# Presentation: 706375

## 14 CFR Part 139,Certification of AirportsFinal Rule

**14 CFR Part 139,****Certification of Airports****Final Rule**

**Federal Aviation Administration**** **
**Associate Administrator for Airports**

**March 2004**

## Summary of Revision

- Modifies current requirements to address—
- Changes in technology and industry practices
- NTSB recommendations
- Petition for rulemaking
- Establishes new certification requirements for airports serving _scheduled_ air carrier operations in aircraft with 10-30 seats (except in Alaska)
- Revises existing airport certification requirements  in various areas

## Summary of Revision

- Published in the Federal Register on February 10, 2004
- Effective June 9, 2004
- For a copy of the final rule and guidance materials, go to http://www.faa.gov/arp/

## Certification Status Table

- Located on FAA web site
- Provides status, class, and ARFF Index for each airport
- Updated as FAA issues new or revised AOCs
- Airport classification may change if air carrier service changes
- Classification of airports without air carrier service will be determined on a case-by-case basis

## Part 139 Final Rule

**SUBPART A**** **
**GENERAL**

## 139.1 Applicability

- Expands Part 139 to non-certificated airports that serve _scheduled_ small air carrier aircraft (10-30 passenger seats)
- Excludes airports operated by the U.S. Government and heliports
- Not applicable to Alaskan airports if no large air carrier aircraft are being served

## 139.5 Definitions

**Four Airport Classifications:**

|  | I | II | III | IV |
| --- | --- | --- | --- | --- |
| Scheduled large air carrier | X |  |  |  |
| Scheduled small air carrier | X | X | X |  |
| Unscheduled large air carrier | X | X |  | X |

##  139.5 Definitions

- Revises the definition of air carrier aircraft:
- Large air carrier aircraft – 31+ passenger seats
- Small air carrier aircraft – 10-30 passenger seats
- Expands definition of wildlife to include feral animals
- Adds an advisory note to alert airport operators that Part 380 (public charter) operators must use Part 139 airports

## Part 139 Final Rule

**SUBPART B**
**CERTIFICATION**

## Subpart B 

- No new sections
- Existing requirements modified to:
- Address new airport classifications
- Implement new statutory authority
- Allow response to off-airport emergency without automatic written notification to FAA
- Eliminated Limited AOC
- Only one type of operating certificate
- Existing AOCs to be converted

## 139.101 General Requirements

- Establishes deadline to submit new/revised ACM
- Class I airports must submit revised ACM to FAA by December 9, 2004
- Class II, III, & IV airports must submit new/revised ACM to FAA by June 9, 2005

## 139.107 Issuance of Certificate

** ****FAA will issue a new certificate after ****–**
- Determining that the airport operator has implemented Part 139 requirements that do not have deferred dates;
- Approving the Airport Certification Manual; and
- Completing the initial airport certification inspection
**Holders of an existing AOC must submit a revised ACM by the deadline and implement Part 139 requirements that do not have deferred dates**

## 139.109 Duration of Certificate

- FAA cannot terminate an Airport Operating Certificate due to lack of air carrier service
- AOC is effective until surrendered or  revoked by the Administrator
- Airports not serving air carrier operations may be placed in an inactive status and not inspected by FAA until air carrier operations return

## 139.111 Exemptions

- Revised exemption section includes process for requesting ARFF exemption
- New requirements for petitioner to submit financial data
- Revised requirements for petitioner to prearrange emergency response services, without timed response, equipment, or personnel requirements

## Part 139 Final Rule

**SUBPART C**
**AIRPORT CERTIFICATION MANUAL**

## Airport operators may continue to serve air carrier operations until the deadline for submitting new or revised ACMs  
After deadline, airport operators that:
Have submitted a new/revised ACM but have not been issued a new certificate will be contacted by FAA to determine to what extent air carrier service can continue 
Have not submitted their ACM for approval cannot serve air carrier operations 
Most compliance dates are based on the date the new/revised ACM is approved by the FAA

**After deadline, airport operators that:**
- Have submitted a new/revised ACM but have not been issued a new certificate will be contacted by FAA to determine to what extent air carrier service can continue
- Have not submitted their ACM for approval cannot serve air carrier operations
**Most compliance dates are based on the date the new/revised ACM is approved by the FAA**

**Airport Certification Manual**

## Airport Certification Manual

**A new ACM Advisory Circular and Sample ACM will be available on the  FAA web site at ****www.faa.gov/arp**** ****in the near future**
**After approval of the ACM, the FAA will issue the new Airport Operating Certificate**** **
**The description of an airport’s classification will be contained in the ACM**

## 139.203 Contents of ACM

-     **Class I **airport operators must revise ACM.  Revision should include:
- Language changes and additions to correspond to new terminology and definitions
- A new section describing a recordkeeping system (§139.301)
- A new section describing personnel training               (§§ 139.303 & .327)
- Update to the Marking and Sign Plan to include runway markings and holding position markings

