1910.134) to aircraft firefighting scenarios.
maintenance personnel, the actual number of employees for ARFF duties, but each airport This standard requires that firefighters
staff required for ARFF would be low. This situation is unique. The FAA cannot make a engaged in fighting interior structural fires
commenter reasons that the FAA’s general conclusion about the burdens imposed work in a buddy system that requires at least
willingness to be flexible with airport on any airport operator without more two workers in the structure and at least two
operators currently required to comply with information. workers outside in case a rescue of the
Index A requirements, particularly with Comment: Several commenters state that firefighters is needed. Commenters state that
staffing issues, overcomes the argument made if they are required to comply with part 139 this standard would require them to hire
by other commenters that ARFF requirements ARFF requirements, local laws would additional personnel.
are too onerous. The commenter also states require them to hire professional firefighters. FAA Response: The FAA disagrees. The
that small airport operators would not be that FAA Response: The FAA agrees that local OSHA Respiratory Protection Standard does
much more burdened if they must comply laws and ordinances may require the airport not require certificate holders to hire more
with existing requirements for ARFF response operator, in order to comply with part 139 ARFF personnel than normally would be
capability during air carrier operations for a requirements, to go beyond what the FAA required to comply with part 139. In a legal
defined period before and after air carrier requires. If local laws make compliance with memorandum developed jointly by the FAA
aircraft operations. Noting that current airport part 139 requirements unreasonably costly, and the OSHA (dated July 7, 1999) and
staff or the local fire department could be used burdensome, or impractical, the certificate placed in the docket, it was determined that
the respiratory standard is applicable only to contractor. large air carrier aircraft operations will have
personnel fighting a fire within a structure and Comment: Three commenters state that to arrange for additional ARFF coverage for
not an outside aircraft fire. As the primary the requirement to have on-airport ARFF small air carrier aircraft operations. Since
purpose of ARFF personnel is to suppress the that must respond within a specified time small air carrier aircraft operations tend to be
external aircraft fire and establish an escape period will be an unreasonable financial more frequent at such airports, ARFF
route for the aircraft crew and passengers, the burden on a small town and would adversely services may be needed more often than the
‘‘two-in/twoout’’ rule does not apply to affect the air carrier service into such local fire department can provide.
ARFF. communities. Depending on the location of If the certificate holder and the FAA
Comment: A commenter states that the aircraft emergency, one commenter cannot develop a reasonable alternative
neither the FAA nor an airport operator has notes that off-airport emergency personnel means of compliance, the certificate holder
the authority to require a private company to might be in a better position to respond, may ask the FAA to grant an exemption
provide ARFF services without especially if the incident is located off the under § 139.111 or in the case of a Class III
compensation. airport. airport, propose an alternative means of
FAA Response: The commenter FAA Response: The FAA disagrees. The compliance with ARFF requirements under
misunderstood the provision that allows an requirement of paragraph (a) specifies that the § 139.315(e) that may eliminate the need for
airport operator to use non-airport personnel certificate holder shall provide ARFF services off-airport emergency to comply with a
to comply with the part 139, including ARFF on the airport during air carrier operations. timed response.
requirements. The FAA gives an airport This does not require the airport operator to Comment: A commenter states that part 139
operator the discretion to use personnel other ensure such services are on the airport at all airports should be required to have annual
than its own employees to comply with part times. Depending on the frequency of air ARFF training at one of the regional training
139 requirements. Accordingly, an airport carrier services, an airport operator may, and facilities funded by the FAA that use propane
operator may decide that the best approach to many do, arrange for ARFF services with the fire simulators. The commenter does not
complying with ARFF requirements is to off-airport fire station. This type of support airport operators using fossil fuel fires
arrange for such a service through a tenant or arrangement is acceptable so long as for such training because of the environmental
a contractor. This approach is not required off-airport ARFF services are on the airport impact and lack of repeatable training
under part 139, but it is an acceptable means 15 minutes prior to and 15 minutes after air scenarios needed to develop firefighting skills.
of compliance as long as the tenant or carrier operations. The commenter also states that the cost of
contractor complies with the part 139 As noted in the proposal at 65 FR 38663, ARFF training for airports with less than
requirements. If compensation is required for certain airport operators that have arranged 500,000 annual enplanements should be AIP
such services, it is a matter for the airport for the local fire department to occasionally eligible.
operator to negotiate with the tenant or come to their facilities to cover infrequent
139.319(k) would be unreasonable. This by the local organization.
FAA Response: The FAA disagrees. commenter explains that one section of the FAA Response: The FAA agrees. The
Regional ARFF training centers are only one existing emergency access road surrounding requirement for annual recurrent training for
option available for complying with the fire the airfield is impassable for many months of emergency medical personnel has been
training requirements of § 139.319(i)(3). the year due to washouts and drifted snow. deleted from paragraph (i)(4). Language
Airport operators may have other alternatives The commenter states the cost of requiring such personnel to be trained and
to comply with this requirement that are less reconstructing the road so it can be remain current in basic emergency medical
costly or more convenient. maintained and plowed during winter months services will remain the same. This will
Regarding the funding of ARFF training is estimated at $500,000. ensure emergency medical personnel receive
costs, Congress would have to amend the AIP FAA Response: The FAA agrees that it is recurrent training but at the same frequency
authorizing statute before AIP funds may be possible the commenter may have to renovate required by the local regulating organization.
used for ARFF training. As of the date of the its emergency access road to comply with the Comment: A Class I airport operator states
publication of this final rule, ARFF equipment requirements of this section. If the FAA that while it supports the continuous training
is AIP-eligible only if such equipment is determines such renovation is necessary for of ARFF personnel, the proposal’s statement
required under part 139 or if the FAA has the purposes of part 139, 90 percent of the regarding continuous training will affect how
determined that it will contribute significantly cost would be eligible for AIP funds. Should firefighters are trained at other certificated
to the safety or security of persons or property AIP funds not be readily available, or the airports. This commenter explains that the
at an airport. airport operator does not have matching current regulation could be interpreted to
Comment: A commenter states that the funds, the certificate holder could ask for an mean that an airport operator could comply
amount of time to comply with the exemption under § 139.111. In addition, the with § 139.319(i) by training ARFF personnel
requirements of this section should be FAA has added language to § 139.315 that only once a year. However, the proposal states
extended to allow airport operators to secure allows the holder of a Class III Airport that the FAA would not expect ARFF
funds, hire personnel, purchase equipment, Operating Certificate to comply with ARFF personnel to comply with training
and build facilities. requirements by alternative means that may requirements with only a once-a-year training
FAA Response: The FAA agrees additional not require the commenter to maintain an course. The commenter notes that it has a
compliance time is warranted and has emergency access road (see discussion under continuous training program for its ARFF
amended paragraph (m) to allow Class II, III, § 139.315(e), Aircraft Rescue and personnel, but if continuous training is
and IV airport operators an additional year to Firefighting: Index determination). mandated, other airport operators may need
comply. These airport operators now have 3 Comment: A commenter states that more personnel and equipment.
years from the effective date of this rule to proposed training for emergency medical FAA Response: The FAA disagrees.
comply with this section or request an personnel is excessive. This commenter Continuous training is not required under §
exemption under § 139.111(b). On a points out that such personnel in its State are 139.319(i). The statement in the proposal (65
case-by-case basis, the FAA may consider only required to receive 40 hours of training FR 38653) was intended only to encourage
granting additional time to those airport every 3 years. The commenter questions the ongoing training. As long as ARFF personnel
operators that petition under § 139.111(a) for purpose of requiring more training than what are trained on the subject areas specified
additional time. is required by the local organization that under paragraph (i), the certificate holder has
Comment: A Class III airport operator regulates emergency medical personnel. The the discretion to provide this training in a
states that the cost of reconstructing the commenter requests that the recurrent manner that best suits its needs.
emergency access road required under § training requirement be the same as required The FAA disagrees that in all instances
continuous ARFF training will require inspect for the response requirements of are still applicable and that the certificate
additional personnel and equipment. Many paragraph holder is complying with any conditions
airport operators find this approach provides (h) if the airport operator was granted an required by the exemption.
better training results and is more cost exemption from ARFF requirements under Comment: A commenter states that many of
effective. These airport operators use their proposed § 139.321. the small communities that operate Class III
existing airport personnel, or a combination of FAA Response: The FAA agrees. The airports rely on volunteer firefighters and the
airport personnel and those of the local fire requirements for requesting an ARFF proposed requirements would require these
department, to conduct training sessions exemption have been moved to § 139.111 and communities to recall volunteers, or to
throughout the year. This minimizes travel modifications made to the conditions under supplement regular full-time airport
costs often associated with one-time training which the FAA will consider granting an employees, several times a day to cover air
courses, and since training sessions are exemption (see section-by-section analysis of carrier flights. The commenter believes this
shorter, it reduces the time personnel are § 139.111). would be ‘‘a significant burden with
unavailable for ARFF duties. The FAA will not require a certificate questionable benefit’’ for such airports. As an
Comment: A commenter requests holder to comply with a part 139 requirement alternative, the commenter suggests
clarification on the relationship between the if the airport operator has been granted an modifying required ARFF response times for
response requirements of § 139.319(h) and exemption from that requirement. In granting Class III airport operators to allow all required
those proposed in § 139.321, ARFF: an exemption from ARFF requirements, the ARFF vehicles at such airports to utilize the
Exemptions. Referring to prearranged FAA requires the certificate holder to provide secondary response time specified in
firefighting and basic emergency medical certain data. The exemption, plus any paragraph (h)(2)(ii) as their primary response
response required as a condition for an conditions, would be included in the ACM. time.
exemption under proposed § 139.321, this During an inspection, the FAA will verify that
commenter questions how the FAA will the circumstances that required the exemption
addition, this flexibility allows the airport Finally, a new sentence has been added to
FAA Response: The FAA disagrees. The operator to incorporate training required by paragraph (j) noting that the certificate holder
ARFF performance times that the commenter the state or local municipality. may contact the FAA’s Regional Airports
refers to require at least one mandatory However, the FAA will forward the Division Manager about obtaining a copy of
ARFF vehicle to respond to the midpoint of commenter’s concerns on ARFF training the ‘‘North American Emergency Response
the farthest air carrier runway within 3 requirements to the ARAC. As discussed Guidebook.’’ The FAA anticipates that this
minutes of an alarm and within 4 minutes of earlier, the ARAC has accepted the task to guidebook will be available in both hardcopy
an alarm for all other required vehicles. This review part 139 ARFF standards. and electronic form.
secondary time is what the commenter Section as Adopted: This section is
New Section 139.321 Handling and
suggests should be the standard for all adopted with changes. For reasons discussed
Storing of Hazardous Substances and
responding ARFF vehicles at Class III above, the requirement for annual recurrent
Materials (Proposed § 139.323)
airports. training for emergency medical personnel has
The FAA believes that the requirement for been deleted from proposed § 139.319(i)(4), Proposal: In the proposal, § 139.321,
at least one ARFF vehicle to respond within 3 and paragraph (m) has been modified to ARFF: Exemptions, contained procedures for
minutes of an alarm will not be burdensome allow Class II, III, and IV airport operators requesting an exemption from ARFF
for Class III airport operators. These airports an additional year to comply with the requirements. As discussed earlier, proposed
typically have simple pavement requirements of this section. § 139.321 has been withdrawn and all
configurations that allow ARFF vehicles to Several additional modifications were made requirements for petitions of exemption are
reach the midpoint of the farthest runway to this section. A new requirement for a now contained in § 139.111. Consequently,
within the required time from their standby vehicle communication method has been all following sections have been
positions. It is from this standby position that added to paragraph (e) that requires personnel redesignated, and comments received on
ARFF performance times are measured. to have contact with the common traffic these sections are discussed under the new
Instead, Class III airport operators are more advisory frequency when an air traffic control section numbers.
likely to have difficulty arranging for ARFF tower is not in operation or when there is no New § 139.321 (proposed § 139.323)
coverage to be available at a standby location tower. This change is consistent with other contained existing requirements for certain
15 minutes before and after all covered air radio communication requirements contained airport operators to establish and implement
carrier operations. in part 139. Minor changes also were made to procedures for the safe storage and handling
As discussed previously, an airport paragraphs (e)(1) and of aviation fuel and, when the airport operator
operator that is unable to comply with any (4) for clarity, and the redundant phrase ‘‘if is acting as a cargo agent, of hazardous
ARFF requirement, including vehicle it is located on the airport’’ was deleted from materials regulated under 49 CFR part 171.
readiness or performance times, may petition paragraph (e)(2). This section also required the certificate
for an exemption from such requirements Additionally, the reference to proposed § holder to conduct quarterly inspections of
under § 139.111. 139.341, Airport condition reporting, in certain fueling agents. Generally, the proposal
Comment: A commenter states that paragraph (g)(3) has been revised to did not change these requirements, and all
paragraph (i) that prescribes requirements correspond to revisions made to the section classes of airports were required to comply.
for ARFF personnel contains vague numbering throughout subpart D. Several minor changes were proposed. The
language. This commenter recommends Modifications also were made to training term ‘‘grounded’’ was deleted from paragraph
removing or clarifying this paragraph. requirements contained in paragraph (i). (b)(1), eliminating the need for fueling agents
FAA Response: The FAA disagrees. The Language has been added to paragraph to connect aircraft to a static wire during
language of paragraph (i) ensures that ARFF (i)(2)(i) to clarify that airport familiarization fueling operations. Paragraph (b)(6) was
personnel are trained in certain subjects and training shall cover airport signs, marking, modified to delete an implementation date that
allows some flexibility to address the and lighting. Paragraph (i)(3) was revised to has already passed. In its place, a new
diversity of airports certificated under part clarify that training involving an actual fire requirement was proposed requiring operators
139. Training ARFF personnel at airports must be completed prior to initial performance of proposed Class III airports to complete
required to comply with Index E ARFF of ARFF duties, and paragraph (i)(4) was specified training within 1 year.
requirements may be more complex than changed to allow an individual other than the Existing requirements in paragraph (e) also
training ARFF personnel at an airport that required ARFF personnel to provide basic were modified to include requirements for
complies with Index A requirements. In emergency medical services. recurrency training for fueling agent
supervisors and employees, and paragraph (h) standards through periodic rulemakings to compliance with this section.
was deleted to clarify that the requirements of avoid similar delays and provide FAA Response: The FAA disagrees that it
§ 139.321 are applicable to air carrier fuel state-of-the-art safety for the traveling public. has mischaracterized the ARAC majority
storage areas located on the airport. FAA Response: The FAA partly agrees. opinion. The majority of the ARAC
Subsequently, existing paragraph (i) became The FAA will continue to review the NFPA Commuter Airport Certification Working
new paragraph (h). In addition, the reference standards for possible use as national Group recommended that airports serving
to a specific AC series number in existing standards under part 139. However, the FAA small air carrier aircraft not be required to
paragraph (i) (new paragraph (h)) was revised. cannot commit to the adoption of a particular comply with this section (see ARAC
Comment: A commenter states its support NFPA (or other) standard in advance of that Commuter Airport Certification Working
for the deletion of the grounding requirement. review. Not all local governments use the Group Final Report, page IV–3). As noted in
This commenter, the National Fire Protection NFPA standards, and the FAA will continue the proposal (65 FR 38655), the ARAC
Association (NFPA), notes this change was to review each NFPA standard for suitability majority recommended that the FAA only
the result of changes made 10 years ago to for Federal use. require smaller facilities to meet local fire
NFPA 407, Standard for Aircraft Fuel Comment: A commenter disagrees with the codes pertaining to storage and handling of
Serving. The NFPA recommends the FAA FAA’s characterization of the ARAC working hazardous substances and materials.
require compliance with NFPA consensus group’s majority opinion regarding
Most FBOs already use training programs will be completed within 90 days.’’ The
Comment: A commenter recommends that are approved by the FAA. commenter states that the proposed supervisor
deleting requirements for an airport operator The FAA has evaluated available fuel safety training requirement would not allow for loss
to oversee fueling operations, unless the training courses and publishes a list of of a trained supervisor due to normal attrition.
airport operator is the fueling agent. Fueling approved courses. The FAA periodically The commenter reasons this modification
operations at this commenter’s airport are evaluates these training courses to ensure they would allow fueling operations to continue
provided by the FBO and the commenter continue to meet certain teaching and testing uninterrupted until a new supervisor could be
states that the airport staff are not trained in criteria and, on request, will evaluate new trained.
the operation and maintenance of fueling training courses. Currently, 12 fuel safety FAA Response: The FAA agrees and has
facilities or in aircraft fueling operations. This training courses are acceptable to the FAA, amended paragraph (e) as suggested.
commenter also notes that the proposal including several courses sponsored by airport Comment: Two commenters state their
contained no justification for airport operators operators. support of changes made to this section,
to inspect fueling operations, and the cost to Comment: A commenter states that the particularly changes to enhance safety of air
comply outweighs the benefit. industry should assist the FAA in carrier fuel storage areas. However, both
FAA Response: The FAA disagrees. Airport developing guidance for recurrent training commenters note that the FAA does not hold
operators certificated under part 139 already for fueling personnel to ensure such training air carriers accountable for the safety of their
comply with the requirements of this section does not become an unnecessary burden on fuel storage areas and recommend that the
and have not reported it to be burdensome or fueling operations. FAA require air carriers to inspect and
costly. As discussed in the proposal (65 FR FAA Response: As noted in the proposal maintain these areas.
38655), the requirements of this section are (65 FR 38655), fuel fire safety standards were FAA Response: The FAA agrees that air
common safety measures and were developed developed as a result of a cooperative effort carrier fuel storage areas should be safe.
as a result of a cooperative effort between the between the FAA, airport operators, and Under this revised section, the FAA holds the
FAA, airport operators, and FBO’s, and have FBOs. If advisory material is needed during airport certificate holder responsible through
been successfully used for many years by the implementation of new training its relationship with its tenant air carriers, for
airport operators and aircraft fuelers requirements of this section, the FAA protecting against fire and explosion in air
nationwide. anticipates developing such materials in much carrier fuel storage facilities.
It is not necessary for airport personnel who the same manner. Rather than have separate fuel storage
conduct inspections of tenant fueling However, the FAA does not anticipate that requirements for air carriers and airport
operations to be trained in fueling operations compliance with recurrent training operators, the FAA has determined that
or maintenance. Such personnel need only to requirements will be so complex as to require existing part 139 fuel storage safety and
be familiar with the airport operator’s advisory materials. As required under inspection standards can be applied at all
standards for fuel fire safety. Such standards paragraph (b), recurrent training need only such storage facilities located at part 139
tend to be common housekeeping practices cover the same subject areas as initial training. airports. This approach will ensure that all
that airport personnel should already be This would include any changes to fuel fire fuel storage facilities at part 139 airports are
familiar with as they are required by local fire safety standards and procedures that have inspected in the same manner and held to the
codes and are often required by liability occurred since the individual’s initial training. same standards.
insurance carriers. For example, such Comment: A commenter requests the FAA Comment: A commenter recommends that
standards could require fuel storage areas to change the requirement for recurrent training the FAA should consider compliance with
be kept clean of litter, vegetation, and other for employees who handle fueling operations local fire codes and NFPA standards by fuel
combustibles and fire extinguishers to be fully to every 24 consecutive calendar months service providers as an alternate method of
charged. rather the 12-month requirement proposed. compliance. This commenter also
Comment: A commenter states that This commenter states that there is no recommends that the FAA should consider the
additional training costs will be incurred for justification for a more restrictive requirement role of the local fire marshal in performing
FBO personnel if the FBO’s existing training than that imposed on the fueling supervisor inspections.
does not comply with proposed training and would be more consistent with other FAA FAA Response: The FAA agrees. The FAA
requirements. requirements for private pilots and mechanics. already allows for these methods of
FAA Response: The FAA agrees that a few FAA Response: The FAA agrees and has compliance. Under paragraph (b), the airport
airport operators may have to reimburse their amended paragraph (e)(2) to require operator is required to incorporate the local
tenants for training costs. The responsibility recurrent training every 24 months rather fire code in its standards for protecting against
for such training costs will depend on the than every 12 months. fuel fires. If local fire codes do not address the
lease agreement between the airport operator Comment: A commenter recommends that subject areas specified in paragraph (b), the
and the FBO. Such agreements typically the FAA amend the last sentence of paragraph airport operator will have to develop
contain provisions that the FBO will ensure its (e)(1) to include the phrase ‘‘or enrolled in an additional procedures. The airport operator
employees are trained. authorized aviation fuel training course that may develop procedures unique to its facility
or adopt industry standards, such as NFPA fuel fire safety and has arranged for ARFF § 139.321. In addition, paragraphs (e)(1) and
standards. personnel to conduct fuel fire safety (2) have been modified to allow additional
In addition, the airport operator has the inspections and to provide fire safety training time for training of fueling personnel.
discretion to use either its own personnel to for fueling and airport personnel. Fueling agent supervisors now have 90 days
conduct inspections or an independent Section as Adopted: This section has been to complete initial training, and fueling
organization or person, such as the fire adopted with changes. As discussed earlier, personnel need only to complete recurrent
marshal. At some part 139 airports, the local proposed § 139.321 has been deleted and the training every 24 months rather than every
fire department is actively involved in aircraft proposed § 139.323 has been redesignated as 12 months.
signs, and lighting, for a lighting system. implementation, and testing of an airport
To clarify that the requirements of this These commenters state that proposed § emergency plan. Requirements for Class I
section pertain to aircraft fueling operations, 139.311 requires a lighting system for air airport operators remained relatively
the words ‘‘lubricants’’ and ‘‘oxygen’’ have carriers during times when the airport is open unchanged. New requirements were proposed
been deleted from paragraph (b). In addition, at night while proposed § 139.325, Traffic and for Class II, III, and IV airport operators that
a requirement for using an independent wind direction indicators, requires the lighting would be required for the first time to develop
organization to perform inspections has been of wind direction indicators during hours of and test an airport emergency plan.
moved to § 139.303, Personnel, and a new darkness. Changes were made to update emergency
sentence was added to paragraph (f). This response requirements to include large fuel
FAA Response: The FAA agrees. The term
fires and hazardous materials incidents and to
new sentence clarifies how long the ‘‘night’’ will be used in both sections, as
certificate holder is required to maintain ensure that all response measures
defined in 14 CFR part 1. Section 139.323(a)
fueling agents’ training records. accommodate the largest air carrier aircraft
has been amended to specify that if the airport
serving an airport. In addition, an alternative
New Section 139.323 Traffic and Wind is open for air carrier operations at night,
for an emergency alarm system was proposed,
Direction Indicators (Proposed § 139.325) rather than during hours of darkness, then
and clarifications were made to requirements
wind direction indicators must be lighted.
