[Federal Register Volume 65, Number 120 (Wednesday, June 21, 2000)]
[Proposed Rules]
[Pages 38636-38682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14524]



[[Page 38635]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 121 and 139



Certification of Airports; Proposed Rule

Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / 
Proposed Rules

[[Page 38636]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 139

[Docket No. FAA-2000-7479; Notice No. 00-05]
RIN 2120-AG96


Certification of Airports

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to revise the current airport 
certification regulation and to establish certification requirements 
for airports serving scheduled air carrier operations in aircraft with 
10-30 seats. In addition, changes are proposed to address National 
Transportation Safety Board (NTSB) recommendations and petitions for 
exemptions and rulemaking. A section of an air carrier operation 
regulation also would be amended to conform with proposed changes to 
airport certification requirements. The FAA believes that these 
proposed revisions are necessary to ensure safety in air transportation 
and to provide a comparable level of safety at all certificated 
airports.

DATES: Comments must be submitted on or before September 19, 2000.

ADDRESSES: Comments on this proposed rulemaking should be mailed or 
delivered, in duplicate, to: U.S. Department of Transportation Dockets, 
Docket No. FAA-2000-7479, 400 Seventh Street, SW., Room Plaza 401, 
Washington, DC 20590. Comments may be filed and examined in Room Plaza 
401 between 10 a.m. and 5 p.m. weekdays, except Federal holidays. 
Comments also may be sent electronically to the Dockets Management 
System (DMS) at the following Internet address: http://dms.dot.gov at 
any time. Commenters who wish to file comments electronically, should 
follow the instructions on the DMS web site.

FOR FURTHER INFORMATION CONTACT: Linda Bruce, Airport Safety and 
Operations Division (AAS-300), Office of Airport Safety and Standards, 
Federal Aviation Administration, 800 Independence Ave., SW., 
Washington, DC 20591; telephone: (202) 267-8553, or E-mail: 
<a href="/cdn-cgi/l/email-protection#86eaefe8e2e7a8e4f4f3e5e3c6e0e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="9af6f3f4fefbb4f8e8eff9ffdafcfbfbb4fdf5ec">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in this rulemaking by 
submitting such written data, views, or arguments, as they may desire. 
Comments relating to the environmental, energy, federalism, or economic 
impact that might result from adopting the proposals in this document 
are also invited. Substantive comments should be accompanied by cost 
estimates. Comments should identify the regulatory docket or notice 
number and should be submitted in triplicate to the Rules Docket 
address specified above.
    All comments received, as well as a report summarizing each 
substantive public contact with FAA personnel on this rulemaking, will 
be filed in the docket. The docket is available for public inspection 
before and after the comment closing date.
    The Administrator will consider all comments received on or before 
the closing date before taking action on this proposed rulemaking. 
Comments filed late will be considered as far as possible without 
incurring expense or delay. The proposals contained in this rulemaking 
may be changed in light of the comments received.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must include a pre-addressed, 
stamped postcard with those comments on which the following statement 
is made: ``Comments to Docket No. FAA-2000-7479.'' The postcard will be 
date stamped and mailed to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the FedWorld electronic bulletin board service (telephone: 703-321-
3339), or the Government Printing Office's (GPO's) electronic bulletin 
board service (telephone: 202-512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the GPO's web pages at http://www.access.gpo.gov/nara for access to recently published rulemaking 
documents.
    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-9680. Communications must identify the notice number or docket 
number of this NPRM.
    Persons interested in being placed on the mailing list for future 
NPRM's should request from the above office a copy of Advisory Circular 
No. 11-2A, Notice of Proposed Rulemaking Distribution System, that 
describes the application procedure.

Background

History

    Since 1970, the FAA Administrator has had the statutory authority 
to issue airport operating certificates to airports serving certain air 
carriers and to establish minimum safety standards for the operation of 
those airports. This authority is currently found in Title 49, United 
States Code (U.S.C.) section 44706, Airport operating certificates. The 
FAA uses this authority to issue requirements for the certification and 
operation of certain land airports. These requirements are contained in 
Title14, Code of Federal Regulations part 139 (14 CFR part 139), 
Certification and Operations: Land Airports Serving Certain Air 
Carriers, as amended.
    Until recently, this statutory authority was limited to those land 
airports serving passenger operations of an air carrier that is 
conducted with an aircraft having a seating capacity of more than 30 
passengers. However, this authority was broadened by the Federal 
Aviation Administration Reauthorization Act of 1996. Section 44706 was 
amended to allow the FAA to certificate airports, with the exception of 
those located in the State of Alaska, that serve any scheduled 
passenger operation of an air carrier operating aircraft designed for 
more than 9 passenger seats but less than 31 passenger seats. FAA's 
existing authority to certificate airports serving air carrier 
operations conducted in aircraft with more than 30 seats remained 
unchanged.
    This amendment was proposed by the Secretary of Transportation in 
response to a recommendation made by the NTSB that the FAA seek 
authority from Congress to issue certificates to airports serving 
commuter airlines. In November 1994, the NTSB released its findings 
resulting from a study of commuter airline safety.\1\ This study 
identified several safety improvements that the NTSB felt would improve 
the commuter airline safety record. While this study, and subsequent 
recommendations, focused on airline and aircraft operations, it also 
was critical of the FAA for not requiring airports serving commuter 
operations to maintain their facilities in the same manner as airports 
serving major air carriers.
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    \1\ Safety Study: Commuter Airline Safety, National 
Transportation Safety Board, NTSB/SS-94/02, November 1994.
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    This was not the first attempt to obtain the legislative authority 
to certificate commuter airports. In 1987, the General Accounting 
Office (GAO)

[[Page 38637]]

issued a safety report on the certification of small airports.\2\ 
Similar to the NTSB findings, the GAO concluded that airport safety 
would be enhanced if all airports serving scheduled air carrier service 
were to be certificated and recommended the FAA include such facilities 
in its airport certification program. The FAA concurred with the GAO's 
findings, but determined its statutory authority to certificate 
airports was limited to airports that serve scheduled and unscheduled 
passenger operations of air carrier aircraft with more than 30 seats. A 
proposed amendment to broaden this authority was submitted to Congress, 
but the measure was not enacted.
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    \2\ Aviation Safety: Commuter Airports Should Participate in the 
Airport Certification Program, U.S. General Accounting Office, GAO/
RCED-88-41, November 1987.
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    The 1996 amendment to the statute did not mandate the issuance of 
airport certificates to airports serving commuter air carriers. It only 
provides general authority under which the FAA may promulgate 
appropriate regulatory standards. The FAA proposes to use this 
authority to extend to airports its policy of one level of safety for 
all covered air carriers. In response to a series of commuter accidents 
and the NTSB's findings, the FAA established this policy of one level 
of safety, and comprehensively revised regulations pertaining to the 
air carrier operations, specifically 14 CFR parts 121 and 135, to 
ensure similar safety standards among air carriers. Similarly, this 
proposal would establish minimum safety standards among all covered 
airports (airports that the FAA has the authority to certificate) 
served by air carriers.
    Further, this proposal would revise and clarify several safety and 
operational requirements that have become outdated. The last major 
revision of part 139 occurred in November 1987, and since then, 
industry practices and technology have changed. In the subsequent 
years, the FAA has gathered data on the effectiveness of part 139 
requirements, (primarily through joint industry/FAA working groups, 
field research and periodic airport certification inspections), and 
proposes to use this rulemaking opportunity to update part 139 
requirements.

Current Requirements

    Under existing part 139, the FAA requires airport operators to 
comply with certain safety requirements prior to serving operations of 
large air carrier aircraft (aircraft with more than 30 seats). When an 
airport operator satisfactorily complies with such requirements, the 
FAA issues to that facility an airport operating certificate that 
permits an airport to serve large air carriers. These safety 
requirements cover a broad range of airport operations, including the 
maintenance of runway pavement, markings and lighting; notification of 
air carriers of unsafe or changed conditions; and preparedness for 
aircraft accidents and other emergencies. The FAA periodically inspects 
these airports to ensure continued compliance with part 139 safety 
requirements.
    Under existing rules, the FAA issues two types of airport operating 
certificates depending on the type of air carrier operations an airport 
serves. Operators of airports that serve scheduled operations of large 
air carrier aircraft are issued an Airport Operating Certificate (AOC), 
commonly referred to as a ``full'' certificate. As these airport 
operators regularly serve large air carrier operations, they must fully 
comply with all part 139 requirements. Of the approximately 660 
certificated airports, approximately 430 airport operators hold a 
``full'' certificate. Conversely, airport operators serving only 
unscheduled operations of large air carrier aircraft are required to 
have a Limited Airport Operating Certificate (LAOC), known as a 
``limited'' certificate. Approximately 135 airport operators hold a 
``limited'' certificate. Air carrier operations in large aircraft are 
so infrequent at these facilities that their operators are only 
required to comply with part 139 in a limited manner. For example, 
existing Sec. 139.213 requires airport operators holding a ``limited'' 
certificate to comply with only certain pavement, lighting, marking and 
emergency response requirements. Such airports are typically located in 
remote communities or support seasonal activities, such as skiing 
during winter months.
    The remaining certificated airports (approximately 90) are 
Department of Defense (DOD) airports serving air carrier operations. 
These facilities are issued an airport operating certificate but are 
exempted from part 139 requirements under FAA Exemption No. 5750B.
    The FAA requires all operators of certificated civilian airports to 
develop, and comply with, a written document that details how the 
airport operator will comply with the requirements of part 139. As 
every airport is unique and local circumstances vary, this written 
document sets forth the site-specific procedures, equipment, and 
personnel that each airport operator uses to comply with part 139 
requirements. This document at an airport with a ``full'' certificate 
is called the Airport Certification Manual (ACM). At an airport with a 
``limited'' certificate, it is known as Airport Certification 
Specifications (ACS).

Enforcement Action

    The FAA can impose a civil penalty of $1,000 per day per violation 
on operators of airports that are currently certificated under part 139 
(airports serving scheduled and unscheduled operations of large air 
carrier aircraft). If this proposal is adopted, the FAA also could 
impose monetary penalties on airport operators serving scheduled 
operations of small air carrier aircraft for any failure to comply with 
the requirements of their certification manual or part 139. However, 
the FAA does consider mitigating circumstances, including an airport 
operator's willingness to correct any deficiencies and ability to pay 
civil penalties.
    In its inspection role, the FAA works with airport operators and 
encourages a cooperative relationship between the certificate holder 
and inspectors, and commonly uses administrative actions to have most 
discrepancies corrected. Civil penalties and in extreme cases, 
certificate action, are levied against airport operators only as a last 
resort to gain compliance.

New Certificate Holders

    If this proposal is adopted, airport operators not currently 
certificated by the FAA would be required to apply for a certificate 
under part 139 in order to serve certain air carrier operations. Such 
airport operators would contact the appropriate FAA Regional Airports 
Division office to initiate the application process. Once contacted, 
the FAA Regional Airports Division office would interview the airport 
operator to obtain information about the airport and air carrier 
operations served (or anticipated to be served). If the FAA determines 
that a certificate is necessary, the airport operator would be provided 
an application for certification (FAA Form 5280-1, Airport Operating 
Certification Application) and guidance materials.
    The airport operator would submit a completed application (as 
specified under proposed Sec. 139.103) to the FAA Regional Airports 
Division office for approval. As part of the application package, the 
airport operator would provide the FAA two copies of its proposed 
airport certification manual and written documentation as to when air 
carrier service will begin. The FAA would review the application and 
associated documentation to ensure that

[[Page 38638]]

they are complete and conduct an inspection of the airport for 
compliance with the requirements of part 139.
    The FAA will issue an airport operating certificate if the 
application and other required documentation meets the provision of 
part 139, and the inspection reveals that airport is in compliance with 
part 139. The certificate may include other provisions the FAA finds 
necessary to ensure safety in air transportation (see discussion of 
proposed Sec. 139.103 Application for certificate and Sec. 139.105 
Inspection authority).
    Assistance is available for applicants applying for an airport 
operating certificate. FAA regional offices offer guidance and support 
to airport operators in complying with part 139. Access to the FAA is 
available by telephone, e-mail, conventional mail, regional 
newsletters, and on-site visits. In addition, the FAA makes available 
to airport operating certificate applicants, free of charge, advisory 
circulars, informational brochures, and safety placards to assist the 
certificate holder in complying with the requirements of part 139. The 
FAA regional offices also will assist airport operators in applying for 
Federal funds that may be used to comply with the requirement of part 
139.