## 139.203 Contents of ACM

-     **Class I airports** – (continued):
- Update fueling procedures to include air carrier fueling operations (§139.321)
- Update Airport Emergency Plan to include fires in fuel storage areas and hazardous materials (§139.335)
- Update ground vehicle procedures to include pedestrians and specify training programs (§139.329)

## 139.203 Contents of ACM

**Class II airports** –
- Revise ACM in a manner similar to a Class I airport; or
- Convert ACS into an ACM with additional elements, including:
- A description of the system for maintaining records (§139.301)
- A description of personnel training (§139.303)

## 139.203 Contents of ACM

**Class II airports** –(continued):
- Revised Marking and Sign Plan to include runway markings and holding position markings
- A Snow & Ice Control Plan (§139.313)
- Revised ARFF sections (§§ 139.317 & 139.319)
- Revised Fueling section (§139.321)
- New Airport Emergency Plan (§139.325)
- New Pedestrian/Ground Vehicle section (§139.329)
- New sections addressing Obstructions, NAVAIDS, Public Protection, Wildlife, and Construction (per Subpart D)

## 139.203 Contents of ACM

**Class III airports ****–**
- Develop an ACM addressing all of the required elements; or
- Convert ACS into an ACM with additional elements, including:
- A description of the system for maintaining records (§139.301)
- A description of personnel training (§139.303)

## 139.203 Contents of ACM

**    ****Class III airports**** ****–**** (continued):**
- Revised Marking and Sign Plan to include runway markings       and holding position markings
- A Snow & Ice Control Plan (§139.313)
- Revised ARFF sections (§139.315(e) or §§139.317 and 139.319)
- Revised Fueling section (§139.321)
- New Airport Emergency Plan (§139.325)
- New Pedestrian/Ground Vehicle section (§139.329)
- New sections addressing Obstructions, NAVAIDS, Public Protection, Wildlife, and Construction (per Subpart D)

## 139.203 Contents of ACM

-     **Class IV airports ****– **Convert existing ACS into an ACM that addresses all elements, _**except**_ for the following sections:
- Interruption of NAVAIDS during Construction
- Snow & Ice Control Plan (§139.313)
- Pedestrian and Ground Vehicles (§139.329)
- Protection of NAVAIDS (§139.333)
- Public Protection (§139.335)
- Wildlife Hazard Management (§139.337)
- Marking and Lighting Construction (§139.341)

## Part 139 Final Rule

**SUBPART D**
**OPERATIONS**

## 139.301 Records (new)

-     **Length of time records must be maintained:**
**24 months** for –
- Operations personnel training
- ARFF & EMS personnel training
- Pedestrian and ground vehicle training
**12 months** for –
- Airport tenant fueling inspections & agent training
- Self Inspection
- Ground vehicle accident and incident
- Airport condition reporting

## 139.303 Personnel

**Provide sufficient and qualified personnel to comply with the requirements of the ACM and Part 139**
**Equip personnel with sufficient resources needed to comply with the requirements of Part 139 **
**Can use an independent organization to comply with Part 139, e.g., the  local Fire Marshall conducts quarterly inspections of the physical fuel facilities at the airport**

## 139.303 Personnel

**Train personnel with access to movement areas and safety areas and perform duties in compliance with the requirements of the ACM and Part 139**
**Curriculum to include airport familiarization, pedestrian/ground vehicle procedures, communications, ACM duties, and any additional subject areas required under ****§§****139.319, .321, .327, .329, .337, and .339, as appropriate**

## 139.303 Personnel

- Training must be completed initially and at least once every 12 months
- Initial training applies to new personnel assigned to Part 139 duties after ACM is approved
- Employees currently assigned Part 139 duties must complete recurrent training a year after ACM is approved and once every year thereafter

## 139.311 Marking Signs Lighting

- Class III airports must have required signs no later than June 11, 2007
- Signs identifying taxiing routes may be unlighted at Class III airports; however, holding position signs and ILS signs must be internally illuminated

## 139.315 ARFF Index Determination

- The minimum ARFF Index is now Index A
- ARFF requirements for Class III airports may be provided at a level of safety comparable to Index A.  Alternate compliance must be documented in the ACM and approved by the FAA

## 139.315 ARFF Index Determination

- Pre-arranged firefighting and emergency medical response procedures
- Means for alerting firefighting and emergency medical  personnel
- FAA approved rescue and firefighting equipment
- Training of responding firefighting and emergency medical personnel on airport familiarization and communications

**Class III airport operators may petition to provide alternate ARFF compliance measures that include:**

## 139.319 ARFF Operational Requirements

**Deletes requirement for annual recurrent training for emergency medical personnel**
**Clarifies that an individual other than required ARFF personnel can provide medical services  **
**Gives Class II, III, and IV airports until 6/9/07 to comply with the requirements of this section**
**Clarifies vehicle communications, hazardous materials guidance, and fire fighter training requirements**

## 139.319 ARFF Operational Requirements

- Language has been added to clarify that ARFF personnel shall be trained prior to initial performance of ARFF duties and receive recurrent training every 12 consecutive months
- ARFF personnel must participate in a live-fire drill prior to initial performance of ARFF duties in addition to at least once every consecutive 12 months thereafter
**Each ARFF vehicle shall be equipped with, or have available through a direct communications link, the “North American Emergency Response Guidebook”**