Proposal: This section prescribed pertaining to water rescue situations and
conditions that require a certificate holder to Section as Adopted: This section is adopted coordination with the air traffic control tower.
provide a wind cone, a traffic pattern with changes, and the section number was Testing requirements for Class I airport
indicator, and the standards for these devices. changed back to § 139.323. For the reason operators remained the same. New testing
While changes were proposed to these discussed above, the phrase ‘‘during hours of requirements were proposed for Class II, III,
standards, a certificate holder was still darkness’’ has been replaced by the term and IV airport operators that did not require a
required to provide traffic and wind indicators ‘‘night.’’ In addition, the first sentence of this triennial emergency exercise.
(such as windsocks) at specific locations on paragraph has been reordered, and the phrase A new requirement was also proposed to
the airport and for certain night and ‘‘available for air carrier use’’ has been allow Class II, III, and IV airport operators 1
uncontrolled traffic operations. Operators of included to clarify that the requirements of year from the effective date of the rule to
all proposed airport classes were required to this paragraph are applicable only to runways submit their emergency plans to the FAA for
comply with this proposed section. used by air carriers. The term ‘‘maintain’’ approval. Additionally, the section number
References to Class B airspace were deleted also has been added to the first sentence of was changed to new § 139.325 from proposed
and replaced by language requiring all this section to ensure consistency with the § 139.327, and references to advisory
certificate holders to install supplemental wording of paragraph (c). circulars were revised.
wind cones adjacent to runway ends where the On July 17, 2001, the FAA published a
Further, paragraph (b) has been modified.
primary wind cone is not visible to a pilot on final rule revising 14 CFR part 107, Airport
The last sentence of this paragraph was
final approach or during takeoff. In addition, Security (66 FR 37274). This final rule
proposed in an effort to align part 139
standards for segmented circles and became effective November 14, 2001. The
requirements with the existing FAA guidance
supplemental wind cones were revised, as part 107 final rule contained a minor
provided to pilots on visual indicators at
well as standards for traffic indicators at revision to current § 139.325, Airport
airports without control towers. However, this
airports without a control tower. Changes also emergency plan.
change would have inadvertently required
were proposed to clarify that airport operators The part 107 final rule added a new
some airport operators to move their primary
must comply with the requirements of this paragraph (h) to § 139.325 and the existing
windsock if it was not located at the end of a
section in a manner satisfactory to the FAA paragraph (h) was redesignated as paragraph
runway. This was not intended. To correct this
and that ACs contain methods of compliance (i). This revision ensures that emergency
error, the last sentence of paragraph (b) has
response procedures to hijack and sabotage
that are acceptable to the Administrator. been deleted and the phrase ‘‘around a wind
incidents contained in the airport emergency
Finally, the section number was changed to cone’’ has been added to the first sentence.
new § 139.325 from proposed § 139.323. plan are consistent with the approved airport
This addition will ensure the required landing
Comment: Several commenters support the security program required under part
strip and traffic pattern indicator will be
changes to this section. One of these 107. Comments on this revision were
located around a wind cone, wherever that
commenters fully supports the proposal for wind cone may be located. addressed in the part 107 final rule (66 FR
supplemental wind cones to be installed at 37308). [Note: Part 107 has been transferred
runway ends at all certificated airports, rather A change also has been made to paragraph to Transportation Security Administration
than just at airports located within Class B (c). The term ‘‘standards’’ has been replaced (TSA) regulations under 49 CFR 1500 et seq.]
airspace. by the term ‘‘procedures.’’ This change Comment: Five commenters support
FAA Response: The FAA agrees. corresponds to changes made throughout the changes made to this section, particularly
Comment: Two commenters note a regulation to adjust language referring to ACs. revisions requiring a response to large fuel
discrepancy between this section’s criteria New Section 139.325 Airport Emergency fires and hazardous materials incidents.
that determine if a certificate holder must light Plan (Proposed § 139.327) FAA Response: The FAA agrees.
a wind direction indicator and the Proposal: This section contained existing Comment: An airport association
requirements of proposed § 139.311, Marking, standards for the development, comments that the flexibility offered in
emergency plan that will be appropriate to the Comment: A commenter states it is
this section allows smaller airports the type of air carrier operations served. reasonable to require Class II, III, and IV
opportunity to develop and maintain an airport FAA Response: The FAA agrees. airport operators to conduct only annual
tabletop reviews of their airport emergency discussions of staging areas and perimeter the time it takes to create an airport
plans. This commenter notes that ‘‘many security that will be used during emergency emergency plan. Further, such a revised plan
small airports with limited funding appreciate situations and to conduct an airfield tour. does not need to conform to AC 150/5200–31.
recognition by the FAA and Air Transport FAA Response: The FAA agrees that This AC merely provides guidance on the
Association that the cost of conducting staging areas and perimeter security should development of an airport emergency plan
triennial a full-scale exercise can be unduly be discussed during an annual tabletop using Federal Emergency Management
burdensome.’’ review. In most instances, airport operators Administration’s guidelines for emergency
FAA Response: While the FAA agrees with must designate a staging area and arrange preparedness. Neither is mandatory. As long
the commenter’s statement regarding annual for perimeter security in order to comply as such a revised community plan meets the
tabletop reviews, it does not agree that with the requirements to paragraph (c). requirements of this section, the airport
triennial full-scale exercises are unduly Accordingly, these issues are reviewed operator may develop its plan in any manner
burdensome for all small airport operators. during both the annual review and, as that it chooses.
Comment: Four commenters request that all appropriate, the triennial full-scale Additionally, the FAA is not requiring an
certificate holders be required to hold triennial emergency exercise. airport operator to use a consultant to develop
full-scale emergency exercises. One of these Similarly, a field tour may be its airport emergency plan. If an airport
commenters, the American Association of accomplished, although not specifically operator decides to develop its own
Airport Executives, states that ‘‘an emergency required, during an annual review. Paragraph emergency plan, FAA resources are available
plan exercise every 36-months is a reasonable (g)(4) requires the certificate holder to review to simplify this process. The FAA airport
expectation in the testing of an airport its emergency plan with all involved parties to certification and safety inspectors are
emergency plan.’’ Another commenter ensure they know their responsibilities under available via telephone or e-mail to provide
suggests that the FAA require Class II, III, the plan. A field tour may be one means of guidance on the development and testing of an
and IV airports to conduct full-scale compliance used by the certificate holder to airport emergency plan, and they have
emergency exercises every 5 years and ensure that certain parties who would be samples of approved plans. For many years,
tabletop reviews every 2 years. This required in an emergency to drive on the these inspectors have assisted Class I airport
commenter states that annual reviews alone airport or respond to a predesignated staging operators in the development and testing of
cannot satisfy emergency coordination and area understand their responsibilities. their emergency plans and have often served
response. Comment: Two commenters, both Class III as evaluators during triennial full-scale
FAA Response: The FAA agrees that airport operators, state that it may be difficult emergency exercises. In addition, many states
triennial full-scale emergency exercises are to comply with the requirements of this and local municipalities have emergency
beneficial, but disagrees that all certificate section. One of these commenters explains coordinators that may be able to assist airport
holders should be required to hold such that the local community has an emergency operators develop their plans.
exercises. The cost of such exercises for preparedness plan, but the plan is not airport Section as Adopted: This section is adopted
smaller airports, and the local community that specific. If the requirements of this section with changes. As discussed above, §
participate in these exercises, must be and AC 150/5200–31, Airport Emergency 139.325(a)(3) has been modified. The phrase
considered in evaluating the benefit. Plan, require more than a modest update, this ‘‘that the airport reasonably can be expected
Comment: A Class I airport operator commenter estimates it would cost $3,000 to to serve’’ has been changed to ‘‘in the Index
recommends that certificate holders should be $5,000 to rewrite the plan. The other required under § 139.315.’’ In addition, the
required to include in their water rescue plans commenter states that without outside help or time allowed for compliance in paragraph (j)
provisions for rescue vehicles that have a additional airport staff, the airport emergency has been extended from 12 months to 24
combined capacity for handling the maximum plan required under this section and AC months. The section number also has been
number of passengers on the largest aircraft 150/5200–31 would be difficult to develop, changed to new § 139.325 from proposed §
serving the airport. maintain, and exercise. 139.327, and several administrative edits have
FAA Response: The FAA agrees. Paragraph FAA Response: The FAA partly agrees. been made throughout the section.
(a)(3) was proposed to ensure that all Revising a local emergency preparedness As discussed earlier, a new paragraph has
emergency procedures, including water plan may take some time, particularly to been added to incorporate an amendment
rescue, are appropriate to the largest air carrier coordinate mutual aid agreements with local made to part 139 in the final rule revising 14
aircraft the airport operator could be emergency and medical services. Likewise, CFR part 107, Airport Security (66 FR
reasonably expected to serve. However, this staff time will be required to annually 37274). This new paragraph is designated as
paragraph will be revised to use ARFF Index review the plan. How much time will, of paragraph (i) and references in the amendment
as the criteria for determining emergency course, vary from airport to airport and will to paragraph (b) that refer to hijack and
response capability rather than the largest depend on the availability of local sabotage incidents have been updated to
aircraft that could be served. This change will emergency services. Such considerations reflect the changes made to paragraph (b).
ensure that emergency planning and response were evaluated in the proposal’s cost Subsequent proposed paragraphs (i) and (j)
requirements are consistent throughout part evaluation (see the Regulatory Evaluation). have been redesignated as new paragraphs (j)
139. This evaluation also assumed that all Class and (k). In addition, references to 14 CFR part
Comment: One commenter states support II, III, and IV airport operators would have 107 have been revised to reflect changes made
for the ARAC Commuter Airport no existing emergency plan from which to to FAA security regulations and the creation
Certification Working Group recommendation develop their own emergency plan. of the Transportation Security Administration.
that Class II, III, and IV airport operators Building upon an existing emergency
include in their annual tabletop review preparedness plan will considerably reduce
conditions and document inspections. In to comply with this revised section. Class I,
New Section 139.327 Self-inspection addition, training requirements for individuals II, and IV airport operators were required to
Program (Proposed § 139.329) conducting airport inspections were revised, update existing self-inspection programs,
and language was added to permit airport and operators of proposed Class III airports
Proposal: This section contained existing inspections to be conducted by individuals were required to develop and implement a
requirements for certificate holders to conduct other than employees of the airport operator. self-inspection program.
daily inspections of the movement area to The section number also was redesignated Comment: Two commenters support
ensure the airport remains in compliance with from § 139.327 to § 139.329, and language training requirements for personnel
part 139. Changes were made to how the that was no longer applicable was deleted. conducting self-inspections.
certificate holder notifies air carriers of field All proposed airport classes were required FAA Response: The FAA agrees.
Comment: Two commenters support In addition, the FAA agrees that changes could consist of on-thejob training, formal
changes that will allow an airport operator to are needed to clarify the frequency of classroom lectures, an industry training
designate a third party to conduct inspections. training. Modifications have been made to conference, or some combination thereof.
One of these commenters notes that neither paragraph (b) to clarify that personnel must Section as Adopted: This section is adopted
this section nor proposed § 139.303, receive both initial and recurrent training in with changes. The section number has been
Personnel, provides guidance on using a third the specified subject areas and that recurrent changed back to § 139.327, and for the
party. training is required every 12 months. reasons discussed above, the term ‘‘designee’’
FAA Response: The FAA agrees. Since the Comment: A commenter notes that the has been deleted from paragraph (a), and
certificate holder can use a third party to recurrent training required for personnel paragraph (b) has been modified to clarify that
comply with most part 139 requirements, a conducting self-inspections is redundant for personnel must receive both initial training
new paragraph has been added to § 139.303 duties that its operations staff completes on a and annual recurrent training.
that details the requirements a certificate daily basis. Several other changes were made
holder must meet in order to use a third party FAA Response: The FAA disagrees. As throughout the section. Paragraph (b)(2) has
(see section-by-section analysis of § 139.303). discussed in section-by-section analysis of § been edited for clarity. Paragraph (b)(3)(iv)
This new paragraph contains a requirement, 139.303, the FAA believes personnel that has been revised to reflect changes made to
found in existing § 139.321, Handling and perform their duties on a daily basis can the title of § 139.329, and paragraphs (b)(3)(i)
storage of hazardous substances and materials, benefit from recurrent training. Recurrent and (vi) have been combined. In addition,
paragraph (d), that specifies that the certificate training helps ensure that all employees language deleted in the proposal was replaced
holder can use an independent organization to continue to perform their duties correctly and in paragraph (b)(3). This language specifies
conduct inspections of tenant fueling safely. that only qualified personnel can perform
facilities. This paragraph has been moved to § Comment: A commenter opposes new inspections and was unintentionally deleted.
139.303 and has been modified so that it now requirements for formalized training and Changes were made to paragraph (c). New
applies to any part 139 requirement. recordkeeping, stating that these requirements language was added that requires the
Consequently, the term ‘‘designee’’ has been are unnecessary and burdensome. This certificate holder to maintain records for 24
deleted from § 139.327(a). commenter states that the regulation already months of training required under paragraph
This new paragraph in § 139.303 still requires the certificate holder to ensure it (b)(3). While this requirement was not
requires that the FAA approve any such remains compliant with the part 139 and the discussed in the proposal, other similar
arrangement. In addition, the certificate ACM. The commenter believes this recordkeeping requirements were, and this
holder is required to ensure that the third requirement alone will ensure self-inspections addition to paragraph (c) mirrors these
party’s duties and responsibilities are are done correctly. In addition, this requirements and is a logical outgrowth of
included in the ACM and that records are commenter believes that annual FAA what was proposed. Further, the FAA has
maintained to document the third party’s inspections ensure compliance without the determined that records of self-inspections
compliance with part 139 and the ACM, need for burdensome recordkeeping and should be retained in the same manner as
including training activities. recurrent training programs. airport condition reports, as required under §
Comment: A commenter states that FAA Response: The FAA disagrees 139.339. Therefore, the time airport
paragraph (b)(3) detailing training subject with the commenter that new operators must maintain self-inspection
areas is too vague and requires clarification. self-inspection training and recordkeeping records has increased from 6 months to 12
Specifically, the commenter is unclear if this requirements will be burdensome and months. Although not proposed, this change
paragraph requires additional training for unnecessary. The FAA believes most will ensure the recordkeeping requirements
airport operations staff and recommends certificate holders already comply with in the two sections are consistent.
additional clarification of recurrent training this section and need only document In addition, the text ‘‘make available for
standards. existing training procedures. inspection by the Administrator on request’’
FAA Response: The FAA agrees that some Also, similar to § 139.303, training required has been deleted from paragraph (c). This
training required under this section is under this section does not have to be requirement is redundant to the new
redundant to training required under § ‘‘formalized.’’ Paragraph (b)(3) does not recordkeeping requirements of § 139.301
139.303. This overlap is intentional so that all specify how training must be conducted. This that specify the certificate holder shall
requirements for conducting self-inspections is intended to allow the certificate holder furnish, upon request by the FAA, all
are contained in one section. Training some flexibility in complying with training records required to be maintained under this
completed to comply with § 139.303 can be requirements in a manner best suited for local part.
used to meet this section’s training circumstances. As long as training covers the
requirements. subject areas specified in paragraph (b), it
scheduled air carrier operations (proposed proposal.
New Section 139.329 Pedestrians and Class I, II, and III airports) were required to
Ground Vehicles (Proposed § 139.331) comply with this section. The section However, the commenter’s statement seems
number was changed from § 139.329 to to imply that there is confusion regarding the
Proposal: This section contained proposed § 139.331. requirements for two-way radio
requirements for the certificate holder to limit Comment: A commenter supports the communications at airports without control
access to movement areas to those ground implementation of this section at smaller towers or during times when the control tower
vehicles necessary for airport operations. This airports with the FAA’s acknowledgement in not operational. To clarify that in either
section also required the certificate holder to that existing § 139.329, Ground vehicles, instance prearranged signs or signals can be
ensure that employees, tenants, or contractors paragraph used in lieu of two-way radio
who operate ground vehicles in the movement (c) is only applicable at airports communications, the first sentence of
area are familiar with established ground where an air traffic control tower is paragraph (d) has been modified to include
vehicle operating procedures. operational. the phrase ‘‘or there is no air traffic control.’’
The requirements of this section remained FAA Response: The FAA agrees The phrase ‘‘two-way radio communications’’
relatively the same. Only minor that existing § 139.329(c) is applicable only at also has been added to this paragraph to
modifications were proposed to clarify that airports where an air traffic control tower is clarify that operators of such airports have the
the requirements of this section are operational. This criteria is stated in the first choice of using either two-way radios or
implemented in a manner satisfactory to the sentence of paragraph prearranged signs or signals.
FAA. All certificated airports serving (c) and did not change in the Comment: A commenter recommends
revising paragraph (e) to require ground control’’ and ‘‘two-way radio New Section 139.333 Protection of
vehicle training that includes runway communications.’’ NAVAIDS (Proposed § 139.335)
incursion prevention awareness. This
New Section 139.331 Obstructions Proposal: This section contained
commenter states that safe airside vehicle
(Proposed § 139.333) standards for the protection of navigational
operations play a significant role in decreasing
aids (NAVAIDS). Except for a change to the
the hazards of runway incursions. Proposal: This section contained
section number, the requirements of this
FAA Response: The FAA agrees. Data requirements for the lighting, marking, or
section remained substantially the same and
collected by the FAA on runway incursions removal of obstructions. Except for a change
required the certificate holder to protect
show that ground vehicles and pedestrians in to the section number, the requirements of
against the derogation of electronic or visual
movement and safety areas continue to be a this section remained substantially the same.
navigational equipment and air traffic
cause of both runway incursions and surface Certificate holders were still required to
control facilities located on the airport. This
incidents. To heighten awareness of this ensure that each object within its area of
included protection against vandalism, theft,
important safety matter, the FAA supports the authority that penetrates imaginary surfaces,
and construction that may cause
commenter’s recommendation and has as provided in part 77, Objects Affecting
interference.
modified paragraphs (e) and (f) to specify Navigable Airspace, is removed, marked, or
Changes were proposed to clarify that the
training, rather than just familiarization, on lighted.
requirements of this section must be
procedures for the safe and orderly access to Changes were proposed to clarify that the
implemented in a manner satisfactory to the
and operation in the movement area and to requirements of this section must be
FAA and that ACs contain some methods of
require records of such training. Additionally, implemented in a manner satisfactory to the
compliance that are acceptable to the
this section has been expanded to included FAA and that ACs contain some methods of
Administrator. All certificated airports serving
safety areas and pedestrian activity to ensure a compliance that are acceptable to the
scheduled air carrier operations (proposed
comprehensive approach to preventing Administrator. All certificated airports serving
Class I, II, and III airports) were required to
runway incursions and surface incidents. scheduled air carrier operations (proposed
comply with this revised section.
Section as Adopted: This section is adopted Class I, II, and III airports) were required to
In addition, a change to the section
with changes. The section number has been comply with this revised section. Also, a
number, from § 139.333 to § 139.335, was
changed back to § 139.329, and for the change to the section number, from § 139.331
proposed.
reasons discussed above, paragraph (e) has to § 139.333, was proposed.
Comment: No comments were
been modified to specify training on Comment: No comments were
received on this section.
procedures for the safe and orderly access to received on this section.
Section as Adopted: The section number
and operation in movement areas and safety Section as Adopted: The section number
has been changed to new § 139.333 from §
areas. Correspondingly, paragraph (f) has has been changed to new § 139.331 from
139.335. Otherwise, the section is adopted as
been changed to require records of such proposed § 139.333. In addition, references to
proposed.
training and that these records be maintained the terms ‘‘imaginary surfaces’’ and ‘‘part
for 24 months. 77’’ have been replaced by the phrase New Section 139.335 Public Protection
As discussed previously, the words ‘‘determined by the FAA to be an (Proposed § 139.337)
‘‘pedestrian’’ and ‘‘safety area’’ have been obstruction.’’ As noted in the proposal (65 FR
Proposal: This section contained existing
added throughout the section and to the 38650), references to 14 CFR part 77 should
requirements for a certificate holder to
section title. This change now requires the have been deleted throughout part 139 as part
prevent the inadvertent entry of persons or
certificate holder to establish and implement 77 is being revised and may be reorganized.
vehicles to the movement area and to
procedures for access to, and operation on, Accordingly, references to part 77 in this
provide reasonable protection of persons and
movement areas and safety areas by both section have been replaced with a general
property from aircraft blast. All certificated
pedestrians and ground vehicles. statement that the FAA will determine if an
airports serving scheduled air carrier
To clarify requirements for vehicle and object is an obstruction. Also, the first and
operations (Class I, II, and III airports) were
pedestrian control at airports without control second sentence of this section have been
required to comply with this section.
towers, paragraph (d) also has been modified combined for clarity.
to include the phrase ‘‘or there is no air traffic
for theft and liability purposes, to keep the with this section. This would include the cost
Comment: A commenter requests public out of movement areas will usually to develop personnel identification media,
additional time for Class III airports to suffice. For example, if a public road provide personnel with security training, and
comply with this section. The commenter dead-ends at the airport, the certificate holder install passenger-screening equipment in the
recommends that these airports be allowed could use a sign and wood barricade to alert terminal building.
3 years after the effective date of the rule the public not to enter. Another commenter states that security
to comply because the cost of In addition, some airport operators that is expensive and that fences, access gates,
implementing this section will be high in have accepted Federal funds may have background checks, and law enforcement
small rural communities. No operational or obligations under their grant assurances to personnel all combine to increase cost.
financial data is provided to substantiate control the use of the airport in a manner This commenter provides two pages of
this claim. that will eliminate hazards to aircraft and to justification why the FAA should not
FAA Response: The FAA disagrees. The people on the ground. Grant assurances require certificate holders, particularly at
requirements of the section are intended to require ‘‘an owner of an airport developed Class III airports, to comply with the
prevent the inadvertent access by the public, with Federal assistance to provide adequate requirements of 14 CFR part 107, Airport
which can be done quickly and for a relatively controls such as fencing and other facilities Security.
small cost. The FAA is unaware of any to keep motorist, cyclists, pedestrians, and FAA Response: This section does not
current certificate holders experiencing animals from inadvertently wandering onto require the certificate holder to comply with
problems meeting this requirement, and the the landing area or areas designated for part 107 nor does it require the certificate
commenter did not provide any operational or aircraft for aircraft maneuvering.’’ holder to use any physical or personnel
cost data to suggest otherwise. Comment: Several commenters disagree security measures to protect against criminal
Elaborate fencing, automated access control with the FAA’s statement that there will be and terrorist acts.
points, closed-circuit cameras, guards, etc. are minimal or no incremental compliance cost As noted above, this section only requires
not required to comply with this section. for this section. One of these commenters the certificate holder to have appropriated
Existing measures, used by airport operators states that it would cost $150,000 to comply safeguards against inadvertent entry to
movement areas by unauthorized persons or access control requirements of part 107 in hazards. All other paragraph designations
vehicles. These safeguards may consist of a paragraph (b) may have caused confusion. were changed accordingly.
combination of natural barriers, fencing, and As noted above, paragraph (b) does not Several changes were made to wildlife
warning signs, which suffice to deter require fencing, but merely alerts the hazard assessment requirements. A new
personnel or vehicles from accidentally certificate holder that any fencing used to requirement was proposed specifying that a
entering the movement area. comply with part 107 will automatically wildlife hazard assessment must be conducted
The reference to part 107 (new 49 CFR part meet the requirements of this section. by a wildlife damage management biologist
1542, Airport Security) in paragraph (b) may Section as Adopted: The section is who meets certain education and experience
have caused confusion. This reference merely adopted with minor editorial changes. qualifications. Another new requirement was
alerts the certificate holder that any fencing The section number has been changed back proposed mandating that any recommended
used to comply with part 107 will to § 139.335, and paragraph (b) has been actions for reducing the wildlife hazard made
automatically meet the requirements of this edited for clarity. In addition, references to by the wildlife damage management biologist
section. This is because any fencing used to 14 CFR part 107 have been revised to reflect be included in the assessment. In addition, the
comply with part 107 far exceeds the public changes made to FAA security regulations existing requirement that an assessment
protection requirements of part 139. and the creation of the Transportation include an analysis of the events prompting
Comment: One commenter requests the Security Administration. the assessment was modified to include an
FAA examine the impact of this section on analysis of any circumstances that may have
New Section 139.337 Wildlife Hazard
smaller airports. This commenter, the prompted the assessment as well.
