PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CHS. 471, 473, 477 AND 479 ]
Air Transportation
[38 Pa.B. 4375]
[Saturday, August 9, 2008]The Department of Transportation (Department), under the authority contained in 74 Pa.C.S. Chapters 51--61 proposes to amend Chapters 471, 473, 477 and 479 as set forth in Annex A.
Purpose of Chapters
These proposed amendments set forth criteria for the rating and licensing of airports. The purpose of Chapter 471 (relating to airport rating and licensing) is to set forth the licensing criteria and requirements for aircraft landing facilities; Chapter 473 (relating to aviation development grants) sets forth criteria and requirements for the Aviation Development grant program; Chapter 477 (relating to local real estate tax reimbursement grants) sets forth criteria for the Local Real Estate Tax Reimbursement grant program; and Chapter 479 (relating to obstruction to aircraft) sets forth criteria and instructions for persons who desire to erect, add to or maintain obstructions to aircraft.
Purpose of the Proposed Amendments
The purpose of the amendments to Chapter 471 is to clarify the requirements and provide greater flexibility in the licensing of various categories and types of landing facilities. This includes the establishment of minimum standards based on current Federal aviation standards instead of referencing Federal regulations that can be cumbersome to interpret and apply effectively, especially at small general aviation airports. In addition, the amendments reflect the Department's goal to provide safe operating conditions at public use airports while maintaining a regulatory environment which encourages airports and airport businesses to flourish. Consequently, the amendments include a process for dealing with nonstandard conditions on a case by case basis and provide additional criteria for small privately ''family'' owned airports instead of ''a one size fits all approach.'' The amendments provide the flexibility to accommodate various levels of airport operations and advances in technology that were not envisioned or available at the time the regulations were originally adopted.
These amendments do not relieve an aircraft's pilot in command of the ultimate responsibility for safety of flight operations. As set forth in applicable Federal aviation regulations, the pilot in command has final responsibility to conduct a safe flight, considering his own skills and ability, weather, the dimensions and condition of the runway and approaches, and the weight and balance, capabilities and condition of the aircraft being used. For private use airports, the owner or manager should be consulted by pilots prior to operating to or from the airport.
The purpose of the amendments to Chapter 473 is to allow for increased flexibility for the Department in providing a higher State share for granted projects and allow for a more efficient use of the aviation development grant funds available.
The purpose of the amendments to Chapters 477 and 479 is to simplify and better organize these chapters in relation to Chapters 471 and 473. There were no substantive changes to these chapters.
These amendments reflect the joint effort of the Department, Bureau of Aviation, the Aviation Advisory Committee, the Aviation Council of Pennsylvania and airport officials throughout this Commonwealth.
Summary of Significant Amendments
Chapter 471
Section 471.2 (relating to definitions)
Section 471.2 has been amended to include the following terms: ''grant,'' ''occasional/infrequent operations,'' ''operation,'' ''prepared landing site,'' ''project,'' ''primary surface,'' ''private heliport,'' ''public heliport,'' ''Regional Project Management Team'' and the ''Waiver Advisory Board.'' A definition of a ''sponsor'' has been added to include planning agency, public agency owning airports, public agencies not owning airports and a nonpublic airport owner.
Section 471.3 (relating to airport licensing)
Section 471.3 has been amended to clarify the requirements and procedures for the application of a waiver of a nonstandard condition at an airport or heliport, to allow for the transfer of a license from one owner to another which includes a Department review of the conditions, operations and waivers at the time of the transfer and requires the correction of hazardous conditions that have arisen since the issuance of the original license. The amendment removes the suspension/revocation schedule and defines deficiencies that would necessitate suspension or revocation of a license.
Section 471.4 (relating to licensing fees)
Section 471.4 has been amended to allow the Department to periodically update the license fee schedule which includes the requirement to publish the latest fee schedule in the Pennsylvania Bulletin.
Section 471.5 (relating to airport rating--excluding heliports)
Section 471.5 has been amended to update and expand the licensing categories for public use airports. The public business, general service and ultralight categories have been replaced with scheduled service/general aviation, basic utility and sport/ultralight airport categories, respectively. These replacement categories were added to more accurately reflect the types, conditions and operational needs of the public use airports in the State while ensuring that the level of public safety is maintained. The private airport categories have been revised by eliminating the commercial category and allow commercial operations at private airports provided it meets or exceeds the private group category. However, flight instruction to the general public is subject to Department approval. Additional language was also added to this section to clarify allowable uses of a private airport.
Section 471.6 (relating to heliport rating)
Section 471.6 has been amended to eliminate unneeded licensing categories for both public and private use heliports. These amendments are intended to more accurately reflect the types, conditions and operational needs of the public use heliports. Additional language was also added to this section to clarify allowable uses of a private heliport.