## 139.319 ARFF Operational Requirements

**Operators of ****Class II**** airports that currently hold an AOC must provide ARFF for all small air carrier operations by ****June 9, 2007**** (ARFF training requirements should already be implemented at these airports)**
**Operators of ****Class II**** airports that currently hold a Limited AOC will need to implement all of the ARFF training requirements and make arrangements to provide ARFF for all small air carrier operations by ****June 9, 2007**

## 139.319 ARFF Operational Requirements

- ARFF training requirements for Class III airports are similar to the ARFF arrangements approved for airport operators currently holding a Limited AOC – FAA may negotiate alternate ARFF compliance measures on a case-by-case basis (§139.315(e))
- Airport operators holding a Limited AOC with small air carrier operations, but no _unscheduled_ large air carrier charter operations, should contact the FAA Regional Airports Office to discuss Class III airport ARFF alternatives.

## 139.321 Hazardous Materials

- Words “lubricants” and “oxygen” deleted to clarify that fire safety requirements pertain only to aircraft fuel
- Clarification that fuel fire safety inspections must be conducted at least once every 3 consecutive months
- Certificate holders must now require air carrier fueling agents to comply with the §139.321 requirements

## 139.321 Hazardous Materials

- The fueling agent supervisor must complete fuel fire safety training.  Training is required every 24 months
- The fueling agent employees must receive on-the-job training from the supervisor every 24 months
- For Class III airports, the FAA will allow compliance with this requirement one year from the initial approval of ACM

## 139.323 Traffic / Wind Indicators

- Supplemental wind cones are required at the end of each runway used by air carriers
- Must be lighted if the airport is open for air carrier operations at night

## 139.325 Airport Emergency Plan

- All airport classes must include an AEP in the new or revised ACM
- Class II, III & IV airports are not required to conduct a full-scale exercise of the AEP
- All airports must conduct an annual review of the AEP
- Class II, III & IV airports must submit an AEP no later than June 9, 2006

## 139.327 Self-inspection Program

- Inspection personnel must receive initial and recurrent training
- Only qualified personnel may perform inspections
- Must maintain training records

## 139.327 Self-inspection Program

**Training for self-inspection personnel must address:**
**Airport familiarization, including airport signs, marking and lighting**
**Airport Emergency Plan**
**Notice to Airmen (NOTAM) notification procedures**
**Procedures for pedestrian and ground vehicles in movement areas and safety areas**
**Discrepancy reporting procedures**

## 139.329 Pedestrians / Ground Vehicles

- Requirements now apply to safety areas and movement areas
- Records of pedestrian and driver training are required to be maintained for 24 months
- Records of accidents and incidents involving air carrier aircraft and ground vehicles must be maintained for 12 months

## 139.337 Wildlife Hazard Management

**The reference to ****“****ecological study****”**** replaced with ****“****wildlife hazard assessment****”**
**Language has been added to define ****“****substantial damage****” ****to air carrier aircraft from wildlife strikes (****§****139.337(b)(2)****)**
**Most references to ****“****birds****”**** have been replaced with ****“****wildlife****”**
**Language changes to clarify that a wildlife hazard assessment is required if an air carrier aircraft experiences either multiple bird strikes or an engine ingestion of wildlife (****§****139.337(b)****)**

## 139.337 Wildlife Hazard Management

**Language added to require a wildlife hazard assessment be conducted by a ****“****wildlife damage management  biologist****”**** who has professional training in wildlife hazard management at airports or by an individual working under direct supervision of such an individual (****§****139.337(c)****)**
**Additional requirement for the Wildlife Hazard Assessment to contain *****“*****recommended actions for reducing identified wildlife hazards to air carrier operations****”**** (****§****139.337(c)(5)****)**
**Additional requirements for the Wildlife Hazard Management Plan to address *****“*****wildlife population management****”***** *****(****§****139.337(f)(2)****)**

## 139.339, Airport Condition Reporting

**In addition to the requirement to report the malfunction of any lighting system, revised Part 139 requires reporting the malfunction of holding position signs and ILS critical area signs (****§****139.339(c)(6)****)**
**Adds new requirement for maintaining records of each airport condition report to correspond with records of daily inspection reports ****– r****ecords of each dissemination of airport condition information must be maintained for 12 months (****§****139.339(d)****)**

## Summary – Implementation Dates

**December 9, 2004 ****–**
**	****	****Class I airports must submit revised ACM**
**June 9, 2005 ****–**
**	****	****Class II, II and IV airports must submit an ACM**
**June 9, 2006 ****–**
**	****	****Class II, III, and IV airports must submit an AEP**
**June 11, 2007 ****–**
**	****	****Class II, III, and IV airports must implement ARFF **
**	****	****Class III airports must provide airfield signs**

**Summary – Implementation Dates**

## Federal Aviation Administration

** ****Mark Taylor**
**Airports Safety and Standards**
**425-227-2625****FAA Airports Website - http://www.faa.gov/arp/**