Management (Proposed § 139.339)
American Association of Airport Executives, Several modifications were made to the
states that the fencing requirement alone could Proposal: This section contained existing requirement to submit a wildlife hazard
be very expensive and one of its airport requirements for the certificate holder to assessment for FAA approval. These changes
members claims it would have to install 18 respond to wildlife hazards, including criteria included a new requirement for the FAA to
linear miles of fence to comply with this for when a certificate holder is required to take into consideration any actions
section. develop and implement a wildlife hazard recommended by the wildlife hazard
FAA Response: The FAA disagrees. It is management plan. The proposal made assessment in determining the need for a
difficult to respond to this comment, as the several changes to these requirements and certificate holder to have a wildlife hazard
FAA is not familiar with the referenced clarified what is expected of the certificate management plan. In addition, changes were
airport operator’s situation. However, based holder when developing a wildlife hazard made to requirements for the wildlife hazard
on experience with current certificate holders, management plan. All operators of management plan. A new requirement was
the FAA does not agree that an airport certificated airports serving scheduled air added that directs the certificate holder to
operator would need to purchase new fencing carrier operations were required to comply annually review the plan. Also, existing
to encompass the entire airport property in with this section. language from Subpart C, Airport
order to comply with this section. Most likely Existing § 139.337 was redesignated as Certification Manual, was added to require
the airport operator’s existing fencing or proposed § 139.339. Existing paragraph (f) that an approved wildlife hazard management
safeguards to keep the public out of was moved to the beginning of this section plan be included in the airport operator’s
movement areas will be acceptable. and became new paragraph (a). This ACM.
Again, the reference to fencing meeting paragraph required that an airport operator
take immediate action to alleviate wildlife
The working group’s majority opinion measures for mitigating wildlife
Finally, specific references to AC series stated that existing part 139 wildlife hazard hazards.’’ ALPA noted that wildlife
numbers were deleted, and several terms used management requirements would be hazards to aviation are a difficult and
throughout the section were revised, including economically burdensome for airports serving growing issue that should be taken
the term ‘‘ecological study.’’ A new smaller air carrier operations. It recommended seriously by all small airport operators
paragraph was added to allow proposed Class that such airport operators be required only to and by requiring small airport operators to
II and III airports to implement less than full take immediate measures to alleviate wildlife comply with this section it would ‘‘help
wildlife mitigation procedures if air carrier hazards whenever detected and not be ensure that professional wildlife
operations at these airports are so few or required to conduct an assessment and management techniques are utilized to
infrequent that any large expenditure would develop a wildlife hazard management plan. control wildlife problems at affected
be unduly burdensome or costly. The working group’s majority stated the airports.’’
Comment: Three commenters support the opinion that many airports serving small air The FAA partly agrees with the working
changes to this section. One of these carrier operations do not have complete group’s minority position and determined that
commenters believes that such changes will perimeter fences or other measures to deter all airports serving scheduled operations
reduce wildlife aircraft strikes at wildlife access to the movement area. Its (Class I, II, and III airports) will comply with
FAA-regulated airports. opinion was that such airport operators do not revised wildlife hazard management
FAA Response: The FAA agrees. have the financial resources to hire a requirements. At airports that only serve
Comment: A commenter notes that the consultant to study a potential wildlife hazard, unscheduled air carrier operations (Class IV
proposal did not mention the ARAC and it would be too costly to require these airports), the FAA believes that compliance
Commuter Airport Certification Working airport operators to establish priorities for with wildlife mitigation requirements would
Group’s majority view on wildlife hazard habitat modification. However, the ARAC be unduly burdensome since these airports
management. This commenter requests that majority did state that it is essential for the serve covered air carrier operations on an
the FAA review and consider these airport operator to have a plan to remove a infrequent basis. Changes to paragraph (d)(3)
recommendations before issuing a final rule. wildlife hazard when detected. also allow the FAA to consider frequency and
FAA Response: The FAA agrees that the In contrast, the working group’s size of air carrier aircraft served in
proposal did not discuss the ARAC minority recommended that airports determining the need for Class I, II, and III
Commuter Airport Certification Working serving small air carrier aircraft comply airport operators to comply with certain
Group’s majority view on wildlife hazard with all requirements of this section. This wildlife hazard management requirements.
management. This omission was not minority position, submitted by the Air Comment: A commenter supports the
intentional, and the FAA did consider both Line Pilots Association (ALPA), stated proposed change to replace the term
the working group’s majority and minority that airport personnel ‘‘often do not have ‘‘ecological study’’ in paragraph (b) with the
views on this issue. the expertise to develop effective term ‘‘wildlife hazard assessment.’’
FAA Response: The FAA agrees. paragraph required the certificate holder to at the FAA’s Internet site at http://wildlife-
Comment: Two commenters recommend conduct a wildlife hazard assessment if an air mitigation.tc.faa.gov or by calling (202)
modifying the events described in paragraph carrier aircraft experiences a ‘‘damaging 267–3389.
(b) that trigger the requirement for a wildlife collision’’ with wildlife other than birds. This Comment: A commenter recommends that
hazard assessment. These commenters has been modified to require an assessment if proposed paragraph (f) be revised to require
suggest that the term ‘‘damaging bird an air carrier aircraft experiences substantial the certificate holder to include in its wildlife
strike’’ be added to paragraph (b)(1). One of damage from striking any wildlife, and the hazard management plan procedures for
these commenters notes that the current term ‘‘substantial damage’’ has been defined. maintaining records of all reported wildlife
language of paragraph (b)(1) does not Consequently, the need for an assessment is strikes and all wildlife carcasses found within
require a wildlife hazard assessment if an now based on the type of damage sustained 200 feet of a runway. The commenter also
aircraft experiences a single bird strike. This from a wildlife strike, rather than the type or suggests that the certificate holder use this
commenter states that a single bird strike numbers of wildlife strikes. information to periodically evaluate its
should trigger an assessment because a This change also mirrors how wildlife wildlife hazard management plan and revise it
single bird strike can be just as hazardous as strikes are reported on FAA Form 5200– 7, if needed. The commenter notes that the
some of the minor aircraft strikes involving Bird/Other Wildlife Strike Report. This form maintenance of a local wildlife strike database
mammals. is used by pilots and air traffic controllers to is an essential part of the wildlife hazard
FAA Response: The FAA agrees that report wildlife strikes to the FAA. The management plan of any airport and that
language in paragraph (b) is unclear regarding information from Form 5200–7 is compiled NTSB recommends that bird strike reporting
aircraft strikes by a single bird or engine into a national database to assist the FAA and be mandatory.
ingestion of wildlife other than birds. To other safety and wildlife organizations in FAA Response: The FAA disagrees with
clarify, proposed paragraph (b)(1) has been learning more about the wildlife/ aircraft the recommendation to require airport
broken into two subparagraphs in the final strike problem. The database helps provide operators to document all wildlife strikes.
rule that specify that a wildlife hazard information about wildlife strike risk factors Airport operators already are required to
assessment is required if an air carrier aircraft and possible risk reduction measures and to document wildlife hazards and strikes under
experiences either multiple bird strikes or an evaluate the effectiveness of these measures. selfinspection requirements and to take
engine ingestion of wildlife. The FAA and the U.S. Department of appropriate action. Further, an airport
To clarify what is required of the certificate Agriculture (USDA) annually analyze this operator may not know of all wildlife strike
holder if an air carrier aircraft experiences a data and publish a report of their findings. reports as such reports are typically made by
strike by a single bird, paragraph (b)(2) also This report, the national wildlife strike pilots and air traffic controllers and sent
has been modified. In the proposal, this database, and FAA Form 5200–7 are available directly to the FAA.
the cause of the wildlife hazard may be more complex wildlife issues, and the FAA
However, the FAA agrees in part that relatively simple to fix, such as exposed and the USDA estimate that in all but a few
airport operators should use wildlife strike rafters in an aircraft hangar or a poorly cases, assessments at these airports could be
reports to periodically evaluate and revise maintained perimeter fence. There may be completed in 5 to 7 days. In such instances,
their wildlife hazard management plan. airports where an assessment could take the FAA and the USDA would probably
Airport operators can access wildlife strike longer, particularly if a wildlife census is require the airport operator to reimburse the
reports submitted to the FAA by calling the needed or migratory patterns must be cost of a biologist’s wages, plus travel and
FAA at (202) 267–3389. Similarly, the FAA monitored. expenses. If a consulting firm is used, the
inspectors will use both the FAA wildlife Based on the wildlife aircraft strike data FAA estimates that the average cost for a
strike database and an airport’s self-inspection received from FAA Form 5200–7, the FAA consultant to conduct an assessment at such
log to determine the need for a wildlife hazard has determined that 40 percent of those airports is approximately $3,500 (based on
assessment or to assess the effectiveness of an airports required to comply with this section the average cost of $105 per staff hour).
existing wildlife hazard management plan. for the first time (Class II and Class III In a few instances, an assessment would
Comment: Several commenters express airports) will be required to conduct a wildlife take longer than a week due to the magnitude
concerns over the potential cost for small hazard assessment. Biologists at the FAA and or complexity of the wildlife problem. For
airport operators to conduct a wildlife hazard the USDA Wildlife Services estimate that half example, a study of migratory birds may
assessment. These commenters state that the of these airports could readily complete a require a yearlong study. The average cost for
cost to conduct an assessment at a small wildlife assessment within a few days for a a 1year study involving monthly surveys is
airport could mean a significant long-term nominal cost. $50,000 and a 1-year study requiring quarterly
cost and an increase in personnel. One of The services of the FAA, the USDA, and surveys costs approximately $25,000. These
these commenters remarks that the expense of local sources are readily available, often free fees usually include the cost to conduct a
a wildlife hazard assessment is not warranted of charge, to airport operators initially seeking wildlife census, evaluate habitat, develop a
unless there has been a strike or aircraft to mitigate wildlife issues. Wildlife biologists wildlife hazard management plan, and train
damage, as outlined in existing § 139.337. at both the FAA and the USDA offer free staff in wildlife control techniques.
Another commenter, a Class III airport telephone consultations, guidance material While a wildlife hazard management plan
operator, states that it has received an estimate and literature, on-site preliminary evaluations may be eligible for AIP funding if it results in
from an environmental contractor to conduct and suggested remedies. These experts work capital improvements to the airport, some
an assessment. Assuming no significant jointly to track airport wildlife problems and airport operators may not be able to comply
wildlife hazard, this contractor estimates the resolutions and serve as a clearinghouse for with this section if a complex assessment is
cost of an assessment at $8,000. such information. Further, they can direct required. In such cases, airport operators may
FAA Response: The FAA agrees that a airport operators to local help, including game petition for an exemption under § 139.111.
wildlife hazard assessment is only required wardens, animal control personnel, extension Comment: A commenter requests that Class
under the conditions specified in paragraph agencies, and college/university resources, as III airports be allowed additional time to
(b). well as provide information on airport comply with this section. Specifically, the
In addition, the FAA agrees that an operators that have pooled their resources and commenter requests that these airports be
assessment could mean a long-term cost for share a wildlife biologist. allowed 12 months to prepare a wildlife
an airport operator. The cost for an assessment Most of the remaining airport operators hazard assessment and an additional 6 months
will vary depending on the wildlife concerns required to conduct an assessment may need to prepare a wildlife hazard management plan.
at each airport. Typically, a survey of the a few additional days to complete their FAA Response: The FAA disagrees. No
airport and its surroundings should reveal that wildlife assessments. These airports have compliance dates were proposed in this
section because not all certificated airports (c), (d), and (f). if a wildlife hazard is close enough to aircraft
have experienced the triggering events that FAA Response: The FAA agrees. traffic patterns and the airport to trigger a
require an assessment, and for those required These errors have been corrected. wildlife hazard assessment.
to conduct an assessment, there are many Comment: A commenter questions whether Comment: Four commenters express
variables involved. the phrase ‘‘near the airport’’ in paragraph (b) concerns over the proposed requirement to use
At airports where a triggering event has should be more narrowly defined. a qualified wildlife damage management
occurred, the time to conduct an assessment FAA Response: The term ‘‘near the biologist. Some of these commenters state that
will vary for each airport operator. The length airport’’ is not defined in paragraph (b). The the required use of such a biologist would be
of time needed to complete a wildlife hazard conditions attracting wildlife to an airport are cost prohibitive because it would require
assessment will depend on the complexity of so varied that it is difficult to assign a many airport operators to hire additional
the wildlife hazard and the circumstances that specified distance from the airport within personnel or overburden USDA with requests
triggered the assessment. An assessment also which the presence of a wildlife hazard would for a qualified biologist. Another commenter
may reveal that a wildlife hazard management require an airport operator to conduct an suggests that this section be modified to allow
plan is not needed. Similarly, the time to assessment. The only defined distances are an airport operator to conduct an assessment
complete a wildlife hazard management plan those specified by statute for the siting of according to a methodology prepared by a
will be different for each airport operator. landfills near certain public airports. In wildlife damage management biologist. The
If the FAA determines there is a need for addition, other recommended distances for commenter argues that this approach would
a wildlife hazard assessment or management wildlife attractants are contained in AC permit airport operators in the same
plan, it will consult with the airport operator 150/5200–33, Hazardous Wildlife Attractants geographic area to reduce costs by jointly
to determine a reasonable completion date. On or Near Airports. contracting for the services of a qualified
Comment: A commenter notes that there As is currently the case, the FAA will biologist.
are several typographical errors in paragraphs work with each airport operator to determine
Comment: A commenter disagrees with The commenter believes this change would
FAA Response: The FAA agrees in part. proposed new paragraph (c)(5) that would provide airport operators a cost-cutting
The language of paragraph (c) has been require an airport operator to include in its alternative to hiring the services of a qualified
modified so that the qualifications for a wildlife hazard assessment recommendations wildlife damage management biologist.
wildlife damage management biologist are not made by a qualified biologist for reducing FAA Response: The FAA disagrees that
as restrictive. While the wildlife hazard wildlife hazard. This commenter believes a paragraph (c) should include information on
assessment still must be conducted by a biologist would be unfamiliar with airport using Federal or State wildlife services. The
wildlife damage management biologist, the operations and may make recommendations availability of State and local agencies varies
requirement for this individual to have a that would ‘‘not be feasible and therefore not from State to State, and information on these
Bachelor of Science degree has been deleted. necessary to include in the assessment.’’ agencies would require frequent updates to
The required biologist need only have FAA Response: The FAA disagrees. The keep it current. Therefore, it would be
professional training or experience in wildlife specialized training and experience that is impractical to place this information in the
hazards at airports. This change will give required of a qualified biologist under part regulation. As noted above, airport operators
airport operators greater flexibility in 139 should result in wildlife hazard can contact the FAA for this information.
selecting a qualified biologist. management recommendations that consider Comment: A commenter notes that there
The FAA disagrees with the airport operations. Further, the FAA’s review is no definition included in this section that
recommendation that an airport operator be and approval of the assessment will determine accurately describes what ‘‘qualified’’
allowed to conduct its assessment under the the feasibility of such recommendations and means when used in connection with the
guidance of a qualified biologist. As discussed ensure that they are appropriate for the type of term ‘‘wildlife damage management
in the proposal (65 FR 38659), the FAA has air carrier operations served. biologist.’’
determined that the potential for loss of life Comment: One commenter recommends FAA Response: A qualified wildlife
and equipment resulting from wildlife aircraft that paragraph (f)(7) be changed to allow damage management biologist is a
strikes requires persons who conduct wildlife airport personnel to be trained by an biologist that has qualifications specified
hazard assessments to have the education, individual other than the biologist required under § 139.337(c), as adopted.
training, and experience in conducting such under paragraph (c). This commenter suggests Comment: A commenter questions the
assessments. However, this section does not that initial training of airport personnel be deletion of the term ‘‘observed’’ from
prohibit airport operators from pooling conducted by the required biologist using a paragraph (b)(3). The commenter states that
resources and jointly contracting for the ‘‘train-the-trainer’’ approach. The commenter the change from ‘‘is observed to have access
services of a qualified biologist. In addition, believes this will allow airport personnel to to any airport flight pattern or aircraft
airport personnel can be used to assist the conduct any subsequent training. movement area’’ to ‘‘has access to any airport
qualified biologist in conducting the FAA Response: The FAA agrees. flight pattern or aircraft movement area’’
assessment. Paragraph (f)(7) does not prohibit the would require all airport operators to conduct
Regarding commenters’ concerns that ‘‘train-the-trainer’’ approach so long as the a wildlife hazard assessment, rather than just
USDA will not be able to comply with required biologist conducts the initial those airport operators that observe wildlife of
additional requests for a qualified biologist to training. a size or in numbers capable of causing an
conduct assessments, the FAA disagrees that Comment: A commenter recommends that aircraft strike or engine ingestion.
the USDA will be overburdened to a point paragraph (c) be revised to include provisions FAA Response: The FAA agrees the term
that it will not be able to provide such to assist airport operators in contacting and ‘‘observed’’ should be replaced in paragraph
services. The FAA works closely with USDA working with USDA. This commenter noted (b)(3). The original text of paragraph (b)(3)
to ensure biologists are available for part 139 that USDA’s expertise and resources in has been restored.
wildlife hazard assessments and has assessing, monitoring, and mitigating wildlife Comment: A commenter states that
coordinated this rulemaking with them. The hazards at airports is extensive and paragraph (b)(3) ‘‘appears to be a catchall
FAA does not anticipate that its biologist, or ‘‘constitutes the foundation upon which the justification subject to the interpretation of an
USDA’s biologists, will be overburdened due FAA bases its expertise in the subject area.’’ inspector not qualified in wildlife
to the additional airport operators needing to This commenter also suggests that the FAA assessment.’’ This commenter recommends a
conduct an assessment because of changes to ‘‘recognize the expertise and consider the ‘‘low-cost, initial overview validation’’
part resources of state wildlife agencies in conducted by a qualified individual to
139. meeting’’ the requirements of this section. determine if a hazard exists and the need for
an assessment. The FAA’s wildlife biologist also consults discussion of new or innovative wildlife
FAA Response: As discussed above, the regularly with these inspectors, as well as with hazard management methods already occurs
restoration of the original text of paragraph airport operators. when the FAA reviews wildlife hazard
(b)(3) narrows its scope. However, the FAA Comment: A commenter recommends that assessments or wildlife hazard management
does not agree with the recommended paragraph (h) include the following sentence: plans. Additionally, the FAA’s staff wildlife
alternative to a wildlife hazard assessment. As ‘‘Certificate holders are encouraged to discuss biologist participates with other professional
previously noted, many wildlife hazard potential use of new or innovative wildlife wildlife managers in developing and
assessments are the low-cost initial overview hazard management methods with the revising wildlife hazard management
recommended by the commenter. Further, Administrator, and to share results of standards and finding resolutions to aviation
FAA airport certification safety inspectors are experimental methods, in the interest of wildlife problems. This ongoing effort is
qualified to determine if an assessment is increasing public safety and wildlife hazard discussed on the FAA Internet site at
needed. The FAA trains these inspectors to management efficiency.’’
determine if a potential wildlife hazard exists. FAA Response: The FAA disagrees. Such
Proposal: This section contained existing notification system. The vast majority of
http://wildlife-mitigation.tc.faa.gov. requirements for reporting changed airfield signs required under § 139.311 are location
Comment: Two commenters express conditions to air carriers. Except for a change and direction signs. These signs are
concerns over proposed paragraph (f)(6), to the section number, the requirements of this periodically inoperative, mainly due to
which would require an airport operator to section remained substantially the same. burned out lights. Because of their large
annually review its wildlife hazard Certificate holders were still required to number, particularly at Class I airports, a
management plan. One commenter states that collect and disseminate information on the certificate holder frequently finds these signs
the annual review is excessive, especially conditions of the airport, including any inoperative during daily self-inspections and
since it could take more than a year to construction or maintenance activities, is required under § 139.311 to repair them
develop. The other commenter requests weather or animal hazards, and nonfunctional promptly.
clarification on whether an airport operator is equipment and services. All certificated However, reporting a malfunctioning
allowed to conduct its own annual review airports were required to comply with this mandatory instruction sign to air carriers is
rather than the qualified biologist. section. another matter. These signs, holding position
FAA Response: Paragraph (f)(6) requires While reporting requirements remained the signs and ILS critical area signs, convey
that the wildlife hazard management plan same, a minor change was made to clarify critical safety information, including where an
include procedures for an annual review of that a certificate holder can use notification aircraft should stop before entering an active
the plan. These procedures will not become systems other than the FAA’s pilot runway and areas where an aircraft could
effective until the plan is completed and notification system, the Notices to Airmen block the transmission of navigational
approved by the FAA. Accordingly, an (NOTAM) System. Also, the term ‘‘safety information to other aircraft. Accordingly,
annual review will not be necessary until 1 area’’ was added to paragraph (c)(2) to paragraph (c)(6) has been revised to require
year after the FAA has approved the plan. ensure that airport users are notified of certificate holders to report to air carrier
The annual review of the wildlife hazard irregularities in the safety area, in addition to tenants the malfunction of holding position
management plan must be conducted in the those in the movement area, loading ramps, signs or ILS critical area signs. This change
manner specified in the plan and as and parking areas. will ensure that air carriers are informed of
approved by the FAA. Approved References to other section numbers and either an individual or a systemic failure of
procedures to conduct this review will the term ‘‘Airport Certification these signs.
