C E R T A L E R T

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# ADVISORY \* CAUTIONARY \* NON-DIRECTIVE

**AIRPORT SAFETY AND OPERATIONS DIVISION AAS-300**

FOR INFORMATION, CONTACT Bruce Landry, (202) 267-8729

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**DATE: 11/04/2004 NO. 04-14**

**TO: AIRPORT OPERATORS CERTIFICATED UNDER 14 CFR PART 139**

**TOPIC:** **ENFORCEMENT POLICY -- SUBMISSION OF ACM TO FAA IN**

**ACCORDANCE WITH PART 139.101 GENERAL REQUIREMENTS**

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On February 10, 2004, the Federal Aviation Administration (FAA)
published in the Federal Register a revision to 14 C.F.R. Part 139,
Certification of Airports. The revision, which became effective on June
9, 2004, modifies and clarifies several existing operating requirements
in 14 C.F.R. Part 139; requires the certification of airports serving
scheduled air carrier operations conducted in aircraft with more than 9
seats, but less than 31 passenger seats; and creates four classes of
airports, Class I through IV, based on the type of air carrier
operations served.

Revised 14 C.F.R. § 139.101(c) provides that persons required to have an
airport operating certificate under 14 C.F.R. Part 139 shall submit an
Airport Certification Manual (ACM) to the FAA for approval within
certain specified time periods, depending on their class of airport.
Class I airports are required to submit their ACMs 6 months after June
9, 2004, and Class II, III, & IV airports are required to submit their
ACMs 12 months after June 9, 2004. These dates were intended to provide
airport operators an opportunity to revise or develop their manuals, as
appropriate, in accordance with the revised rules. They also allowed
time for airport operators to work with the FAA and for the FAA to
respond to any questions or concerns relative to the implementation of
the revised rule.

Since the publication of the rule in the Federal Register, FAA Airports
regional and headquarters personnel have held numerous airport
conferences, seminars, and meetings with airport operators to discuss
the revised rule. The FAA has provided sample ACMs and established an
FAA Airports public website where it has posted the revised rule,
answers to frequently-asked questions, the class for each airport, and
other information relative to the implementation of the revised rule.

An airport operator's submission of an ACM for FAA approval is critical
to the FAA's oversight process and the continued safety of certificated
airports. Therefore, the FAA will strictly enforce the time periods
provided in 14 C.F.R. § 139.101(c) for submission of an ACM. Airport
operators, who are required to have an Airport Operating Certificate
under 14 C.F.R. Part 139, and who fail to submit their ACMs to the
appropriate FAA Airports office by the dates provided in 14 C.F.R. §
139.101(c) are subject to enforcement action, including civil penalty
action.

> OSB

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[11/4/2004]{.underline}

Benedict D. Castellano, Manager Date

Airport Safety and Operations Division

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