[38 Pa.B. 4375]
[Saturday, August 9, 2008]
[Continued from previous Web Page]
CRITERIA D (Editor's Note: As part of this proposed rulemaking, the Department is proposing to replace the text of Criteria D which appears in 67 Pa. Code pages 471-16-- 471-18, serial pages (226974)--(226976) with the following text which has been published in regular type to enhance readability.)
Public Airport--Seaplane (a) The minimum landing lane length is 2,500 feet. The length of the landing lane shall be increased by 7% per 1,000 feet of elevation above sea level. The additional length factor is calculated proportionately using a ratio of 7% for each 1,000 feet of elevation that the runway is above mean sea level, rounded up to the nearest 5-foot increment (that is, an airport at 500 feet above mean sea level would require a minimum length of 2,590 feet).
(b) The minimum primary surface width is 200 feet or 100 feet each side of the landing lane centerline. The landing lane minimum width is at least 100 feet and centered within the primary surface.
(c) A minimum water depth of 3 feet is required at all points within the primary surface.
(d) A landing lane shall have an obstruction free approach surface with a slope of 20 feet horizontal to 1 foot vertical. The following are the approach slope dimensions:
(1) The centerline shall extend outward and upward for 5,000 feet along the landing lane extended centerline.
(2) The surface shall extend laterally 100 feet each side of the centerline, beginning at the landing lane threshold and increase uniformly to 625 feet each side of the centerline at a point 5,000 feet from the end of the landing lane.
(e) A wind indicator shall be installed at a location that adequately indicates the surface wind direction and velocity. The wind indicator shall be lighted if night operations are to be conducted.
(f) Documentation of ownership or lease of suitable docking facilities and written authorization or permit to use the waterway shall be submitted with the application.
(g) If night operations are to be conducted at the airport, landing lane edge lighting shall be installed to define the lateral and longitudinal limits of the useable landing area.
(h) A public telephone should be available during airport operating hours. Emergency contact information telephone numbers shall be posted.
(i) The airport license shall be posted and visible to the aviation public.
(j) A traffic pattern diagram with altitudes shall be posted at the docking facility and visible to the aviation public.
(k) A powerboat shall be readily available for emergencies during normal operating hours.
(l) The airport operator should provide fire extinguishing equipment for emergency fire protection.
(m) Final airspace determination by FAA shall be required prior to final licensing.
(n) Issuance of a license does not preempt other State, Federal or local zoning or permitting requirements.
CRITERIA E (Editor's Note: As part of this proposed rulemaking, the Department is proposing to replace the text of Criteria E which appears in 67 Pa. Code pages 471-18 and 471-19, serial pages (227976) and (227978) with the following text which has been published in regular type to enhance readability.)
Private Airport--Group (a) The minimum runway length is 1,200 feet.
(1) The minimum required runway length will be adjusted where required to accommodate the aircraft to be operated from the airport and will be based upon 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 temperature (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, a statement by the applicant/aircraft owner as to aircraft performance and runway needed may be accepted by the Bureau.
(4) Performance data may be considered, using less than gross weight down loaded condition, if requested by the applicant, to meet minimum runway length requirements.
(5) Displacement of runway thresholds may be used to reduce or eliminate approach slope obstructions as long as sufficient effective runway length remains.
(6) The minimum runway primary surface width shall be 180 feet or 90 feet each side of the runway centerline. The landing surface shall be centered within the primary surface. The minimum width of a turf landing surface shall be 100 feet. The minimum width of a paved landing surface shall be 50 feet. A paved runway primary surface shall extend 200 feet beyond the end of a paved runway and to the end of a turf runway.
(b) A runway end shall have an obstruction free approach surface with a slope of 20 feet horizontal to 1 foot vertical. The following are the approach slope dimensions:
(1) The centerline of this surface shall extend outward and upward for 5,000 feet along the runway extended centerline.
(2) The surface shall extend laterally 90 feet on each side of the centerline of the runway approach threshold and shall 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.
(c) Runway thresholds shall be a minimum of 200 feet from airport property line as measured along the runway extended centerline.
(d) A runway shall be marked.
(1) Turf runways. Runway ends shall be marked. Markers shall be placed at intervals not exceeding 200 feet along each side of the runway for its entire length.
(2) Paved runways. Runway numbers shall be marked at each end.
(3) Marked threshold displacement. Runway threshold displacements shall be marked.
(4) Night operations. Displacements shall be lighted if night operations are to be conducted.
(e) 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.
(f) A wind indicator shall be installed at a location that adequately indicates surface wind direction and velocity. It shall be lighted if night operations are to be conducted.
(g) The runway longitudinal and transverse gradient should not exceed 4%.