depend on the complexity of the wildlife Specifications’’ were changed to reflect Section as Adopted: This section is adopted
hazard and mitigation measures. In most proposed certification changes. Minor with changes. For the reasons discussed
instances, the FAA would permit the clarifications were proposed to clarify that above, proposed § 139.341(c)(6) (new §
airport operator to conduct its own review. the requirements of this section must be met 139.339(c)(6)) has been revised to limit the
However, a qualified biologist may be in a manner satisfactory to the FAA and that type of signs that a certificate holder must
required to review and evaluate certain the ACs contain some methods of report if found malfunctioning. The word
aspects of the wildlife hazard assessment. compliance that are acceptable to the ‘‘sign’’ has been replaced by the terms
Section as Adopted: This section is adopted Administrator. In addition, the section ‘‘holding position signs’’ and ‘‘ILS critical
with changes. For the reasons discussed number was changed to proposed § 139.341 area signs.’’ The section number also has been
above, the events triggering a wildlife hazard from § 139.339. changed to new § 139.339 from proposed §
assessment in § 139.337(b) have been revised. Comment: A commenter, a Class I 139.341, and the reference to proposed §
Editorial changes have been made to airport operator, states that it supports the 139.321, ARFF: Exemptions, in paragraph
paragraph (c), and some of the requirements changes to this section. (c)(8) has been deleted.
for a wildlife damage management biologist FAA Response: The FAA agrees. In addition, a new paragraph (d) has been
have been deleted. Similarly, editorial Comment: A commenter states that the added requiring certificate holders to maintain
changes have been made to paragraphs (d), wording of proposed § 139.341(c)(6) could be a record, for at least 12 consecutive months,
(e), and (f). interpreted to mean that the certificate holder of each airport condition report. While this
In addition, paragraph (g) has been deleted must issue a NOTAM for each individual requirement was not discussed in the
and the stipulation that the FAA will consider runway and taxiway sign that is found proposal, other similar recordkeeping
the frequency and size of air carrier aircraft in inoperative. The commenter notes that this is requirements were, and new paragraph
determining the need for a wildlife hazard unrealistic and would place a burden on the (d) mirrors these requirements.
plan has been added to paragraph (d)(3) and NOTAM System and air traffic control The FAA has determined that records of
now applies to all airport classes. personnel. airport condition reports should be retained
Subsequently, paragraph (h) has been FAA Response: The FAA agrees that the in the same manner as the records of
redesignated as paragraph (g). Finally, the language of paragraph (c)(6) is unclear. It self-inspections, as required under § 139.327.
section number has been changed to new § could be interpreted to mean the certificate Although not proposed, this change is the
139.337 from proposed § 139.339. holder must report either the malfunction of logical outgrowth of similar recordkeeping
New Section 139.339 Airport any sign required under § 139.311 or the requirements. Airport condition reports are
Condition Reporting (Proposed § malfunction of the entire sign system. typically the result of conditions found
139.341) The reporting of the malfunction of any during a self-inspection, and this change will
required sign would quickly overwhelm the ensure the recordkeeping requirements in the
two sections are consistent. keep airport condition report records and have included the cost and hours to comply with
In accordance with AC 150/5200–28, incorporated them into the follow-up process this recordkeeping requirement in its estimate
Notices to Airmen (NOTAMS) for Airport used to address discrepancies found during of initial and annual recordkeeping burden
Operators, most certificate holders already selfinspections. Accordingly, the FAA already required under the Paperwork Reduction Act.
after its publication in the Federal Register. Depending on existing operational
New Section 139.341 Identifying, Marking, procedures and emergency services, every
Section 121.590 Compliance
and Lighting Construction and Other ACM/ACS will be in varying stages of
Unserviceable Areas (Proposed § 139.343) In the conduct of operations at part 139 compliance with the final rule. Some airport
certificated airports, air carriers, and the pilots operators may need only to document existing
Proposal: This section prescribed existing used by them, may continue to operate into operational procedures to comply with the
standards for the marking and lighting of part 139 airports until these airports have new requirements. This is the case for many
construction and other unserviceable areas of obtained new or revised AOCs, as required Class I airport operators. Newly certificated
the airfield. Except for a change to the section under new § 139.101, General requirements. airport operators (Class III) may also have to
number, the requirements of this section However, at specified dates after the effective develop and document new operational and
remained the same. Certificate holders were date of the rule, air carriers and their pilots emergency procedures to comply with the
still required to light and mark any can only use those airports that have been new requirements. Class II and IV airport
construction or unserviceable areas and certificated under new part 139. operators may be required to do both.
associated equipment that may create a As specified in new § 121.590(a), air Once an airport operator submits its revised
hazard. All certificated airports serving carriers and their pilots will be prohibited or new ACM, the FAA will work with the
scheduled air carrier operations (proposed from operating at Class I airports 12 months airport operator to tailor the document to
Class I, II, and III airports) were required to after the effective date of the rule and at ensure compliance with the final rule and may
comply with this section. Class II, III, and IV airports 18 months after conduct an inspection of the airport to verify
References to other section numbers and the effective date of the rule if the operators that the ACM reflects actual airport
the term ‘‘Airport Certification of these airports have not obtained a new or conditions. The FAA also may request
Specifications’’ were changed to reflect revised part 139 AOC. To assist air carriers changes to the ACM and any procedures it
proposed certification changes. Minor in determining which airports have obtained describes.
clarifications were proposed to clarify that a new or revised AOC, the FAA’s Airport Airport operators may continue to serve air
the requirements of this section must be met Safety and Operations Division (AAS–300) carrier operations as they currently do until
in a manner satisfactory to the FAA and that will provide information on the certification the deadline for submitting new or revised
ACs contain some methods of compliance status of part 139 airports on its Web site at ACM’s to the FAA. After this date, airport
that are acceptable to the Administrator. In http://www.faa.gov/arp/. operators that have not submitted their ACM
addition, the section number was changed for approval will no longer be able to serve
from § 139.341 to proposed § 139.343. Part 139 Compliance
applicable air carrier operations. Airport
Comment: No comments were Any airport operator that desires to serve operators that have submitted either a new
received on this section. applicable air carrier operations must comply ACM or an update will be contacted by the
Section as Adopted: This section is adopted with the requirements of this final rule. The FAA to determine if additional action is
with two minor changes. The word action required by an airport operator to needed and to what extent they can continue
‘‘reporting’’ in the section title has been comply will vary depending on the type of air to serve air carrier operations until a new
changed to ‘‘lighting’’ to more accurately carrier operations served and whether the certificate is issued.
reflect the requirements of this section. In airport operator currently holds a part 139
Currently Certificated Airports
addition, the section number was changed to AOC, as well as the individual airport’s
new § 139.341 from proposed § 139.343. ACM. All airport operators that hold an existing
New Section 139.343 Noncomplying Operators of currently certificated airports AOC will be reclassified as Class I airports
Conditions (Proposed § 139.345) are not required to reapply for an AOC. The (airports serving scheduled operations of
FAA will issue new part 139 AOCs to all large air carrier aircraft). These airport
Proposal: This section contained existing current certificate holders, as appropriate. operators have 6 months from the effective
requirements for certificate holders to restrict For most current certificate holders, this will date of this final rule to submit revisions to
air carrier operations in those areas of the involve updating their existing ACM to their ACM’s for FAA approval.
airport that have become unsafe and no incorporate several new elements. The All airport operators that hold an existing
longer comply with the requirements of remaining certificate holders may be Limited Airport Operating Certificate will be
subpart D of part 139. Operators of all required to comply with certain reclassified either as Class II airports (airports
proposed airport classes were required to requirements for the first time or to extend serving scheduled operations of small air
comply with this section. Except for a change existing part 139 services to cover additional carrier aircraft and unscheduled operations of
to the section number, the requirements of air carrier operations. large air carrier aircraft) or Class IV airports
this section remained the same. The section The final rule requires all covered (airports serving unscheduled operations of
number was redesignated from § 139.343 to airport operators to submit an ACM large air carrier aircraft). The operators of
proposed § 139.345. tailored to each airport for the FAA’s these airports will have to convert their
Comment: No comments were approval. The ACM is a written document existing ACS into an ACM. They will have 12
received on this section. that details how the airport operator will months from the effective date of this final
Section as Adopted: The section comply with the requirements of part 139. rule to submit the revised document to the
number has been changed to new § Airport operators that currently hold an FAA for approval. In addition, operators of
139.343 from proposed § 139.345. AOC already have an ACM. Airport Class II and IV airports have additional time
Otherwise, the section is adopted as operators that currently hold a limited to comply with new sign, ARFF, and
proposed. AOC have a modified version of an ACM, emergency planning requirements and may
Final Rule Compliance known as an airport certification request additional compliance time.
specification (ACS). Under the final rule,
This final rule becomes effective 120 days all ACSs must be converted to ACMs.
Uncertificated Airports Airports serving scheduled operations of
small air carrier aircraft will be newly Airports Located in the State of Alaska Government
certificated as the result of this final rule.
The statutory authority covering the Airports operated by the U.S. Government
Operators of these airports, designated as
certification of airports that serve scheduled will no longer be certificated under part 139.
Class III airports, that want to continue to
operations of small air carrier aircraft is not However, they may still continue to serve air
serve such air carrier operations are now
applicable to Alaskan airports. As noted in the carriers operations, as set out in § 121.590. As
required to have an AOC and must initiate the
proposal (65 FR 38639), airports in the State stated in the proposal (65 FR 38641), the FAA
application process as prescribed in §
of Alaska that serve large air carrier does not have the statutory authority to
139.103. This process is explained in more
operations will continue to be certificated regulate airports operated by U.S.
depth in the proposal (65 FR 38637).
under part 139 as Class I or IV airports. Government agencies, and corresponding
Operators of Class III airports have 12 months
Accordingly, the compliance dates in the final changes to § 121.590 will now permit air
from the effective date of this final rule to
rule for these airport classifications will apply. carriers to use U.S. Government operated
submit their new ACM to the FAA for
Otherwise, there are no part 139 applications airports that are not certificated under part
approval. Similar to Class II and IV airport
for those airports in the State of Alaska that 139.
operators, Class III airport operators have
only serve scheduled operations of small air
additional time to comply with new sign,
carrier aircraft.
ARFF, and emergency planning requirements
and may request additional compliance time. Airports Operated by the U.S.
the annual and recurring recordkeeping and requirements, the FAA issues to that facility
Paperwork Reduction Act reporting burdens have been adjusted an AOC that permits an airport to serve large
accordingly. air carriers. The FAA periodically inspects
As required by the Paperwork Reduction The NPRM estimate of respondents has these airports to ensure continued compliance
Act of 1995 (44 U.S.C. 3507(d)), the FAA changed slightly from 606 airport operators to safety requirements, including the
has submitted a copy of these sections to the 603 airport operators. The likely respondents maintenance of specified records. Both the
Office of Management and Budget for its to recordkeeping and reporting requirements application for an AOC and compliance
review. The collection of information was contained in the final rule are those civilian inspections (typically conducted on an annual
approved and assigned OMB Control U.S. airport certificate holders who operate basis) require regulated airport operators to
Number 2120–0675. airports that serve scheduled and unscheduled collect and report certain operational
This final rule revises current airport operations of air carrier aircraft with more information.
certification requirements in 14 CFR part 139 than 30 passenger seats (approximately 566 In addition, this final rule requires operators
and establishes certification requirements for airports). These airport operators already hold of certificated airports to develop and comply
airports serving scheduled air carrier a part 139 AOC and comply with most of the with a FAA-approved ACM, in manner
operations in aircraft with more than 9 information collection requirements required similar to what was previously required. The
passenger seats but less than 31 passenger in the final rule. Certain airport operators not ACM details how an airport complies with the
seats. The final rule also clarifies existing currently certificated by the FAA also will be requirements of part 139 and includes other
requirements, incorporates existing industry required to apply for a certificate under this instructions and procedures to assist airport
practices, and responds to an outstanding rule if they want to continue to serve certain personnel in performing their duties and
petition for rulemaking and certain NTSB air carriers. These airports, approximately 37 responsibilities.
recommendations. airports, serve scheduled operations of air Under this rule, the FAA continues to
Similar to how the FAA currently carrier aircraft designed for more than 9 require that the AOC remain in effect as long
certificates airports, this final rule requires passenger seats but less than 30 passenger as the need exists and the operator complies
airport operators that choose to be seats. with the terms of the AOC and the ACM.
certificated under part 139 to document and While many part 139 reporting and Certain changes in the operation of the airport
implement procedures for complying with recordkeeping requirements remain must be reported to the FAA for information
part 139 safety and operational requirements. substantially unchanged, additional or approval. If the airport operator believes
To accommodate variations in airport layout, information collections have been adopted in that an exemption is needed to commence
operations, air carrier service, and other local this final rule. Both existing and new airport operations, justification for and the
considerations, compliance procedures will requirements are necessary to allow the FAA’s approval of the exemption is required
be tailored to each airport operator when FAA to verify compliance with proposed for issuance of the AOC. The operator may
complying with more burdensome part 139 safety and operational request the FAA’s approval of changes to the
requirements. requirements. AOC or ACM, or an exemption from part 139
Several sections of the proposal had This final rule constitutes a recordkeeping requirements, by submitting justification and
recordkeeping and reporting requirements. and reporting burden for operators of airports documentation. Also, the FAA Administrator
Comments received on these requirements are certificated under part 139 because the FAA may propose changes to the AOC or ACM,
addressed previously in the appropriate will continue to require operators of and the airport operator may submit contrary
section-by-section analysis. Several certificated airports to comply with certain evidence of argument concerning the
modifications were made to recordkeeping safety requirements prior to serving certain proposed changes.
and reporting requirements in the final rule as air carrier aircraft. When an airport
the result of comments received. As a result, satisfactorily complies with these
The frequency of collection would The Initial reporting hours Initial recordkeeping hours Annual reporting hours
FAA refined its NPRM estimate hold a part New part 139 sections
139 AOC and for those vary depending on the Currently Newly Currently Newly Currently Newly
certificated certificated certificated certificated Certificated certificated
type of of initial and annual hourly burden to
airports that will be newly certificated:
information collected, the size of the
respondents, as detailed in the respondent’s
airport, and the type of air following table.
Burden hours are listed carrier operations
served. separately for airports that currently
139.103 00000 296 0 0 0 000000 000000 000000 16 32 5 592 000000 0 0 0 592
Subtotal ..................... 24,200 2,424 26,076 6,956 16 1,845
............................ 22,640 0 1,480 0 0 9,056 0 0 0 592 0 0 888 000000 0 1,184 0 0 13,569 520 0 0 340
139.111 1,560 0 0 0 Totals 260 5,200
648 0 0 0 0 ........................ 296 1,480
26,624 0 0 16 0 0 0 33,032
0000 0 0 2,264 2,035
216 1,861
............................ 00000 0000 2,080 8,960 592 2,960 0 16 0 3,120 555 148
139.113 0 520 148 59,656 13,520 560 3,848
888 52,993
............................ 3,424 3,250 185 1,173
139.201 925
............................
139.203
............................
139.205
............................
139.303
............................
139.313
............................
139.317
............................
139.319
............................
139.321
............................
139.325
............................
139.327
............................
139.329
............................
139.337
............................
139.339
............................
disparities in airport size and aircraft costs. The estimate of the total initial
The estimate of the total initial reporting operations served. The labor burden is reporting and recordkeeping cost burden for
and recordkeeping hourly burden for the final estimated on an annual basis. the final rule is $1,536,738 (an increase of
rule is 59,656 (an increase of 15,296 hours Operations/maintenance labor accounts for $394,025 from the NPRM estimate). The
from the NPRM estimate). The annual hourly an estimated 70 percent of the hours, and annual cost burden is $1,356,098 (an increase
burden is 52,993 (an increase of 223 hours clerical labor makes up the other 30 percent. of $5,743 from the NPRM estimate).
from the NPRM estimate). Burden hours are Cost per hour is estimated at $26 for An agency may not conduct or sponsor
estimated as the number of reports and operations/ maintenance labor and $14 for and a person is not required to respond to a
records made by each respondent. This figure clerical labor. Other expenses, such as general collection of information unless it displays a
varies yearly, as does the average time per and administrative costs, overhead costs, and currently valid OMB control number.
response. These variations are largely due to other indirect costs are estimated at
approximately 15 percent of the direct labor
Changes to Federal regulations must State, local, or tribal governments, in the
International Compatibility undergo several economic analyses. First, aggregate, or by the private sector, of $100
Executive Order 12866 directs that each million or more annually (adjusted for
In keeping with U.S. obligations under the Federal agency shall propose or adopt a inflation).
Convention on International Civil Aviation, it regulation only upon a reasoned determination
is the FAA policy to comply with In conducting these analyses, the FAA has
that the benefits of the intended regulation
International Civil Aviation Organization determined that the economic impact of this
justify its costs. Second, the Regulatory
(ICAO) Standards and Recommended rule will generate benefits that justify its costs,
Flexibility Act of 1980, as amended, requires
Practices to the maximum extent practicable. does meet the standards for a ‘‘significant
agencies to analyze the economic impact of
The FAA determined that there are no ICAO regulatory action’’ as defined in the Executive
regulatory changes on small entities. Third,
Standards and Recommended Practices that Order, and is significant as defined by the
the Trade Agreements Act (19
correspond to these regulations. Department of Transportation’s Regulatory
U.S.C. 2531–2533) prohibits agencies
The Joint Aviation Authorities, an Policies and Procedures. The rule, therefore,
from setting standards that create
associated body of the European Civil is subject to review by OMB. The FAA has
unnecessary obstacles to the foreign
Aviation Conference, develop Joint Aviation determined that this rule will not constitute a
commerce of the United States. In
Requirements (JAR) in aircraft design, barrier to international trade and does not
developing U.S. standards, this Trade Act
manufacture, maintenance, and operations contain a significant intergovernmental or
also requires agencies to consider
for adoption by participating member civil private sector mandate. The agency has
international standards and, where
aviation authorities. The JAR does not concluded that the rule will have a significant
appropriate, use them as the basis of
address airport certification. impact on a substantial number of small
U.S. standards. And fourth, the Unfunded
entities and has prepared a final regulatory
Regulatory Evaluation, Regulatory Mandates Reform Act of 1995 requires
flexibility analysis. These analyses, available
Flexibility Determination, International agencies to prepare a written assessment of
in the docket, are summarized below.
Trade Impact Assessment, Federalism, and the costs, benefits, and other effects of
Unfunded Mandates Assessment proposed or final rules that include a Federal
mandate likely to result in the expenditure by
operations in aircraft with 10 or more serving scheduled air carrier operations,
In 1995, the FAA issued regulations aimed passenger seats. Since then, Congress has conducted in small aircraft. In 2000, the FAA
at ensuring safety in scheduled air carrier authorized the FAA to certificate airports issued an NPRM to revise the airport
certification process and to establish certificated. As specified in the authorizing procedures for complying with part 139 safety
certification requirements for these airports. statute, airport certification requirements will and operational requirements. To
Under this revised certification process, not be applicable to airports located in the accommodate variations in airport layout,
certificated airports will be reclassified into State of Alaska that only serve scheduled operations, air carrier service, and other local
four new classes, Class I–IV, based on the operation of small air carrier aircraft. considerations, the rule requires that
type of air carrier operations served. Class I, Similar to how the FAA currently compliance procedures be tailored to each
II, and IV airports will be those airports that certificates airports, the rule requires airport airport operator when complying with the
currently hold AOCs, and Class III airports operators choosing to be certificated under more burdensome requirements.
will be those airports being newly part 139 to document and implement
installation of safety areas at certificated lives and reduce injuries. Perhaps the clearest
Benefits airports will result in more safety in air example of that was an accident that occurred
transportation. at Los Angeles International Airport on
The expected benefits of this rule include The following is a good example of the February 1, 1991. This tragedy involved the
reducing fatalities, injuries, and property potential benefits from runway safety areas. collision of a U.S. AIR 737–300 and a
damage at airports with certain scheduled and On May 8, 1999, a SAAB 340 aircraft overran Skywest Metro on Runway 24L. The crew
unscheduled air carrier operations. This is a runway at New York’s John F. Kennedy and 10 passengers on the Metro were killed,
expected to be particularly true at airports International Airport. The airport had recently as were some of the crew and 20 passengers
serving scheduled air carrier operations installed arresting material in compliance with on the 737–300. However, the NTSB
conducted in common carrier aircraft part 139 safety area requirements that resulted credited the part 139-required emergency
designed for more than 9 passenger seats but in the airplane stopping 50 feet short of response for saving lives.
less than 31 passenger seats (smaller aircraft). Thurston Bay. The incident resulted in very A major safety provision of the final rule is
This rule affects all currently certificated little damage to the aircraft and one minor that it will extend the required availability of
airports and an estimated 37 additional passenger injury. In sharp contrast, an emergency response services and equipment
airports that are currently uncertificated. accident occurred on the same runway in at every landing and takeoff of scheduled air
Accordingly, benefits are expected to accrue 1984, before the arresting material was carrier aircraft with 10 to 30 seats. This
at all four classes of certificated airports installed, resulted in an SAS DC–10 aircraft capability is required now for air carrier
created under this rule. Several different types running into the bay. This accident resulted in operators with more than 30 seats, and, as
of safety improvements are expected. These multiple passenger injuries and extensive discussed earlier, there is evidence that lives
involve the: airplane damage. have been saved and injuries prevented or
(1) Prevention of accidents or reduced as a result. In some cases, this
collisions because of nonstandard or Emergency Response Services and
protection may not currently be available for
inadequate signs, markings, and lighting and Equipment
small aircraft operations at airports served by
traffic and wind direction indicators; An important safety benefit of this final large air carrier aircraft. For example, an
(2) Mitigation of accident damages rule is more widespread availability of accident that occurred at Quincy, Illinois (a
by improving runway safety areas at certain emergency response services and equipment. Class I airport) on November 19, 1996 might
airports; These services are used to respond to airport have been mitigated had ARFF been on site
(3) Mitigation of accidents as a emergencies, including aircraft accidents, during the departure of a small air carrier
result of expanding ARFF coverage to medical emergencies in the terminal aircraft.