The Role of the Aviation Rulemaking Advisory Committee

    The FAA has established an Aviation Rulemaking Advisory Committee 
(ARAC) to provide advice and recommendations to the FAA Administrator 
concerning a range of FAA's rulemaking activity, including air carrier 
operations, airman certification, aircraft certification, airports, 
security, and noise. The committee affords the FAA a forum to easily 
obtain direct, firsthand information and insight from affected 
interests through meeting together and exchanging ideas with respect to 
proposed rules and existing rules that should be revised or eliminated. 
While the activities of the ARAC do not circumvent the normal 
coordination process or the public rulemaking procedures, the 
committee's recommendations on a particular issue or proposed rule are 
taken under consideration by the FAA and fully disclosed in the public 
docket.
    The ARAC consists of approximately 65 government, industry, labor, 
and consumer advocacy organizations selected by the FAA to represent 
various viewpoints of those impacted by FAA regulations. These members 
are organized into several issue areas to address specific technical 
subjects, including airport certification. The ARAC only undertakes 
those tasks requested by the FAA. Meetings of the ARAC are open to the 
public and interested persons with expertise in the subject matter are 
invited to participate.
    To assist in the certification of airports serving smaller air 
carrier operations, the FAA requested the ARAC's advice and 
recommendations on what requirements should be applicable to airports 
that have scheduled service with aircraft having a seating capacity of 
10-30 seats [60 FR 21582, May 2, 1995]. In developing these 
recommendations, the FAA asked the ARAC to consider alternatives to 
minimize the operational burden on smaller facilities, including 
options for aircraft rescue and firefighting (ARFF) services. The FAA 
also suggested the ARAC conduct a survey of affected airports to gauge 
the impact of any proposed requirement. At the time of this request, 
the FAA did not have the statutory authority to regulate airports 
serving scheduled operations of air carrier aircraft with 10-30 seats.
    The ARAC accepted this task and established a Commuter Airport 
Certification Working Group to develop recommendations on this issue. 
Comprised of members of the main committee, the working group's 
membership included representatives from the following organizations:

1. Air Line Pilots Association
2. Aircraft Owners and Pilots Association
3. American Association of Airport Executives
4. National Air Transportation Association
5. National Association of State Aviation Officials
6. Regional Airline Association

    The FAA and Landrum and Brown, an airport planning and engineering 
consulting firm, also provided technical support.
    Over the course of a year, the Commuter Airport Certification 
Working Group met five times to research the issue and develop 
recommendations for the ARAC. The working group initially endeavored to 
establish a voluntary industry standard consistent with the FAA's lack 
of authority to regulate airports serving commuter operations. However, 
after the passage of Public Law 104-264, the FAA requested the working 
group to immediately finish its report and to take a regulatory 
approach to the certification of airports serving small air carrier 
aircraft. This action was based on the FAA's decision to exercise its 
new authority to regulate airports serving small air carrier 
operations.
    While the working group agreed on many issues, two members 
(primarily the Air Line Pilots Association (ALPA)) disagreed with 
several of the group's recommendations. This minority differed on six 
regulatory requirements, including marking and lighting; ARFF; and 
handling of hazardous substances and materials. Subsequently, the 
working group developed both a majority and minority position at the 
FAA's request. Individual working group members also provided comments 
on issues when their respective organizations differed from the 
position taken by the ARAC working group.
    In February 1997, both the majority and minority views of the 
working group, and those of individual work group members, were 
presented to the FAA. Overall, the working group majority recommended 
that a non-regulatory approach to improve commuter airport safety could 
accomplish the same level of safety as regulating these airports. In 
light of the proposed rulemaking, the majority suggested that such a 
regulation should focus on accident prevention rather than accident 
mitigation, particularly due to the limited public funds available to 
these small airports.
    Despite its opposition to a rulemaking, the ARAC did provide, as 
requested by the FAA, proposed regulatory language for the 
certification of airports serving scheduled operations of small air 
carrier aircraft. The FAA considered this proposed regulatory language 
in this rulemaking and where possible, discusses ARAC's concerns for 
each proposed requirement in the following Section-by-Section analysis. 
As appropriate, both the majority and minority positions are discussed. 
However, the decisions in this document are the FAA's. Neither the 
majority opposition to rulemaking, nor the minority support of 
rulemaking, was a deciding factor in the FAA's decision to institute 
this rulemaking.
    As requested by the FAA, the ARAC also conducted a survey of 
airports that might be affected to determine what safety practices are 
already being conducted and the potential operational and economic 
impact if these airports were to comply with existing part 139 
requirements. This survey requested information on rescue and 
firefighting capabilities, airport staff, certification status, annual 
enplanements, existing marking, lighting and signs, and capital and 
recurring costs of certain equipment and procedures. The results of 
this survey are included with the ARAC final recommendations on 
commuter airport certification, filed in the public docket (see 
ADDRESSES). These survey

[[Page 38639]]

results also are discussed in the economic analysis associated with 
this rulemaking. Also, a copy of the economic analysis is filed in the 
docket and a summary of it is included in this proposal.
    Much of the work done by the ARAC was the result of its members' 
willingness to donate their time and resources to travel to meetings 
and conduct research. The FAA wishes to recognize this contribution and 
appreciates the working group's effort to develop recommendations that 
represent a balance of safety and economic considerations.

Alternatives

    This NPRM addresses two issues: (1) the revision of certain 
requirements of 14 CFR part 139, and (2) certification requirements of 
airports serving scheduled air carrier operations with 10-30 seat 
aircraft under 14 CFR part 139.
    The FAA considered alternatives for each of these issues. Based on 
this analysis, the FAA determined that it was necessary to revise 14 
CFR part 139 and that the revised part 139 should include the 
certification of airports serving scheduled air carrier operations with 
10-30 passenger seat aircraft. See a more detailed description of these 
alternatives in the ``Description of Alternatives'' section that 
follows the ``Section-by-Section Analysis.''

General Discussion of the Proposal

    This proposal would comprehensively revise the airport 
certification process by including airports serving small air carrier 
aircraft to ensure these airports meet a minimum level of safety 
comparable to airports already certificated. Operators of airports 
serving small air carrier aircraft and currently not regulated under 
part 139 (approximately 40 airports) would be required to develop and 
implement an ACM, and to comply with certain safety and operational 
requirements. These airport operators, however, would be permitted some 
flexibility in complying with more burdensome requirements.
    In addition to serving large, unscheduled air carrier aircraft, 
approximately 120 of the approximately 135 airports holding a LAOC also 
serve scheduled small air carrier aircraft. To address these additional 
operations, this proposal would require the operators of these 120 
airports to implement existing safety measures (such as aircraft rescue 
and firefighting) on a more frequent basis and comply with additional 
safety requirements. The remaining 15 airport operators holding a LAOC 
would continue to comply with part 139 requirements as they do today.
    Likewise, this proposal would require airport operators holding an 
AOC (or a ``full'' certificate), approximately 430 airports, to 
continue to comply with part 139 requirements as they do today. These 
airport operators would be required to revise their certification 
manuals and comply with proposed modifications to existing 
requirements. The operators of approximately 50 of these airports also 
may be required to implement certain safety measures on a more frequent 
basis if they serve small air carrier operations that do not occur 
concurrently with large air carrier aircraft operations.
    In addition, this proposal would clarify that airports operated by 
the United States government, including DOD, are not subject to part 
139. Subsequently, the 90 DOD airports currently certificated under 
part 139 would no longer need to request an exemption from part 139 
requirements to continue serving air carrier operations.
    To minimize confusion resulting from the inclusion of airports 
serving small air carrier aircraft operations into the FAA's existing 
airport certification program, the FAA is proposing to reclassify 
airport operating certificates and certification manuals. Instead of 
differentiating between an AOC and a LAOC, and creating additional 
types of airport operating certificates, this proposal would provide 
for only one type of certificate, an AOC, and no longer make a 
distinction between an ACM and an ACS. All airport certificate holders 
would be required to adopt and implement an ACM, regardless of size and 
type of air carrier operations.
    All holders of airport operating certificates would be issued new 
certificates, including those existing airport operators holding 
``full'' or ``limited'' certificates. Operators of currently 
certificated airports would not be required to reapply for an airport 
operating certificate. if this proposal is adopted, the FAA would 
convert existing certificates, as appropriate.
    The FAA proposes to continue to distinguish between airports that 
serve different sizes or types of air carriers, and establish 
requirements appropriate for each type of airport. Under this proposal, 
similar airports would be grouped into four new classes, I-IV, and 
requirements are proposed for each new class of airport. This approach 
would ensure that airports serving small air carrier aircraft or 
unscheduled air carrier operations (e.g., charter flights) are not 
unduly burdened with requirements more appropriate for airports serving 
frequent operations of large air carriers. In addition, these new 
classes of airports address those airports that serve a mixture of air 
carrier operations.
    Airports serving all types of scheduled operations of large air 
carrier aircraft, and any other type of air carrier operations, would 
be known as Class I airports. Operators of these airports would be 
required to comply with all part 139 requirements. Essentially, all 
airport operators holding an existing ``full'' certificate would become 
Class I airports.
    Class II airports would be those airports that serve scheduled 
operations of small air carrier aircraft (10-30 seats) and unscheduled 
operations of larger air carrier aircraft (more than 30 seats). 
Airports that would be classified as Class II would be those existing 
``limited'' certificate airports that serve scheduled operations by 
small air carrier aircraft.
    Class III airports would be those airports that serve only 
scheduled operations of air carrier aircraft with 10-30 seats. Class 
III airports would be those facilities newly certificated as the result 
of this rulemaking.
    Class IV airports would be those airports currently with a 
``limited'' certificate serving only unscheduled air carrier operations 
in aircraft with more than 30 seats.
    Airports in the State of Alaska that serve large air carrier 
operations would continue to be certificated under part 139, as Class I 
or Class IV airports. No requirements are proposed, as specified in the 
authorizing statute, for those airports in the State of Alaska that 
only serve scheduled operations of smaller air carrier operations.
    The FAA currently requires operators of certificated airports to 
develop an ACM or ACS, depending on the type of certification, to 
detail how the airport operator will comply with the requirements of 
part 139. As every airport is unique, it is difficult to impose 
requirements that prescribe exacting technical standards that would 
work at every airport. Instead the FAA sets forth performance-based 
standards that airport operators implement in the manner best suited to 
their facilities.
    In this manner, the FAA can vary requirements that airport 
operators must comply with. For example, existing Sec. 139.213 requires 
operators of ``limited'' certificated airports to include in their ACS 
procedures to comply with seven operational requirements found in 
Subpart D, whereas operators of ``full'' certificated airports must 
provide for all part 139 requirements in their manual. This proposal 
takes a similar approach

[[Page 38640]]

and proposes different requirements and manual content for each new 
airport class.
    Under this proposal, the requirements for manual content would vary 
between the airport classes, with the most comprehensive manual 
required of Class I airports. Operators of Class I airports would have 
to comply with more safety requirements than the operators of Class II, 
III, and IV airports as they serve more complex and varied air carrier 
operations.
    As a consequence of these proposed changes, several existing 
sections of the regulation would be combined and the current numbering 
scheme of subparts C and D would be altered. The following chart 
illustrates these changes, comparing existing section titles and 
numbering against those proposed.

                Comparison of Section Titles and Numbering Between Existing and Proposed Part 139
----------------------------------------------------------------------------------------------------------------
                                               Existing part 139                      Proposed part 139
----------------------------------------------------------------------------------------------------------------
Subpart A--General.................  Sec.  139.1 Applicability............  Sec.  139.1 Applicability.
                                     Sec.  139.3 Definitions..............  Sec.  139.3 Delegation of authority
                                                                             (new section--Sec.  139.3 would be
                                                                             moved to proposed Sec.  139.5).
                                     Sec.  139.5 Standards and procedures   Sec.  139.5 Definitions (section
                                      for compliance with the                number change--Sec.  139.5 would be
                                      certification and operations           moved to proposed Sec.  139.7).
                                      requirements of this part.
                                                                            Sec.  139.7 Methods and procedures
                                                                             for compliance (title and section
                                                                             number change).
Subpart B--Certification...........  Sec.  139.101 Certification            Sec.  139.101 General requirements
                                      requirements: General.                 (title change).
                                     Sec.  139.103 Application for          Sec.  139.103 Application for
                                      certificate.                           certificate.
                                     Sec.  139.105 Inspection authority...  Sec.  139.105 Inspection authority
                                                                             (revised section--Secs.  139.105
                                                                             and .301 would be combined to form
                                                                             proposed Sec.  139.305).
                                     Sec.  139.107 Issuance of certificate  Sec.  139.107 Issuance of
                                                                             certificate.
                                     Sec.  139.109 Duration of certificate  Sec.  139.109 Duration of
                                                                             certificate.
                                     Sec.  139.111 Exemptions.............  Sec.  139.111 Exemptions.
                                     Sec.  139.113 Deviations.............  Sec.  139.113 Deviations.
Subpart C--Airport Certification     Sec.  139.201 Airport operating        139.201 General requirements. (title
 Manual (title change).               certificate: Airport certification     change--Secs.  139.201, .203, .207,
                                      manual.                                .209, .211, and .215 would be
                                                                             combined to form proposed Sec.
                                                                             139.201).
                                     Sec.  139.203 Preparation of airport   Sec.  139.203 Contents of airport
                                      certification manual.                  certification manual (new section--
                                                                             Secs.  139.205 and 139.213 would
                                                                             combined to form proposed Sec.
                                                                             139.203).
                                     Sec.  139.205 Contents of airport      Sec.  139.205 Amendment of airport
                                      certification manual.                  manual (section number change--Sec.
                                                                              139.217 would be moved to proposed
                                                                             Sec.  139.205).
                                     Sec.  139.207 Maintenance of airport
                                      certification manual.
                                     Sec.  139.209 Limited airport
                                      operating certificate: Airport
                                      certification specifications.
                                     Sec.  139.213 Contents of airport
                                      certification specifications.
                                     Sec.  139.215 Maintenance of airport
                                      certification specifications.
                                     Sec.  139.217 Amendment of airport
                                      certification manual or airport
                                      certification specifications.
Subpart D--Operations..............  Sec.  139.301 Inspection authority...  Sec.  139.301 Records (new section--
                                                                             Sec.  139.301 would be moved to
                                                                             proposed Sec.  139.105).
                                     Sec.  139.303 Personnel..............  Sec.  139.303 Personnel.
                                     Sec.  139.305 Paved areas............  Sec.  139.305 Paved areas.
                                     Sec.  139.307 Unpaved areas..........  Sec.  139.307 Unpaved areas.
                                     Sec.  139.309 Safety areas...........  Sec.  139.309 Safety areas.
                                     Sec.  139.311 Marking and lighting...  Sec.  139.311 Marking, signs, and
                                                                             lighting (title change).
                                     Sec.  139.313 Snow and ice control...  Sec.  139.313 Snow and ice control.
                                     Sec.  139.315 Aircraft rescue and      Sec.  139.315 Aircraft rescue and
                                      firefighting: Index determination.     firefighting: Index determination.
                                     Sec.  139.317 Aircraft rescue and      Sec.  139.317 Aircraft rescue and
                                      firefighting: Equipment and agents.    firefighting: Equipment and agents.
                                     Sec.  139.319 Aircraft rescue and      139.319 Aircraft rescue and
                                      firefighting: Operational              firefighting: Operational
                                      requirements.                          requirements.
                                     139.321 Handling and storing of        139.321 Aircraft rescue and
                                      hazardous substances and materials.    firefighting: Exemptions (new
                                                                             section--existing Sec.  139.321
                                                                             would be moved to proposed Sec.
                                                                             139.323).
                                     Sec.  139.323 Traffic and wind         Sec.  139.323 Handling and storing
                                      direction indicators.                  of hazardous substances and
                                                                             materials (section number change).
                                     Sec.  139.325 Airport emergency plan.  Sec.  139.325 Traffic and wind
                                                                             direction indicators (section
                                                                             number change).
                                     Sec.  139.327 Self-inspection program  Sec.  139.327 Airport emergency plan
                                                                             (section number change).
                                     Sec.  139.329 Ground vehicles........  Sec.  139.329 Self-inspection
                                                                             program (section number change).
                                     Sec.  139.331 Obstructions...........  Sec.  139.331 Ground vehicles
                                                                             (section number change).
                                     Sec.  139.333 Protection of navaids..  Sec.  139.333 Obstructions (section
                                                                             number change).