(h) 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 useable landing area. Lights will be installed in accordance with current applicable standards.
(i) Fire extinguishing equipment and first aid kits are recommended.
(j) Standard traffic patterns shall be established. Where a nonstandard traffic pattern is necessary, the information shall be made available to those authorized by the owners to use the airport.
(k) A favorable airspace determination from the FAA shall be required prior to license.
(l) Issuance of a license does not preempt other State, Federal or local zoning or permitting requirements.
CRITERIA F (Editor's Note: As part of this proposed rulemaking, the Department is proposing to replace the text of Criteria F which appears in 67 Pa. Code page 471-20, serial page (226978) with the following text which has been published in regular type to enhance readability.)
Private Airport--Individual (a) The minimum runway length is 1,200 feet.
(1) The minimum required runway length will be increased where required to accommodate the aircraft to be operated from the airport and will be based upon 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 (temperature--85° F day; runway elevation above MSL); 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 gear or 15% for tricycle gear aircraft 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, a statement by the applicant/aircraft owner as to the performance and runway needed may be accepted by the Bureau.
(4) Performance data may be considered, using less than maximum certificated take-off weight down loaded condition, if requested by the applicant, to meet runway length requirements.
(5) Displacement of runway thresholds may be used to reduce or eliminate approach slope obstructions as long as sufficient effective runway minimum length remains.
(b) The minimum primary surface shall be 100 feet or 50 feet either side of the runway centerline. The landing surface shall be centered within the primary surface. The minimum width of a paved landing surface shall be 50 feet. The minimum width of a turf landing surface shall be 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 runway:
(1) The centerline of this surface shall extend outward and upward 1,500 feet along the extended runway centerline.
(2) The surface shall extend laterally 50 feet each side of the centerline at the runway approach threshold and increase uniformly in width to 150 feet on each side of the centerline at a point 1,500 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) The runway landing thresholds shall be a minimum of 200 feet from airport property line along the runway extended centerline.
(e) 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 runways. Runway numbers shall be marked at each end.
(3) Marked threshold displacement. Runway threshold displacements shall be marked.
(f) 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.
(g) A wind indicator shall be installed at a location that adequately indicates surface wind direction and velocity.
(h) The runway longitudinal and transverse gradient should not exceed 4%.
(j) Operations are intended for day, visual meteorological conditions (VMC).
(k) Fire extinguishing equipment and first aid kits are recommended.
(l) Standard traffic patterns shall be established. Where a nonstandard pattern is necessary, the information shall be made available to those authorized by the owner to use the airport.
(m) A favorable airspace determination from the FAA shall be required prior to license.
(n) Issuance of a license does not preempt other State, Federal or local zoning or permitting requirements.
CRITERIA G (Editor's Note: As part of this proposed rulemaking, the Department is proposing to replace the text of Criteria G which appears in 67 Pa. Code pages 471-20 and 471-21, serial pages (226978) and (226979) with the following text which has been published in regular type to enhance readability.)
Private Airport--Sport/Ultralight (a) Minimum runway dimensions of 500 feet in length by 100 feet in width aligned within 40° of the prevailing wind are required. Longitudinal and transverse gradients should not exceed 4.0%.
(b) The minimum runway length will be increased to accommodate sport aircraft where applicable and will be based on the performance data obtained from the aircraft flight manuals. Runway length will be that length needed for take-off ground run or landing ground run, whichever is greater, factored for density altitude (temperature-- 85° F, runway elevation above MSL), 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 gear of 15% for tricycle gear will be used. An additional safety factor of 20% shall also be applied.
(c) 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) Runway landing thresholds shall be a minimum of 200 feet from the airport property line as measured along the extended runway centerline.
(d) Runway ends shall be marked. Runway edges shall be marked at intervals necessary to define the lateral runway limits.
(e) 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.
(f) A wind indicator shall be installed at a location that adequately indicates the surface wind direction and velocity.
(g) A favorable airspace determination from the FAA shall be required prior to license.
(h) Issuance of a license does not preempt other State, Federal or local zoning or permitting requirements.
CRITERIA H (Editor's Note: As part of this proposed rulemaking, the Department is proposing to replace the text of Criteria H which appears in 67 Pa. Code pages 471-21 and 471-22, serial pages (226979) and (226980) with the following text which has been published in regular type to enhance readability.)
Private Airport--Seaplane (a) The minimum landing lane length is 2,500 feet. Landing lane length may be reduced if performance data is provided which indicates required take-off and landing distances of less than 2,500 feet.
(b) The minimum primary surface and landing lane width is 100 feet or 50 feet each side of the landing lane centerline. The landing lane minimum width is at least 100 feet and centered within the primary surface.