additional air carrier operations; building and aircraft fueling fires or spills. This accident involved the collision of a
(4) Prevention and mitigation of Part 139 accident mitigation requirements United Express Beech 1900C (a small
fires at airport fuel farms; provide a comprehensive response to aircraft aircraft) and a Beech King Air (a general
(5) Prevention and mitigation of accidents, and other emergencies. For aviation aircraft) during the ground
accidents caused by snow and ice example, required alarm and communication operations of the two aircraft. These
accumulation; and systems ensure that both ARFF and airport aircraft collided at the intersection of two
(6) Prevention and mitigation of personnel are notified promptly of an runways. At the time of the accident, there
wildlife problems as a result of improved accident, and alert other necessary emergency were no large air carrier aircraft operations
procedures for wildlife hazard management. service providers in the local community (i.e., in progress or imminent, and,
paramedic, police, ambulance service and consequently, the airport operator was not
A brief discussion of benefits is hospitals). Similarly, accident mitigation required to provide emergency response
included below. A more extensive measures ensure other needed emergency services, and these services were not on
discussion is contained in the full services are provided, including security and the site. When required, emergency
regulatory evaluation in the docket. crowd control, removal of disabled aircraft response services, including ARFF, were
Runway Safety Areas and other debris from movement areas, provided by the fire department, whose
transportation and facilities for uninjured and personnel would come to the airport from
This rule will require that Class III injured persons, and storage of deceased an offsite location to staff emergency
airports meet safety area requirements for persons. All of these measures contribute to a equipment during the operations of large
the first time. These airports have been comprehensive emergency response that air carrier aircraft. All 10 passengers and 2
encouraged to install safety areas for over 10 mitigates the loss of passenger lives and crew members aboard the United Express
years, and many have done so through property, prevents injury to responding Beech 1900C and the two occupants
Federal airport funding programs. Although personnel, and protects air carrier aircraft and aboard the King Air were killed as a result
the rule will not require immediate the public from unsafe conditions. of post crash fires.
installation of these safety facilities at any There is ample evidence that part 139
class of airports, over time the eventual accident mitigation requirements can save
occupants of the Beech 1900C did have the Accident Report— Runway Collision United
The NTSB found that the speed with which opportunity to escape, but could not open Express Flight 5925 and Beechcraft King Air
the fire enveloped the King Air, and the external doors. The NTSB concluded, ‘‘if A90— Quincy Municipal Airport, Illinois—
intensity of the fire, precluded the on-airport ARFF protection had been required November 19, 1996—NTSB AAR–97/04,
survivability of the occupants. However, the for this operation at Quincy Airport, lives P.51.)
might have been saved.’’ (NTSB Aircraft Based on this accident history, a risk
assessment provides a reasonable quantified Snow and Ice Control wildlife strikes that will otherwise occur.
estimate of the potential value of part 139 At Class III airports between 1991 and
Another safety benefit is expected from
emergency response requirements. The final 1997, there were 10 reported wildlife strikes
improved snow and ice control, which will
rule will extend these emergency services to involving 19-passenger seat Beech-1900
reduce the potential for snow- and
passengers traveling in air carrier aircraft with aircraft (22 potential total occupants). The
ice-related accidents. On March 17, 1993, a
10 to 30 passenger seats. For an accident in a FAA values each prevented fatality to be $3
BAC–BA-Jetstream 3101 aircraft was
30 passenger seat aircraft occupied at 60 million. FAA cost estimates for injuries range
making a night instrument approach to
percent of capacity (the industry average), the from $38,500 for a minor injury to $521,800
Raleigh County Memorial Airport in
expected benefits equal $63 million based on for a serious injury. It is likely that without
Beckley, WV. Because the runway was not
21 potentially prevented fatalities (18 mitigation the past 10 or more wildlife strikes
properly plowed, and berms of snow
passengers and three crew members) to aircraft will reoccur at Class III airports,
concealed the runway lights at ground level,
multiplied by $3 million per prevented affecting 10 to 130 aircraft occupants. It is not
the captain lost control after touchdown, and
fatality. While $63 million is the expected unreasonable to expect that 10 percent of
the airplane sustained substantial damage.
benefit over a ten year horizon, using the these occupants will incur minor to serious
This rule will require Class II and III
Poisson distribution with a mean of one injury and that several may die as result of a
airports to develop tailored snow and ice
accident over a ten-year period, there is a 26 wildlife strike. The FAA estimates that the
control plans. Class I airports are already
percent chance of two or more such accidents minimum potential averted cost is several
required to have such plans, and Class IV
with a value in excess of $100 million. hundred thousand dollars; yet just one fatal
airports are not required to have such plans.
accident raises the preventable cost to $3
Fuel Storage Fires Although many of these classes of airports
million.
already have procedures for snow and ice
Another expected benefit of this rule is With the structured approach of the final
removal, this rule will formalize consistent
prevention/mitigation of fuel storage fires. rule to resolving wildlife strikes to aircraft, it
plans across all airports with scheduled air
The rule requires all classes of airports to is very reasonable to expect that each airport
carrier services. The FAA concludes that this
address fuel storage fires in their disaster solution will be one where the benefits exceed
low-cost requirement to standardize responses
plans. This will better prepare airports to the costs, and in some cases, the net benefit
to snow and ice conditions at certificated
prevent and/or extinguish the kind of fire that may be substantial. Airport improvements to
airports will significantly help prevent the
occurred at the Stapleton International reduce wildlife hazards will ultimately
kind of accident discussed above.
Airport in Denver, CO, on November 25, provide a safer environment for all civil
1990. That fire erupted on a fuel farm about Wildlife Hazard Management aircraft operations. Given the growing
1.8 miles from the main terminal and burned population of certain wildlife, the increasing
The expected benefit of this section of this
for 48 hours, destroying about 3 million number of aircraft operations and the history
final rule is the reduction of wildlife hazards
gallons of fuel. Flight operations of a major of reported wildlife strikes, potential benefits
to air carrier operations. Airports not currently
air carrier were disrupted due to the lack of for just the newly certificated airports (37
certificated by the FAA are not required to
fuel, and the air carrier estimated total damage Class III airports) range from a low of several
meet part 139 wildlife hazard management
to have reached between $15 and $20 million. million dollars (from damage and injuries
requirements. At some of these airports,
The NTSB concluded that the City and avoided) to an estimate in excess of $10
wildlife hazards already exist that under the
County of Denver (the airport certificate million.
final rule will require the airport operator to
holder) and the fire department, in The benefits of the wildlife strike
conduct a wildlife assessment and possibly the
particular, apparently had not considered provision of the final rule extend beyond all
implementation of a wildlife hazard
the possibility of a fire of this type since no Class III airports to all certificated airports.
management plan. The expansion of wildlife
procedures or contingency plans were in However, the wide range of possible
hazard management requirements to these
place. The FAA has determined that compliance methods forestall a reasonable
airports is intended to ensure that all airport
contingency plans that cover the possibility range estimate of net benefits. It is very
certificate holders serving scheduled air
of a major fuel farm fire could result in reasonable to expect that wildlife
carriers address wildlife hazards in a
similar fires being extinguished much preventative action at each certificated
consistent and effective manner. Accordingly,
sooner, perhaps resulting in considerably airport will have benefits in excess of costs
the FAA expects to reduce the number of
less damage. with system-wide benefits in the millions.
and ice control; marking, signs, and lighting; capability, are intended to mitigate accidents
Costs and wildlife hazard management—are should they occur.
intended to prevent accidents. Other
Some of the requirements of this rule that requirements, such as emergency planning
will impose costs—such as improved snow and improved emergency response
$46 million. Based on the comments received, result of this rule.
When the FAA published the NPRM the the FAA increased the estimated costs for the
The major items of this rule that are
agency estimated that the present value of the final rule, primarily to allow for ARFF costs
expected to impose costs are summarized
10-year costs of the proposed rule was about at airports that will be newly certificated as a
below:
Risk Reduction Items (Subpart D—Operations): Personnel; Records; Marking, Signs, and Lighting;
Program Total—Current Dollars .......................................................
Snow and Ice Control; Handling and Storing of Hazardous Substances and Materials; Traffic and Wind
Direction Indicators; Self-Inspection Program; Access to Movement Areas and Safety Areas; Wildlife
Hazard Management ...................................................................................................................
Initial/capital Annual recurring
Major cost items Mitigation Items (ARFF, Airport Emergency Plan) $1,495,316
costs costs
...................................................................................... 2,719,242
The FAA has made an effort not to requirements tailored to its individual
The FAA estimates that the present value underestimate costs. As a result, the estimated situation. In the application of this rule, each
of the 10-year cost of this rule is $73.4 costs of this rule may be high because it is airport (particularly the new Class III airports)
million. A more detailed description of how largely based on assumed average costs being may have already complied with this rule, or
these costs were estimated is contained in applicable to all airports in each class, when may receive relief from certain aspects of this
the full regulatory evaluation. in actuality each airport will have rule under the exemption provisions.
Benefit-Cost Comparison burdensome, or impractical. the benefits of the final rule justify the costs.
The FAA estimates that one or more
The estimated benefits and costs herein Final Regulatory Flexibility Analysis
accidents that will be mitigated by compliance
assume that the average airport incurs the full (FRFA)
with emergency response requirements of the
compliance cost and that the traveling public
final rule will result in an estimated benefit The Regulatory Flexibility Act of 1980
and society receives the associated benefit.
ranging from $63 million to well in excess of (RFA) establishes ‘‘as a principle of
Much of the difficulty to accurately assess the
$100 million. The FAA is not providing a regulatory issuance that agencies shall
expected benefit and cost of this regulation is
single dollar value for the total benefits of the endeavor, consistent with the objective of the
the complex nature of compliance with part
final rule because the range of the possible rule and of applicable statutes, to fit
139 requirements. Each airport is unique with
compliance methods is too great and regulatory and informational requirements to
potentially different methods used by the
complying with risk reduction and accident the scale of the business, organizations, and
airport operator to comply with part 139
mitigation requirements may require multiple governmental jurisdictions subject to
requirements. Further, there are very
actions. The FAA does note that the benefits regulation.’’ To achieve that principle, the
significant Federal policies in place to
estimate is conservative and the potential error RFA requires agencies to solicit and consider
mitigate the economic impact of the final rule.
in assessing the benefits will be to flexible regulatory proposals and to consider
These policies are discussed in length in a
underestimate total benefits. the rationale for their actions. The RFA covers
separate Report to Congress. This Report
The FAA estimates that the present value a wide range of small entities, including small
discusses the economic impact of the final
of the 10-year cost of this final rule is about businesses, not-for-profit organizations, and
rule on air service to Class III airports.
$73.4 million. This estimate is likely to be small governmental jurisdictions.
As discussed in the Report to Congress,
high because it is based on assumed average
several factors may help to mitigate part 139 Agencies must perform a review to
costs across all airports in each airport class.
compliance costs. First, Congress has directed determine whether a proposed or final rule
In the application of this rule, each airport
the FAA to set aside $15 million of AIP funds will have a significant economic impact on a
may already be in compliance with all or
for certain capital expenditures that may be substantial number of small entities. If the
certain requirements of this final rule, or
required by the final rule for four fiscal years. determination is that it will have such an
may receive relief from certain aspects of
Second, the FAA will assist airport operators impact, the agency must prepare a regulatory
the rule through alternate means of
to obtain additional Federal funds, as flexibility analysis as described in the RFA.
compliance or the exemption process.
appropriate. Third, at approximately However, if an agency determines that a
Thus, the FAA believes that numerous
two-thirds of these newly certificated airports proposed, or final, rule is not expected to have
safety benefits will result from the multiple
(Class III airports), air carriers also receive a significant economic impact on a substantial
provisions in the final rule. These benefits will
federal EAS subsidies, so the Federal number of small entities, section 605(b) of the
reduce the risk of future accidents and
government will probably absorb most, if not 1980 RFA provides that the head of the
mitigate loss if another accident occurs. As
all of the cost of the rule through increased agency may so certify and a regulatory
noted above, the total cost estimate is
subsidies to air carriers. Fourth, if Federal, flexibility analysis is not required. The
conservative and does not include a host of
state and local funding is not adequate, the certification must include a statement
policies and available funding designed to
FAA will seek alternative means of providing the factual basis for this
reduce the compliance cost of the final rule.
compliance with part 139 requirements or will determination, and the reasoning should be
Consequently, in view of the moderate costs
use its statutory authority to grant exemptions clear.
and potential benefits, the FAA concludes that
from requirements that would be too costly,
authority (49 U.S.C. 44706) was broadened proposed rule as a result of such comments.
This rule will affect publicly owned by the Federal Aviation Administration There were a substantial number of comments
airports. When the population of a public Reauthorization Act of 1996 to allow the FAA received from operators of airports serving
airport-owning entity is less than 50,000, it is to certificate airports, with the exception of small air carrier operations concerned about
considered a small entity. Based upon the those located in the State of Alaska, that serve the financial burden that the proposed rule
above review, the FAA concludes that this any scheduled passenger operation of an air would place on them. In particular these
final rule will have a significant economic carrier operating aircraft designed for more commenters are concerned about personnel
impact on a substantial number of small than 9 passenger seats but less than 31 costs to comply with proposed ARFF
entities. Accordingly, the following final passenger seats. The FAA’s existing authority requirements.
regulatory flexibility assessment was prepared to certificate airports serving air carrier In response to public comments, several
as required by the RFA. operations conducted in aircraft with more changes were made to the final rule. A
than 30 seats remained unchanged. primary change is that the sections of the
Issues To Be Addressed in a Final With this rule, the FAA intends to extend proposed rule that dealt with obtaining an
Regulatory Flexibility Analysis airport certification standards to airports exemption from the ARFF requirements have
The central focus of a final regulatory serving scheduled air carrier operations been clarified for the final rule. The final rule
flexibility analysis, like the initial regulatory conducted in aircraft designed for more than is more explicit in describing how to apply for
flexibility analysis (IRFA), is the requirement 9 passenger seats but less than 31 passenger an exemption. The FAA believes that the
that agencies evaluate the impact of a rule on seats. exemption provision will result in actual
small entities and analyze regulatory The primary objective of this final rule is to compliance costs that are substantially less
alternatives that minimize the impact when ensure safety in air transportation by than those estimated in the final regulatory
there will be a significant economic impact on regulating the operation and maintenance of evaluation. The agency was not able to
a substantial number of small entities. airports serving certain scheduled air carrier quantify the reduction in compliance costs
The five requirements, outlined in section operations. The rule is necessary to prevent resulting from possible exemptions. However,
604(a)(1–5) of the 1980 RFA, are listed and future accidents similar to those that have it should be noted that all requirements of part
discussed below: recently occurred and to mitigate fatalities and 139 will be tailored to each airport through the
(1) A succinct statement of the need for, injuries when accidents do occur. ACM. In addition, the time period to
and objectives of, the rule. Before 1996, the (2) A summary of the significant issues accomplish some requirements, such as the
FAA’s statutory authority to certificate raised by the public comments in response to preparation of the ACM, was extended,
airports was limited to those airports serving the IRFA, a summary of the assessment of the especially for the smaller airports.
air carrier operations using aircraft with more agency of such issues, (3) A description of, and an estimate
than 30 passenger seats. However, this and a statement of any changes made in the of the number of, small entities to which the
rule will apply or an explanation of why no entity, the FAA estimates the average initial practices and technology have changed
such estimate is available. The Small hours required to set up a recordkeeping significantly. Subsequently, the FAA
Business Administration (SBA) classifies all system will be 70 hours and expects a monitored the effectiveness of part 139 and
airports that are operated under the airport continuing additional paperwork requirement has taken this opportunity to update part 139
ownership of a public entity with a population of about 90 hours annually. requirements.
of 50,000 or less as small entities. Using the (5) A description of the steps the agency The FAA initiated this rulemaking to
SBA’s definition of a ‘‘small’’ public entity, has taken to minimize the significant ensure safety in air transportation at airports
there are more than 200 small entity airports economic impact on small entities consistent serving small air carrier operations, fully
that will be affected by this rule. Most of the with the stated objectives of applicable appreciating the financial limitations of these
small entities are expected to be Class I statutes, including a statement of the factual, airports. In 1996, Congress authorized the
airports (more than 100 are small entities), policy, and legal reasons for selecting the FAA to certificate airports serving small air
which are already certificated under part 139. alternative adopted in the final rule, and why carrier operations to ensure further safety at
The largest economic impact is expected to each one of the other significant alternatives airports providing scheduled air service. This
occur to the Class III airports (approximately to the rule considered by the agency that was the same year that all occupants died in a
25 are small entities), which would be newly affect the impact on small entities was collision of a United Express Beech 1900C
certificated under the final rule. rejected. The FAA extensively considered (under 30 seat air carrier aircraft) and a Beech
(4) A description of the projected several alternatives, described in the IRFA, King Air (a general aviation aircraft). The
reporting, recordkeeping, and other and determined that the alternative chosen for NTSB concluded that ‘‘* * * if on-airport
compliance requirements of the rule, the NPRM was the only alternative that was ARFF protection had been required for this
including an estimate of the classes of small relatively affordable and achieved the safety operation at Quincy Regional Airport, lives
entities that will be subject to the requirement objectives of the proposed rule. This initial might have been saved.’’
and the type of professional skills necessary alternative was subjected to public scrutiny An industry/FAA evaluation of possible
for preparation of the report or record. The during the comment period of the NPRM regulatory alternatives for the certification of
final rule will create additional reporting or process. The comments received were airports serving small air carrier aircraft
recordkeeping requirements beyond those responded to, as described above, and this concluded that there exists a need to require at
already specified in existing part final rule is the selected alternative. least some minimum level of both risk
reduction and accident mitigation measures at
Extended Discussion of the Rule Comments
139. For each airport, the preparation of this airports during operations of smaller air
on Affordability and Safety
documentation may involve the airport carrier airplanes.
manager, operations and maintenance The last major revision of part 139 occurred
personnel, and clerical staff. For each small in November 1987. Since then, industry
impact of this rule. One is that the Airport carrier operations. There will not be a blanket
The FAA recognizes the need to provide Improvement Program (AIP) funding (often exemption for airports with infrequent or
some flexibility in the implementation of supplemented by state grants) is available for smaller air carrier operations, nor will the
certain safety measures at airports with certain capital expenditures that may be agency relieve an airport from the obligation
infrequent air carrier service or where local required by the rule such as firefighting to provide some level of ARFF coverage.
resources are severely limited. Airports in equipment, airport marking and signs.
Summary
smaller communities do not always have the Another avenue is the Essential Air Service
resources to support their airports at the same (EAS) Program. For Class III airports that are After considering the alternatives for the
level as large metropolitan areas without owned by small communities, serve a limited certification of airports serving small air
adversely affecting other community services number of passengers, and operate at a loss, it carrier operations and alternatives for
and infrastructure. is likely that much of the final actual costs to updating part 139 (as specified in the IFRA),
There are other mitigating factors. The the airport would be passed on to the air the FAA determined that this rule is necessary
FAA permits alternate means of compliance carriers. At airports where carriers receive to ensure safety in air transportation.
to accommodate local conditions and uses its EAS subsidies (approximately two-thirds of However, to accommodate variations in
statutory authority to grant exemptions from all Class III airports) the Federal Government airport size and operation, the FAA may allow
part 139 requirements, as appropriate. This will probably absorb most, if not all, of the alternative means of compliance with part 139
statutory authority requires the FAA to ensure cost of the rule through increased subsidies. requirements. This will allow the most cost
that an airport it certificates provides for the By tailoring compliance to accommodate effective and flexible method of ensuring
operation and maintenance of adequate safety local conditions, and/or making use of the safety to be employed at all covered airports
equipment. statutory exemption, the FAA will maintain while providing for the special needs of small
There are several methods available to the necessary oversight of ARFF, while entities.
small-entity airports to mitigate the economic ensuring that the ARFF requirements are
appropriate for the airport size and type of air
FAA has assessed the potential effect of this in a proposed or final agency rule that may
International Trade Impact Assessment final rule and has determined that it will have result in the expenditure of $100 million or
only a domestic impact and therefore create more (adjusted annually for inflation in any
The Trade Agreement Act of 1979 prohibits no obstacles to the foreign commerce of the one year) by State, local, and tribal
Federal agencies from engaging in any United States. governments (in the aggregate) or by the
standards or related activities that create private sector. Such a mandate is deemed to
unnecessary obstacles to the foreign Unfunded Mandates Reform Act
be a ‘‘significant regulatory action.’’
commerce of the United States. Legitimate The Unfunded Mandates Reform Act of This final rule does not contain such a
domestic objectives, such as safety, are not 1995 (2 U.S.C. 1532–1538) is intended, mandate. Therefore, the requirements of Title
considered unnecessary obstacles. The statute among other things, to curb the practice of II of the Unfunded Mandates Reform Act of
also requires consideration of international imposing unfunded Federal mandates on 1995 do not apply.
standards and, where appropriate, that they be State, local, and tribal governments.
the basis for Executive Order 3132, Federalism
Title II of the Act requires each Federal
U.S. standards. agency to prepare a written statement The FAA has analyzed this final rule under
In accordance with the above statute, the assessing the effects of any Federal mandate the principles and criteria of Executive Order
13132, Federalism. Most airports subject to received, the FAA has determined that this Executive Order 13211, Actions Concerning
this rule are owned, operated, or regulated by action would not have a substantial direct Regulations that Significantly Affect Energy
a local governmental body (such as a city or effect on the States, on the relationship Supply, Distribution, or Use (May 18, 2001).
county government), which is either between the Federal Government and the We have determined that it is not a
incorporated by or part of a State. In a few States, or on the distribution of power and ‘‘significant energy action’’ under the
cases, the airports are operated directly by the responsibilities among the various levels of executive order because it is not a
States. The FAA has determined that this rule government. Therefore, the FAA has ‘‘significant regulatory action’’ under
would have minimal direct effect on the States determined that this action does not have Executive Order 12866, and it is not likely to
and would not alter the relationship federalism implications. have a significant adverse effect on the
established by law between the airport supply, distribution, or use of energy.
Environmental Analysis
certificate holders and the FAA. The FAA
List of Subjects
considers the annual costs of compliance with FAA Order 1050.1D defines the FAA
this rule low compared with the resources actions that may be categorically excluded 14 CFR Part 121
available to the airports. Before issuing the from preparation of a National Environmental
Air carriers, Aircraft, Aviation safety,
NPRM leading to this rule, the FAA consulted Policy Act (NEPA) environmental impact
Charter flights, Safety, Transportation.
with representatives of the airports through its statement. In accordance with FAA Order
ARAC. The FAA also consulted with the 1050.1D, appendix 4, paragraph 4(j), this 14 CFR Part 139
States through various national associations of rulemaking action qualifies for a categorical
Air carriers, Airports, Aviation safety,
state and local governments. In consulting exclusion.
Reporting and recordkeeping requirements.
with state governments, the FAA provided the
Regulations That Significantly Affect
opportunity for them to comment on the
Energy Supply, Distribution, or Use
NPRM leading to this rule.