Section 471.7 (relating to licensing criteria and requirements)
Section 471.7 was amended to clearly indicate that operation of a public or private airport or heliport is prohibited without first obtaining a license from the Department. This section was also amended to place a time limit for reporting unsafe or hazardous conditions that unexpectedly occur at the airport and to clarify requirements for marking/lighting vehicles operating on airport surfaces to ensure they are clearly visible to aircraft. In addition, § 471.7 was amended to clearly delineate the requirements for Department approval of nonaeronautical uses of the airport and provide a specific time line for the Department to respond to requests. Lastly, § 471.7 was amended to specifically describe the Department's airport inspection process and indicate that the Department may take legal action to prevent or restrain any violation or threatened violation of the licensing requirements.
Section 471.8 (relating to suspension/revocation schedule)
Section 471.8 was amended to remove the suspension/revocation schedule and replace it with provisions that allow for suspension or revocation of a license for any potentially hazardous condition. This change is intended to permit the Department to take immediate action as well as provide for quick resolution of those situations.
Section 471.9 (relating to appeal)
Section 471.9 was amended to include detailed instructions for appeal of a decision of the Bureau to ensure that any aggrieved person would clearly understand the time line, procedure and cost for filing an appeal.
Chapter 473 Section 473.2 (relating to definitions)
Section 473.2 was amended to simply reference the definitions included in Chapter 471.
Section 473.4 (relating to limits of funding)
Section 473.4 was amended to allow the Department to increase the maximum percentage of non-Federal aid projects to 90%. This increase will allow additional financial assistance to be made available to airport sponsors for projects that are critical safety or standard improvements, or both.
Section 473.5 (relating to application procedure)
Section 473.5 was amended to replace the application procedure with the project selection process and criteria that was updated from the previous § 473.8 (relating to grant selection process and criteria) grant selection process and criteria. This revision was done to more clearly explain the project selection process and factors used to develop the aviation development program.
Section 473.6 (relating to deadlines for preapplications and applications)
Deadlines for preapplications and applications were removed and replaced with §§ 473.5b and 473.6a (relating to important dates and notification procedure; and project execution). This was done to more clearly define the necessary actions and time lines for submission of important project information and requirements and to allow the Department greater flexibility for establishing deadlines for the receipt of project information which will allow a more efficient use of the aviation development funds available.
Section 473.8 (relating to grant selection process and criteria)
Section 473.8 was rescinded and used to create the revised § 473.5.
Section 473.9 (relating to offer and acceptance of an aviation development grant)
Section 473.9 was amended to clarify and streamline the procedures for a sponsor to accept a grant offer.
Chapter 477 Section 477.2 was amended to delete redundant repetition of definitions and simply reference the definitions included in Chapter 471.
Chapter 479 Section 479.2 was amended to delete redundant repetition of definitions and simply reference the definitions included in Chapter 471.
Persons and Entities Affected
These regulations affect all owners/operators of aircraft landing facilities, including airports, heliports, seaplane bases, and the like.
Fiscal Impact
Implementation of these proposed amendments will not require the expenditure of any additional funds by the Commonwealth or local municipalities. While these proposed amendments do allow for fees to be adjusted periodically, any additional cost to the regulated community will be nominal.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees (committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the committees with a copy of a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.
Under section 5(g) of the act, IRRC may convey any comments, recommendations or objections to the proposed regulations within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of comments, recommendation or objections.
Sunset Provisions
The Department will make these regulations effective upon publication in final-form following appropriate evaluation of any comments, suggestions or objections received during the period allowed for public comment. The Department is not establishing a sunset date for these regulations, since these regulations are needed to administer provisions required under 74 Pa.C.S. Chapters 51--61. The Department, however, will continue to closely monitor these regulations for their effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Brian Gearhart, P. E., Director, Bureau of Aviation, P. O. Box 3457, Harrisburg, PA 17105 within 30 days of the publication of this notice in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions about the proposed amendments to the regulations is Brian Gearhart, P. E., Director, Bureau of Aviation, 400 North Street, Harrisburg, PA 17120, (717) 705-1200.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-409. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart B. NONVEHICLE CODE PROVISIONS
ARTICLE IV. AIR TRANSPORTATION
CHAPTER 471. AIRPORT RATING AND LICENSING § 471.2. Definitions
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Airport--
(i) An area of land or water which is used, or intended to be used for the landing and takeoff of aircraft and appurtenant areas which are used or intended to be used, for airport buildings or air navigation facilities or rights of way, together with airport buildings and facilities thereon.
(ii) The term includes heliports [and public airports] unless specifically noted.
Aviation-related areas--
(i) An area of an airport used, or intended to be used, in the direct operation of the airport.
[The] (ii) For the purpose of the Real Estate Tax Rebate Grant Program, the term includes, but is not limited to, a portion of the airport used in the [landing, taking off or] surface maneuvering of an aircraft, including those protected areas that are restricted from other uses.