(c) A minimum water depth of 3 feet is required at all points within the primary surface.
(d) A landing lane end shall have an obstruction free approach surface with a slope of 20 feet horizontal to 1 foot vertical. The following are the approach surface dimensions:
(1) The centerline shall extend outward and upward for 1,500 feet along the landing lane extended centerline.
(2) The approach surface shall extend laterally 50 feet on each side of the centerline of the landing area, beginning at the landing lane threshold and increase uniformly in width to 300 feet at 1,500 feet from the end of the landing area.
(e) A wind indicator shall be installed at a location that adequately indicates the surface wind direction and velocity. The wind indicator shall be lighted if night operations are to be conducted.
(f) Documentation of ownership or lease of suitable docking facilities and written authorization or permit to use the waterway shall be submitted with the license application.
(g) If night operations are to be conducted at the airport, landing lane edge lighting shall be installed to define the lateral and longitudinal limits of the useable landing area.
(h) A favorable airspace approval from the FAA shall be required prior to final licensing.
(i) Standard traffic patterns shall be established. Where a nonstandard traffic pattern is necessary, the information shall be made available to those authorized by the owner to use the airport.
(j) Issuance of a license does not preempt other State, Federal or local zoning or permitting requirements.
CRITERIA I (Editor's Note: As part of this proposed rulemaking, the Department is proposing to replace the text of Criteria I which appears in 67 Pa. Code page 471-22, serial page (226980) with the following text which has been published in regular type to enhance readability.)
Public Heliport--General Aviation (a) The least dimension (that is, length, width or diameter) of the final approach and take-off area (FATO) shall be at least 1.5 times the overall length of the design helicopter rounded up to the next 5 foot increment, but not less than 60 feet.
(1) Helicopters located on raised platforms, piers, docks or buildings may have outer portions of the FATO extend beyond the platform.
(2) The FATO should be graded to provide a smooth surface. A slope gradient of no more than 2% is allowed for any part of the FATO on which a helicopter is expected to land.
(3) The FATO shall be free of objects.
(b) When the entire FATO is not load bearing, a paved or stabilized touch down and lift off area (TLOF) is recommended. The least dimension of the TLOF is recommended to be not less than the rotor diameter of the design helicopter.
(c) A safety area shall be provided around the FATO.
(1) The width of the safety area shall be 1/3 of the rotor diameter of the design helicopter, but not less than 20 feet.
(2) The safety area shall be free of objects.
(d) The heliport shall have two approach/take-off paths separated by an arc of at least 90° and shall have unobstructed approach/take-off surfaces with a slope of 8 feet horizontal to 1 foot vertical.
(1) The approach/take-off paths may curve to avoid objects or noise sensitive areas, or both, and to use airspace above public lands.
(2) The approach/take-off surface shall begin at the threshold, at the same width as the FATO, and shall extend outward and upward for 4,000 feet where its width is 500 feet.
(3) One approach/take-off path may be acceptable if the approaches and take-offs can be conducted safely and if it is unobstructed and crosswind to the prevailing winds.
(e) Transitional surface shall be unobstructed. Transitional surfaces shall extend outward and upward with a slope of 2 feet horizontal to 1 foot vertical from the edge of the approach/take-off surfaces and the FATO for a distance of 250 feet from the center of the FATO and from the centerline of the approach/departure path.
(f) The FATO shall be marked with FAA standard markings for heliports.
(1) The FATO shall be designated by marking the outer perimeter boundary.
(2) If applicable, the touchdown and liftoff (TLOF) shall also be marked. An H marking will identify the heliport as a public facility as well as mark the intended landing position. The H is oriented on the axis of the dominant approach/take-off path. A bar may be placed under the H when it is necessary to distinguish the preferred approach direction.
(3) In ground or surface markings may be used to define either or both the FATO and TLOF.
(4) For unpaved surfaces, the perimeter of a turf FATO shall be identified with in ground markers that will not catch helicopter skids or create barriers to helicopter maneuvering. If raised markings are used, they shall be located at the outer boundary of the safety area and be no more than 8 inches in height. Markers are placed at the corners, and as needed along the edges of the FATO.
(5) For paved surfaces, a 12-inch dashed white line defines the limits of the FATO when the entire surface is paved.
(6) A 12-inch solid white line is used to define the limits of the TLOF.
(g) A wind indicator shall be installed at a location that adequately indicates the surface wind direction and velocity. The indicator shall be lighted if night operations are to be conducted.
(h) Night operations shall comply with the following:
(1) The perimeter of the FATO and the TLOF shall be defined with lights colored in accordance with the current FAA Advisory Circular pertaining to heliport lighting. The lights may not penetrate the approach or transitional surface slopes.