[[Page 38641]]

 
                                     Sec.  139.335 Public protection......  Sec.  139.335 Protection of navaids
                                                                             (section number change).
                                     Sec.  139.337 Wildlife hazard          Sec.  139.337 Public protection
                                      management.                            (section number change).
                                     Sec.  139.339 Airport condition        Sec.  139.339 Wildlife hazard
                                      reporting.                             management (section number change).
                                     Sec.  139.341 Identifying, marking,    Sec.  139.341 Airport condition
                                      and reporting construction and other   reporting (section number change).
                                      unserviceable areas.
                                     Sec.  139.343 Noncomplying conditions  Sec.  139.343 Identifying, marking,
                                                                             and reporting construction and
                                                                             other unserviceable areas (section
                                                                             number change).
                                                                            Sec.  139.345 Noncomplying
                                                                             conditions (section number change).
----------------------------------------------------------------------------------------------------------------

    As noted earlier, changes are proposed to operational and safety 
requirements. The specifics of these revisions are discussed in detail 
in the following section, ``Section-by-Section Analysis.'' The proposed 
revisions reflect changes to technology and industry practice. This 
action does not address runway friction measurement (both winter and 
maintenance), runway distance remaining signs, and certain requirements 
related to ARFF equipment, training, and extinguishing agents. The FAA 
is continuing to review these issues with industry representatives 
(primarily through the ARAC) and may propose rulemaking as a result of 
these efforts in a separate action.
    Throughout the proposed rule, references are made to 49 U.S.C. 
44706. This statute is the recodification of the FAA's authority to 
prescribe airport certification regulations previously found in the 
Federal Aviation Act of 1958, 49 U.S.C. App. 1432 et seq.
    Additionally, the FAA proposes to revise the title of 14 CFR part 
139, ``Certification and Operations: Land Airports Serving Certain Air 
Carriers'' to ``Certification of Airports.''

Request for Additional Information

    Throughout this proposal, the FAA is requesting economic and 
operational information on specific topics. As explained in the 
following Section-by-Section Analysis, the FAA intends to use this 
information to further analyze certain proposed requirements. 
Additional information is requested on the following subject areas:
    1. Certification of heliports. Under the discussion of proposed 
Sec. 139.1, the FAA is requesting comments on the need to certificate 
heliports, including recommendations on certification requirements and 
any associated safety and economic considerations that should be 
addressed.
    2. Reduction or revocation of an airport operating certificate. 
Under proposed Sec. 139.109, information is requested as to why it 
would be more costly for an airport operator to surrender an airport 
operating certificate and then later to regain it, than it is to 
maintain a certificate uninterrupted.
    3. Retro-reflective runway and taxiway signs. The FAA is soliciting 
comments under proposed Sec. 139.311 on the use of retro reflective 
guidance and directional signs at airports serving small or unscheduled 
air carrier aircraft.
    4. ARFF Exemption. The FAA requests comments on the new ARFF 
exemption process delineated under proposed Sec. 139.321.
    5. Implementation. Finally, the FAA is requesting comments on 
various elements of the implementation schedule, should this proposal 
be adopted.

Section-by-Section Analysis

Subpart A--General

Section 139.1  Applicability
    Section 139.1 establishes that part 139 prescribes rules for the 
certification and operation of airports serving certain air carrier 
operations. This proposal expands this section by amending and 
reorganizing existing language into new paragraphs (a) and (b).
    New paragraph (a) would incorporate a new group of airports that 
would require an airport operating certificate
    (AOC) before serving certain air carrier operations. In addition to 
those airports already certificated under part 139, airports serving 
scheduled operations of air carrier aircraft seating 10 to 30 
passengers would require a certificate under this part. This expansion 
of the rule's applicability would reflect recent revisions to 49 U.S.C. 
44706, that authorized the Administrator to issue an AOC to airports 
serving any scheduled operations of an air carrier operating aircraft 
designed for more than 9 passenger seats but less than 31 passenger 
seats.
    Throughout paragraph (a), references to the term ``aircraft seating 
capacity'' would be changed to ``aircraft design.'' This proposal would 
more accurately reflect how the FAA and other civil aviation 
authorities certificate air carrier aircraft for passenger operations. 
This revision would have no effect on how aircraft passenger seating 
capacity is determined. An FAA-issued aircraft type certificate and its 
foreign equivalent specify passenger seating capacity and may only be 
changed by amendment to the aircraft type certificate.
    Further, the FAA proposes to move language currently found in 
Sec. 139.101(a) to new paragraph Sec. 139.1(a). The phrase specifies 
that part 139 is applicable to land airports in the United States, the 
District of Columbia, or any U.S. territory or possession. This 
language is more appropriate in Sec. 139.1, Applicability.
    Proposed paragraph Sec. 139.1(b) would group together the type of 
airports that would be exempt from part 139. As currently is the case, 
airports serving air carrier operations only because they have been 
designated as alternate airports (under Sec. 121.590) would not be 
certificated under part 139. The revised part 139 also would not be 
applicable, as specified in the authorizing statute, at airports in the 
State of Alaska that serve scheduled operations of air carrier aircraft 
seating 10-30 passengers. However, airports in the State of Alaska that 
serve scheduled and/or unscheduled operations of air carrier aircraft 
with more than 30 passenger seats and serve smaller scheduled air 
carrier operations must be certificated under part 139. Under this 
proposal, these airports would be certificated as a Class I or Class IV 
airport because they serve larger air carrier operations.
    In addition, airports operated by U.S. government agencies would 
not be required to comply with part 139. The FAA has issued airport 
operating certificates, under FAA Exemption No.

[[Page 38642]]

5750, to Department of Defense (DOD) airports that serve civilian 
commercial carriers. Standards for military airports, and others 
operated by other branches of the Federal government (e.g., NASA, Dept. 
of Energy), differ from those prescribed under part 139.
    The FAA does not have the statutory authority to regulate airports 
operated by U.S. government agencies. Since the continuance of 
commercial flights into these facilities is necessary to support 
federal government requirements, the FAA proposes to eliminate 
exemptions to U.S. government entities, (such as DOD's exemption to 
part 139) but will allow U.S. government entities to apply for an AOC 
for air carrier operations. Changes to part 121 are proposed to permit 
air carriers to use such airports (see discussion under proposed 
Sec. 121.590, Use of certificated land airports).
    This does not address airports where civilian and military 
operations commingle. These airports are known as either ``joint-use 
airports'' or ``shared-use airports.''
    Joint-use airports are owned by the U.S. government, which leases 
or surpluses a portion of their facility to the local government for 
civilian air carrier operations. Shared-use airports are co-located 
U.S. and local government facilities at which portions of the movement 
areas, such as runways, taxiways, and ramps are shared. Under this 
proposal, civilian air carrier operations of either a joint-use airport 
or a shared-use airport will come under the purview of part 139.
    Also, this proposal excludes heliports. The focus of this proposal 
is on the safety needs of airports serving fixed wing aircraft. While 
concerned with the safe operations of helicopters, the FAA believes 
certification of heliports should be handled separately and is 
considering how to certify these facilities. The FAA is requesting 
comments on the need to certificate heliports. The FAA requires 
specific recommendations on certification requirements and associated 
safety and economic considerations.
Section 139.3  Delegation of Authority
    Under this proposal, existing Sec. 139.3, titled ``Definitions,'' 
would be moved to proposed Sec. 139.5. Proposed Sec. 139.3 would be 
titled ``Delegation of Authority.'' This section would be new.
    This new section would set forth FAA's existing delegation 
authority that allows FAA employees to act on behalf of the FAA 
Administrator in the oversight of the certification of airports. As 
proposed, the Administrator's delegation of authority has not changed, 
and the FAA's Associate Administrator for Airports could act in the 
capacity of the Administrator.
Section 139.5  Definitions
    In this proposal, existing Sec. 139.3 would be redesignated as 
proposed Sec. 139.5. Existing Sec. 139.3 establishes terms, and their 
definitions, used in part 139. The definitions contained in this 
revised section reflect proposed changes made throughout the rule. As 
such, several existing definitions have been modified or deleted and 
new definitions are proposed.
    The FAA proposes to delete the existing term ``air carrier 
aircraft.'' Two new terms, ``large air carrier aircraft'' and ``small 
air carrier aircraft,'' have been added to part 139 to differentiate 
requirements of airports serving differing sizes of air carrier 
aircraft. Proposed exclusively for part 139, these new definitions are 
based on the number of passenger seats of an air carrier aircraft, and 
should not be confused with existing definitions for ``large aircraft'' 
and ``small aircraft'' found in 14 CFR part 1 that classify aircraft by 
weight.
    The term ``air carrier'' would no longer be defined in part 139. 
Instead, the definition of ``air carrier,'' as set out in 14 CFR part 1 
would apply in part 139. The term ``average daily departures'' would be 
revised slightly by changing the phrase ``consecutive months'' to read 
``consecutive calendar months.'' Other references throughout the rule 
to duration of time using months would be similarly updated to ensure 
clarity and consistency.
    The term ``airport operating certificate'' would be modified to 
make reference to four new classes of certificated airports. The term 
``certificate holder'' likewise would be modified to correspond with 
new airport classifications. References to subpart D and LAOC would be 
deleted. Instead, the term ``certificate holder'' would be used 
generically to describe any airport operator issued an AOC under part 
139.
    As described earlier, the FAA proposes to modify part 139 to change 
the process by which airports are categorized, and establish four new 
types of airport classes. These four classifications--Class I, II, III, 
and IV airports--would be added to existing definitions.
    A Class I airport would serve the most varied types of air carrier 
operations. A Class I operator would be authorized to serve air carrier 
operations of large and small air carrier aircraft. Under this 
proposal, airports already certificated under part 139 to serve 
scheduled operations of large air carrier aircraft would be 
reclassified as Class I airports. The FAA anticipates approximately 430 
airports would be certificated as Class I airports.
    A Class II airport would serve scheduled operations of small air 
carrier aircraft and unscheduled passenger operations of larger air 
carrier aircraft. A Class II airport would not serve scheduled large 
air carrier aircraft. Airports classified as Class II would be those 
existing airports with a LAOC (airports serving unscheduled large air 
carrier aircraft) that serve scheduled operations by small air carrier 
aircraft. The FAA anticipates approximately 120 airports would be 
certificated as a Class II airport.
    A Class III airport would serve scheduled operations of small air 
carrier aircraft. A Class III airport would not serve scheduled or 
unscheduled large air carrier aircraft.
    Under the current regulation, airports meeting this criteria are 
not certificated. The FAA anticipates approximately 40 airports would 
be newly-certificated as Class III airports.
    A Class IV airport would serve unscheduled passenger operations of 
large air carrier aircraft but would not serve scheduled large or small 
air carrier aircraft. Airports currently holding a LAOC, but not 
serving scheduled small air carrier operations, would be certificated 
as Class IV airports. The FAA anticipates approximately 15 airports 
would be certificated as Class IV airports.
    The following table illustrates the types of air carrier operations 
each proposed category of airport can serve:

----------------------------------------------------------------------------------------------------------------
                                                                          Proposed airport class
              Type of air carrier operation              -------------------------------------------------------
                                                             Class I      Class II      Class III     Class IV
----------------------------------------------------------------------------------------------------------------
Scheduled Large Air Carrier Aircraft....................            X
Unscheduled Large Air Carrier Airrcraft.................            X             X                           X
Scheduled Small Air Carrier Aircraft....................            X             X             X
----------------------------------------------------------------------------------------------------------------


[[Page 38643]]

