The 139 NPRM
Overview of proposed revisions to certificated airport requirements
By Bobbi Thompson, Consultant
May 2001
The proposed rulemaking would revise and clarify safety and operational requirements that have become outdated, or changes that are needed to update regulatory requirements to today’s practices and technology. FAA expects to release the final rule November 1, followed by a Congressional review.
The proposed rulemaking presents certain changes for existing Part 139 airports and establishes certification requirements for airports serving scheduled air carriers in aircraft with 10 to 30 seats (currently above 30 seats). The proposed rules will have associated costs in almost all areas, and airport sponsors are advised to carefully read and understand the implications for their airports. Communication with the FAA Regional Airports Division Office and an in-depth review of the proposed rule is highly recommended.
BACKGROUND
The issuance of airport operating certificates
began in 1970 and was intended to establish minimum safety standards for
airports serving certain air carriers. This authority can be found in
Title 49, United States Code (U.S.C.) section 44706, Airport Operating
Certificates. This statutory authority was limited to land airports serving
air carriers with scheduled service using aircraft that have a seating
capacity of more than 30 seats.
Under existing rules, the Federal Aviation
Administration issues two types of airport operating certificates depending
on the type air carrier operations an airport serves:
• An Airport Operating Certifi-cate
(AOC) "full" certificate is issued to airports that regularly
serve large air carrier operations and requires the airport operators
to comply fully with all Part 139 requirements. Of the approximately 660
certificated airports, some 430 hold a "full" certificate.
• Airport operators serving only unscheduled
operations of large air carrier aircraft are required to have a Limited
Airport Operating Certificate (LOAC), known as a "limited" certificate.
Approximately 135 airport operators hold a "limited" certificate.
The remaining certificated airports (about
90) are Department of Defense airports serving air carrier operations.
These facilities are issued an air operating certificate but are exempted
from Part 139 requirements (FAA Exemption No. 5750B).
NEW REQUIREMENTS
The proposed rules would require about 120
of the current LOAC airports to implement the existing safety requirements
in Part 139 on a more frequent basis and comply with additional safety
measures. Existing Certification Manuals at AOC airports would need to
be revised to comply with the proposed modifications. In addition, 50
of the current "full" Part 139 airports may be required to implement
certain safety measures more frequently.
The proposed rulemaking recommends that
all airports be certified as an AOC and have the same manual type certification
manuals. Currently, each Part 139 certificated airport is required to
prepare and comply with a written compliance document that establishes
site-specific procedures, equipment, and personnel used to comply with
Part 139 requirements.
At a full certification airport the document
is called an Airport Certification Manual; at a limited certification
airport it is called Airport Certification Specifications. Under the proposal
requirements, the manuals would have some variances depending on the proposed
new airport classification categories.
If the proposal is adopted, each airport
serving air carrier operations within the parameters of the new proposal
should contact the FAA Regional Airports Division Office to initiate the
application process. This office will interview the airport operator about
current and anticipated operations and then make a determination if a
certificate is necessary.
If a certificate is required, an application
(FAA Form 5280-1) will need to be filled out and a certification manual
prepared. Holders of airport operating certificates would not be required
to reapply; the FAA would convert existing certificates as appropriate.
Differentiating Airports By Class
The FAA does intend to distinguish between
airports that serve different sizes or types of aircraft under the new
proposal. Airports would be grouped into four new classes, I through IV,
and specific requirements are proposed for each new class of airport.
The intent of this approach is to ensure that airports serving small air
carriers or unscheduled air carrier operations are not unduly burdened
with the requirements proposed for more complex airport operations.
The following applies to all airports except
airports operated by U.S. government agencies and certain airports in
Alaska:
Class I. Serves all types of air carrier
operations; must comply with all requirements.
Class II. Serves scheduled operations of
air carrier operations with aircraft having 10 to 30 seats and non-scheduled
operation of large aircraft.
Class III. Serves only scheduled operations
of air carriers with aircraft having 10-30 seats.
Class IV. Serving unscheduled air carriers
with aircraft having more than 30 seats.
Bobbi Thompson serves as executive vice president of Atlanta-based Airport Business Solutions and manager of the firm’s Florida office. Bobbi has spent 30 years in the aviation industry and her tenure has included airport management, FBO ownership/management, world record pilot, and director positions with several aviation organizations. She can be reached at (941) 573-9647.
Class Specifics - Breaking Down the Part 139 Changes
A quick reference to additional proposed changes to Federal Aviation Regulation Part 139
Class I Airports
• Personnel provisions – A recordkeeping
system and new personnel training standards
• ARFF – New recurrency training,
fire extinguishing agent, and HAZMAT response standard; increased frequency
of ARFF coverage (where ARFF is not covered for small or carrier operations)
• HAZMAT handling/storage – Standards
for air carrier fueling operations; additional fuel fire safety and personnel
training standards
• Wildlife hazard management –
New wildlife strike reporting, hazmat assessment, and management plan
standards
• Airport condition reporting –
New notification standard
Class II
• Personnel provisions - New requirements
for recordkeeping; new personnel training standards.
• Snow and ice control plan –
New requirements for snow and ice control
• ARFF (negotiated standard) –
New ARFF standards
• Traffic and/wind indicators (negotiated
standard) – New standard
• Airport emergency plan (AEP) –
New requirement for AEP (no triennial exercise required)
• Self-inspections (negotiated standard)
– New standard
• Ground vehicle operations –
New requirements for ground vehicle operators
• Obstructions – New requirement
• Navaids – New requirements
• Public protection – New requirements
• Wildlife hazard management –
New requirements
• Airport condition reporting –
New airport condition reporting standard
• Construction/unserviceable areas
– New requirements
Class III
• Personnel provisions - A recordkeeping
system and new personnel training standards
• Paved and unpaved surfaces –
Required
• Safety areas - Required
• Marking, lighting, and signs –
Required
• Snow and ice control plan –
Required
• ARFF (negotiated standard) –
Required
• HAZMAT handling and storage - Required
• Traffic and/wind indicators (negotiated
standard) – Required
• Airport emergency plan (AEP) –
Required (no triennial exercise required)
• Self-inspections (negotiated standard)
– Required
• Ground vehicle operations –
required
• Obstructions – Required
• Navaids – Required
• Public protection – Required
• Wildlife hazard management –
Required
• Airport condition reporting –
Required
• Construction/unserviceable areas
– Required
Class IV
• Personnel provisions - New requirements
for record keeping; new personnel training standards
• Airport emergency plan (AEP) –
New requirement for AEP (no triennial exercise required)
* * *
This is only a brief overview of the proposed
changes and each airport is encouraged to determine how the proposed rules
will impact its airport both operationally and financially.