(2) A minimum of four flush or raised fixtures is required per side of a square or rectangular FATO or TLOF. A light is located at each corner, with additional lights spaced uniformly between the corner lights with a maximum interval of 25 feet between lights.
(3) An even number of lights, at least eight, evenly spaced, is required to define a circular FATO or TLOF, with a maximum interval of 25 feet between lights.
(4) Raised light fixtures, modified to be not more than 8 inches in height, should be located 10 feet out from the FATO edge.
(5) Flush lights may be located on the TLOF edge or within 1 foot of the TLOF edge.
(6) When nonflush lights are used on a raised TLOF, light fixtures modified to no more than 8 inches in height may be used to define the TLOF. They shall be located 10 feet out from the TLOF edge and may not penetrate a horizontal plane at the TLOF's elevation by more than 2 inches.
(7) Flood lighting may also be used in lieu of, or to supplement, perimeter lights. The flood lights shall be installed so they do not interfere with helicopter operations or interfere with pilot vision.
(8) Obstruction lights should be installed on objects near the approach surfaces or where deemed necessary by the Bureau.
(i) A rotating beacon is recommended to be installed for night operations at public heliports.
(j) When the TLOF is on a platform elevated more than 30 inches above its surroundings, a 5-foot wide safety net or shelf shall be provided. The safety net shall have a load carrying capability of at least 25 pounds per square foot. The net or shelf may not project above the level of the TLOF.
(k) Rooftop heliports shall comply with the following:
(1) The size of the FATO and the TLOF for a rooftop or elevated heliport shall be the same as for ground level.
(2) When the TLOF is less than the rotor diameter of the design helicopter, additional nonload bearing surface is required for support of the main rotor downwash ground effect. Load bearing surface size and designed load capacity shall be in accordance with the current edition of the FAA heliport design guide.
(l) Where practicable, wires within 500 feet of the FATO are recommended to be marked.
(m) A telephone shall be available to the public 24 hours a day. Emergency and aviation information telephone numbers shall be posted near the telephone.
(n) A traffic pattern diagram with altitudes shall be posted and visible to the aviation public.
(o) The heliport operator will provide fire extinguishing equipment for emergency fire protection.
(p) A favorable airspace determination from the FAA shall be required prior to final licensing.
(q) Issuance of a license does not preempt other State, Federal or local zoning or permitting requirements.
CRITERIA J (Editor's Note: The following text is new and has been printed in regular type to enhance readability.)
Private Heliport (a) The least dimension (that is, length, width or diameter) of the final approach and take-off area (FATO) shall be 1.5 times the overall length of the design helicopter rounded up to the nearest 5 foot increment, but not less than 60 feet.
(1) Helicopters located on raised platforms, piers, docks or buildings may have outer portions of the FATO extend beyond the platform.
(2) The FATO should be graded to provide a smooth surface. A slope gradient of no more than 2% is allowed for any part of the FATO on which a helicopter is expected to land.
(3) The FATO shall be free of objects.
(b) When the entire FATO is not load bearing, a paved or stabilized touchdown and liftoff area (TLOF) is recommended. The least dimension of the TLOF is recommended to be not less than the rotor diameter of the design helicopter.
(c) A safety area will be provided around the FATO as follows:
(1) The width of the safety area shall be 1/3 of the rotor diameter of the design helicopter, but at least 10 feet.
(2) The safety area shall be free of objects.
(d) The heliport shall have two approach/take-off paths separated by an arc of at least 90° and shall have unobstructed approach/take off surfaces with a slope of 8 feet horizontal to 1 foot vertical.
(1) Approach/take-off paths may curve to avoid objects or noise sensitive areas, or both, and to use airspace above public lands. Approach surface requirements are applicable for the entire route.
(2) The approach/take-off surface shall begin at the threshold, at the same width as the FATO and shall extend upward and outward for a distance of 1,000 feet where its width is 200 feet.
(3) One approach/take-off path may be acceptable if approaches can be conducted safely and if it is unobstructed and crosswind to the prevailing winds.
(e) The FATO shall be marked with FAA standard markings for heliports.
(1) The FATO shall be designated by marking the outer perimeter boundary.
(2) If applicable, the TLOF shall also be marked.
(3) The FATO or TLOF may be marked with company logo or name.
(4) A hospital heliport shall be identified by a red capital H centered on a white cross. The dimensions of the cross and H are described in the current edition of the FAA Heliport Design Advisory Circular.
(5) In ground or surface markings may be used to define either or both the FATO and TLOF.
(6) The perimeter of a turf FATO shall be identified with in ground markers that will not catch helicopter skids or create barriers to helicopter maneuvering. If raised markings are used, they shall be located at the outer boundary of the safety area and be no more than 8 inches in height.