    To reflect the proposed deletion of heliports from part 139, the 
term ``movement area'' would be modified to remove any reference to 
areas used by helicopters to hover or taxi.
    The term ``clean agent'' would be added to specify a new type of 
aircraft fire extinguishing agent that an airport operator could use to 
comply with part 139 ARFF requirements. Clean agent is a term used by 
the firefighting community to describe a category of fire extinguishing 
agents that replace halon 1211 (see discussion of Sec. 139.317, 
Aircraft rescue and firefighting: Equipment and agents). The proposed 
definition is based on National Fire Protection Association (NFPA) 
2001, Standards on Clean Agent Fire Extinguishing Systems (1996 
Edition), that establishes standards for halon 1211 substitutes. The 
NFPA is an independent, nonprofit organization that advocates consensus 
codes and standards, research, and education for fire and related 
safety issues. Many NFPA codes and standards are used as the basis for 
legislation and regulations in federal, state, and local governments.
    In addition to NFPA 2001, the FAA is proposing that a clean agent 
used to comply with part 139 requirements would need to have the 
equivalent extinguishing action as halon 1211, as defined in FAA 
Technical Report DOT/FAA/AR-95/87. This document establishes a test 
protocol to measure an extinguishing agent's equivalency to halon 1211 
and its appropriateness for use on aircraft fires.
    In addition, the terms ``scheduled operation'' and ``unscheduled 
operation'' would be added to distinguish the types of operations 
served by the four classes of airports. The definition of ``scheduled 
operation'' is also found in 14 CFR part 119, Certification: Air 
carriers and commercial operators. A scheduled operation is conducted 
by an air carrier or a commercial operator in accordance with a 
published schedule for passenger operations that includes dates or 
times, and the operation is openly advertised or made available to the 
general public. Conversely, the definition of an ``unscheduled 
operation'' would be an operation conducted by an air carrier or a 
commercial operator that is specifically negotiated with the customer 
or that meets the definition of a supplemental operation found in part 
119, Certification: Air carriers and commercial operators, or the 
definition of a public charter found in part 380, Public charters.
    All other existing definitions would remain unchanged.
Section 139.7  Methods and Procedures for Compliance
    In this proposal, existing Sec. 139.5, titled ``Standards and 
procedures for compliance with the certification and operations 
requirements of this part,'' would be moved to proposed Sec. 139.7. 
Existing Sec. 139.5 specifies that an operator of a certificated 
airport must comply with the requirements of part 139 in a manner 
acceptable to the Administrator, and that methods and procedures 
contained in advisory circulars (AC's) are an acceptable means of 
compliance.
    The relocated section would be titled, ``Methods and procedures for 
compliance,'' and would be clarified as described below. The FAA 
proposes to delete the language ``with the certification and operations 
requirements of this part'' from the title of existing Sec. 139.5. This 
editorial change would ensure consistent section titles throughout the 
part. In addition, the term ``standards'' would be replaced with the 
term ``methods'' so as not to confuse the means of compliance (the 
methods) with the requirements of the regulations (the standards) 
prescribed in proposed subparts C and D.
    With the addition of new airports to the part 139 process, the FAA 
believes existing language of this section should be clarified to 
eliminate any confusion. Several sentences would be combined and 
revised to state clearly that the use of methods and procedures 
provided in FAA AC's to comply with part 139 requirements are 
acceptable.
    Advisory Circulars are developed in conjunction with the aviation 
industry to ensure consistent and reasonable means of complying with 
regulations. As technology and the aviation industry evolve the 
advisory circular process provides an expeditious means to revise 
guidance materials.
    Certificate holders may comply with part 139 requirements by means 
other than those specified in the AC's. However, any alternative must 
be authorized by the FAA, and must provide the equivalent level of 
safety in meeting the requirements of part 139. This provision is 
repeated throughout this proposal in sections where advisory circulars 
are available to assist the certificate holder in meeting specific 
regulatory requirements proposed in the document.

Subpart B--Certification

Section 139.101 General Requirements
    This NPRM proposes to retitle Sec. 139.101, ``Certification 
requirements: general,'' as ``General requirements,'' and combines the 
text of existing paragraphs (a) and (b) into a new paragraph (a). New 
paragraphs (b) and (c) would be added. Existing Sec. 139.101 specifies 
that no person may operate an airport in the U.S. and U.S. territories 
that serve certain types of air carrier operations without a part 139 
certificate, or in violation of that certificate.
    While proposed paragraph (a) combines existing Sec. 139.101(a) and 
(b) into one paragraph, the requirement that an airport subject to this 
part may not be operated without an operating certificate, or in 
violation of its certificate, remains unchanged. References to LAOC's 
and ACS's would be replaced with proposed changes to the certification 
process. As mentioned earlier, references to land airports located in 
the United States or its territories would be moved to a more 
appropriate location in proposed Sec. 139.1, Applicability.
    The term ``except as otherwise authorized by the Administrator'' in 
existing paragraph (b) would be moved to new paragraph (a). This change 
would enable the FAA to authorize operations not covered by the 
regulation.
    New paragraph (b) would require each airport operator to adopt, and 
comply with, an ACM in accordance with proposed requirements.
    New paragraph (c) proposes that each airport class implement its 
ACM within a specified time. It is anticipated that under this proposal 
most airport operators will only need to document processes and 
procedures already in place. However, airport operators that would be 
required to develop an ACM for the first time, or to make extensive 
revisions to an existing manual, would have more time to comply than 
other airports. Staggering compliance dates also would permit adequate 
time for the FAA to process new and revised certification manuals.
    Compliance with requirements for runway and taxiway signs, ARFF, 
and emergency plans would take additional time and corresponding 
sections of the ACM may not be completed within the timeframes 
specified in new paragraph (c). Certificated airport operators may need 
to seek Federal and local funding, order equipment, and train 
personnel. Consequently, additional time is proposed to implement these 
requirements (see discussions under proposed Sec. 139.311, Marking, 
signs, and lighting; Sec. 139.321, Aircraft rescue and firefighting: 
Exemptions; and Sec. 139.327, Airport emergency plan).
    The FAA is requesting comments on the proposed implementation 
schedules. If the commenter proposes alternative compliance dates, 
comments

[[Page 38644]]

should include supporting operational and economic data.
Section 139.103   Application for Certificate
    Existing Sec. 139.103 establishes requirements to apply for an 
airport operating certificate or an limited airport operating 
certificate. This proposal would amend existing Sec. 139.103 by 
revising paragraphs (a) and (b) and by adding a new sentence to the 
beginning of this section. Proposed changes are intended to incorporate 
application requirements also found in existing Secs. 139.201(a) and 
139.209(a).
    This section would continue to require an applicant for an AOC to 
prepare, and submit an application form and an airport certification 
manual to the Administrator for approval. References to LAOC and ACS 
also would be deleted in order to correspond to proposed changes to the 
certification process and classification of airports.
    If this proposal is adopted, airport operators currently holding a 
certificate under part 139 would not be required to apply for a new 
AOC, but may need to amend an existing ACM or ACS.
Section 139.105  Inspection Authority
    The FAA proposes to incorporate existing inspection authority 
provision of Secs. 139.105 and 139.301 into one paragraph. Language 
referencing statutory authority also would be updated.
    Existing Sec. 139.105 states that an airport operator holding a 
certificate under part 139 must allow the FAA to make inspections to 
determine compliance with the regulation. This would not change. This 
new section would state that the Administrator may make inspections and 
tests to determine compliance with airport certification regulations.
    References to the Federal Aviation Act of 1958 would also be 
removed and replaced with references to the current statutory 
authority. In addition, references to LAOC have been deleted.
Section 139.107  Issuance of Certificate
    Existing Sec. 139.107 specifies standards that must be meet before 
the FAA can issue a certificate. This NPRM would revise existing 
language into new paragraphs (a), (b), and (c), propose new 
requirements an applicant must meet, and deletes references to LAOC.
    New paragraph (a) would require applicants to provide written 
documentation that air carrier service would begin on a specific date. 
The FAA intends to limit applicants for part 139 certification to those 
facilities with planned air service.
    As presently required under Sec. 139.107, new paragraph (b) would 
require an applicant for an AOC to meet the requirements for an ACM (as 
required under proposed Sec. 139.103 and 139.203) prior to issuance of 
a certificate.
    New paragraph (c) combines the remaining requirements of existing 
Sec. 139.107. Also, the standard ``public interest'' would be replaced 
with the new standard ``safety in air transportation'' as required by 
the authorizing statute.
Section 139.109  Duration of Certificate
    Existing Sec. 139.109 states that a certificate issued under part 
139 is effective until surrendered by the certificate holder, or 
suspended or revoked by the Administrator. This NPRM proposes to modify 
this section by placing existing language into new paragraph (a). A new 
paragraph (b) also is proposed and references to LAOC would be deleted.
    New paragraph (b) stipulates that the Administrator may revoke an 
AOC if air carrier operations have not occurred for 24 consecutive 
months. However, in deciding whether to revoke an AOC because of lack 
of service, the FAA would consider the airport's reasonable expectation 
of future air carrier service.
    In previous proposals to part 139, airport operators have 
recommended that the reduction or revocation of an airport operating 
certificate should be at the option of the airport operator and not the 
FAA. These commenters were concerned that if an airport later needed to 
regain its certification, the cost to do so would prove burdensome. The 
FAA does not agree with this cost assessment. The FAA requests comments 
(to include economic and operational data) as to why it would be more 
costly to surrender a certificate and then later to regain it, than it 
is to maintain a certificate uninterrupted.
    An airport operator that has lost its certification can continue to 
comply with the requirements of its certification manual and the 
requirements of part 139 until it regains its certificate. While the 
FAA does not inspect non-certificated airports, the operators of such 
airports are encouraged to use part 139 as a guide to ensure safety. 
Further, many such airport operators would be required by Federal grant 
assurances to continue to implement elements of their certification 
program even when not certificated under part 139.
    Under various statutes, the Federal Government is authorized to 
grant property, funds, and other assistance to local communities for 
the development of airport facilities. In return, airport owners assume 
certain obligations, either by contract or by restrictive covenants in 
property deeds that require the airport operator to maintain and 
operate its airport facilities safely, efficiently, and in accordance 
with specified conditions. These conditions are known as ``grant 
assurances'' and require the airport owner to comply with certain 
maintenance and operational conditions similar to those found in the 
requirements of part 139. For example, grant assurances require the 
airport operator to maintain pavements constructed or repaired with 
Federal assistance. These airport operators must also make arrangements 
for promptly marking, lighting and reporting hazards and other 
conditions affecting aeronautical use of the airport.
    This revised section also proposes language enabling a certificate 
holder to appeal an order revoking its AOC. The appeal process is found 
in 14 CFR part 13.
Section 139.111  Exemptions
    Existing Sec. 139.111 establishes procedures for the certificate 
holder to petition for an exemption from the requirements of part 139. 
The FAA proposes to modify this section to reflect proposed changes to 
the format used for petitions for exemption from aircraft rescue and 
firefighting requirements.
    Under revised paragraph (b), references to 14 CFR 11.25, Petitions 
for Rulemaking or Exemption, would be deleted. Instead, a new sentence 
would be added to the end of the paragraph that specifies that an 
applicant for, or holder of, an AOC desiring to petition from aircraft 
rescue and firefighting requirements must do so as prescribed under new 
Sec. 139.321 (see discussion under proposed Sec. 139.321, Aircraft 
rescue and firefighting: Exemptions).
Section 139.113  Deviations
    This notice proposes to revise existing Sec. 139.113 language to 
permit the certificate holder more flexibility during emergencies 
requiring deviation from some of part 139 requirements. Existing 
Sec. 139.113 permits the certificate holder to deviate from 
requirements of subpart D of the regulation during emergency 
conditions.
    As proposed, the standard ``involving the transportation of persons 
by air carriers,'' would be deleted from the first sentence. This 
standard was originally included in part 139 to ensure that airport 
resources and services would not be routinely used to respond to 
emergencies in the local community. However, this section has been 
subsequently interpreted as prohibiting

[[Page 38645]]

the certificate holder from deviating from part 139 requirements unless 
the emergency involves air carrier operations.
    It was never the FAA's intent to restrict airport emergency 
services from assisting with occasional catastrophic events because an 
air carrier was not involved. No amount of pre-planning can cover every 
emergency scenario, and the FAA believes emergency service providers 
are best suited during an emergency to determine the appropriate 
response.
    When a deviation occurs, it would be considered permissible under 
proposed Sec. 139.113, so long as the certificate holder notifies the 
FAA within 14 days of the deviation. This change, however, is not meant 
to allow a certificate holder to take advantage of emergency situations 
to regularly deviate from the requirements of part 139. For instance, 
this proposed section is not intended to allow local municipalities to 
use the emergency services of a part 139 airport to routinely respond 
to emergencies in the surrounding community during air carrier 
operations. This section is intended only to allow a certificate holder 
to provide temporary assistance during occasional catastrophic or 
natural emergencies.
    Certificate holders that are recipients of Federal funds also 
should note that this proposed section would not excuse them from any 
limitations or provision of their grant assurances that restrict the 
use of facilities and equipment purchased with Federal funds.
    In addition, the term ``airport certification manual'' would be 
added to the first sentence of this paragraph to clarify that the 
certificate holder may, when responding to an emergency, deviate from 
both its certification manual and any requirements of subpart D.
    The FAA further proposes to modify requirements of this section to 
allow the certificate holder to notify the FAA of deviations by 
telephone, or other means of electronic communications, rather than 
requiring an automatic written notification.