(iii) The term does not include hangars, terminals and any portion of the airport used for the housing of aircraft or areas dedicated to hotels, motels, shops, restaurants, parking areas, and garages and other for-profit establishments whose purpose is unrelated to the landing and taking off of aircraft.
* * * * * Based aircraft--An aircraft stored at a specific airport or heliport for more than 30 days.
* * * * * Commercial operations--Operations of an aircraft for compensation or hire, including, but not limited to, flight instruction, aircraft maintenance, sale of aircraft, parts and fuel.
* * * * * Grant--An agreement and its accompanying assurances between the Department and a sponsor to provide funding assistance.
* * * * * Landing area--An area used, or intended to be used, for the landing[,] and taking off [or surface maneuvering] of aircraft.
Operation--An aircraft take-off or landing.
* * * * * Prepared landing site--An area that has a wind direction indicator or markings or lights or the surface has been improved with the intent to receive aircraft. A prepared landing site requires a license.
Primary surface--The area on the ground centered on a runway, provided to enhance the safety of aircraft operations by having the area free of objects, except for objects that need to be located in the primary surface for air navigation or aircraft ground maneuvering purposes.
* * * * * Private heliport--A heliport which is privately owned and which is not open or intended to be open to the public.
Project--A compilation of all tasks or activities associated with an approved grant on behalf of an eligible sponsor qualified to receive grant assistance.
* * * * * Public heliport--A heliport, which is either publicly or privately owned and which is open to the public.
Regional Project Management Team--Bureau staff assigned responsibility for each step of the project completion process.
Sponsor--A person applying for, or having received, an aviation development grant for a public airport. The following are different types of sponsors eligible for funds:
(i) Planning agency. An agency designated by the Bureau that is authorized by the laws of the State or political subdivisions concerned to engage in area wide planning for the areas in which the grant assistance is to be used. Typical planning agencies include planning offices, aeronautics commissions and departments of transportation.
(ii) Public agencies owning airports. A State, municipality, county, airport authority or other political subdivision, or a tax supported organization or an Indian tribe or pueblo.
(iii) Public agencies not owning airports. A public agency as defined in subparagraph (ii) that does not own an airport seeking master planning grants for new airports, acquisition of existing airports and noise program implementing projects which are included in a noise compatibility program prepared by a local airport sponsor and not disapproved by the FAA.
(iv) Privately owned public use airport owner. An individual, partnership, corporation, or other legal entity that owns a public use airport
Visual [utility] runway--A runway that is constructed for and [intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and] intended solely for the operation of aircraft using only visual approach procedures.
Waiver Advisory Board--A board established under the Bureau's Waiver Process described in the current Bureau Waiver Policy. Board composition will be as appointed by the Deputy Secretary for Aviation and will include representation from the Aviation Council of Pennsylvania.
§ 471.3 Airport licensing
(a) Authority. [No] A person may not establish, maintain or operate an airport, [nor conduct] or permit flight operations at an airport, unless authorized [to do so] by the Bureau. This does not apply to an airport approved or maintained by the government of the United States, [nor] or to infrequent operations by helicopters or aircraft with characteristics permitting operation from sites not specially prepared therefor.
(b) Written authority required. [Except in emergency conditions, authority] Authority to establish, maintain or operate an airport will be [given] provided in writing by the Bureau and will indicate [therein] whether the airport is public [or] use, private use, or otherwise restricted. Current licensing criteria and procedures will be provided by the Bureau on request. An airport will be licensed by the ratings under §§ 471.5 and 471.6 (relating to airport rating--excluding heliports; and heliport rating). Commercial operations shall be limited to public use airfields, or private airports that meet or exceed criteria established for private groups. Private airport operators are prohibited from selling fuel to the general public, and from performing flight instruction to the general public, unless authorized by the Bureau.
(c) Temporary licenses. A temporary license, public or private, may be issued by the Bureau for temporary operations or special occasions [, for a limited period of time]. An inspection fee will be charged for a temporary license in the amount as published annually in the Pennsylvania Bulletin.
(d) Waiver. The Bureau may [waive, for good cause, compliance with the criteria or requirements, or both, in this chapter if the waiver request is not inconsistent with the code.] issue a waiver for conditions not in compliance with criteria listed in Appendix A if control measures are put in place or if the conditions are deemed to not cause undue hazard to persons or property. Waivers may be temporary or permanent, depending on the situation and circumstances. Any conditions having a current waiver in force will be deemed to be in conditional compliance with this chapter.
(1) Waiver of criteria or requirements will be in accordance with the following procedures established by the Department:
(i) Requests for waivers must be in writing.
(ii) A sponsor shall request a waiver using forms and instructions provided by the Bureau.
(iii) A separate request shall be submitted for each item for which waiver is requested.