(7) A 12-inch dashed white line defines the limits of the FATO when the entire surface is paved.
(8) A 12-inch solid white line is used to define the limits of the TLOF.
(f) A wind indicator shall be installed at a location that adequately indicates the surface wind direction and velocity. The wind indicator shall be lighted if night operations are to be conducted.
(g) Night operations shall comply with the following:
(1) The perimeter of the FATO or the TLOF (but not both) shall be defined with lights colored in accordance with the current FAA Advisory Circular pertaining to heliport lighting.
(2) At least 8 evenly spaced lights are required to define a circular FATO or TLOF, with a maximum interval of 25 feet between lights.
(3) A minimum of three flush or raised fixtures is required per side of a square or rectangular FATO or TLOF. A light is located at each corner, with additional lights spaced uniformly between the corner lights with a maximum interval of 25 feet between lights.
(4) Raised light fixtures, modified to be not more than 8 inches in height, should be located 10 feet out from the FATO edge.
(5) Flush lights may be located on the TLOF edge or within 1 foot of the TLOG edge.
(6) When nonflush lights are used on a raised TLOF, light fixtures modified to no more than 8 inches in height may be used to define the TLOF. They must be located no more than 10 feet out from the TLOF edge and may not penetrate a horizontal plane at the TLOF's elevation by more than 2 inches.
(7) Flood lighting may also be used in lieu of, or to supplement, perimeter lights. The flood lights shall be installed so as not to interfere with helicopter operations or interfere with pilot vision.
(8) Obstruction lights should to be installed on objects near the approach surfaces or where deemed necessary by the Bureau.
(h) When the TLOF is on a platform elevated more than 30 inches above its surroundings, a 5-foot wide safety net or shelf shall be provided. The safety net shall have a load carrying capability of at least 25 pounds per square foot. The net or shelf may not project above the level of the TLOF.
(i) Rooftop heliports shall comply with the following:
(1) The size of the FATO and TLOF for a rooftop or elevated heliport shall be the same as for ground level.
(2) When the TLOF is less than the rotor diameter of the design helicopter, additional nonload bearing surface is required for support of the main rotor downwash ground effect. Load bearing surface size and designed load capacity shall be in accordance with the current edition of the FAA heliport design guide.
(j) When practicable, wires within 500 feet of the FATO are recommended to be marked.
(k) The heliport operator shall provide fire extinguishing equipment for emergency fire protection.
(l) A favorable airspace determination from the FAA shall be required prior to final licensing.
(m) Issuance of a license does not preempt other State, Federal or local zoning or permitting requirements.
APPENDIX B (Editor's Note: The following text is new and has been printed in regular type to enhance readability.)
(a) Section 471.3(d) (relating to airport licensing) allows the Bureau to waive, for ''good cause,'' compliance with the licensing criteria and related requirements. It must be understood, however, that no waivers will be granted for conditions which are inconsistent with FAA Grant Assurance obligations or other applicable FAA regulation unless permission is granted by the FAA.
(b) The following is a nonexhaustive illustrative list of potential waiverable conditions:
(1) Runway length.
(2) Runway width.
(3) Runway obstacle free zone.
(4) Approach surface penetrations.
(5) Runway markings.
(6) Runway alignment.
(7) Longitudinal and transverse grades.
(8) Telephone requirements.
(c) When evaluating any nonstandard condition for a waiver, the following will be considered in determining ''good cause:''
(1) Type and performance characteristics of the critical aircraft operating at the facility.
(2) History of incidents attributable to the nonstandard conditions as determined by the FAA or National Transportation Safety Board (NTSB).
(3) Operational limitations, such as Visual Flight Rules (VFR)-day only.
(4) Physical constraints.
(5) Financial feasibility of undertaking improvements to meet airport licensing criteria.
(6) How similar issues have been handled with respect to other airports.
(7) Facility preservation.
(8) Availability of visual guidance systems.
CHAPTER 473. AVIATION DEVELOPMENT GRANTS § 473.2. Definitions.
[The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Aircraft--A contrivance, except an unpowered hang-glider or parachute, used for manned ascent into or flight through the air.
Airport--An area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and an appurtenant area which is used, or intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with airport buildings and facilities thereon. Unless indicated otherwise, the term includes heliports and public airports.
Aviation-related areas--An area of an airport used, or intended to be used, in the direct operation of the airport. 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. The term does not include hangers, terminals and a 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.
Aviation restricted account--The account into which revenues generated from the sources in section 5103(b) of the code (relating to aviation restricted account) are deposited.
Bureau--The Bureau of Aviation of the Department.