Subpart C--Airport Certification Manual

    The FAA proposes to revise the title of this subpart by removing 
references to airport certification specifications. In general, the 
contents of subpart C would be clarified and requirements for airports 
serving scheduled operations of small air carrier aircraft have been 
included.
Section 139.201  General requirements
    Existing Sec. 139.201 requires applicants for an AOC to develop, 
and submit for approval, a certification manual.
    This section also requires certificate holders to comply with their 
approved ACM.
    This NPRM proposes to retitle this section from ``Airport operating 
certificate: Airport certification manual,'' to ``General 
requirements.'' In addition, the section would be revised to 
consolidate requirements of existing Secs. 139.201, 139.203, 139.207, 
139.209, 139.211, and 139.215 into a single section.
    The FAA proposes the same general requirements for preparation and 
maintenance of ACM's for all certificated airports. Existing part 139 
provides separate sections for the preparation and maintenance of an 
ACM and ACS, although the requirements of these sections are 
essentially the same.
    New paragraphs (b) and (c) would set forth manual preparation, 
maintenance, and distribution requirements. The proposed changes 
clarify signature responsibilities of the certificate holder, and the 
necessity to document manual changes. In addition, these changes would 
require that any revision to the certification manual contain the FAA's 
approval, in addition to an approval date.
    Also, the requirement that a certification manual be typewritten 
would be expanded to include any printed form. This change is intended 
to clarify that any type of printed form, whether produced on a 
typewriter, computer, etc., would be acceptable to the Administrator.
    Existing Secs. 139.201(a) and 139.209(a) would be deleted as the 
language in both these paragraphs duplicates the language of proposed 
Sec. 139.103 (see the discussion of proposed Sec. 139.103, Application 
for certificate). Also, the 1988 dates in existing Secs. 139.201(c) and 
139.209(c) would be deleted as these dates are no longer applicable.
    Existing paragraph (b) provides guidance and an acceptable means of 
compliance with ACM requirements would be revised and moved to new 
paragraph (d). References to the specific series numbers within the AC 
system would be deleted. Instead, this new paragraph would make a 
general reference to the AC system. This will allow more flexibility in 
updating the AC numbering system, without requiring a subsequent 
revision to the regulation. References to specific AC series numbers 
would be similarly updated throughout subpart D.
Section 139.203  Contents of Airport Certification Manual
    Under this proposal, existing Sec. 139.203, titled ``Preparation of 
airport certification manual,'' would be moved to proposed 
Sec. 139.201. Existing Sec. 139.203 establishes standards for 
maintaining an ACM.
    The contents of Secs. 139.205 and 139.213 are combined in proposed 
new Sec. 139.203. Additional requirements are proposed to correspond to 
the new classifications of certificated airports and changes to subpart 
D.
    Similar to existing Secs. 139.205(a) and 139.213(a), new paragraph 
(a) would require all classes of airports to include in their 
certification manual a description of procedures and equipment used to 
comply with subpart D and any other requirements of this section. 
However, existing language of Secs. 139.205(a) and 139.213(a) would be 
revised. Existing Secs. 139.205(a)(2) and 139.213(a)(2), specifying 
compliance with limitations imposed by the Administrator, would be 
moved to proposed new paragraph (b).
    All certificate holders would be required to have an ACM, and new 
paragraph (b) would specify the manual contents for each class of 
airport. As noted above, the content of the manual would vary depending 
on the class of airport. The most comprehensive manual would be 
required for Class I airports because they serve more complex and 
varied air carrier operations.
    A chart is proposed in new paragraph (b) to aid the certificate 
holder in determining the content of its manual. This chart lists the 
four proposed airport classifications and links each class to the 
appropriate certification manual element.
    In revised Sec. 139.203(b), proposed Class I airport certificate 
holders would be required to include in their ACM all elements that are 
currently required. In addition, this proposal would require the 
operators of these airports to incorporate into their ACM several new 
elements.
    Class I airport certificate holders would include in their ACM a 
description of personnel training and equipment, and a system for 
maintaining records. This is intended to correspond to proposed new 
Sec. 139.301 and proposed changes to existing Sec. 139.303 (see the 
discussion under proposed section 139.301, Records; and 139.303, 
Personnel).
    Airport operators currently holding a LAOC would be required to 
convert their existing ACS into an ACM. All elements that are presently 
required to

[[Page 38646]]

be in an airport certificate holder's ACS would be transferred into the 
new ACM.
    Manuals for airports certificated as Class II and IV airports would 
include procedures to ensure safety in storing and handling hazardous 
materials, traffic and wind indicators, and self-inspections, as 
specified in subpart D.
    These airport operators currently address these safety issues 
differently . Under existing part 139, these safety issues must be 
addressed in the ACS, but not necessarily in the manner prescribed 
under subpart D.
    The FAA has found that most certificate holders with an LAOC 
already provide for these elements in their ACS, as required under 
existing subpart D. Part 139 requirements related to the handling of 
hazardous materials, wind and traffic indicators, and self-inspections 
represent good general airport operating practices that many of these 
airports already have adopted.
    In addition, operators of airports certificated as Class II and IV 
airports would be required to include in their ACM a grid map or other 
means of identifying locations and terrain on and around the airport 
that are significant to emergency operations. For many years, airports 
serving scheduled large air carrier operations have been required to 
include this grid map in their certification manual. This map assists 
airport personnel in maintaining the airport, and emergency personnel 
in responding to incidents at the airport. As such, the FAA proposes 
that all certificate holders include a grid map in their ACM.
    Operators of proposed Class II and IV airports also would be 
required to include in their ACM an emergency plan and procedures for, 
and descriptions of, recordkeeping and personnel training. This is 
intended to correspond to other proposed changes in the regulation. 
Unlike proposed Class I certificate holders, Class II and IV 
certificate holders would not have to include in their certification 
manuals provisions to conduct triennial full scale emergency disaster 
drills. For more details on these proposed requirements, see the 
discussion under proposed Sec. 139.301, Records; Sec. 139.303, 
Personnel; and Sec. 139.327, Airport emergency plan.
    A significant change for operators of proposed Class II and IV 
airports would be the requirement to include in the ACM a description 
of the procedures and equipment used for complying with the ARFF 
standards of proposed Secs. 139.317 and 139.319. While these airports 
provide for ARFF coverage, the level of coverage may not meet standards 
prescribed under existing Secs. 139.317 and 139.319. The FAA proposes 
to require operators of Class II and IV airports to include ARFF 
procedures in their ACM, as specified in subpart D, and comply with at 
least Index A ARFF requirements. Airport operators could petition for 
an exemption from some or all ARFF requirements under proposed 
Sec. 139.321, Aircraft rescue and firefighting: Exemptions, provided 
conditions prescribed in proposed Sec. 139.321 are met.
    Unlike Class IV airports, Class II airports would serve both 
unscheduled operations of large air carrier aircraft and scheduled 
small air carrier aircraft. As such, the FAA proposes additional safety 
requirements appropriate for Class II airports. These airports would 
most likely serve more total air carrier operations than proposed Class 
IV airports and would be required to comply with additional 
requirements. These additional requirements would be addressed in the 
ACM as follows:
    1. Procedures for avoidance of interruption, or failure during 
construction work, of utilities serving facilities or navaids that 
support air carrier operations;
    2. A snow and ice control plan as required under proposed 
Sec. 139.313;
    3. Procedures for controlling ground vehicles as required under 
proposed Sec. 139.331;
    4. Procedures for obstruction removal, marking, or lighting as 
required under proposed Sec. 139.333;
    5. Procedures for protection of navaids as required under proposed 
Sec. 139.335;
    6. A wildlife hazard management plan as required under proposed 
Sec. 139.339; and
    7. Procedures for identifying, marking, and reporting construction 
and other unserviceable areas as required under proposed Sec. 139.343.
    Class III airports would be newly certificated under this proposal. 
As such, operators of these airports would be required to develop an 
ACM. For some operators, this requirement would be minimal because it 
would only require documenting existing procedures. Other Class III 
airport operators would be required, for the first time, to develop new 
procedures. Still others would be required to establish manuals based 
on a combination of new and existing procedures.
    Under new paragraph (b), proposed Class III airport operators would 
be required to include in their ACM a description of the following 
procedures and equipment--
    1. Lines of succession of airport operational responsibility;
    2. Each current exemption issued to the airport from the 
requirements of this part;
    3. Limitations imposed by the Administrator;
    4. A grid map or other means of identifying locations and terrain 
features on and around the airport which are significant to emergency 
operations;
    5. The location of each obstruction required to be lighted or 
marked within the airport's area of authority;
    6. A description of each movement area available for air carriers 
and its safety areas and each road described in Sec. 139.319(k) of this 
part that serves it;
    7. Procedures for avoidance of interruption, or failure during 
construction work, of utilities serving facilities or navaids that 
support air carrier operations;
    8. A description of the system for maintaining records as required 
under Sec. 139.301 of this part;
    9. A description of personnel training as required under 
Sec. 139.303 of this part;
    10. Procedures for maintaining the paved areas as required under 
Sec. 139.305 of this part;
    11. Procedures for maintaining the unpaved areas as required under 
Sec. 139.307 of this part;
    12. Procedures for maintaining the safety areas as required under 
Sec. 139.309 of this part;
    13. A sign plan depicting the runway and taxiway identification 
system and location and inscription of the signs as required under 
Sec. 139.311 of this part;
    14. A description of, and procedures for maintaining, the marking, 
signs, and lighting systems as required under Sec. 139.311 of this 
part;
    15. A snow and ice control plan as required under Sec. 139.313 of 
this part;
    16. A description of the facilities, equipment, personnel, and 
procedures for meeting the rescue and firefighting requirements in 
accordance with Secs. 139.317 and 139.319 of this part;
    17. A description of any approved exemption from the rescue and 
firefighting requirements as authorized under Sec. 139.321 of this 
part;
    18. Procedures for handling fuel, lubricants and oxygen required 
under Sec. 139.323 of this part;
    19. A description of, and procedures for maintaining, the traffic 
and wind direction indicators as required under Sec. 139.325 of this 
part;
    20. An emergency plan as required under Sec. 139.327 of this part;
    21. Procedures for conducting the self-inspection program as 
required under Sec. 139.329 of this part;
    22. Procedures for controlling ground vehicles as required under 
Sec. 139.331 of this part;

[[Page 38647]]

    23. Procedures for obstruction removal, marking, or lighting as 
required under Sec. 139.333 of this part;
    24. Procedures for protection of navaids as required under 
Sec. 139.335 of this part;
    25. A description of public protection as required under 
Sec. 139.337 of this part;
    26. A wildlife hazard management plan as required under 
Sec. 139.339 of this part;
    27. Procedures for airport condition reporting as required under 
Sec. 139.341 of this part;
    28. Procedures for identifying, marking, and reporting construction 
and other unserviceable areas as required under Sec. 139.343 of this 
part; and
    29. Other requirements that the Administrator finds is necessary to 
ensure safety in air transportation.
    While operators of proposed Class III airports would be required to 
include many of the same elements in their certification manual as 
Class I and II airports, the FAA can provide relief from some of these 
requirements that are too operational or economically burdensome. The 
operators of Class III airports may petition for an exemption from some 
or all ARFF requirements, and relief is proposed from certain sign and 
emergency drill requirements.
    In addition, this section would specify that operators of all 
proposed classes of airport would be required to develop a sign plan as 
part of their ACM that shows the location on the airport and 
inscription of each sign required by Sec. 139.311(b). During a review 
of airport sign systems [52 FR 44276, November 18, 1987; and 53 FR 
40842, October 18, 1988], the FAA found that planning and diagramming 
appropriate signs and their location avoided unnecessary sign purchases 
or improper sign locations. Accordingly, the FAA believes the 
requirement for a sign plan would be beneficial to all certificated 
airports and that most currently certificated airports comply with this 
proposed requirement.
    The following tables list both current part 139 requirements and 
proposed subject requirements that would be applicable to each airport 
classification should the FAA adopt this proposal. Proposed 
requirements would be in addition to current requirements as revised, 
unless otherwise noted in the table.