(iv) Bureau staff will review each request and provide a recommendation.
(v) Upon a Bureau staff recommendation of denial, the request will be forwarded to the Waiver Advisory Board.
(vi) The Waiver Advisory Board will review and analyze the waiver request and provide a recommendation for disposition to the Bureau Director.
(vii) A denial of a waiver is subject to appeal under the appeal process described in § 471.9 (relating to appeal).
(2) The Bureau will post the waiver procedure on the Department web site.
(3) A nonexhaustive list of conditions for which the Bureau may grant a waiver is included in Appendix B.
(4) Waiver of criteria or requirements may be inconsistent with this chapter.
(e) [Transfer of license. A license issued under this chapter is not transferable unless prior written approval is granted by the Bureau. If the Bureau does provide written approvals for the transfer of a license, the new licensee shall pay the initial license and inspection fees, and the landing area shall meet current licensing criteria.] Change of ownership. A change of airport ownership requires a new license through the Bureau's licensing process. Upon the change of ownership or status of an airport, a new license which includes prior waivers of nonstandard conditions, modifications of FAA standards or determinations of no hazard, as applicable, will be issued provided that a review by the Bureau verifies that conditions at the airport have not significantly changed since the time the previous license and waivers were issued.
(f) Existing airport. An airport presently in existence and [authorized] licensed under preexisting statutes and regulations is considered authorized.
(1) The Bureau may require an existing airport to correct or modify conditions which have arisen or significantly changed since the time any previous license or waiver was issued if they pose a significant threat to aviation safety.
(2) Determination that a condition poses a significant hazard to aviation safety will be based upon staff analysis by the Bureau after consultation with a Waiver Advisory Board.
(g) Suspension or revocation of license. The Bureau may revoke or suspend an airport license for reasonable cause, such as, but not limited to, failure to correct airport deficiencies, failure to cease unauthorized activities, [failure to renew license] or [a] any violation of this chapter. See § 471.8 (relating to suspension/revocation schedule).
* * * * * § 471.4. Licensing fees (private airports only).
* * * * * (b) Licensing and inspection fees [are] will be published on an annual basis in the Pennsylvania Bulletin and are required as follows:
(1) [One site inspection and one final inspection, $25 at time of inital licensing.] The fee for both an initial site inspection and a final inspection shall be paid at the time of the initial application for airport license. Subsequent inspections required to receive a license will be subject to an additional fee.
(2) [An additional site or final inspection, $25 at time of initial licensing.] A written request and fee are required for additional inspections.
(3) [Licensing fee, $10 per year.] Licensing fees are payable in 3-year intervals.
(4) Temporary licenses, as required by § 471.3(c) (relating to airport licensing), require an inspection fee.
§ 471.5. Airport rating--excluding heliports.
(a) The following [represents] are rating categories to be used by the Bureau for the issuance of an airport license:
(1) Public airport.
(i) Scheduled service/general aviation. An airport [with a paved runway, a runway lighting system, a precision instrument landing system and passenger handling facilities] accommodating regularly scheduled air carrier or commuter service or general aviation operations, or both.
(ii) [Business. An airport with a paved runway 3,500 feet or greater, a runway lighting system and a precision or nonprecision instrument landing approach.] Basic utility. An airport with a visual runway, turf or paved, serving aircraft less than 12,500 pounds max gross weight, without beacon or runway edge lights, authorized for visual flight rules (VFR) use only and not intended for night time operations.
(iii) [General service. An airport with a turf or paved runway with or without an instrument approach.
(iv)] Sport and [Ultralight] ultralight. A landing area for the use of sport or ultralight aircraft, or both, as those terms are defined by applicable Federal aviation regulations (FARs).
[(v)] (iv) Seaplane base. An area of water used as a landing area.
(2) Private airport.
* * * * * (iii) [Commercial. A private airport from which the licensee can conduct commercial flight operations, excluding flight instruction but including commercial operations such as maintenance, sale of aircraft or parts.
(iv)] Sport and [Ultralight] ultralight. A landing area for the use of sport or ultralight aircraft, or both, as those terms are defined by applicable FARs.
[(v)] (iv) Seaplane. An area of water used as a landing area.
(b) Use of landing areas by another aircraft. [A private airport licensee may invite another aircraft to use his landing area if the licensee has thoroughly briefed the invitee as to the peculiarities of the landing area. The invitee's aircraft operational requirements may not exceed the dimensions of the landing area.]
(1) Aircraft operators are authorized to land at public airports within the capabilities of the pilot-in-command and the aircraft. Pertinent information regarding public airports is located in the FAA Airport Facilities Directory and also updated and disseminated by Notice to Airmen (NOTAM).
