The Hub by pengtt

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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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