        A. Current and Proposed Requirements for Class I Airports
------------------------------------------------------------------------
     Current requirements                Proposed requirements
------------------------------------------------------------------------
1. Personnel provisions......  A recordkeeping system and new personnel
                                training standards.
2. Paved and unpaved surfaces  Unchanged.
3. Safety areas..............  Unchanged.
4. Marking, lighting and       Unchanged.
 signs.
5. Snow and ice control plan.  Unchanged.
6. ARFF......................  New recurrency training, fire
                                extinguishing agent and HAZMAT response
                                standards, and increase frequency of
                                ARFF coverage (where ARFF is not
                                provided for small air carrier
                                operations).
7. HAZMAT handling/storage...  Standards for air carrier fueling
                                operations, and additional fuel fire
                                safety and personnel training standards.
8. Traffic/wind indicators...  New supplemental wind cone/segmented
                                circle standards.
9. Airport emergency plan      New requirement to plan for fuel storage
 (AEP).                         fires.
10. Self-inspections.........  New training requirements for inspection
                                personnel.
11. Ground vehicle operations  Unchanged.
12. Obstructions.............  Unchanged.
13. Navaids..................  Unchanged.
14. Public protection........  Unchanged.
15. Wildlife hazard            New wildlife strike reporting, hazard
 management.                    assessment, and management plan
                                standards.
16. Airport condition          New notification standard.
 reporting.
17. Construction/              Unchanged.
 unserviceable areas.
------------------------------------------------------------------------


       B. Current and Proposed Requirements for Class II Airports
------------------------------------------------------------------------
     Current requirements                Proposed requirements
------------------------------------------------------------------------
1............................  New requirements for a recordkeeping
                                system and personnel training.
2. Paved and unpaved surfaces  Unchanged.
3. Safety areas..............  Unchanged.
4. Marking, lighting and       Unchanged.
 signs.
5............................  New requirement for snow and ice control
                                plan.
6. ARFF (negotiated standard)  New ARFF standards per proposed 139.315-
                                .321).
7. HAZMAT handling/storage     New HAZMAT handling/storage standard (per
 (negotiated standard).         proposed 139.323).
8. Traffic/wind indicators     New traffic/wind indicators standard (per
 (negotiated standard).         proposed 139.325)
9............................  New requirement for AEP (no triennial
                                exercise required).
10. Self-inspections           New self-inspections standard (per
 (negotiated standard).         proposed 139.329).
11...........................  New requirement for ground vehicle
                                operations.
12...........................  New requirement for obstructions.
13...........................  New requirement for Navaids.
14...........................  New requirement for public protection.
15...........................  New requirement for wildlife hazard
                                management.
16. Airport condition          New airport condition reporting standard
 reporting (negotiated          (per proposed 139.341).
 standard).
17...........................  New requirement for construction/
                                unserviceable areas.
------------------------------------------------------------------------


[[Page 38648]]


       C. Current and Proposed Requirements for Class III Airports
------------------------------------------------------------------------
     Current requirements                Proposed requirements:
------------------------------------------------------------------------
1............................  A recordkeeping system and personnel
                                training.
2............................  Paved and unpaved surfaces.
3............................  Safety areas.
4............................  Marking, lighting and signs.
5............................  Snow and ice control plan.
6............................  ARFF.
7............................  HAZMAT handling/storage.
8............................  Traffic/wind indicators.
9............................  AEP (no triennial exercise required).
10...........................  Self-inspections.
11...........................  Ground vehicle operations.
12...........................  Obstructions.
13...........................  Navaids.
14...........................  Public protection.
15...........................  Wildlife hazard management.
16...........................  Airport condition reporting.
17...........................  Construction/unserviceable areas.
------------------------------------------------------------------------


       D. Current and Proposed Requirements for Class IV Airports
------------------------------------------------------------------------
     Current requirements                Proposed requirements
------------------------------------------------------------------------
1............................  New requirement for a recordkeeping
                                system and personnel training.
2. Paved and unpaved surfaces   Unchanged.
3. Safety areas..............  Unchanged.
4. Marking, lighting and       Unchanged.
 signs.
5............................
6. ARFF (negotiated standard)  Unchanged.
7. HAZMAT handling/storage     Unchanged.
 (negotiated standard).
8. Traffic/wind indicators     Unchanged.
 (negotiated standard).
9............................  New requirement for an AEP (triennial
                                exercise not required).
10. Self-inspections           Unchanged.
 (negotiated standard).
11...........................
12...........................
13...........................
14...........................
15...........................
16. Airport condition          Unchanged.
 reporting (negotiated
 standard).
17...........................
------------------------------------------------------------------------

Section 139.205  Amendment of Airport Certification Manual
    Under this proposal, existing Sec. 139.205, titled ``Contents of 
airport certification manual,'' would be moved to proposed 
Sec. 139.203. Existing Sec. 139.217, titled ``Amendment of Airport 
Certification Manual or Airport Certification Specifications,'' would 
be moved to proposed Sec. 139.205 and retitled. Existing Sec. 139.217 
specifies procedures for amending the ACM or the ACS.
    Minor editorial clarifications are proposed to existing 
Sec. 139.217, but existing amendment procedures and requirements would 
be unchanged. The title of the section would be revised to delete the 
term ``Airport Certification Specifications.'' Also, references to the 
Administrator have been changed to Associate Administrator for 
Airports. Action on petitions made under this section would be 
delegated to the Associate Administrator for Airports.
    In addition, amendment procedures specified in existing paragraph 
(d) would be revised. Currently the FAA may initiate action to amend an 
ACM, but there is no time period specified when the certificate holder 
will be notified of the disposition of a proposed amendment. Under new 
paragraph (d), the certificate holder would be notified within 30 days 
after receipt of the notification as to whether the amendment has been 
adopted or rescinded.

Subpart D--Operations

Section 139.301  Records
    Under this proposal, existing Sec. 139.301, titled ``Inspection 
authority,'' would be moved to proposed subpart B and consolidated with 
existing language of Sec. 139.105 to create a single section titled 
``Inspection authority'' (see discussion under Sec. 139.105, Inspection 
authority). Proposed Sec. 139.301, titled ``Records,'' would be new and 
be applicable to all part 139 airports.
    With the addition of new airports to the certification process, the 
FAA believes it is necessary to clarify certificate holders' 
recordkeeping responsibilities. While many certificated airports 
already keep records to show compliance with part 139, this proposed 
amendment would ensure more consistent recordkeeping and require that 
the FAA be given access to such records.
    New paragraph (a) would stipulate that the certificate holders 
would make available to FAA inspectors records required under part 139 
in a manner to facilitate their monitoring of an airport's compliance 
with part 139.
    Proposed new paragraph (b) would require that a certificate holder 
make and maintain records of each scheduled

[[Page 38649]]

or unscheduled operation of large air carrier aircraft and scheduled 
operations of small air carrier aircraft, if the airport serves less 
than 10,000 annual air carrier operations during the previous 24 
consecutive calendar months. This information will assist the FAA in 
determining whether the airport operator should continue to hold an 
AOC.
    The FAA does not currently collect data on air carrier operations 
from airports with less than 10,000 annual operations, nor is data 
collected on unscheduled air carrier operations. Without this data, it 
is difficult for the FAA to properly allocate resources at airports 
serving small or unscheduled air carrier aircraft. The FAA does not 
believe this requirement is unduly burdensome as many airport operators 
already track air carrier operations for planning purposes and 
collecting user fees.
    Proposed paragraph (c) would require the certificate holder to 
maintain any additional records that the Administrator may require. 
This paragraph also identifies some new and existing recordkeeping 
requirements contained in proposed part 139.
Section 139.303  Personnel
    Existing Sec. 139.303 requires certificate holders to maintain 
sufficient qualified personnel necessary to comply with the 
requirements of part 139. Under this proposal, this section would be 
revised to include additional requirements, organized into four new 
paragraphs. The requirements of this revised section would be 
applicable to all part 139 airports.
    With the addition of new airports to the certification process, the 
FAA proposes to clarify in new paragraphs (a) and (b) a certificate 
holder's responsibilities to train and equip personnel performing 
duties required under the proposed part 139. This would include duties 
performed by airport personnel necessary to ensure the safe and 
efficient operation and maintenance of the airport. While many existing 
part 139 airports must comply with existing requirements of 
Sec. 139.303, this proposal would for the first time stipulate that 
certificate holders must ensure that their personnel have the available 
resources needed to properly perform their duties. For example, a 
certificate holder would be required to provide personnel responsible 
for the upkeep of runway lighting with any necessary electrical 
supplies and tools, as well as provide access to pertinent sections of 
the ACM, and appropriate AC's.
    New paragraph (c) proposes that the certificate holder develop a 
personnel training program to ensure that all personnel have the 
specific knowledge to perform their required duties at their airport 
and can perform such duties. Similar to training required for ARFF 
personnel, this training would be required when personnel first assume 
their duties and again on a reoccurring basis, as specified in the ACM.
    New paragraph (d) would require the certificate holder to maintain 
records of training given to personnel, as required under this new 
section. Training records for each individual would have to be kept for 
each employee a minimum of two years after completion of the training 
to ensure these records are available for the FAA's annual inspection. 
The FAA has found that annual ARFF training records currently required 
have benefited the FAA and certificate holders in monitoring the 
quality and effectiveness of training. The FAA believes it would be 
beneficial to require training records of other employees that have 
duties prescribed in the ACM.
Section 139.305  Paved Areas, and Section 139.307  Unpaved Areas
    Under this proposal, existing Secs. 139.305 and 139.307 would 
remain virtually unchanged. These sections prescribe standards for 
maintaining and repairing paved and unpaved areas.
    The term ``Airport Certification Specifications'' would be deleted 
to reflect proposed certification changes, and language stating 
specific series numbers within the AC system would be changed to a 
general reference to the AC system.
    Further, existing Sec. 139.305(a)(1) would be modified by deleting 
the terms ``full strength'' and ``shoulder.'' The terms ``full 
strength'' and ``shoulder'' have caused confusion as to what areas 
surrounding movement areas to apply the 3-inch abutting surface 
limitation. To minimize damage to an aircraft that inadvertently leaves 
a runway, taxiway or other movement areas, this standard ensures that 
the edges of such pavement do not exceed more than 3 inches in height 
than the surrounding areas. This change clarifies that the standard is 
applicable to any area surrounding pavement used by air carrier 
aircraft, regardless of how these areas are used, or these areas' 
condition, strength, or composition.
    Currently, all airports certificated under part 139 must comply 
with the provisions of Secs. 139.305 and 139.307. In addition, proposed 
manual requirements (proposed Sec. 139.205) would require operators of 
newly certificated airports to develop procedures for maintaining paved 
and unpaved areas, as required under these sections. Both the FAA and 
the ARAC Commuter Airport Certification Working Group agree that 
airports serving scheduled operations of small air carrier aircraft 
should be required to maintain paved and unpaved areas as prescribed by 
these sections. Paved and unpaved areas include loading aprons, parking 
areas, taxiways, and runways. The deterioration of pavements and other 
areas must be limited to ensure that these areas adequately support air 
carrier aircraft operations.
    The requirements for paved and unpaved areas should not prove a 
hardship on proposed Class III airports. As mentioned earlier, many of 
these airports have received Federal funding for paving improvements or 
new construction (see discussion of Regulatory Evaluation). These 
airports already maintain paved areas in a manner authorized by the 
Administrator in order to comply with grant assurances (see discussion 
of proposed Sec. 139.109, Duration of certification). Pavement 
rehabilitation and expansion projects are eligible for further Federal 
funding and may be eligible for additional state or local funding.
Section 139.309  Safety Areas
    Existing Sec. 139.309 prescribes standards for the establishment 
and maintenance of a safety area for each runway and taxiway available 
for air carrier use. Under this proposal, this section would remain the 
same, except for minor editorial changes to paragraphs (a) and (c). The 
requirements of this revised section would be applicable to all part 
139 airports, including proposed Class III airports.
    A safety area is a defined area surrounding a runway or taxiway 
that is prepared, or suitable, for reducing the risk of damage to 
aircraft in the event an aircraft undershoots, overshoots, or deviates 
from a taxiway or runway. Establishing a safety area may require 
filling of culverts, grading, and compacting the ground to remove 
depressions or high spots. Lights and signs may be reinstalled on 
frangible mountings. A well-maintained safety area can prevent injuries 
to passengers and limit damage to aircraft that depart from paved 
surfaces. The safety area would allow the aircraft to come to a rest on 
a graded, obstacle free surface. Safety areas also allow emergency 
response vehicles to more quickly reach troubled aircraft.
    The language of existing paragraph (a) would be revised to require 
that certificate holders ensure runway safety

[[Page 38650]]