(2) For private airports, aircraft operators shall receive authorization from the airport owner prior to operating to or from the airport. A private airport owner/licensee may invite an aircraft operator to use his landing area if the owner has thoroughly briefed the invitee on the takeoff and landing data and any peculiarities of the landing area. The invitee's aircraft expected performance values and operational requirements may not exceed the capabilities or dimensions of the landing area.
§ 471.6. Heliport rating.
(a) Rating categories. The following represents rating categories to be used by the Bureau for issuance of a heliport license [. The rating includes classifications with a lower numerical description]:
(1) Public heliport. A heliport consisting of a landing area that is open to the public.
[(i) Business. A heliport consisting of a landing area and offering services such as fueling, maintenance, passenger terminal and the like.
(ii) General service. A heliport consisting of a landing area with no support facilities to provide service such as fueling, maintenance, passenger terminals and the like.]
(2) Private heliport. A heliport not intended for public use (includes hospital heliports, corporate and privately owned heliports).
[(i) Individual. A private heliport used exclusively by the licensee.
(ii) Group. A private heliport used excusively by a partnership, organization or corporation which is restricted to members of that entity.
(iii) Commercial. A private heliport from which commercial flight operation, excluding flight instruction but including commercial operations such as maintenance, sale of aircraft or parts, may be conducted.]
(b) Use of landing area/heliport by another aircraft. [A private heliport licensee may invite another aircraft to use his landing area if the licensee has thoroughly briefed the invitee as to the peculiarities of the landing area. The invitee's aircraft operational requirements may not exceed the dimensions of the landing area.]
(1) Aircraft operators are authorized to land at public heliports within the capabilities of the pilot-in-command and their aircraft. Pertinent information regarding public heliports is located in the FAA Airport Facilities Directory and also update and disseminated by Notice to Airmen (NOTAM).
(2) For private heliports, aircraft operators shall receive authorization from the heliport owner prior to operating to or from the heliport. A private heliport owner/licensee may invite an aircraft operator to use his landing area if the owner has thoroughly briefed the invitee on the takeoff and landing data and any peculiarities of the landing area. The invitee's aircraft expected performance values and operational requirements may not exceed the capabilities or dimensions of the landing area.
§ 471.7. Licensing criteria and requirements.
(a) Criteria for licensing of airports and heliports are [set forth] described in Appendix A.
(b) The following are [requirements] applicable to airports and heliports which [shall obtain] have obtained a license:
(1) An owner or operator [, or both,] of an airport shall operate and maintain the airport safely [, carefully and properly] and shall conform to existing statutes and this chapter, or as modified by existing waiver.
(2) An owner or operator [, or both,] of an airport shall give [immediate] prompt written notice to the Bureau, using Bureau Form AV-19, of a proposed physical change in the airport [which affects] that is likely to affect its safety or conformity with the criteria under which the airport was licensed by the Bureau.
(3) An owner or operator [, or both,] of an airport licensed by the Bureau shall immediately report altered, unsafe or hazardous conditions of a nontemporary nature (in excess of 72 hours) to the Bureau. Public airport owners shall also file a Notice to Airmen (NOTAM) with the FAA. Upon elimination of the condition, a report shall be submitted to the Bureau detailing corrective action taken. Information concerning permanent physical changes to the airport shall also be reported to the FAA for inclusion in the Airport Facilities Directory.
(4) An owner or operator [, or both,] of a public airport shall post, in a place visible to the public, written material required to be posted by the Bureau, the Commonwealth or the Federal government.
(5) [No surface] Surface vehicles, such as, but not limited to, automobiles, trucks, mowing machines, graders or rollers may not be operated [upon] in the vicinity of runways or taxiways of a public airport without the airport manager's permission and coordination with the control tower, if existent. [The surface shall] Surface vehicles must be marked with approved flags or flashing amber beacons in accordance with FAA guidelines when operating in air operations areas unless coordinated with the airport manager.
(6) [No] Remote controlled model aircraft may not be operated from a public airport unless permission has been obtained from the airport [owner or operator, or both] manager.
(7) [An owner or operator, or both, of a public airport shall comply with safety criteria in this chapter.] Nonaeronautical uses of a public airport's aviation related area require the airport sponsor to obtain Bureau approval by means of advance written notice. Failure of the Bureau to respond within 30 calendar days shall be deemed tacit approval. Airport operators shall provide advance notice to the flying public including NOTAM.
(8) An abandoned or [closed] unlicensed airport shall have markers, wind direction indicators and aeronautical signs immediately removed by the owner or operator[, or both].
(9) The Bureau reserves the right to randomly inspect [a landing area] any airport or heliport to determine compliance with the code and this chapter.
(i) Periodic safety inspections will be conducted at all scheduled service, general aviation and basic utility airports. The Bureau will coordinate the inspection date with the airport owner. Following the inspection, the Bureau will provide written report of all inspection findings. Deficiencies identified should be corrected in a timely manner unless waived by the Bureau. The written report containing the inspection findings, as they specifically relate to the code or aviation regulations, will itemize the deficiencies, except conditions having a current waiver in force. Conditions having a current waiver in force are deemed to be in conditional compliance with this chapter.