Code--74 Pa.C.S. §§ 5101--6169 (relating to the Aviation Code).
Department--The Department of Transportation of the Commonwealth.
Director--The Director of the Bureau of Aviation.
Grant--An offer of funding assistance from the Department to a sponsor for a project in this chapter.
Landing area--An area used, or intended to be used, for the landing, taking off or surface maneuvering of aircraft.
Person--A corporation, company, association, society, firm, partnership or joint stock company, as well as an individual, the Commonwealth and its political subdivisions, agencies or instrumentalities.
Private airport--An airport which is privately owned and which is not open or intended to be open to the public.
Public airport--An airport which is either publicly or privately owned and which is open to the public.
Sponsor--A person applying for, or having received, an aviation development grant for a public airport.]
Words and terms used in this chapter have the same meaning as they are given in § 471.2 (relating to definitions), unless the context clearly indicates otherwise.
§ 473.3. Eligibility requirements and criteria.
(a) The minimum requirements and criteria for eligibility to apply for an aviation development grant is that the facility shall be an appropriately licensed public airport located in this Commonwealth and the applicant shall be an eligible sponsor.
(b) The following are projects eligible for consideration of an offer of an aviation development grant.
* * * * * (6) Runway, taxiway and apron marking and lighting.
* * * * * (11) [Obstruction removal] Removal, lighting and marking of [airports] obstructions.
(12) Airport safety[/] and security fencing.
* * * * * (14) Acquisition of land or easements for airport development.
(15) Equipment [or] and buildings, [or both,] dedicated to aircraft [crash/fire/] rescue and firefighting purposes.
* * * * * (19) Necessary [airport engineering/] project/planning/environmental studies/engineering plans, specifications and cost estimates.
(20) Airport [master] planning, including, but not limited to, master plans, noise and land use studies.
* * * * * (23) [Another project] Other projects which, in the discretion of the Department, should be considered.
§ 473.4. Limits of funding.
* * * * * (b) Non-Federal aid projects. [The maximum grant to a sponsor may be up to 75% of the eligible amount of the project.] The maximum grant to a sponsor for State and local participation projects will be flexible. In no case, will State participation exceed 90% of the total project cost. Projects that may be funded at the 90% level will be those projects at non-Federally eligible airports that the Bureau requires be accomplished. The Bureau will work in good faith with airport sponsors to develop feasible and practicable plans for funding any mandated project.
§ 473.5. [Application procedure] (Reserved).
(Editor's Note: As part of this proposed rulemaking, the Department is proposing to rescind § 473.5 which appears in 67 Pa. Code pages 473-4 and 473-5, serial pages (254118) and (254119).)
§ 473.5a. Project selection process and criteria.
(a) Project selection. Aviation development grants for projects on the 12-year plans and Airport Capital Improvement Programs (ACIPs) on file with and agreed to by the Bureau will be selected for consideration on an annual basis upon written request from sponsors.
(b) Consideration. Following the published closing date identified in § 473.5b (relating to important dates and notification procedure) for the receipt of applicable documentation, projects will be considered for funding for future fiscal years.
(c) Incomplete documentation. The Department reserves the right to consider documentation for aviation development grants which may be technically incomplete on the deadline identified in § 473.5b, but which will be made complete in a timely fashion. The decision to consider documentation which may be determined incomplete on the documentation deadline is made at the sole discretion of the Bureau.
(d) Review process. In evaluating the documentation, the Department may establish internal review procedures, review committees or other administrative mechanisms sufficient to handle the responsibilities of these programs. The Department will maintain an ongoing record of the specific review mechanisms used for the consideration of the documentation and to make available to applicants an outline of the current applicable internal review procedures.
(e) Review by Bureau. The Bureau will review and evaluate submitted documentation with respect to applicable criteria for project funding, available funds, current priorities for development of the airport and significant environmental or economic factors.
(f) Criteria used in review. In considering submitted documentation, the Bureau will give weight and consideration to the following criteria:
(1) Improvement of the safety of airport operations.
(2) The effects of the project on both the overall airport system and the local airport.
(3) The impact of the project on the area surrounding the airport.
(4) Availability of local funds for airport development.
(5) The capture of Federal funds for airport development.
(6) Current policy of the Commonwealth on transportation improvements and economic development.
(7) Current and future demand for passenger service, based or itinerant aircraft and freight services.
(8) Assurance that there is a viable network and reasonable distribution of services and safe facilities throughout this Commonwealth.
(9) The extent to which the project would contribute to the welfare of the citizens of this Commonwealth.
(10) Other criteria as may be considered from time to time.