After due consideration of comments The FAA has analyzed this NPRM under
■ Inconsideration of the foregoing, the Chapter I of Title 14, Code of Federal
The Amendment Federal Aviation Administration amends Regulations as follows:
certificated under part 139 of this chapter. (e) A commercial operator and a
PART 121—OPERATING (c) An air carrier and a pilot used by pilot used by the commercial operator in
REQUIREMENTS: DOMESTIC, the air carrier in conducting a domestic type conducting a domestic type operation, flag
FLAG, AND SUPPLEMENTAL operation, flag type operation, or type operation, or supplemental type operation
OPERATIONS supplemental type operation may operate an may operate an airplane at an airport operated
airplane at an airport operated by the U.S. by the U.S. Government that is not
■ 1.The authority citation for part 121 Government that is not certificated under part certificated under part 139 of this chapter only
continues to read as follows: 139 of this chapter, only if that airport meets if that airport meets the equivalent—
Authority: 49 U.S.C. 106(g), 40113, 40119, the equivalent— (1) Safety standards for airports
41706, 44101, 44701–44702, 44705, 44709– (1) Safety standards for airports certificated under part 139 of this chapter; and
44711, 44713, 44716–44717, 44722, 44901, certificated under part 139 of this chapter; and (2) Airport classification
44903–44904, 44912, 46105. (2) Airport classification requirements under part 139 of this chapter to
■ 2. Revise § 121.590 to read as follows: requirements under part 139 to serve the type serve the type airplane to be operated and the
airplane to be operated and the type of type of operation to be conducted.
§ 121.590 Use of certificated land airports
operation to be conducted. (f) For the purpose of this section,
in the United States.
(d) An air carrier, a commercial the terms—
(a) Except as provided in paragraphs
operator, and a pilot being used by the air Domestic type operation means any
(b) or (c) of this section, or unless
carrier or the commercial operator— when domestic operation conducted with—
authorized by the Administrator under 49
conducting a passenger-carrying airplane (1) An airplane designed for at least
U.S.C. 44706(c), no air carrier and no pilot
operation under this part that 31 passenger seats (as determined by the
being used by an air carrier may operate, in
aircraft type certificate issued by a competent
the conduct of a domestic type operation, flag
is not a domestic type operation, a flag type civil aviation authority) at any land airport in
type operation, or supplemental type
operation, or a supplemental type any State of the United States, the District of
operation, an airplane at a land airport in any
operation—may operate at a land airport not Columbia, or any territory or possession of the
State of the United States, the District of
certificated under part 139 of this chapter only United States; or
Columbia, or any territory or possession of the
when the following conditions are met: (2) An airplane designed for more
United States unless that airport is certificated
(1) The airport is adequate for the than 9 passenger seats but less than 31
under part 139 of this chapter. Further, after
proposed operation, considering such items as passenger seats (as determined by the aircraft
June 9, 2005 for Class I airports and after
size, surface, obstructions, and lighting. type certificate issued by a competent civil
December 9, 2005 for Class II, III, and IV
(2) For an airplane carrying aviation authority) at any land airport in any
airports, when an air carrier and a pilot being
passengers at night, the pilot may not take off State of the United States (except Alaska), the
used by the air carrier are required to operate
from, or land at, an airport unless— District of Columbia, or any territory or
at an airport certificated under part 139 of this
(i) The pilot has determined the possession of the United States.
chapter, the air carrier and the pilot may only
wind direction from an illuminated wind Flag type operation means any flag
operate at that airport if the airport is
direction indicator or local ground operation conducted with—
classified under part 139 to serve the type
communications or, in the case of takeoff, that (1) An airplane designed for at least
airplane to be operated and the type of
pilot’s personal observations; and 31 passenger seats (as determined by the
operation to be conducted.
(ii) The limits of the area to be used aircraft type certificate issued by a
(b) An air carrier and a pilot being
for landing or takeoff are clearly shown by
used by the air carrier in the conduct of a
boundary or runway marker lights. If the area competent civil aviation authority) at any
domestic type operation, flag type operation,
to be used for takeoff or landing is marked by land airport in any State of the United States,
or supplemental type operation may designate
flare pots or lanterns, their use must be the District of Columbia, or any territory or
and use as a required alternate airport for
authorized by the Administrator. possession of the United States; or
departure or destination an airport that is not
(2) An airplane designed for more than 9 or any territory or possession of the United U.S.C. 41104(b). That statutory provision contains
passenger seats but less than 31 passenger States. stand-alone requirements for such air carriers and
seats (as determined by the aircraft type United States means the States of the special exceptions for operations in Alaska and
certificate issued by a competent civil United States, the District of Columbia, and outside the United States. Nothing in § 121.590
aviation authority) at any land airport in any the territories and possessions of the United exempts the air carriers described in this note from
State of the United States (except Alaska), States. the requirements of 49 U.S.C. 41104(b). Certain
the District of Columbia, or any territory or operations by air carriers that conduct public charter
Note: Special Statutory Requirement to Operate operations under 14 CFR part 380 are covered by
possession of the United States.
to or From a Part 139 Airport. Each air carrier that the statutory requirements to operate to and from
Supplemental type operation means any provides—in an aircraft (e.g., airplane, rotorcraft,
supplemental operation (except an all-cargo part 139 airports. See 49 U.S.C. 41104(b).
etc.) designed for more than 9 passenger
operation) conducted with an airplane seats—regularly scheduled charter air transportation ■ 3. Revise part 139 to read as follows:
designed for at least 31 passenger seats (as for which the public is provided in advance a
determined by the aircraft type certificate schedule containing the departure location, PART 139—CERTIFICATION OF
issued by a competent civil aviation departure time, and arrival location of the flight AIRPORTS
authority) at any land airport in any State of must operate to and from an airport certificated
the United States, the District of Columbia, under part 139 of this chapter in accordance with 49
139.1 Applicability. compliance.
Subpart A—General 139.3 Delegation of authority.
Subpart B—Certification
139.5 Definitions.
Sec. 139.7 Methods and procedures for
139.103 Application for certificate. 139.109 Duration of certificate.
139.101 General requirements. 139.105 Inspection authority.
139.107 Issuance of certificate.
139.333 Protection of NAVAIDS. that are within the authority of a person
139.111 Exemptions. 139.335 Public protection. serving passenger-carrying operations defined
139.113 Deviations. 139.337 Wildlife hazard management. in paragraphs (a)(1) and (a)(2) of this section.
139.339 Airport condition reporting. (c) This part does not apply to—
Subpart C—Airport Certification Manual 139.341 Identifying, marking, and lighting (1) Airports serving scheduled air
139.201 General requirements. construction and other unserviceable areas. carrier operations only by reason of being
139.203 Contents of Airport Certification 139.343 Noncomplying conditions.
Manual. designated as an alternate airport;
139.205 Amendment of Airport Authority: 49 U.S.C. 106(g), 40113, 44701–
Certification Manual. 44706, 44709, 44719 (2) Airports operated by the United
States;
Subpart D—Operations Subpart A—General (3) Airports located in the State of
139.301 Records. § 139.1 Applicability. Alaska that only serve scheduled operations of
139.303 Personnel. (a) This part prescribes rules small air carrier aircraft and do not serve
139.305 Paved areas. governing the certification and operation of scheduled or unscheduled operations of large
139.307 Unpaved areas. airports in any State of the United States, the air carrier aircraft;
139.309 Safety areas. District of Columbia, or any territory or (4) Airports located in the State of
139.311 Marking, signs, and lighting. possession of the United States serving any— Alaska during periods of time when not
139.313 Snow and ice control. serving operations of large air carrier aircraft;
(1) Scheduled passenger-carrying
139.315 Aircraft rescue and firefighting: or
Index determination. operations of an air carrier operating aircraft
139.317 Aircraft rescue and firefighting: designed for more than 9 passenger seats, as
Equipment and agents. determined by the aircraft type certificate (5) Heliports.
139.319 Aircraft rescue and firefighting: issued by a competent civil aviation authority; § 139.3 Delegation of authority.
Operational requirements. and The authority of the Administrator to issue,
139.321 Handling and storing of hazardous (2) Unscheduled passenger-carrying deny, and revoke Airport Operating
substances and materials. operations of an air carrier operating aircraft
139.323 Traffic and wind direction Certificates is delegated to the Associate
designed for at least 31 passenger seats, as Administrator for Airports, Director of
indicators.
determined by the aircraft type certificate Airport Safety and Standards, and Regional
139.325 Airport emergency plan.
139.327 Self-inspection program.
issued by a competent civil aviation authority. Airports Division Managers.
139.329 Pedestrians and Ground Vehicles. (b) This part applies to those
139.331 Obstructions. portions of a joint-use or shared-use airport
aircraft type certificate issued by a competent operation of a Class I, II, III, or IV airport.
§ 139.5 Definitions. civil aviation authority. Average daily departures means the
The following are definitions of terms used Air carrier operation means the takeoff or average number of scheduled departures per
in this part: landing of an air carrier aircraft and includes day of air carrier aircraft computed on the
AFFF means aqueous film forming the period of time from 15 minutes before basis of the busiest 3 consecutive calendar
foam agent. until 15 minutes after the takeoff or landing. months of the immediately preceding 12
Air carrier aircraft means an aircraft that Airport means an area of land or other hard consecutive calendar months. However, if the
is being operated by an air carrier and is surface, excluding water, that is used or average daily departures are expected to
categorized as either a large air carrier intended to be used for the landing and takeoff increase, then ‘‘average daily departures’’
aircraft if designed for at least 31 passenger of aircraft, including any buildings and may be determined by planned rather than
seats or a small air carrier aircraft if designed facilities. current activity, in a manner authorized by the
for more than 9 passenger seats but less than Airport Operating Certificate means a Administrator.
31 passenger seats, as determined by the certificate, issued under this part, for Certificate holder means the holder of an
Airport Operating Certificate issued under this large or small air carrier aircraft. aircraft, exclusive of loading ramps and
part. Clean agent means an electrically aircraft parking areas.
Class I airport means an airport nonconducting volatile or gaseous fire Regional Airports Division Manager
certificated to serve scheduled extinguishing agent that does not leave a means the airports division manager for the
operations of large air carrier aircraft residue upon evaporation and has been FAA region in which the airport is located.
that can also serve unscheduled shown to provide extinguishing action Safety area means a defined area comprised
passenger operations of large air equivalent to halon 1211 under test of either a runway or taxiway and the
carrier aircraft and/or scheduled protocols of FAA Technical Report surrounding surfaces that is prepared or
operations of small air carrier aircraft. DOT/FAA/AR–95/87. suitable for reducing the risk of damage to
Class II airport means an airport Heliport means an airport, or an area of an aircraft in the event of an undershoot,
certificated to serve scheduled operations of airport, used or intended to be used for the overshoot, or excursion from a runway or the
small air carrier aircraft and the unscheduled landing and takeoff of helicopters. unintentional departure from a taxiway.
passenger operations of large air carrier Index means the type of aircraft rescue Scheduled operation means any common
aircraft. A Class II airport cannot serve and firefighting equipment and quantity of carriage passenger-carrying operation for
scheduled large air carrier aircraft. fire extinguishing agent that the certificate compensation or hire conducted by an air
Class III airport means an airport holder must provide in accordance with § carrier for which the air carrier or its
certificated to serve scheduled operations of 139.315. representatives offers in advance the departure
small air carrier aircraft. A Class III airport Joint-use airport means an airport owned location, departure time, and arrival location.
cannot serve scheduled or unscheduled large by the United States that leases a portion of It does not include any operation that is
air carrier aircraft. the airport to a person operating an airport conducted as a supplemental operation under
Class IV airport means an airport specified under § 139.1(a). 14 CFR part 121 or public charter operations
certificated to serve unscheduled passenger Movement area means the runways, under 14 CFR part 380.
operations of large air carrier aircraft. A taxiways, and other areas of an airport that
Class IV airport cannot serve scheduled are used for taxiing, takeoff, and landing of
passenger-carrying public charter operation provision contains stand-alone requirements for
conducted under 14 CFR part 380. such air carriers and special exceptions for
Shared-use airport means a U.S. operations in Alaska and outside the United States.
Government-owned airport that is colocated Wildlife hazard means a potential for a
Certain operations by air carriers that conduct
with an airport specified under § 139.1(a) damaging aircraft collision with wildlife on or
public charter operations under 14 CFR part 380 are
and at which portions of the movement areas near an airport. As used in this part, covered by the statutory requirements to operate to
and safety areas are shared by both parties. ‘‘wildlife’’ includes feral animals and and from part 139 airports. See 49
Unscheduled operation means any domestic animals out of the control of their U.S.C. 41104(b).
common carriage passenger-carrying owners.
operation for compensation or hire, using Note: Special Statutory Requirement To Operate § 139.7 Methods and procedures for
aircraft designed for at least 31 passenger to or From a Part 139 Airport. Each air carrier that compliance.
seats, conducted by an air carrier for which provides—in an aircraft designed for more than 9 Certificate holders shall comply with
the departure time, departure location, and passenger seats— regularly scheduled charter air requirements prescribed by subparts C and D
arrival location are specifically negotiated transportation for which the public is provided in of this part in a manner authorized by the
advance a schedule containing the departure Administrator. FAA Advisory Circulars
with the customer or the customer’s location, departure time, and arrival location of the
representative. It includes any contain methods and procedures for
flight must operate to and from an airport
passenger-carrying supplemental operation certificated under part 139 of this chapter in
compliance with this part that are acceptable
conducted under 14 CFR part 121 and any accordance with 49 U.S.C. 41104(b). That statutory to the Administrator.
§ 139.103 Application for certificate. (b) The applicant meets the
Subpart B—Certification Each applicant for an Airport provisions of § 139.103.
Operating Certificate shall— (c) The Administrator, after
§ 139.101 General requirements. (a) Prepare and submit an investigation, finds the applicant is properly
(a) Except as otherwise authorized by the application, in a form and in the manner and adequately equipped and able to provide a
Administrator, no person may operate an prescribed by the Administrator, to the safe airport operating environment in
airport specified under § 139.1 of this part Regional Airports Division Manager. accordance with—
without an Airport Operating Certificate or (b) Submit with the application, two (1) Any limitation that the
in violation of that certificate, the applicable copies of an Airport Certification Manual Administrator finds necessary to ensure safety
provisions, or the approved Airport prepared in accordance with subpart C of this in air transportation.
Certification Manual. part. (2) The requirements of the Airport
(b) Each certificate holder shall Certification Manual, as specified under §
adopt and comply with an Airport § 139.105 Inspection authority. 139.203.
Certification Manual as required under § Each applicant for, or holder of, an Airport (3) Any other provisions of this part
139.203. Operating Certificate shall allow the that the Administrator finds necessary to
(c) Persons required to have an Administrator to make any inspections, ensure safety in air transportation.
Airport Operating Certificate under this part including unannounced inspections, or tests to (d) The Administrator approves the
shall submit their Airport Certification determine compliance with 49 U.S.C. 44706 Airport Certification Manual.
Manual to the FAA for approval, in and the requirements of this part.
accordance with the following schedule: § 139.107 Issuance of certificate. § 139.109 Duration of certificate.
(1) Class I airports—6 months after An applicant for an Airport Operating An Airport Operating Certificate issued
June 9, 2004. Certificate is entitled to a certificate if— under this part is effective until the certificate
(2) Class II, III, and IV airports—12 (a) The applicant provides written holder surrenders it or the certificate is
months after June 9, 2004. documentation that air carrier service will suspended or revoked by the Administrator.
begin on a date certain.
§ 139.111 Exemptions. (a) An applicant or a certificate
holder may petition the Administrator under 139.319 from which the exemption is such as a single audit report or FAA Form
14 CFR part 11, General Rulemaking sought; 5100–127, Operating and Financial
Procedures, of this chapter for an exemption (iii) Explain the interest of the Summary;
from any requirement of this part. certificate holder in the action requested, (iv) Annual passenger enplanement
(b) Under 49 U.S.C. 44706(c), the including the nature and extent of relief data for the previous 12 calendar months;
Administrator may exempt an applicant or a sought; and (v) The type and frequency of air
certificate holder that enplanes annually less (iv) Contain information, views, or carrier operations served;
than one-quarter of 1 percent of the total arguments that demonstrate that the
number of passengers enplaned at all air requirements of §§ 139.317 or 139.319 would (vi) A history of air carrier service;
carrier airports from all, or part, of the aircraft be unreasonably costly, burdensome, or (vii) Anticipated changes to air carrier
rescue and firefighting equipment impractical. service;
requirements of this part on the grounds that (2) Information, views, or (c) Each petition filed under this
compliance with those requirements is, or arguments provided under paragraph (b)(1) of section must be submitted in duplicate to
would be, unreasonably costly, burdensome, this section shall include the following the—
or impractical. information pertaining to the airport for which (1) Regional Airports Division
(1) Each petition filed under this the Airport Operating Certificate is held: Manager and
paragraph must— (i) An itemized cost to comply with (2) U.S. Department of
(i) Be submitted in writing at least the requirement from which the exemption is Transportation’s Docket Management System,
120 days before the proposed effective date of sought; as specified under 14 CFR part
the exemption;
(ii) Current staffing levels; 11.
(ii) Set forth the text of §§ 139.317 or (iii) The current annual financial report,
part, or the Airport Certification Manual, to extent, and duration of the deviation. When
§ 139.113 Deviations. the extent required to meet that emergency. requested by the Regional Airports Division
Each certificate holder who deviates from a Manager, the certificate holder shall provide
In emergency conditions requiring requirement under this section shall, within 14 this notification in writing.
immediate action for the protection of life or days after the emergency, notify the Regional
property, the certificate holder may deviate Airports Division Manager of the nature,
from any requirement of subpart D of this
page or attachment must include the date of methods and procedures for the
Subpart C—Airport Certification the Administrator’s initial approval or development of Airport Certification
Manual approval of the latest revision. Manuals that are acceptable to the
(b) Each holder of an Airport Administrator.
§ 139.201 General requirements. Operating Certificate shall—
§ 139.203 Contents of Airport Certification
(a) No person may operate an (1) Keep its Airport Certification Manual.
airport subject to this part unless that person Manual current at all times;
adopts and complies with an Airport (2) Maintain at least one complete (a) Except as otherwise authorized
Certification Manual, as required under this and current copy of its approved Airport by the Administrator, each certificate holder
part, that— Certification Manual on the airport, which shall include in the Airport Certification
(1) Has been approved by the will be available for inspection by the Manual a description of operating procedures,
Administrator; Administrator; and facilities and equipment, responsibility
(3) Furnish the applicable portions assignments, and any other information
(2) Contains only those items of the approved Airport Certification Manual needed by personnel concerned with operating
authorized by the Administrator; to airport personnel responsible for its the airport in order to comply with applicable
(3) Is in printed form and signed by implementation. provisions of subpart D of this part and
the certificate holder acknowledging the (c) Each certificate holder shall paragraph (b) of this section.
certificate holder’s responsibility to operate ensure that the Regional Airports Division (b) Except as otherwise authorized
the airport in compliance with the Airport by the Administrator, the certificate holder
Certification Manual approved by the Manager is provided a complete copy of its shall include in the Airport Certification
Administrator; and most current approved Airport Certification Manual the following elements, as appropriate
(4) Is in a form that is easy to revise Manual, as specified under paragraph (b)(2) for its class:
and organized in a manner helpful to the of this section, including any amendments
preparation, review, and approval processes, approved under § 139.205.
including a revision log. In addition, each (d) FAA Advisory Circulars contain
REQUIRED AIRPORT CERTIFICATION
MANUAL ELEMENTS REQUIRED AIRPORT
CERTIFICATION MANUAL
ELEMENTS—Continued
Airport certificate class
Manual elements
Class I Class II Class III Class IV
1. Lines of succession of airport operational responsibility XXXXXXX X
................................ X X X X X X XXXXXXX XXXXXX
............................. 2. Each current exemption issued to the airport from the XXXXXXX XXXXXXX XXXXXXX XXXXXX
requirements of this part XXX XXX XXX XXX
........................................................................................................ 3. Any Manual elements
limitations imposed by the Administrator ............................................. 4. A
grid map or other means of identifying locations and terrain features on and 18. Procedures for protecting persons and property during the stor
around the airport that are significant to emergency operations .......... 5. pensing, and handling of fuel and other hazardous substances an
The location of each obstruction required to be lighted or marked within the rials, as required under § 139.321 ..................................................
airport’s area of authority ....................................................................... 6. A 19. A description of, and procedures for maintaining, the traffic and
description of each movement area available for air carriers and its safety rection indicators, as required under § 139.323 .............................
areas, and each road described in § 139.319(k) that serves it ........ 7. 20. An emergency plan as required under § 139.325
Procedures for avoidance of interruption or failure during construction work ..................................... 21. Procedures for conducting the self-ins
of utilities serving facilities or NAVAIDS that support air carrier operations program, as required under § 139.327
............................................................................................................ 8. A ........................................................................................... 22. Proc
description of the system for maintaining records, as required under § for controlling pedestrians and ground vehicles in movement are
139.301 ...................................................................................................... 9. safety areas, as required under § 139.329 ........................ 23. Pro
A description of personnel training, as required under § 139.303 .............. for obstruction removal, marking, or lighting, as required under § 1
10. Procedures for maintaining the paved areas, as required under § ........................................................................................... 24. Proc
139.305 ...................................................................................................... for protection of NAVAIDS, as required under § 139.333 ..... 2
11. Procedures for maintaining the unpaved areas, as required under § description of public protection, as required under § 139.335 ........
139.307 ...................................................................................................... Procedures for wildlife hazard management, as required under § 1
12. Procedures for maintaining the safety areas, as required under § ....................................................................................................
139.309 ...................................................................................................... Procedures for airport condition reporting, as required under § 139
13. A plan showing the runway and taxiway identification system, including Procedures for identifying, marking, and lighting construction and
the location and inscription of signs, runway markings, and holding position unserviceable areas, as required under § 139.341 ........................
markings, as required under § 139.311 ................................................ 14. 29. Any other item that the Administrator finds is necessary to ensu
A description of, and procedures for maintaining, the marking, signs, and ty in air transportation .....................................................................
lighting systems, as required under § 139.311 ..................................... 15.
A snow and ice control plan, as required under § 139.313 ......................
16. A description of the facilities, equipment, personnel, and procedures for § 139.205 Amendment of Airport
meeting the aircraft rescue and firefighting requirements, in accordance Certification Manual.
with §§ 139.315, 139.317 and 139.319 ........................................................
17. A description of any approved exemption to aircraft rescue and
fire-fighting requirements, as authorized under § 139.111
application for amendment, the certificate amendment, in which case its effective date is
(a) Under § 139.3, the Regional holder may petition the Associate stayed pending a decision by the Associate
Airports Division Manager may amend any Administrator for Airports to reconsider the Administrator for Airports.