(ii) Safety inspections at private use airports will be conducted on a random basis or at the request of the owner.
(iii) Airport sponsors who cannot mitigate airspace obstructions may submit an FAA Form 7460 for FAA evaluation and subsequent consideration for Bureau waiver.
(10) The Department may maintain an action in any court of competent jurisdiction to prevent, restrain or enjoin any violation or threatened violation of this chapter.
§ 471.8. Suspension [/revocation schedule], penalties and revocations.
[(a) Suspensions. The Department may impose suspensions on an airport licensee according to the following schedule, when the Department finds upon sufficient evidence that:
1st Action 2nd Action 3rd Action 4th Action The licensee has failed to correct deficiencies noted in airport inspection letter. Written Warning 30 days 3 months Revocation The licensee has permitted unauthorized activities. Written Warning 30 Days 3 months Revocation The licensee has failed to report change of ownership to Bureau. Written Warning 30 days 3 months Revocation The licensee has failed to renew license. Written Warning 30 Days 3 months Revocation The licensee has failed to report physical changes to the Bureau or to maintain airport under licensing requirements. Written Warning 30 Days 3 months Revocation The licensee has knowingly made a false statement or knowingly concealed a material fact or otherwise committed a fraud to the Bureau. 30 days 6 months Revocation
(b) Second and subsequent violations. Second and subsequent violations will be determined on the basis of previous violations of the same nature committed within a 3-year period. If a third or subsequent violation occurs within 3 years of the last previous violation, it will be deemed a third or subsequent violation regardless of when other previous violations occurred.
(c) Multiple violations. In the case of multiple violations considered at one time, the Department will impose separate penalties for a violation as required by the schedule. The Department may direct that a suspension imposed be served concurrently or consecutively.
(d) Suspension/revocation authority reserved. The descriptions of reasons for suspension/revocation in subsection (a) are of a general nature, and should not be deemed to limit the authority of the Department granted by section 5301 of the code (relating to authority of department).]
The Department may suspend or revoke an airport license when the Department finds sufficient evidence that one of the following applies:
(1) A nonconforming condition exists under this chapter that is a potential hazard to the users of the airport and has been brought to the attention of the airport sponsor, by written notice, as requiring remediation under this chapter, and the airport sponsor has not responded or sought a waiver within 90 days or less of the notice as deemed necessary by the Director.
(2) A waiver request by the airport sponsor to waive a nonconforming condition has been finally denied and the airport sponsor refuses to take reasonable steps to remediate the condition to the satisfaction of the Bureau, to file an appeal to the Director of the Bureau, or to file a legal action in a court of competent jurisdiction appealing the denial of the waiver, within 90 days of notice of the waiver denial.
§ 471.9. Appeal
A person aggrieved by a decision of the Bureau to grant, deny or revoke a license may make an appeal under 2 Pa.C.S. §§ 501--508 and 701--704 (relating to [practice and procedure of Commonwealth agencies and judicial review of Commonwealth agency action] Administrative Agency Law) and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) [.] in the following manner:
(1) The appeal shall be filed within 60 days of receipt of the Bureau's decision.
(2) The appeal shall be filed with the Administrative Docket Clerk, Office of Chief Counsel, 400 North Street, 9th Floor, Harrisburg, PA 17120-0064, with a $150 filing fee.
(3) The appeal must provide a detailed description of the decisions being appealed and the reasons for the appeal.
APPENDIX A
Public Airport Scheduled Service/
General AviationCriteria A [Business Criteria A General Service Criteria A] Basic Utility Criteria B Sport/Ultralight Criteria [H] C Seaplane Criteria [F] D Private Airport [Individual] Group Criteria [B] E [Group] Individual Criteria [C] F [Commercial Criteria A] Sport/Ultralight Criteria [I] G Seaplane Criteria [G] H Public Heliport Criteria I [Business Criteria D General Service Criteria D] Private Heliport Criteria J [Individual Criteria E Group Criteria E Commercial Criteria E]
CRITERIA A
Public Airport--Scheduled Service/General Aviation (a) The minimum runway length is 2,200 feet plus a 7.0% additional length factor for each 1,000 feet of elevation that the runway is above mean sea level, rounded up to the nearest 5 foot increment. [Note: Figure 4-1, FAA Advisory Circular 150/5300-4B for additional runway length design standards.] Example: An airport at 500 feet above mean sea level would require a minimum length of 2,280 feet.
* * * * * (c) A paved runway shall have an obstacle free zone, extending 200 feet beyond the end of each visual utility runway, the same width as the primary surface [--250 feet].