(g) Discretion in evaluation. In consideration of the various criteria applicable to the review of submitted documentation, the Bureau reserves the right to evaluate criteria in a manner which may take into account unique or special factors at any airport and emergency situations. Factors making an airport unique from others may include the character of the market it serves, the type and use of based aircraft, the current or future role of the airport, nearby facilities offering similar services or other significant elements contributing to the character or utilization of the facility.
§ 473.5b. Important dates and notification procedure.
(a) The Bureau will publish annual critical dates for the upcoming calendar year in the first publication of the Pennsylvania Bulletin of the calendar year preceding the upcoming fiscal year. Additionally, the Bureau will provide direct notification to current sponsors.
(b) Documentation for aviation development grants is considered on an annual basis. From the completed planning documents on file for a given fiscal year, July 1 to June 30, projects will be selected for grants.
(c) Documents on file, but incomplete, may be excluded from consideration for grants in that fiscal year. The deadlines for submission of aviation development grant related documentation for a given fiscal year is the close of business of the published date (4:30 pm Eastern Time).
(d) The sponsor will receive a letter of intent for projects selected as described in § 473.9 (relating to offer and acceptance of an aviation development grant), which will authorize the sponsor to proceed with project formulation described in § 473.6a (relating to project execution).
(e) The Department will send a written conditional offer for a grant to a sponsor for a selected project in accordance with § 473.9.
§ 473.6. [Deadlines for preapplications and applications] (Reserved).
(Editor's Note: As part of this proposed rulemaking, the Department is proposing to rescind § 473.6 which appears in 67 Pa. Code page 473-5, serial page (254119).)
§ 473.6a Project execution.
(a) Upon receipt of a letter of intent in accordance with § 473.9 (relating to offer and acceptance of an aviation development grant), a sponsor may proceed with project formulation and the applicable plans, specifications, procurement of the necessary contracting services and other work necessary pursuant to the future phases of the project.
(1) If the intended project is an airport master planning, environmental planning or related planning study, or both, the applicant shall:
(i) Engage a professional planner or an engineer, or both, with appropriate experience in the particular planning area to accomplish the planning study and related work items as required.
(ii) Provide required documentation including, but not limited to, the scope of services, objectives, work schedule, detailed cost schedule and contract documents required for Department review and approval prior to granting of funds.
(2) If the intended project is land acquisition or interest therein, or both, the applicant shall:
(i) Engage a professional engineer or surveyor registered in this Commonwealth to prepare a property map and provide legal descriptions prior to negotiations.
(ii) Provide other necessary maps, reports, environmental documentation and cost estimates as may be required for Department review and approval prior to the granting of funds.
(3) If the intended project is construction or facility modification, the applicant shall:
(i) Engage a professional engineer registered in this Commonwealth to prepare detailed construction plans and specifications and to provide construction engineering, inspection and material testing as required.
(ii) Provide certified maps, reports, detailed construction plans, specifications and contract documents as may be required for Department review and approval prior to granting of funds.
(4) If the intended project is an equipment procurement--ARFF or Snow Removal--the applicant shall:
(i) Prepare detailed procurement specifications.
(ii) Provide reports, detailed procurement specifications, contract documents and cost estimates as may be required for Department review and approval prior to granting funds.
(b) At the request of the Bureau, the sponsor shall submit:
(1) The estimated cost--by item quantity and unit cost item extended to total cost.
(2) A copy of approved airport layout plan--if requested.
(3) A copy of environmental finding--if requested.
(4) A copy of airspace determination--if requested.
(5) A copy of the sponsor's certification--if required or requested by the Bureau.
(6) Other materials or information, or both, deemed necessary by the Department.
§ 473.7. Public records.
[A preapplication or] An application [, or both, ] for an aviation development grant made under this chapter is considered a document of public record at the time of filing, and will be made available to persons for inspection.
§ 473.8. [Grant selection process and criteria] (Reserved).
(Editor Note: As part of this proposed rulemaking, the Department is proposing to rescind the text of § 473.8 which appears in 67 Pa. Code pages 473-6 and 473-7, serial pages (254120) and (284985).)
§ 473.9. Offer and acceptance of an aviation development grant.
(a) [Conditional offer.] The Department will send a written conditional offer to a sponsor whose application has been approved. The Department's conditional offer may completely fund an eligible project as proposed, or a portion of an eligible project.
(b) [Application required. Upon receipt of a conditional offer from the Department, a sponsor shall, within the time set forth in the conditional offer, submit an application under § 473.5 (relating to application procedure).] Upon receipt of a conditional offer from the Department, a sponsor shall, within the time set forth in the conditional offer execute and submit the grant agreement.
(1) Failure of a sponsor to indicate acceptance of the terms of the grant agreement within the specified response period, will be considered as a rejection of the final offer.