Airport Certification Manual approved under refusal to amend. (e) Notwithstanding the provisions of
this part, either— (d) In the case of amendments paragraph (d) of this section, if the Regional
(1) Upon application by the initiated by the FAA, the Regional Airports Airports Division Manager finds there is an
certificate holder or Division Manager notifies the certificate emergency requiring immediate action with
(2) On the Regional Airports holder of the proposed amendment, in writing, respect to safety in air transportation, the
Division Manager’s own initiative, if the fixing a reasonable period (but not less than 7 Regional Airports Division Manager may
Regional Airports Division Manager days) within which the certificate holder may issue an amendment, effective without stay on
determines that safety in air transportation submit written information, views, and the date the certificate holder receives notice
requires the amendment. arguments on the amendment. After of it. In such a case, the Regional Airports
(b) A certificate holder shall submit considering all relevant material presented, Division Manager incorporates the finding of
in writing a proposed amendment to its the Regional Airports Division Manager the emergency and a brief statement of the
Airport Certification Manual to the Regional notifies the certificate holder within 30 days reasons for the finding in the notice of the
Airports Division Manager at least 30 days of any amendment adopted or rescinds the amendment. Within 30 days after the issuance
before the proposed effective date of the notice. The amendment of such an emergency amendment, the
amendment, unless a shorter filing period is certificate holder may petition the Associate
allowed by the Regional Airports Division becomes effective not less than 30 days after Administrator for Airports to reconsider either
Manager. the certificate holder receives notice of it, the finding of an emergency, the amendment
(c) At any time within 30 days after except that, prior to the effective date, the itself, or both. This petition does not
receiving a notice of refusal to approve the certificate holder may petition the Associate automatically stay the effectiveness of the
Administrator for Airports to reconsider the emergency amendment.
Subpart D—Operations
(2) Emergency personnel training. consecutive calendar months for
§ 139.301 Records. Twenty-four consecutive calendar months for self-inspection records, as required under §
In a manner authorized by the aircraft rescue and firefighting and emergency 139.327.
Administrator, each certificate holder medical service personnel training records, as (6) Movement areas and safety
shall— required under § 139.319. areas training. Twenty-four consecutive
(a) Furnish upon request by the (3) Airport fueling agent inspection. calendar months for records of training given
Administrator all records required to be Twelve consecutive calendar months for to pedestrians and ground vehicle operators
maintained under this part. records of inspection of airport fueling agents, with access to movement areas and safety
(b) Maintain records required under as required under § 139.321. areas, as required under § 139.329.
this part as follows: (4) Fueling personnel training. (7) Accident and incident. Twelve
(1) Personnel training. Twenty-four Twelve consecutive calendar months for consecutive calendar months for each accident
consecutive calendar months for personnel training records of fueling personnel, as or incident in movement areas and safety
training records, as required under §§ 139.303 required under § 139.321. areas involving an air carrier aircraft and/or
and 139.327. (5) Self-inspection. Twelve ground vehicle, as required under § 139.329.
(8) Airport condition. Twelve airport condition information dissemination,
consecutive calendar months for records of as required under § 139.339.
records required by the Administrator, this
(c) Make and maintain any additional part, and the Airport Certification Manual.
be removed promptly and as completely as
§ 139.303 Personnel. (iii) § 139.327, Self-inspection practicable.
In a manner authorized by the program; (5) Except as provided in paragraph
Administrator, each certificate holder (iv) § 139.329, Pedestrians and (b) of this section, any chemical
shall— Ground Vehicles; solvent that is used to clean any pavement
(a) Provide sufficient and qualified (v) § 139.337, Wildlife hazard area shall be removed as soon as possible,
personnel to comply with the requirements of management; and consistent with the instructions of the
its Airport Certification Manual and the (vi) § 139.339, Airport condition manufacturer of the solvent.
requirements of this part. reporting. (6) The pavement shall be
(b) Equip personnel with sufficient (f) Use an independent organization, sufficiently drained and free of depressions to
resources needed to comply with the or designee, to comply with the requirements prevent ponding that obscures markings or
requirements of this part. of its Airport Certification Manual and the impairs safe aircraft operations.
(c) Train all personnel who access requirements of this part only if— (b) Paragraphs (a)(4) and (a)(5) of
movement areas and safety areas and perform (1) Such an arrangement is this section do not apply to snow and ice
duties in compliance with the requirements of authorized by the Administrator;
the Airport Certification Manual and the (2) A description of responsibilities accumulations and their control,
requirements of this part. This training shall and duties that will be assumed by an including the associated use of materials,
be completed prior to the initial performance independent organization or designee is such as sand and deicing solutions.
of such duties and at least once every 12 specified in the Airport Certification Manual; (c) FAA Advisory Circulars contain
consecutive calendar months. The curriculum and methods and procedures for the maintenance
for initial and recurrent training shall include (3) The independent organization or and configuration of paved areas that are
at least the following areas: designee prepares records required under this acceptable to the Administrator.
(1) Airport familiarization, part in sufficient detail to assure the certificate § 139.307 Unpaved areas.
including airport marking, lighting, and signs holder and the Administrator of adequate (a) In a manner authorized by the
system. compliance with the Airport Certification Administrator, each certificate holder shall
(2) Procedures for access to, and Manual and the requirements of this part. maintain and promptly repair the surface of
operation in, movement areas and safety each gravel, turf, or other unpaved runway,
areas, as specified under § 139.329. § 139.305 Paved areas.
taxiway, or loading ramp and parking area on
(3) Airport communications, (a) In a manner authorized by the
the airport that is available for air carrier use
including radio communication between the Administrator, each certificate holder shall
as follows:
air traffic control tower and personnel, use of maintain, and promptly repair the pavement
(1) No slope from the edge of the
the common traffic advisory frequency if of, each runway, taxiway, loading ramp, and
full-strength surfaces downward to the
there is no air traffic control tower or the parking area on the airport that is available for
existing terrain shall be steeper than 2:1.
tower is not in operation, and procedures for air carrier use as follows:
(2) The full-strength surfaces shall
reporting unsafe airport conditions. (1) The pavement edges shall not
have adequate crown or grade to assure
(4) Duties required under the exceed 3 inches difference in elevation
sufficient drainage to prevent ponding.
Airport Certification Manual and the between abutting pavement sections and
(3) The full-strength surfaces shall
requirements of this part. between pavement and abutting areas.
be adequately compacted and sufficiently
(5) Any additional subject areas (2) The pavement shall have no hole
stable to prevent rutting by aircraft or the
required under §§ 139.319, 139.321, 139.327, exceeding 3 inches in depth nor any hole the
loosening or build-up of surface material,
139.329, 139.337, and 139.339, as slope of which from any point in the hole to
which could impair directional control of
appropriate. the nearest point at the lip of the hole is 45
aircraft or drainage.
(d) Make a record of all training degrees or greater, as measured from the
(4) The full-strength surfaces must
completed after June 9, 2004 by each pavement surface plane, unless, in either case,
have no holes or depressions that exceed 3
individual in compliance with this section that the entire area of the hole can be covered by a
inches in depth and are of a breadth capable of
includes, at a minimum, a description and date 5inch diameter circle.
impairing directional control or causing
of training received. Such records shall be (3) The pavement shall be free of
damage to an aircraft.
maintained for 24 consecutive calendar cracks and surface variations that could impair
(5) Debris and foreign objects shall
months after completion of training. directional control of air carrier aircraft. Any
be promptly removed from the surface.
(e) As appropriate, comply with the pavement crack or surface deterioration that
(b) FAA Advisory Circulars contain
following training requirements of this part: produces loose aggregate or other
methods and procedures for the maintenance
(i) § 139.319, Aircraft rescue and contaminants shall be immediately repaired.
and configuration of unpaved areas that are
firefighting: Operational requirements; (4) Except as provided in paragraph
acceptable to the Administrator.
(ii) § 139.321, Handling and storage (b) of this section, mud, dirt, sand,
of hazardous substances and materials; loose aggregate, debris, foreign objects,
rubber deposits, and other contaminants shall
(1) Existed on December 31, 1987, Administrator at the time the construction,
§ 139.309 Safety areas. if the runway or taxiway had a safety area on reconstruction, or expansion began if
(a) In a manner authorized by the December 31, 1987, and if no reconstruction construction, reconstruction, or significant
Administrator, each certificate holder shall or significant expansion of the runway or expansion of the runway or taxiway began on
provide and maintain, for each runway and taxiway was begun on or after January 1, or after January 1, 1988.
taxiway that is available for air carrier use, a 1988; or (b) Each certificate holder shall
safety area of at least the dimensions that— (2) Are authorized by the maintain its safety areas as follows:
(1) Each safety area shall be cleared and graded and have no potentially
removal and aircraft rescue and firefighting structures of the lowest practical height, with
hazardous ruts, humps, depressions, or other equipment and of supporting the occasional the frangible point no higher than 3 inches
surface variations. passage of aircraft without causing major above grade.
(2) Each safety area shall be drained damage to the aircraft. (c) FAA Advisory Circulars contain
by grading or storm sewers to prevent water (4) No objects may be located in methods and procedures for the configuration
accumulation. any safety area, except for objects that need to and maintenance of safety areas acceptable to
(3) Each safety area shall be capable be located in a safety area because of their the Administrator.
under dry conditions of supporting snow function. These objects shall be constructed,
to the extent practical, on frangibly mounted
paragraphs (b)(1)(ii) and (b)(1)(iii) of this lighting, as appropriate, on each object within
§ 139.311 Marking, signs, and lighting. section shall be internally illuminated at each its authority that has been determined by the
(a) Marking. Each certificate holder Class III airport. FAA to be an obstruction.
shall provide and maintain marking systems (c) Lighting. Each certificate holder (d) Maintenance. Each certificate
for air carrier operations on the airport that are shall provide and maintain lighting systems holder shall properly maintain each marking,
authorized by the Administrator and consist of for air carrier operations when the airport is sign, or lighting system installed and operated
at least the following: open at night, during conditions below visual on the airport. As used in this section, to
(1) Runway markings meeting the flight rules (VFR) minimums, or in Alaska, ‘‘properly maintain’’ includes cleaning,
specifications for takeoff and landing during periods in which a prominent unlighted replacing, or repairing any faded, missing, or
minimums for each runway. nonfunctional item; keeping each item
(2) A taxiway centerline. object cannot be seen from a distance of 3 unobscured and clearly visible; and ensuring
(3) Taxiway edge markings, as statute miles or the sun is more than six that each item provides an accurate reference
appropriate. degrees below the horizon. These lighting to the user.
(4) Holding position markings. systems shall be authorized by the (e) Lighting interference. Each
(5) Instrument landing system (ILS) Administrator and consist of at least the certificate holder shall ensure that all lighting
critical area markings. following: on the airport, including that for aprons,
(b) Signs. (1) Each certificate holder (1) Runway lighting that meets the vehicle parking areas, roadways, fuel storage
shall provide and maintain sign systems for specifications for takeoff and landing areas, and buildings, is adequately adjusted or
air carrier operations on the airport that are minimums, as authorized by the shielded to prevent interference with air traffic
authorized by the Administrator and consist of Administrator, for each runway. control and aircraft operations.
at least the following: (2) One of the following taxiway (f) Standards. FAA Advisory
(i) Signs identifying taxiing routes lighting systems: Circulars contain methods and procedures for
on the movement area. (i) Centerline lights. the equipment, material, installation, and
(ii) Centerline reflectors. maintenance of marking, sign, and lighting
(ii) Holding position signs. (iii) Edge lights. systems listed in this section that are
(iii) Instrument landing system (ILS) (iv) Edge reflectors. acceptable to the Administrator.
critical area signs. (3) An airport beacon. (g) Implementation. The sign
(2) Unless otherwise authorized by (4) Approach lighting that meets the systems required under paragraph (b)(3) of
the Administrator, the signs required by specifications for takeoff and landing this section shall be implemented by each
paragraph (b)(1) of this section shall be minimums, as authorized by the holder of a Class III Airport Operating
internally illuminated at each Class I, II, and Administrator, for each runway, unless Certificate not later than 36 consecutive
IV airport. provided and/or maintained by an entity other calendar months after June 9, 2004.
(3) Unless otherwise authorized by than the certificate holder.
the Administrator, the signs required by (5) Obstruction marking and
to ensure that they adhere to snow and ice carrier aircraft.
§ 139.313 Snow and ice control. sufficiently to minimize engine ingestion; (b) For the purpose of Index
(a) As determined by the (4) Timely commencement of snow determination, air carrier aircraft lengths are
Administrator, each certificate holder whose and ice control operations; and grouped as follows:
airport is located where snow and icing (5) Prompt notification, in (1) Index A includes aircraft less
conditions occur shall prepare, maintain, and accordance with § 139.339, of all air carriers than 90 feet in length.
carry out a snow and ice control plan in a using the airport when any portion of the (2) Index B includes aircraft at least
manner authorized by the Administrator. movement area normally available to them is 90 feet but less than 126 feet in length.
(b) The snow and ice control plan less than satisfactorily cleared for safe (3) Index C includes aircraft at least
required by this section shall include, at operation by their aircraft. 126 feet but less than 159 feet in length.
(c) FAA Advisory Circulars contain (4) Index D includes aircraft at least
a minimum, instructions and methods and procedures for snow and ice 159 feet but less than 200 feet in length.
procedures for— control equipment, materials, and removal (5) Index E includes aircraft at least
(1) Prompt removal or control, as that are acceptable to the Administrator. 200 feet in length.
completely as practical, of snow, ice, and (c) Except as provided in §
slush on each movement area; § 139.315 Aircraft rescue and firefighting: 139.319(c), if there are five or more average
(2) Positioning snow off the Index determination. daily departures of air carrier aircraft in a
movement area surfaces so all air carrier (a) An index is required by paragraph single Index group serving that airport, the
aircraft propellers, engine pods, rotors, and (c) of this section for each longest aircraft with an average of five or
wing tips will clear any snowdrift and certificate holder. The Index is determined by more daily departures determines the Index
snowbank as the aircraft’s landing gear a combination of— required for the airport. When there are fewer
traverses any portion of the movement area; (1) The length of air carrier aircraft than five average daily departures of the
(3) Selection and application of and longest air carrier aircraft serving the airport,
authorized materials for snow and ice control (2) Average daily departures of air the Index required for the airport will be the
next lower Index group than the Index group (d) The minimum designated index
prescribed for the longest aircraft. shall be Index A.
the commensurate quantity of AFFF so the water required to be carried by the
(e) A holder of a Class III Airport vehicle.
Operating Certificate may comply with this the total quantity of water for foam production (j) Methods and procedures. FAA
section by providing a level of safety carried by both vehicles is at least 3,000 Advisory Circulars contain methods and
comparable to Index A that is approved by the gallons. procedures for ARFF equipment and
Administrator. Such alternate compliance (d) Index D. Three vehicles— extinguishing agents that are acceptable to the
must be described in the ACM and must (1) One vehicle carrying the Administrator.
include: extinguishing agents as specified in (k) Implementation. Each holder of
(i) Pre-arranged firefighting and paragraphs (a)(1) or (a)(2) of this section; and a Class II, III, or IV Airport Operating
emergency medical response procedures, (2) Two vehicles carrying an Certificate shall implement the requirements
including agreements with responding amount of water and the commensurate of this section no later than 36 consecutive
services. quantity of AFFF so the total quantity of calendar months after .
(ii) Means for alerting firefighting water for foam production carried by all three
and emergency medical response personnel. vehicles is at least 4,000 gallons. § 139.319 Aircraft rescue and firefighting:
(e) Index E. Three vehicles— Operational requirements.
(iii) Type of rescue and firefighting (1) One vehicle carrying the (a) Rescue and firefighting
equipment to be provided. extinguishing agents as specified in capability. Except as provided in paragraph
(iv) Training of responding firefighting and paragraphs (a)(1) or (a)(2) of this section; and (c) of this section, each certificate holder shall
emergency medical personnel on airport (2) Two vehicles carrying an provide on the airport, during air carrier
familiarization and communications. amount of water and the commensurate operations at the airport, at least the rescue
quantity of AFFF so the total quantity of and firefighting capability specified for the
§ 139.317 Aircraft rescue and firefighting: water for foam production carried by all three Index required by § 139.317 in a manner
Equipment and agents. vehicles is at least 6,000 gallons. authorized by the Administrator.
Unless otherwise authorized by the (f) Foam discharge capacity. Each (b) Increase in Index. Except as
Administrator, the following rescue and aircraft rescue and firefighting vehicle used to provided in paragraph (c) of this section, if an
firefighting equipment and agents are the comply with Index B, C, D, or E requirements increase in the average daily departures or the
minimum required for the Indexes referred to with a capacity of at least 500 gallons of water length of air carrier aircraft results in an
in § 139.315: for foam production shall be equipped with a increase in the Index required by paragraph
(a) Index A. One vehicle carrying at turret. Vehicle turret discharge capacity shall (a) of this section, the certificate holder shall
least— be as follows: comply with the increased requirements.
(1) 500 pounds of sodium-based dry (1) Each vehicle with a (c) Reduction in rescue and
chemical, halon 1211, or clean agent; or minimum-rated vehicle water tank capacity of firefighting. During air carrier operations with
(2) 450 pounds of potassium-based at least 500 gallons, but less than 2,000 only aircraft shorter than the Index aircraft
dry chemical and water with a commensurate gallons, shall have a turret discharge rate of at group required by paragraph (a) of this
quantity of AFFF to total 100 gallons for least 500 gallons per minute, but not more section, the certificate holder may reduce the
simultaneous dry chemical and AFFF than 1,000 gallons per minute. rescue and firefighting to a lower level
application. (2) Each vehicle with a corresponding to the Index group of the
(b) Index B. Either of the following: minimum-rated vehicle water tank capacity of longest air carrier aircraft being operated.
(1) One vehicle carrying at least 500 at least 2,000 gallons shall have a turret (d) Procedures for reduction in
pounds of sodium-based dry chemical, halon discharge rate of at least 600 gallons per capability. Any reduction in the rescue and
1211, or clean agent and 1,500 gallons of minute, but not more than 1,200 gallons per firefighting capability from the Index required
water and the commensurate quantity of minute. by paragraph (a) of this section, in accordance
AFFF for foam production. (g) Agent discharge capacity. Each with paragraph
(2) Two vehicles— aircraft rescue and firefighting vehicle that is (c) of this section, shall be subject to
(i) One vehicle carrying the required to carry dry chemical, halon 1211, or the following conditions:
extinguishing agents as specified in clean agent for compliance with the Index (1) Procedures for, and the persons
paragraphs (a)(1) or (a)(2) of this section; and requirements of this section must meet one of having the authority to implement, the
(ii) One vehicle carrying an amount the following minimum discharge rates for the reductions must be included in the Airport
of water and the commensurate quantity of equipment installed: Certification Manual.
AFFF so the total quantity of water for foam (1) Dry chemical, halon 1211, or (2) A system and procedures for
production carried by both vehicles is at least clean agent through a hand line—5 pounds recall of the full aircraft rescue and
1,500 gallons. per second. firefighting capability must be included in the
(c) Index C. Either of the following: (2) Dry chemical, halon 1211, or Airport Certification Manual.
(1) Three vehicles— clean agent through a turret—16 pounds per (3) The reductions may not be
(i) One vehicle carrying the second. implemented unless notification to air carriers
extinguishing agents as specified in paragraph (h) Extinguishing agent is provided in the Airport/ Facility Directory
(a)(1) or (a)(2) of this section; and substitutions. Other extinguishing agent or Notices to Airmen (NOTAM), as
(ii) Two vehicles carrying an substitutions authorized by the Administrator appropriate, and by direct notification of local
amount of water and the commensurate may be made in amounts that provide air carriers.
quantity of AFFF so the total quantity of equivalent firefighting capability. (e) Vehicle communications. Each
water for foam production carried by all three (i) AFFF quantity requirements. In vehicle required under § 139.317 shall be
vehicles is at least 3,000 gallons. addition to the quantity of water required, equipped with two-way voice radio
(2) Two vehicles— each vehicle required to carry AFFF shall communications that provide for contact with
(i) One vehicle carrying the carry AFFF in an appropriate amount to mix at least—
extinguishing agents as specified in paragraph with twice
(b)(1) of this section; and
(ii) One vehicle carrying water and
rescue and firefighting vehicle shall reach the shall be trained prior to initial performance
(1) All other required emergency midpoint of the farthest runway serving air of emergency medical services. Training
vehicles; carrier aircraft from its assigned post or reach shall be at a minimum 40 hours in length and
(2) The air traffic control tower; any other specified point of comparable cover the following topics:
(3) The common traffic advisory distance on the movement area that is (i) Bleeding.
frequency when an air traffic control tower is available to air carriers, and begin application (ii) Cardiopulmonary resuscitation.
not in operation or there is no air traffic of extinguishing agent.
control tower, and (ii) Within 4 minutes from the time (iii) Shock.
(4) Fire stations, as specified in the of alarm, all other required vehicles shall (iv) Primary patient survey.
airport emergency plan. reach the point specified in paragraph (h)(2)(i) (v) Injuries to the skull, spine, chest,
(f) Vehicle marking and lighting. of this section from their assigned posts and and extremities.
Each vehicle required under § 139.317 shall— begin application of an extinguishing agent. (vi) Internal injuries.
(1) Have a flashing or rotating (i) Personnel. Each certificate (vii) Moving patients.
beacon and holder shall ensure the following: (viii) Burns.
(2) Be painted or marked in colors (1) All rescue and firefighting (ix) Triage.
to enhance contrast with the background personnel are equipped in a manner (5) A record is maintained of all
environment and optimize daytime and authorized by the Administrator with training given to each individual under this
nighttime visibility and identification. protective clothing and equipment needed to section for 24 consecutive calendar months
(g) Vehicle readiness. Each vehicle perform their duties. after completion of training. Such records
required under § 139.317 shall be maintained (2) All rescue and firefighting shall include, at a minimum, a description and
as follows: personnel are properly trained to perform their date of training received.
(1) The vehicle and its systems shall duties in a manner authorized by the (6) Sufficient rescue and firefighting
be maintained so as to be operationally Administrator. Such personnel shall be trained personnel are available during all air carrier
capable of performing the functions required prior to initial performance of rescue and operations to operate the vehicles, meet the
by this subpart during all air carrier firefighting duties and receive recurrent response times, and meet the minimum agent
operations. instruction every 12 consecutive calendar discharge rates required by this part.
(2) If the airport is located in a months. The curriculum for initial and (7) Procedures and equipment are
geographical area subject to prolonged recurrent training shall include at least the established and maintained for alerting rescue
temperatures below 33 degrees Fahrenheit, the following areas: and firefighting personnel by siren, alarm, or
vehicles shall be provided with cover or other (i) Airport familiarization, including other means authorized by the Administrator
means to ensure equipment operation and airport signs, marking, and lighting. to any existing or impending emergency
discharge under freezing conditions. requiring their assistance.