(d) A visual [utility] runway end shall have an obstruction free approach surface with a slope of 20 feet horizontal to 1 foot vertical. The following are approach surface dimensions [for a visual utility runway]:
* * * * * (3) The approach surface shall begin at the runway end for a turf runway and [at a point] 200 feet beyond the end of a paved runway.
(e) A runway other than visual shall conform to applicable FAR Part 77 Civil Airport Runway Approach Surfaces. The Bureau will acknowledge and consider mitigation factors as determined by the FAA when determining compliance with this criterion.
(f) A runway shall have an obstruction free transitional surface with a slope of 7 [foot] feet horizontal to 1 foot vertical extending from the side of the runway primary surface and the sides of the approach surfaces to an elevation 150 feet above the airport elevation.
(g) Runway thresholds shall be a minimum of 200 feet from airport property line [and 300 feet from the edge of a public road] as measured along the runway extended centerline.
(h) A runway shall be marked.
(1) Turf runway. Turf runway [end] ends and displaced thresholds shall be marked. [Markers] Edge markers shall be placed at intervals not exceeding [400] 200 feet along each side of the runway for its entire length.
(2) Paved runway. A paved runway shall be marked [in accordance with diagram, Figure 1]. For the dimensions and spacing of the markings see the current edition of the FAA Advisory Circular [150/5340-1E] relating to runway markings.
(i) [Principle] For planning purposes, principal runway alignment [shall] for new airports should be in the direction of the prevailing winds. Runway alignment [,] other than into the prevailing winds, may restrict use of the airport during conditions where crosswind velocities exceed the crosswind component of the aircraft.
(j) A wind indicator shall be installed at a location that adequately indicates the surface wind direction and velocity. The wind indicator shall be lighted where night operations are to be conducted.
(k) The runway surface longitudinal and transverse grade may not exceed 2.0%. It is desirable that a line-of-sight standard exist along the entire length of the runway. Runway grade changes should be such that any 2 points 5 feet above the runway centerline [,] will be mutually visible for the entire length of the runway [length].
(l) If night operations are to be conducted at the airport, runway edge lighting shall be installed to define the lateral and longitudinal limits of the usable landing area. Lights shall be installed in accordance with [Figure 2. For location and spacing, see FAA AC 150/5340-24] the current edition of the FAA Advisory Circular related to runway lighting.
(m) A rotating beacon shall be installed for night operations at public airports.
(n) [A telephone] Telephone service shall be available during hours of operation. [ A public telephone shall be available 24 hours a day.] Emergency [and aviation] contact information [telephone numbers] shall be posted near the telephone.
(o) [An adequate] A first aid kit shall be available.
(p) [The] A traffic pattern diagram [and] with altitudes shall be posted and visible to the aviation public.
(q) [Final] A favorable airspace determination by the FAA [may] shall be required prior to final licensing.
(r) The airport license shall be posted and visible to the aviation public.
(s) [Adequate fire] Fire extinguishing equipment shall be available for emergency fire protection. See NFPA [Code 403] Codes and local fire codes for appropriate guidelines.
(t) When public fueling services are provided use NFPA Codes for guidelines for storage and distribution of fuels.
(u) Issuance of a license does not preempt other State, Federal or local zoning or permitting requirements.
(Editor's Note: As part of this proposed rulemaking, the Department is also proposing to delete in their entirety the Figures entitled: FIGURE 1. AIRPORT MARKING and FIGURE 2. RUNWAY AND THRESHOLD LIGHTING CONFIGURATIONS which appear in 67 Pa. Code pages 471-12 and 471-13, serial pages (226970) and (226971).)
CRITERIA B (Editor's Note: As part of this proposed rulemaking, the Department is proposing to replace the text of Criteria B which appears in 67 Pa. Code pages 471-14 and 471-15, serial pages (226972) and (226973) with the following text which has been printed in regular type to enhance readability.)
Public Airport--Basic Utility (a) The minimum runway length is 1,600 feet.
(1) The minimum required runway length will be increased where required to accommodate a family of airplanes having similar performance characteristics or a specific airplane needing the longest runway and will be based on the performance data obtained from the aircraft flight manuals.
(2) Runway length will be that length needed for take-off ground run or landing ground run whichever is greater, factored for density altitude (85° F day; runway elevation above sea level); plus a factor for grass. The grass factor may be that required by the manufacturer. If the manufacturer requires no grass factor, a factor of 10% for conventional landing gear or 15% for tricycle landing gear will be used. An additional safety factor of 20% shall also be applied.
(3) If the aircraft performance data is not available from the aircraft flight manual, due to its vintage or modifications, the Bureau may accept a written statement by the applicant-aircraft owner, as to aircraft performance and runway length needed. Performance data may be considered, using less than maximum certificated takeoff weight-down loaded condition, if requested in writing by the applicant, to meet minimum runway length requirements.
(4) Displacement of runway thresholds may be used to reduce or eliminate approach slope obstructions as long as sufficient effective runway length remains.