(2) Acceptance of the grant agreement is not binding on a sponsor or the Department until the documents are fully executed between the Department and the sponsor.
(c) [Final offer. If the Department decides to make a final offer to a sponsor, it will notify the sponsor in writing and include a grant agreement as apart of the final offer.
(d) Acceptance. A sponsor who has received a final offer has 30 days to indicate by registered mail, acceptance of final order.
(1) Acceptance of a final offer is not binding on a sponsor until the execution of the grant agreement between the Department and the sponsor.
(2) Failure of a sponsor to indicate acceptance of the terms of a final offer within the 30 day response period, will be considered as a rejection of the final offer and termination of the application.
(e) Review process. In evaluating preapplications and applications, the Department may establish internal review procedures, review committees or other administrative mechanisms sufficient to handle the responsibilities of these programs. The Department will maintain an ongoing record of the specific review mechanisms used for the consideration of preapplications and applications and to make available to applicants an outline of the current applicable internal review procedures.
(f) Discretion of Department.] Unless otherwise restricted by statute, the Department has absolute discretion in the selection of projects and in the determination of funding levels, priorities, critical project selection criteria, project phasing, project design and specifications and performance criteria.
[(g) Amendments to projects.] (d) In the consideration of [a preapplication or an application,] the documentation provided, the Department may determine that a proposed project should be amended to accommodate available funding, applicable airport design criteria, anticipated use or to better accommodate potential user needs. The Department may offer an aviation development grant for a project whose specifications, terms or scope have been modified by the Department.
[(h) Consultation does not insure offer.] (e) In the event that the Department confers with a sponsor to amend a proposed project, the sponsor understands that consultation and amendment does not insure that an offer will be made.
§ 473.13. Payment procedures.
Unless otherwise specified by the Department, the following general procedures are to be used for funds from an aviation development grant:
* * * * * (4) Payment requests shall be limited to monthly submissions. The Bureau reserves the right to request additional submissions to facilitate the end of year and grant closeout requirements.
CHAPTER 477. LOCAL REAL ESTATE TAX REIMBURSEMENT GRANTS § 477.2. Definitions.
[The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Aircraft--A contrivance, except an unpowered hang-glider or parachute, used for manned ascent into or flight through the air.
Airport--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. Unless indicated otherwise, airport includes heliports and public airports.
Aviation-related areas--An area of an airport used, or intended to be used, in the direct operation of the airport. 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. The term does not include hangars, terminals and a 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.
Aviation restricted account--The account into which revenues generated from sources set forth in section 5103(b) of the code (relating to aviation restricted account) are deposited.
Bureau--The Bureau of Aviation of the Department.
Code--74 Pa.C.S. §§ 5101--6169 (relating to the Aviation Code).
Department--The Department of Transportation of the Commonwealth.
Director--The Director of the Bureau.
Grant--An offer of funding assistance from the Department to the owner of a public airport for a local real estate tax reimbursement grant.
Landing area--An area used, or intended to be used, for the landing, taking off or surface maneuvering of aircraft.
Owner--The person holding legal or equitable title to an airport.
Person--A corporation, company, association, society, firm, partnership or joint stock company. The term includes an individual, the Commonwealth and all political subdivisions of the Commonwealth or agencies or instrumentalities.
Private airport--An airport which is privately owned and which is not open or intended to be open to the public.
Public airport--An airport which is either publicly or privately owned and which is open to the public.]
Words and terms used in this chapter have the same meaning as they are given in § 471.2 (relating of definitions), unless the context clearly indicates otherwise.
CHAPTER 479. OBSTRUCTION TO AIRCRAFT § 479.2. Definitions.
[The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Aircraft--A contrivance used for manned ascent into or flight through the air. The term does not include an unpowered hang-glider or parachute.
Airport--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. The term includes heliports and public airports.
Approach area--The area lying within and above an inclined plane starting at each end of each runway of a public airport, as descriped by guidelines or regulations adopted by the Federal Aviation Administration.
Bureau--The Bureau of Aviation of the Department.
Code--74 Pa.C.S. §§ 5101--6169 (relating to the Aviation Code).
Department--The Department of Transportation of the Commonwealth.
Director--The Director of the Bureau.
Person--A corporation, company, association, society, firm, partnership or joint stock company. The term includes an individual, the Commonwealth and all political subdivisions of the Commonwealth or agencies or instrumentalities.
Public airport--An airport which is either publicly or privately owned and which is open to the public.]
Words and terms used in this chapter have the same meaning as they are given in § 471.2 (relating of definitions), unless the context clearly indicates otherwise.
[Pa.B. Doc. No. 08-1460. Filed for public inspection August 8, 2008, 9:00 a.m.]
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