areas are maintained in accordance with the standards of this section, 
unless otherwise approved in the ACM.
    Dates listed in existing paragraphs (a)(1) and (2) that 
``grandfather'' existing safety areas would remain effective. These 
dates were adopted when part 139 was revised in 1987 (52 FR 44276, 
November 18, 1987.) Prior to 1987, many airport operators invested 
resources to develop safety areas before standardized guidelines were 
established. Further, physical limitations of airports resulted in 
establishment of some safety areas that did not meet the standard due 
to local circumstances. For example, available solid ground around 
runways located adjacent to bodies of water may have been inadequate to 
establish a safety area that meets the required dimensions.
    Since 1988, the FAA has required any renovation or construction of 
safety areas to meet the requirements of Sec. 139.309 at most airports 
that would be effected by this proposed rule, including proposed Class 
III airports. Any newly certificated airport under this proposal that 
has renovated or constructed its safety areas since 1988 could apply 
for an exemption under proposed Sec. 139.111 if its safety areas do not 
comply with the requirements of this section.
    Paragraph (c) would be revised to make a general reference to the 
availability of the AC system.
Section 139.311  Marking, Signs, and Lighting
    Existing Sec. 139.311, titled ``Marking and lighting,'' specifies 
standards for runway and taxiway markings, signs, and lighting. Under 
this proposal, this section would be retitled and clarified. In 
addition, new paragraphs (b) and (g) would be added. The marking and 
lighting requirements would be revised to correspond to proposed 
Sec. 139.203 requiring all operators of certificated airports to comply 
with this section.
    The addition of the word ``signs'' to the title of this proposed 
section reflects proposed changes to this section that would separate 
marking, signs, and lighting requirements into three distinct 
paragraphs. Paragraph (a) would contain marking requirements, new 
paragraph (b) would specify sign requirements, and paragraph (c) would 
detail movement area lighting requirements.
    Revised paragraph (a) would contain existing marking requirements, 
with a minor clarification concerning taxiway edge markings. In 
addition, the word ``runway'' would be deleted from the term ``runway 
holding position markings'' to permit special operations that require 
holding position markings other than those prior to the runway. To 
accommodate such special aircraft operations, the FAA proposes to 
delete the word ``runway'' from both the phrase ``runway holding 
position markings'' in proposed paragraph (a) and the phrase ``runway 
holding position signs'' in proposed paragraph (b).
    New paragraph (b) would include sign requirements currently found 
in Sec. 139.311(a) and specify signs that must be internally 
illuminated. Paragraph (b)(2) would require proposed Class I, II, and 
IV airports operators to internally illuminate taxiing route signs, 
holding position signs, and ILS critical area signs. Paragraph (b)(3) 
would require operators of proposed Class III airports to internally-
illuminate only holding position and ILS critical area signs.
    Due to cost associated with installing and maintaining internally-
illuminated signs, the majority of the ARAC Commuter Airport 
Certification Working Group recommended use of retro-reflective runway 
signs (signs that reflect light back, similar to signs used on 
interstate highways) for runways not equipped with lighting. 
Internally-illuminated signs would be appropriate for runways that are 
equipped with lighting. The working group report recognized the cost to 
install internally-illuminated signs and suggested use of these signs 
only on runways that have a power source in place. The initial cost to 
supply electrical power to taxiways and/or runways was viewed as 
relatively high, and the working group hoped this approach would 
economize airport resources.
    While the majority of the working group recommended retro-
reflective signs identifying taxiing routes, representatives of ALPA 
recommended that newly certificated airports (proposed Class III 
airports) install internally-illuminated signs on taxiing routes where 
edge or centerline lighting exists. ALPA opposes retro-reflective 
taxiway signs because it believes that retro-reflective signs may not 
be visible to pilots operating aircraft of varying size and 
configurations. Conversely, the majority of members believe that 
aircraft with fewer than 31 passenger seats (typically used at Class 
III airports) are lower to the ground, thereby validating use of retro-
reflective signs. ALPA further argued that similar requirements for 
runway and taxiway signs would ensure standardization and, with the 
gradual conversion to internally illuminated signs, would present a 
minimal economic burden, noting that signs are eligible for Federal 
funding.
    The FAA disagrees with ALPA's conclusion that use of internally-
illuminated signs will present minimal impact on airports. While 
improvements to taxiway and runway signs are eligible for Federal 
funding, such improvements may not receive funds. Further, requiring 
installation of specific equipment on the assumption that the equipment 
is eligible for funds through the AIP would be misleading. AIP funds 
are allocated on a priority basis, and airport sign improvements would 
compete with other airport improvements and safety projects on a 
nationwide basis. Moreover, AIP funds do not cover all of an airport's 
costs local communities provide some matching funds.
    However, the FAA is concerned about ALPA's contention that retro 
reflective signs may not be visible to all air carrier pilots because 
of differences in aircraft configurations and the location of taxi 
lights, and would like to use this rulemaking to invite comments on 
this issue. FAA also requests comments, including economic and 
operational data, on whether or not the installation of unlighted 
retro-reflective signs would provide an adequate sign system for Class 
III airports.
    The term ``unless otherwise authorized by the Administrator'' also 
would be included in new paragraph (b) to provide for those instances 
where an airport has a runway that does not have edge or in-pavement 
lighting, thus a suitable power source may not be available to 
illuminate signs. In such cases, the FAA would work with the airport to 
develop acceptable alternative signs until funding is available for 
installing or improving power for runway lights and signs.
    New paragraph (c) would contain existing lighting requirements for 
aircraft operations currently found in existing Sec. 139.311(b). The 
word ``darkness'' would be replaced with the word ``night,'' which is 
defined in 14 CFR part 1. Special criteria also would be included to 
address the unique environment of Alaska.
    Also, references to 14 CFR part 77 concerning obstruction would be 
deleted. Part 77 is being revised and may be reorganized. New paragraph 
(c)(5) of proposed Sec. 139.311 would require the marking and lighting 
of objects determined by the FAA to be an obstruction.
    The phrase ``authorized by the Administrator'' also would be added 
to existing language of proposed paragraphs (a), (b), and (c). This 
change would ensure that the requirements of this section are 
implemented in a manner satisfactory to the FAA. This change 
corresponds to those in proposed Sec. 139.7 (see discussion under

[[Page 38651]]

Sec. 139.7 Methods and procedures for compliance).
    In addition, language in paragraphs (a), (b), and (c) pertaining to 
lowest minimums authorized for a runway would be modified. This revised 
language would clarify that the FAA authorizes landing and takeoff 
minimums for runways. This does not change how such minimums are 
currently determined; the revised language clarifies that FAA is 
responsible for making such determinations.
    With changes to other paragraphs in this section, existing 
paragraph (c) would become new paragraph (d) and continue to require 
certificate holders to properly maintain marking, sign and lighting 
systems. Existing (d), requiring certificate holders to prevent light 
interference with air traffic control and aircraft operations, would 
become new paragraph (e). Consequently, existing paragraph (e) would 
become new paragraph (f) and continue to specify that advisory 
circulars (AC's) contain marking, sign, and lighting standards that are 
acceptable to the Administrator. Existing paragraph (f) would be 
deleted as it addresses an implementation date that has already passed.
    A new paragraph (g) proposes a compliance date for marking and 
lighting requirements by operators of proposed Class III airports. 
These airport operators would be provided adequate time to develop a 
sign plan, order, and take delivery of signs, and install signs 
required by this part. Operators of proposed Class II and IV airports 
currently holding an LAOC should already comply with this section's 
requirements.
Section 139.313  Snow and Ice Control
    This proposal would make minor modifications to the existing 
standards of Sec. 139.313, titled Snow and ice control. As proposed, 
Class I airport certificate holders would continue to implement their 
existing snow plans, and operators of proposed Class II and III 
airports would be required to develop snow and ice control plans, as 
appropriate.
    Existing Sec. 139.313 requires operators of airports serving 
scheduled operations of large air carrier aircraft to develop and 
implement snow and ice control plans, if the airport is located in an 
area where snow and icing conditions regularly occur. Snow and ice 
plans include procedures for removal and control of snow and ice 
accumulations and notification to air carriers when movement areas are 
unusable due to snow and ice. No changes are proposed to these 
requirements.
    In the revised paragraph (a), the term ``regularly'' would be 
deleted and new language added to clarify that the FAA will determine 
which airports require snow and ice control plans. The term 
``regularly'' is too vague and difficult to further define.
    Proposed Sec. 139.313(b)(2) would be modified. This paragraph 
prescribes the standard for positioning snow off movement areas. This 
proposal would not change this standard, but would delete the redundant 
term ``full strength.'' This term ``full strength'' is unnecessary as 
proposed Sec. 139.3 defines movement areas as those areas used by 
aircraft to taxi and land. To function as such, movement areas must 
have the capability to support the weight of the aircraft using these 
surfaces--a surface condition described as full strength.
    In addition, references to airport condition reporting requirements 
in paragraph (b) would be updated to correspond to new section 
numbering. Paragraph (c) also would be modified to reference 
generically to the AC system rather than specific series number.
    The ARAC Commuter Airport Certification Working Group's report 
contained a recommendation that Class II and III airports should be 
required to remove snow and ice. The working group suggested minor 
modifications to the rule language that would limit the requirement to 
remove snow and ice to times just prior to air carrier operations. The 
group recommended deletion of the requirement that snow and ice be 
removed promptly. The FAA disagrees. Continuous and prompt removal of 
snow and ice ensures safe airport conditions in hazardous weather 
conditions. Failure to promptly remove snow and ice from movement areas 
could make removal of accumulations just prior to air carrier operation 
more difficult.
Sections 139.315-139.321  Aircraft Rescue and Firefighting (General 
Discussion)
    Existing part 139 has three sections dedicated to aircraft rescue 
and firefighting (ARFF) requirements. This proposal would revise these 
three sections to include new requirements and reflect current industry 
practices. In addition, a fourth ARFF section is proposed that would 
specify procedures for airport certificate holders to request an 
exemption from ARFF requirements.
    This proposal also would require that all airports certificated 
under part 139 provide appropriate ARFF coverage meeting at least 
minimum ARFF requirements (Index A), subject to the limited exemption 
discussed below. Proposed changes to ACM requirements (see discussion 
of proposed Sec. 139.203, Contents of airport certification manual) 
would require all certificated airports to include procedures in their 
ACM for complying with proposed ARFF requirements appropriate to the 
air carrier aircraft and operation served.
    Currently, only airports serving scheduled operations of large air 
carrier aircraft are required to comply with all of part 139 ARFF 
requirements. Under existing Sec. 139.321(b)(11), airports serving 
unscheduled operations of large air carrier aircraft (airports holding 
an LAOC) are required only to provide for ``emergency response to 
aircraft rescue and firefighting needs.'' This means that airports 
holding an LAOC must provide for ARFF coverage but such coverage does 
not have to meet prescribed part 139 ARFF requirements. The FAA 
determines ARFF requirements at these airports on a case-by-case basis. 
While the FAA uses part 139 standards as a benchmark, the level of this 
coverage varies depending on the air carrier operations served and the 
availability of local resources.
    To standardize ARFF at certificated airports, the FAA proposes that 
all certificated airports serving both scheduled and unscheduled 
operations be required to comply with all ARFF requirements. However, 
requiring all airports to comply with the standards of this revised 
section may pose a substantial cost for airports that do not currently 
provide at minimum ARFF coverage (Index A), or do so only to cover an 
occasional unscheduled air carrier flight. This would include both 
currently certificated airports and airports that would be newly 
certificated if this proposal is adopted.
    The FAA has provided financial and technical support to help some 
airports holding an LAOC comply with part 139 ARFF requirements, 
particularly for the purchase of ARFF equipment. As a result, many 
airports holding a LAOC already comply with most of the ARFF 
requirements. However, the FAA recognizes that these airports typically 
are located in smaller communities that have limited resources and that 
the sporadic nature of unscheduled air carrier operations often makes 
it cost prohibitive for such communities to provide the same level of 
ARFF coverage provided by airports serving scheduled large air carrier 
aircraft.
    Accordingly, the FAA proposes to establish procedures to exercise 
its statutory authority to provide limited exemptions for certain 
airports from some or all prescribed ARFF requirements on a case-by-
case basis.
    The issue of ARFF proved to be the most contentious for the ARAC

[[Page 38652]]

Commuter Airport Certification Working Group. The group was not able to 
reach a consensus on the level of ARFF coverage appropriate for 
airports serving small air carrier aircraft. While the majority of the 
working group agreed that ARFF equipment should meet minimum ARFF 
coverage required under part 139 (Index A), no agreement was reached 
for stationing ARFF personnel and equipment on the airport, or 
requiring a 3-minute ARFF response.
    The working group's greatest concern was over labor and training 
costs associated with ARFF requirements. The working group concluded 
that many of the communities serving small air carrier operations could 
not afford to provide the same level of ARFF services required of 
airports serving large air carrier operations, even if Federal funds 
were made available to assist in the purchase of ARFF equipment. The 
majority of the members of the working group recommended that operators 
of small airports work with local firefighting agencies to arrange for 
emergency services and incorporate such arrangements into the airport's 
emergency plan.
    The majority of the working group also concluded that there was a 
lack of accident data to support on-airport ARFF at smaller facilities. 
The working group reviewed the National Aviation Safety Data Analysis 
Center's (NASDAQ) collection of NTSB reports for all part 135 scheduled 
airplane accidents and incidents that occurred on airports between 1983 
and 1996. The group discovered 15 on-airport accidents involving small 
air carriers that resulted in post crash fires. A total of 38 
fatalities occurred as a result of these accidents. With the exception 
of one accident resulting in fatalities, all fatalities were the result 
of the aircraft impact, not the subsequent fire.
    The exception is the crash of Northwest Airlink Flight 2268, a 
CASA-212 commuter aircraft, at the Detroit Metropolitan Airport on 
March 4, 1987. The Detroit Metropolitan Airport is a part 139 
certificated airport with the most comprehensive ARFF capabilities 
(Index E). A rapid intervention ARFF vehicle was at the crash scene 
within one and one-half minutes of the alarm from the control tower, 
and the fire was extinguished within two minutes of the first alarm. 
Before ARFF services could arrive, a quick and intense post crash fire 
killed nine aircraft occupants. Ten occupants survived, by exiting the 
aircraft prior to the secondary fire.
    The working group did not consider the November 1996 commuter 
accident at Quincy, Illinois, in its review because the NTSB had not 
concluded its investigation at that time.
    The Air Line Pilots Association (ALPA) expressed a minority 
position for one level of safety and stringent ARFF requirements at all 
certificated airports regardless of size of aircraft serving the 
airport. ALPA favored a 3-minute test response that is currently 
required of airports receiving scheduled operations of large air 
carrier aircraft, and offered suggestions for providing personnel 
needed for ARFF response. Among others, ALPA suggested that airport 
operators cross-train their employees (or tenant employees) to perform 
ARFF duties, or that the local community site a fire station on the 
airport. ALPA subsequently provided a position document that is 
available in the docket.
    The FAA is not opposed to ALPA's position that ARFF coverage be 
provided at airports served by small air carrier aircraft. Current part 
139 and this proposal permit the use of existing airport employees to 
perform ARFF duties so long as the provisions of part 139 are met. With 
FAA approval, an airport operator could arrange to have part, or all, 
of its ARFF responsibilities performed by an air carrier or fixed base 
operator (FBO) so long as the requirements of this part and the 
airport's certification manual are met.
    However, ALPA's position on a standard 3-minute test response is 
impractical. Most local volunteer fire departments would not have 
volunteers present for every air carrier operation. Similarly, locating 
a fire station on the airport can mean that, during air carrier 
operations, firefighters would not be available to provide emergency 
services elsewhere in the community.
    In connection with this rulemaking, the FAA is considering a 
clarification of agency policy on the use of airport revenue to promote 
the availability of ARFF services at small airports. Generally, a non-
aeronautical municipal use of airport property must be charged a fair 
market rental rate for the airport to comply with grant assurances that 
require the airport to maintain a rate structure that makes it as self-
sustaining as possible (see discussion of Sec. 139.109 Duration of 
certificate). However, a municipal fire station on airport property may 
receive a reduction in rent proportional to the airport-related purpose 
and use of the station. In connection with the adoption of proposed 
ARFF requirements for airports serving small air carrier aircraft, the 
FAA would consider this reduction to apply to a municipal fire station 
located on a Class II, III, or IV airport when the municipal station is 
an essential element of the local agreement the airport uses to meet 
its ARFF obligations under part 139.
    Since the ARAC submitted its report on the certification of 
commuter airports, the NTSB announced its findings on the commuter 
aircraft accident in Quincy, Illinois. The accident involved the runway 
collision of a United Express Flight 5925, a Beech 1900C commuter 
aircraft, and a Beech King Air, N1127D, during the landing sequence of 
the United Express and the take off of the King Air from Quincy 
Municipal Airport. The Quincy Municipal Airport has a limited airport 
operating certificate and only provides ARFF coverage during large air 
carrier operations. At the time of the accident, there were no large 
air carrier aircraft operations and ARFF services were not on site. All 
ten passengers and two crewmembers aboard Flight 5925 and the two 
occupants on the King Air were killed as the result of post-crash 
fires.
    The NTSB found that the speed with which the fire enveloped the 
King Air, and the intensity of the fire, precluded survivability of the 
occupants. The occupants of the Beech 1900C did have the opportunity to 
escape but could not open external doors that had been damaged. The 
NTSB concluded that lives might have been saved had on-airport ARFF 
protection been required. However, the board recognized the economic 
difficulties on-airport ARFF requirements would place on smaller 
communities. In this regard, the NTSB recommended that the FAA develop 
ways to fund ARFF protection at airports serving scheduled passenger 
operations in aircraft with more than 10 seats.
Section 139.315  Aircraft Rescue and Firefighting: Index Determination
    Airports certificated under part 139 that serve scheduled air 
carrier operations with more than 30 seat aircraft must provide ARFF 
coverage that is appropriate to the size of aircraft using the airport. 
Existing Sec. 139.315 establishes criteria for determining the proper 
ARFF coverage. Requirements for this coverage are divided into five 
categories, or indexes, based on the length of the longest air carrier 
aircraft that departs the airport at a certain frequency. Index A 
prescribes the minimum ARFF standards (type of extinguishing agent, 
truck capacity, etc.) that an airport must provide during operations of 
air carrier aircraft less than 90 feet in length. Air carrier aircraft 
with 10-30 seats used in scheduled passenger service are typically less 
than in 90 feet in length.