(b) The minimum runway primary surface width is 180 feet or 90 feet either side of the runway centerline. The landing surface shall be centered within the primary surface. The minimum width of a paved runway is 50 feet. The minimum width of a turf runway is 100 feet. The runway primary surface shall extend 200 feet beyond the end of a paved runway and to the end of a turf runway.
(c) A runway end shall have an obstruction free approach surface with a slope of 20 feet horizontal to 1 foot vertical. The following are approach surface dimensions for a visual runway:
(1) The centerline of this surface shall extend outward and upward 5,000 feet along the runway extended centerline.
(2) The surface shall extend laterally from each edge of the primary surface at the runway approach threshold and increase uniformly in width to 625 feet on each side of the centerline at a point 5,000 feet from the end of the primary surface.
(3) The approach surface shall begin at the runway end for an unpaved runway and at a point 200 feet beyond the end of a paved runway.
(d) A runway shall have an obstruction free transitional surface with a slope of 7 feet horizontal to 1 foot vertical extending from the side of the runway primary surface and the sides of the approach surface to an elevation 150 feet above the airport elevation
(e) Runway landing thresholds shall be a minimum of 200 feet from the airport property line along the runway extended centerline.
(f) A runway shall be marked.
(1) Turf runways. Runway ends shall be marked. Edge markers shall be placed at intervals not exceeding 200 feet along each side of the runway for its entire length.
(2) Paved runway. Runway numbers shall be marked at each end.
(3) Marked threshold displacements. Runway threshold displacements shall be marked.
(g) For planning purposes, principal runway alignment for new airports should be in the direction of the prevailing wind. Runway alignment, other than into the prevailing wind, may restrict use of the airport during conditions where crosswind velocities exceed the crosswind component of the aircraft.
(h) Operations are intended for day, visual meteorological conditions (VMC).
(i) A wind indicator shall be installed at a location that adequately indicates surface wind direction and velocity. The wind indicator shall be lighted if night operations are to be conducted.
(j) The runway longitudinal and transverse gradient should not exceed 4.0%.
(k) Telephone service should be available during hours of operation. Emergency contact information should be posted near the telephone.
(l) Fire extinguishing equipment should be available for emergency fire protection. See National Fire Protection Association (NFPA) Codes and local fire codes for appropriate guidelines.
(m) A traffic pattern diagram with altitudes shall be posted and visible to the aviation public.
(n) A favorable airspace determination from the FAA shall be required prior to license.
(o) Issuance of a license does not preempt other State, Federal or local zoning or permitting requirements.
CRITERIA C (Editor's Note: As part of this proposed rulemaking, the Department is proposing to replace the text of Criteria C which appears in 67 Pa. Code pages 471-15 and 471-16, serial pages (226973) and (226974) with the following text which has been published in regular type to enhance readability.)
Public Airport--Sport/Ultralight (a) The minimum runway length shall be 1,000 feet. The runway should be aligned within 40° of the prevailing wind. Longitudinal and transverse gradients should not exceed 4%.
(b) A runway end shall have an obstruction free approach surface with a slope of 15 feet horizontal to 1 foot vertical. The following are approach surface dimensions:
(1) The centerline of this surface shall extend outward and upward 1,000 feet along the extended runway centerline.
(2) The surface shall extend laterally 50 feet on each side of the centerline of the runway approach threshold and increase uniformly in width to 100 feet on each side of the centerline at a point 1,000 feet from the runway end.
(3) The approach surface shall begin at the runway end.
(c) The minimum runway width shall be 100 feet.
(d) A runway shall have an obstruction free transitional surface with a slope of 3 feet horizontal to 1 foot vertical extending from the side of the runway surface and the sides of the approach surface.
(e) Runway landing thresholds shall be a minimum of 200 feet from the airport property line as measured along the extended runway centerline.
(f) Runway ends shall be marked. Edge markers shall be placed at intervals not exceeding 200 feet along each side of the runway for its entire length.
(g) For planning purposes, principal runway alignment for new airports should be in the direction of the prevailing wind. Runway alignment, other than into the prevailing winds may restrict use of the airport during conditions where crosswind velocities exceed the crosswind component of the aircraft.
(h) A wind indicator shall be installed at a location that adequately indicates the surface wind direction and velocity.
(i) Night operations are not authorized.
(j) Telephone service should be available during hours of operation. Emergency contact information should be posted near the telephone.
(k) A traffic pattern diagram with altitudes shall be posted and visible to the aviation public.
(l) The airport license shall be posted and visible to the aviation public.
(m) The airport operator should provide fire extinguishing equipment for emergency fire protection.
(n) A favorable airspace determination from the FAA shall be required prior to final licensing.
(o) Issuance of a license does not preempt other State, Federal or local zoning or permitting requirements.
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