(3) Any required vehicle that (ii) Aircraft familiarization. (j) Hazardous materials guidance.
becomes inoperative to the extent that it (iii) Rescue and firefighting personnel Each aircraft rescue and firefighting vehicle
cannot perform as required by paragraph safety. responding to an emergency on the airport
(h)(1) of this section shall be replaced (iv) Emergency communications shall be equipped with, or have available
immediately with equipment having at least systems on the airport, including fire alarms. through a direct communications link, the
equal capabilities. If replacement equipment is (v) Use of the fire hoses, nozzles, ‘‘North American Emergency Response
not available immediately, the certificate turrets, and other appliances required for Guidebook’’ published by the U.S.
holder shall so notify the Regional Airports compliance with this part. Department of Transportation or similar
Division Manager and each air carrier using (vi) Application of the types of response guidance to hazardous
the airport in accordance with § 139.339. If extinguishing agents required for compliance materials/dangerous goods incidents.
the required Index level of capability is not with this part. Information on obtaining the ‘‘North
restored within 48 hours, the airport operator, American Emergency Response Guidebook’’
unless otherwise authorized by the (vii) Emergency aircraft evacuation is available from the Regional Airports
Administrator, shall limit air carrier assistance. Division Manager.
operations on the airport to those compatible (viii) Firefighting operations. (k) Emergency access roads. Each
with the Index corresponding to the remaining (ix) Adapting and using structural certificate holder shall ensure that roads
operative rescue and firefighting equipment. rescue and firefighting equipment for aircraft designated for use as emergency access roads
(h) Response requirements. (1) With rescue and firefighting. for aircraft rescue and firefighting vehicles are
the aircraft rescue and firefighting equipment (x) Aircraft cargo hazards, including maintained in a condition that will support
required under this part and the number of hazardous materials/dangerous goods those vehicles during all-weather conditions.
trained personnel that will assure an effective incidents. (l) Methods and procedures. FAA
operation, each certificate holder shall— (xi) Familiarization with Advisory Circulars contain methods and
(i) Respond to each emergency firefighters’ duties under the airport procedures for aircraft rescue and firefighting
during periods of air carrier operations; and emergency plan. and emergency medical equipment and
(ii) When requested by the (3) All rescue and firefighting training that are acceptable to the
Administrator, demonstrate compliance with personnel shall participate in at least one Administrator.
the response requirements specified in this live-fire drill prior to initial performance of (m) Implementation. Each holder of
section. rescue and firefighting duties and every 12 a Class II, III, or IV Airport Operating
(2) The response required by consecutive calendar months thereafter. Certificate shall implement the requirements
paragraph (h)(1)(ii) of this section shall (4) At least one individual, who has of this section no later than 36 consecutive
achieve the following performance criteria: been trained and is current in basic emergency calendar months after June 9, 2004.
medical services, is available
(i) Within 3 minutes from the time
of the alarm, at least one required aircraft during air carrier operations. This individual
(a) Each certificate holder who acts handling and storing of any material regulated
§ 139.321 Handling and storing of as a cargo handling agent shall establish and by the Hazardous Materials Regulations (49
hazardous substances and materials. maintain procedures for the protection of CFR 171 through 180) that is, or is intended
persons and property on the airport during the to be, transported by air. These procedures
shall provide for at least the following: on the airport with respect to those standards. certificate holder becomes aware of
(1) Designated personnel to receive (d) Each certificate holder shall noncompliance with a standard required by
and handle hazardous substances and inspect the physical facilities of each airport paragraph (b) of this section. The certificate
materials. tenant fueling agent at least once every 3 holder shall notify the appropriate FAA
(2) Assurance from the shipper that consecutive months for compliance with Regional Airports Division Manager
the cargo can be handled safely, including any paragraph (b) of this section and maintain a immediately when noncompliance is
special handling procedures required for record of that inspection for at least 12 discovered and corrective action cannot be
safety. consecutive calendar months. accomplished within a reasonable period of
(3) Special areas for storage of (e) The training required in time.
hazardous materials while on the airport. paragraph (b)(6) of this section shall include (h) FAA Advisory Circulars contain
(b) Each certificate holder shall at least the following: methods and procedures for the handling and
establish and maintain standards authorized storage of hazardous substances and materials
by the Administrator for protecting against (1) At least one supervisor with that are acceptable to the Administrator.
fire and explosions in storing, dispensing, and each fueling agent shall have completed an
otherwise handling fuel (other than articles aviation fuel training course in fire safety that § 139.323 Traffic and wind direction
and materials that are, or are intended to be, is authorized by the Administrator. Such an indicators.
aircraft cargo) on the airport. These standards individual shall be trained prior to initial In a manner authorized by the
shall cover facilities, procedures, and performance of duties, or enrolled in an Administrator, each certificate holder shall
personnel training and shall address at least authorized aviation fuel training course that provide and maintain the following on its
the following: will be completed within 90 days of initiating airport:
(1) Bonding. duties, and receive recurrent instruction at (a) A wind cone that visually provides
(2) Public protection. least every 24 consecutive calendar months. surface wind direction information to pilots.
(3) Control of access to storage (2) All other employees who fuel For each runway available for air carrier use,
areas. aircraft, accept fuel shipments, or otherwise a supplemental wind cone must be installed at
(4) Fire safety in fuel farm and handle fuel shall receive at least initial the end of the runway or at least at one point
storage areas. on-the-job training and recurrent instruction visible to the pilot while on final approach and
(5) Fire safety in mobile fuelers, every 24 consecutive calendar months in fire prior to takeoff. If the airport is open for air
fueling pits, and fueling cabinets. safety from the supervisor trained in carrier operations at night, the wind direction
(6) Training of fueling personnel in accordance with paragraph (e)(1) of this indicators, including the required
fire safety in accordance with paragraph section. supplemental indicators, must be lighted.
(e) of this section. Such training at (f) Each certificate holder shall (b) For airports serving any air
Class III airports must be completed within 12 obtain a written confirmation once every 12 carrier operation when there is no control
consecutive calendar months after June 9, consecutive calendar months from each tower operating, a segmented circle, a landing
2004. airport tenant fueling agent that the training strip indicator and a traffic pattern indicator
(7) The fire code of the public body required by paragraph (e) of this section has must be installed around a wind cone for each
having jurisdiction over the airport. been accomplished. This written confirmation runway with a right-hand traffic pattern.
(c) Each certificate holder shall, as a shall be maintained for 12 consecutive (c) FAA Advisory Circulars contain
fueling agent, comply with, and require all calendar months. methods and procedures for the installation,
other fueling agents operating on the airport to (g) Unless otherwise authorized by lighting, and maintenance of traffic and wind
comply with, the standards established under the Administrator, each certificate holder shall indicators that are acceptable to the
paragraph (b) of this section and shall perform require each tenant fueling agent to take Administrator.
reasonable surveillance of all fueling activities immediate corrective action whenever the
required under § 139.315. (c) The plan required by this section
§ 139.325 Airport emergency plan. (b) The plan required by this section must address or include—
(a) In a manner authorized by the must contain instructions for response to— (1) To the extent practicable,
Administrator, each certificate holder shall (1) Aircraft incidents and accidents; provisions for medical services, including
develop and maintain an airport emergency (2) Bomb incidents, including transportation and medical assistance for the
plan designed to minimize the possibility and designation of parking areas for the aircraft maximum number of persons that can be
extent of personal injury and property damage involved; carried on the largest air carrier aircraft that
on the airport in an emergency. The plan (3) Structural fires; the airport reasonably can be expected to
shall— (4) Fires at fuel farms or fuel serve;
(1) Include procedures for prompt storage areas; (2) The name, location, telephone
response to all emergencies listed in (5) Natural disaster; number, and emergency capability of each
paragraph (b) of this section, including a (6) Hazardous materials/dangerous hospital and other medical facility and the
communications network; goods incidents; business address and telephone number of
(2) Contain sufficient detail to (7) Sabotage, hijack incidents, and medical personnel on the airport or in the
provide adequate guidance to each person other unlawful interference with operations; communities it serves who have agreed to
who must implement these procedures; and (8) Failure of power for movement provide medical assistance or transportation;
(3) To the extent practicable, area lighting; and
provide for an emergency response for the (9) Water rescue situations, as
largest air carrier aircraft in the Index group appropriate.
(4) An inventory of surface vehicles building on the airport or in the communities
(3) The name, location, and and aircraft that the facilities, agencies, and it serves that will be used to accommodate
telephone number of each rescue squad, personnel included in the plan under uninjured, injured, and deceased persons;
ambulance service, military installation, and paragraphs (c)(2) and (3) of this section will (6) Plans for crowd control,
government agency on the airport or in the provide to transport injured and deceased including the name and location of each safety
communities it serves that agrees to provide persons to locations on the airport and in the or security agency that agrees to provide
medical assistance or transportation; communities it serves; assistance for the control of crowds in the
(5) A list of each hangar or other event of an emergency on the airport; and
(7) Procedures for removing marsh lands adjacent to the airport that are are properly trained; and
disabled aircraft, including, to the extent crossed by the approach and departure flight (4) At least once every 12
practical, the name, location, and telephone paths of air carriers. A body of water or consecutive calendar months, review the plan
numbers of agencies with aircraft removal marshland is significant if the area exceeds with all of the parties with whom the plan is
responsibilities or capabilities. one-quarter square mile and cannot be coordinated, as specified in paragraph (g)(1)
(d) The plan required by this section traversed by conventional land rescue of this section, to ensure that all parties know
must provide for— vehicles. To the extent practicable, the plan their responsibilities and that all of the
(1) The marshalling, transportation, shall provide for rescue vehicles with a information in the plan is current.
and care of ambulatory injured and uninjured combined capacity for handling the maximum (h) Each holder of a Class I Airport
accident survivors; number of persons that can be carried on Operating Certificate shall hold a full-scale
(2) The removal of disabled aircraft; board the largest air airport emergency plan exercise at least once
(3) Emergency alarm or notification every 36 consecutive calendar months.
systems; and carrier aircraft in the Index group (i) Each airport subject to applicable
(4) Coordination of airport and required under § 139.315. FAA and Transportation Security
control tower functions relating to emergency (g) Each certificate holder shall— Administration security regulations shall
actions, as appropriate. (1) Coordinate the plan with law ensure that instructions for response to
(e) The plan required by this section enforcement agencies, rescue and firefighting paragraphs (b)(2) and (b)(7) of this section in
shall contain procedures for notifying the agencies, medical personnel and the airport emergency plan are consistent with
facilities, agencies, and personnel who have organizations, the principal tenants at the its approved airport security program.
responsibilities under the plan of the location airport, and all other persons who have (j) FAA Advisory Circulars contain
of an aircraft accident, the number of persons responsibilities under the plan; methods and procedures for the development
involved in that accident, or any other (2) To the extent practicable, of an airport emergency plan that are
information necessary to carry out their provide for participation by all facilities, acceptable to the Administrator.
responsibilities, as soon as that information agencies, and personnel specified in paragraph (k) The emergency plan required by
becomes available. (g)(1) of this section in the development of the this section shall be submitted by each holder
(f) The plan required by this section plan; of a Class II, III, or IV Airport Operating
shall contain provisions, to the extent (3) Ensure that all airport personnel Certificate no later than 24 consecutive
practicable, for the rescue of aircraft accident having duties and responsibilities under the calendar months after June 9, 2004.
victims from significant bodies of water or plan are familiar with their assignments and
consecutive calendar months in at least the (d) FAA Advisory Circulars contain
§ 139.327 Self-inspection program. following areas: methods and procedures for the conduct of
(a) In a manner authorized by the (i) Airport familiarization, including airport self-inspections that are acceptable to
Administrator, each certificate holder shall airport signs, marking and lighting. the Administrator.
inspect the airport to assure compliance with
this subpart according to the following (ii) Airport emergency plan. § 139.329 Pedestrians and ground
schedule: (iii) Notice to Airmen (NOTAM) vehicles.
(1) Daily, except as otherwise notification procedures. In a manner authorized by the
required by the Airport Certification Manual; (iv) Procedures for pedestrians and Administrator, each certificate holder
(2) When required by any unusual ground vehicles in movement areas and safety shall—
condition, such as construction activities or areas. (a) Limit access to movement areas
meteorological conditions, that may affect (v) Discrepancy reporting and safety areas only to those pedestrians and
safe air carrier operations; and procedures; and ground vehicles necessary for airport
(3) Immediately after an accident or (4) A reporting system to ensure operations;
incident. prompt correction of unsafe airport conditions (b) Establish and implement
(b) Each certificate holder shall noted during the inspection, including wildlife procedures for the safe and orderly access to,
provide the following: strikes. and operation in, movement areas and safety
(c) Each certificate holder shall— areas by pedestrians and ground vehicles,
(1) Equipment for use in conducting (1) Prepare, and maintain for at least including provisions identifying the
safety inspections of the airport; 12 consecutive calendar months, a record of consequences of noncompliance with the
(2) Procedures, facilities, and each inspection prescribed by this section, procedures by an employee, tenant, or
equipment for reliable and rapid showing the conditions found and all contractor;
dissemination of information between the corrective actions taken. (c) When an air traffic control tower
certificate holder’s personnel and air carriers; (2) Prepare records of all training is in operation, ensure that each pedestrian
and given after June 9, 2004 to each individual in and ground vehicle in movement areas or
(3) Procedures to ensure qualified compliance with this section that includes, at a safety areas is controlled by one of the
personnel perform the inspections. Such minimum, a description and date of training following:
procedures shall ensure personnel are trained, received. Such records shall be maintained for
as specified under § 139.303, and receive 24 consecutive calendar months after
initial and recurrent instruction every 12 completion of training.
when it is not operationally practical to have tenant, or contractor is trained on procedures
(1) Two-way radio communications two-way radio communications between the required under paragraph (b) of this section,
between each pedestrian or vehicle and the tower and the pedestrian, vehicle, or escort; including consequences of noncompliance,
tower; (d) When an air traffic control tower prior to moving on foot, or operating a ground
(2) An escort with two-way radio is not in operation, or there is no air traffic vehicle, in movement areas or safety areas;
communications with the tower control tower, provide adequate procedures to and
accompanying any pedestrian or vehicle control pedestrians and ground vehicles in (f) Maintain the following records:
without a radio; or movement areas or safety areas through (1) A description and date of
(3) Measures authorized by the two-way radio communications or training completed after June 9, 2004 by each
Administrator for controlling pedestrians and prearranged signs or signals; individual in compliance with this section. A
vehicles, such as signs, signals, or guards, (e) Ensure that each employee, record for each individual shall be maintained
for 24 consecutive months after the accidents or incidents in the movement areas June 9, 2004 shall be maintained for 12
termination of an individual’s access to and safety areas involving air carrier aircraft, consecutive calendar months from the date of
movement areas and safety areas. a ground vehicle or a pedestrian. Records of the accident or incident.
(2) A description and date of any each accident or incident occurring after the
(a) Prevent the construction of Administrator, each certificate holder shall
§ 139.331 Obstructions. facilities on its airport that, as provide—
In a manner authorized by the determined by the Administrator, (1) Safeguards to prevent
Administrator, each certificate holder shall would derogate the operation of an inadvertent entry to the movement area by
ensure that each object in each area within its electronic or visual NAVAID and air unauthorized persons or vehicles; and
authority that has been determined by the traffic control facilities on the (2) Reasonable protection of
FAA to be an obstruction is removed, marked, airport; persons and property from aircraft blast.
or lighted, unless determined to be (b) Protect—or if the owner is other (b) Fencing that meets the
unnecessary by an FAA aeronautical study. than the certificate holder, assist in requirements of applicable FAA and
FAA Advisory Circulars contain methods and protecting—all NAVAIDS on its airport Transportation Security Administration
procedures for the lighting of obstructions that against vandalism and theft; and security regulations in areas subject to these
are acceptable to the Administrator. (c) Prevent, insofar as it is within regulations is acceptable for meeting the
the airport’s authority, interruption of visual requirements of paragraph (a)(l) of this
§ 139.333 Protection of NAVAIDS.
and electronic signals of NAVAIDS. section.
In a manner authorized by the
Administrator, each certificate holder § 139.335 Public protection.
shall— (a) In a manner authorized by the
management at (5) The views of the airport users;
§ 139.337 Wildlife hazard management. and
(a) In accordance with its Airport airports or an individual working under direct (6) Any other known factors
Certification Manual and the requirements of supervision of such an individual. The relating to the wildlife hazard of which the
this section, each certificate holder shall take wildlife hazard assessment shall contain at Administrator is aware.
immediate action to alleviate wildlife hazards least the following: (e) When the Administrator
whenever they are detected. (1) An analysis of the events or determines that a wildlife hazard management
(b) In a manner authorized by the circumstances that prompted the assessment. plan is needed, the certificate holder shall
Administrator, each certificate holder shall (2) Identification of the wildlife formulate and implement a plan using the
ensure that a wildlife hazard assessment is species observed and their numbers, locations, wildlife hazard assessment as a basis. The
conducted when any of the following events local movements, and daily and seasonal plan shall—
occurs on or near the airport: occurrences. (1) Provide measures to alleviate or
(1) An air carrier aircraft (3) Identification and location of eliminate wildlife hazards to air carrier
experiences multiple wildlife strikes; features on and near the airport that attract operations;
(2) An air carrier aircraft wildlife. (2) Be submitted to, and approved
experiences substantial damage from striking (4) A description of wildlife hazards by, the Administrator prior to implementation;
wildlife. As used in this paragraph, substantial to air carrier operations. and
damage means damage or structural failure (5) Recommended actions for (3) As authorized by the
incurred by an aircraft that adversely affects reducing identified wildlife hazards to air Administrator, become a part of the Airport
the structural strength, performance, or flight carrier operations. Certification Manual.
characteristics of the aircraft and that would (d) The wildlife hazard assessment (f) The plan shall include at least the
normally require major repair or replacement required under paragraph (b) of this section following:
of the affected component; shall be submitted to the Administrator for (1) A list of the individuals having
(3) An air carrier aircraft approval and determination of the need for a authority and responsibility for implementing
experiences an engine ingestion of wildlife; or wildlife hazard management plan. In reaching each aspect of the plan.
(4) Wildlife of a size, or in numbers, this determination, the Administrator will (2) A list prioritizing the following
capable of causing an event described in consider— actions identified in the wildlife hazard
paragraphs (b)(1), (b)(2), or (b)(3) of this (1) The wildlife hazard assessment; assessment and target dates for their initiation
section is observed to have access to any (2) Actions recommended in the and completion:
airport flight pattern or aircraft movement wildlife hazard assessment to reduce wildlife (i) Wildlife population
area. hazards; management;
(c) The wildlife hazard assessment (3) The aeronautical activity at the (ii) Habitat modification; and
required in paragraph (b) of this section shall airport, including the frequency and size of air
be conducted by a wildlife damage carrier aircraft; (iii) Land use changes.
management biologist who has professional (4) The views of the certificate
training and/or experience in wildlife hazard holder;
(ii) Provisions to conduct physical evaluate the wildlife hazard management plan
(3) Requirements for and, where inspections of the aircraft movement areas and every 12 consecutive months or following an
applicable, copies of local, State, and Federal other areas critical to successfully manage event described in paragraphs (b)(1), (b)(2),
wildlife control permits. known wildlife hazards before air carrier and (b)(3) of this section, including:
(4) Identification of resources that operations begin; (i) The plan’s effectiveness in
the certificate holder will provide to dealing with known wildlife hazards on and in
implement the plan. (iii) Wildlife hazard control measures; and the airport’s vicinity and
(5) Procedures to be followed (iv) Ways to communicate (ii) Aspects of the wildlife hazards
during air carrier operations that at a effectively between personnel conducting described in the wildlife hazard assessment
minimum includes— wildlife control or observing wildlife hazards that should be reevaluated.
(i) Designation of personnel and the air traffic control tower. (7) A training program conducted
responsible for implementing the procedures; (6) Procedures to review and by a qualified wildlife damage management
biologist to provide airport personnel with the required by paragraph (d) of this section. management at airports that are acceptable to
knowledge and skills needed to successfully (g) FAA Advisory Circulars contain the Administrator.
carry out the wildlife hazard management plan methods and procedures for wildlife hazard
identified in accordance with § 139.337. which may affect the safe movement of
§ 139.339 Airport condition reporting. (8) Nonavailability of any rescue aircraft on the airport; and
In a manner authorized by the and firefighting capability required in §§
Administrator, each certificate holder 139.317 or 139.319. (iii) Any area adjacent to a NAVAID that,
shall— (9) Any other condition as specified if traversed, could cause derogation of the
(a) Provide for the collection and in the Airport Certification Manual or that signal or the failure of the NAVAID; and
dissemination of airport condition information may otherwise adversely affect the safe (2) Provide procedures, such as a
to air carriers. operations of air carriers. review of all appropriate utility plans prior to
(b) In complying with paragraph (a) (d) Each certificate holder shall construction, for avoiding damage to existing
of this section, use the NOTAM system, as prepare and keep, for at least 12 consecutive utilities, cables, wires, conduits, pipelines, or
appropriate, and other systems and procedures calendar months, a record of each other underground facilities.
authorized by the Administrator. dissemination of airport condition information (b) FAA Advisory Circulars contain
(c) In complying with paragraph (a) to air carriers prescribed by this section. methods and procedures for identifying and
of this section, provide information on the (e) FAA Advisory Circulars contain marking construction areas that are acceptable
following airport conditions that may affect methods and procedures for using the to the Administrator.
the safe operations of air carriers: NOTAM system and the dissemination of
(1) Construction or maintenance airport information that are acceptable to the § 139.343 Noncomplying conditions.
activity on movement areas, safety areas, or Administrator.
Unless otherwise authorized by the
loading ramps and parking areas. Administrator, whenever the requirements of
(2) Surface irregularities on § 139.341 Identifying, marking, and
subpart D of this part cannot be met to the
movement areas, safety areas, or loading lighting construction and other
unserviceable areas.
extent that uncorrected unsafe conditions
ramps and parking areas. exist on the airport, the certificate holder
(3) Snow, ice, slush, or water on the (a) In a manner authorized by the shall limit air carrier operations to those
movement area or loading ramps and parking Administrator, each certificate holder shall— portions of the airport not rendered unsafe
areas. (1) Mark and, if appropriate, light in by those conditions.
(4) Snow piled or drifted on or near a manner authorized by the Administrator—
movement areas contrary to § 139.313. Issued in Washington, DC on January 28,
(i) Each construction area and
(5) Objects on the movement area or 2004.
unserviceable area that is on or adjacent to
safety areas contrary to § 139.309. Marion C. Blakey,
any movement area or any other area of the
Administrator.
(6) Malfunction of any lighting airport on which air carrier aircraft may be [FR Doc. 04–2255 Filed 2–9–04; 8:45 am]
system, holding position signs, or ILS critical operated;
area signs required by § 139.311. BILLING CODE 4910–13–P
(ii) Each item of construction
(7) Unresolved wildlife hazards as equipment and each construction roadway,
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