[[Page 38653]]

    Under this proposal, clarifications would be made to the 
requirements of existing Sec. 139.315. Existing paragraph (c)(1) and 
(c)(2) would be combined into a single paragraph.
    The current format of this paragraph has resulted in (c)(1) and 
(c)(2) being misinterpreted and airports complying with lower ARFF 
index requirements than intended.
    A certificated airport serving scheduled air carrier operations 
must comply with the ARFF Index that corresponds to the largest 
aircraft as long as there are five or more average daily departures of 
that type of aircraft. However, confusion exists when the largest 
aircraft serving an airport has less than five daily departures. In 
such cases, a certificated airport must meet the next lower ARFF index 
requirements for the largest air carrier aircraft serving the airport, 
regardless on number of average daily departures.
    For example, if an airport serves 10 daily departures of Index A 
aircraft, three daily departures of Index B aircraft, and four daily 
departures of Index C aircraft, the FAA intends for this airport to 
provide at least Index B ARFF coverage. Index B ARFF coverage would 
also be required at an airport receiving four daily departures of Index 
A aircraft, four daily departures of Index B aircraft, and three daily 
departures of Index C aircraft. The existing rule language has resulted 
in the incorrect interpretation that Index A ARFF coverage would be 
appropriate in both examples because daily departures were used as the 
determining factor rather than the largest aircraft serving the 
airport. When the largest aircraft serving a certificated airport has 
less than five daily departures, then aircraft size would determine the 
ARFF index.
    The FAA also proposes revisions to this section to emphasize that 
in all circumstances, the minimum ARFF index will be Index A.
Section 139.317  Aircraft Rescue and Firefighting: Equipment and Agents
    Existing Sec. 139.317 prescribes standards for ARFF equipment and 
fire extinguishing agents. The FAA proposes revisions to this section 
to reflect changes made to the production of fire extinguishing agents.
    The FAA proposes to add the phrase ``unless otherwise authorized by 
the Administrator'' to this section to provide relief to airports 
waiting for Federal funds to purchase adequate equipment, or to address 
other local circumstances that may require temporary use of alternative 
equipment or extinguishing agents. Long-term relief from the standards 
of this section would be considered under proposed Sec. 139.321, 
Aircraft rescue and firefighting: Exemption.
    In addition, the term ``clean agent'' would be added to this 
section. The term defines a new type of aircraft fire extinguishing 
agent that an airport operator could use to comply with this section, 
and as noted earlier, is used by the firefighting community to describe 
a category of fire extinguishing agents that replace halon 1211.
    Under existing Sec. 139.317, halon 1211 is specified as one of the 
fire extinguishing agents that an airport operator can use. However, 
chlorofluorocarbon chemicals, including halon 1211, have been 
identified as a stratospheric ozone depleter. The United States 
Environmental Protection Agency (EPA) banned the production of halon 
1211 on January 1, 1994. Airport operators currently using halon 1211 
will be required by the EPA to switch to authorized agents when their 
stockpiles are depleted and may only use halon 1211 during actual 
aircraft emergencies.
    Under this proposal, most of existing Sec. 139.317(i) would be 
deleted. The FAA proposes to remove references to specific standards 
for extinguishing agent substitutions and place these in an advisory 
circular. Only language allowing the use of alternate extinguishing 
agents authorized by the Administrator would be retained.
    The FAA also proposes to remove language no longer needed in this 
section that provided relief to certain airport certificate holders 
whose ARFF vehicles were unable to comply with all the requirements of 
this section at the time of the regulation's last revision (November 
1987). Since the 1987 revision, the FAA has funded through the Airport 
Improvement Program the purchase and rehabilitation of ARFF vehicles, 
and noncompliant vehicles have been replaced. However, the FAA 
recognizes that airports newly certificated (proposed Class III 
airports) may be using ARFF vehicles that do not comply fully with the 
requirements of this section. The exemption process of proposed 
Sec. 139.321 would enable the FAA to consider relief from this 
section's requirements.
    The FAA proposes a 2-year timeframe for those airports required for 
the first time to comply with the standards of this section (proposed 
Class II, III and IV airports). The proposed compliance dates should 
allow these airports adequate time to acquire funding for, and purchase 
of, ARFF equipment. Approximately 40 airports (both certificated and 
non-certificated) would have to obtain additional ARFF equipment. The 
FAA would consider a time extension for airports unable to comply 
within this 2-year timeframe.
Section 139.319  Aircraft Rescue and Firefighting: Operational 
Requirements
    Existing Sec. 139.319 prescribes standards for the training of ARFF 
personnel; ARFF vehicle marking, lighting, and readiness; and emergency 
access roads. This section also establishes criteria for a certificate 
holder to make adjustments to ARFF coverage to correspond to changes in 
air carrier operations. Currently, only airports serving scheduled 
operations of large air carrier aircraft are required to comply with 
Sec. 139.319. Under this proposal, all classes of airports would be 
required to comply with the requirements of this revised section.
    Existing Sec. 139.319 would be revised to reflect current rescue 
and firefighting practices. Also, it would address a petition for 
rulemaking made by the Air Transport Association of America (ATA). As 
the result of these proposed changes, many existing paragraphs would be 
given new paragraph designations and titles to ensure a consistent 
format throughout the section.
    Specifically, existing paragraph (g) would be moved to new 
paragraph (l) and titled ``Methods and procedures.'' This change would 
ensure that all references to compliance methods and procedures are 
consistently located at the end of each section. All references to 
specific series numbers within the AC system would be deleted. Instead, 
this revised paragraph would make a general reference to the AC system.
    Several changes also would be made throughout new paragraph (h) 
(existing paragraph (i)) for clarity and to reflect changes in 
terminology used to describe fire extinguishing agents (see discussion 
of proposed Sec. 139.317).
    In addition, proposed paragraph (i) would contain existing 
requirements of paragraph (j), with several modifications. Language 
would be included in new Sec. 139.319(i)(2) to clarify that rescue and 
firefighting personnel must be trained before initial performance of 
duties and, at a minimum, must receive annual recurrency training.
    Also, the FAA proposes to clarify the frequency of training 
required for rescue and firefighting personnel. Many of the subject 
areas required under existing paragraph (j) (proposed new paragraph 
(i)) necessitate ongoing training, and ARFF personnel would not be 
expected to maintain currency with only a once-a-year course. Most ARFF 
organizations have a continuous training program

[[Page 38654]]

throughout the year. The FAA supports this continuous training approach 
and proposes a 12-month recurrent training requirement as the benchmark 
for the minimum training required.
    The FAA also proposes, in new paragraphs (i) and (j), to require 
the use of hazardous material guidance. In August 1990, the ATA 
petitioned the FAA to amend part 139 ARFF procedures related to 
hazardous materials incidents. In its petition, ATA expressed concern 
that without proper training and guidance, ARFF personnel could take 
incorrect action in response to a hazardous materials incident that 
might endanger both the emergency crews and the general public. At that 
time, ATA stated that ARFF crews were relying solely on hazardous 
materials emergency response guidance required to be carried aboard the 
aircraft.
    ATA recommended that Sec. 139.319 be amended to require ARFF crews 
to be equipped with, and trained in the use of, the North American 
Emergency Response Guidebook published by Transport Canada, U.S. 
Department of Transportation, and the Secretariat of Communications and 
Transportation of Mexico. The ATA stated that the guidebook would 
promote a better understanding of ground emergency response and 
alleviate the need for ARFF personnel to be solely dependent of on-
board information, which may or may not be available during an 
emergency, and may not be appropriate to a ground-based incident.
    In response, the FAA published a summary of the petition in the 
Federal Register (55 FR 39299, September 26, 1990), and received 14 
comments from airport operators, ATA and-ALPA. Most of the commenters 
agreed with the substance of the petition and recognized the value of 
providing ARFF personnel with guidance and training to properly respond 
to hazardous materials incidents. Several airport operators disagreed 
with ATA because many airports already equip ARFF personnel with the 
guidebook or provide similar information to ARFF personnel via a 
communication link. However, two airport operators expressed concern 
about requiring a specific document in part 139 that could become 
outdated and hamper existing hazardous materials emergency 
communication procedures already in place. Instead, these commenters 
preferred to focus such efforts on training.
    In light of information and data provided by ATA and airport 
operators, the FAA proposes to change existing paragraph (j)(2)(x) 
((proposed paragraph (i)(2)(x)), to revise the term ``aircraft cargo 
hazards'' to read ``hazardous materials/dangerous goods incidents.'' 
Similarly, new paragraph (j) would be added to this section prescribing 
a general requirement to equip aircraft rescue and firefighting 
vehicles with guidance for responding to hazardous materials/dangerous 
goods incident.
    The FAA is a proponent of the North American Emergency Response 
Guidebook and proposes to require its use. This guidebook was developed 
jointly by the governments of Canada, Mexico, and the United States for 
use by fire fighters, police and other emergency services personnel who 
may be the first to arrive at the scene of a transportation incident 
involving hazardous materials or dangerous goods. The guidebook should 
be used by first responders to quickly identify the specific or generic 
hazards of the material(s) involved in the incident, and to protect 
themselves and the general public during the initial response phase of 
the incident. Other guidance material also may be needed.
    While new paragraph (j) specifies the use of the North American 
Emergency Response Guidebook, it also would allow airport operators the 
flexibility to use other guidance material and to make such information 
available via direct communications links to ARFF personnel at the site 
of the incident (e.g., cellular telephone, radio, and other 
communication links).
    New paragraph (i)(4) would impose requirements for emergency 
medical care training similar to existing requirements. The term 
``emergency medical care'' would be amended to read ``emergency medical 
services.'' This change in terminology reflects current terminology 
used by the emergency response community. Further, it is proposed that 
emergency medical requirements be expanded to specify initial and 
recurrent training to eliminate any confusion over the frequency of 
such training.
    Proposed paragraph (i)(5) would be a new requirement for the 
certificate holder to maintain records for two years from the date of 
any training given to meet the requirements of proposed Sec. 139.319. 
Such records would, at a minimum, specify the type and date of 
training. To document compliance with this section, airport certificate 
holders already maintain these records and the FAA proposes to 
formalize this practice.
    Similar to proposed Sec. 139.317(l), new paragraph (m), titled 
``Implementation,'' would specify a compliance date with airports that 
would be required for the first time to comply with the standards of 
this section (proposed Class II, III, and IV airports). The proposed 
compliance date allows these airports adequate time to acquire funding 
for, and purchase of, ARFF equipment and hire/train personnel. The FAA 
anticipates that approximately 110 airports (both certificated and non-
certificated) would have to obtain additional equipment and personnel. 
Two years should be adequate time to secure Federal and local funds to 
purchase equipment and hire and train personnel. The FAA would consider 
a time extension for airports unable to comply within this 2-year 
timeframe.
Section 139.321  Aircraft Rescue and Firefighting: Exemptions
    Existing Sec. 139.321, Handling and storing of hazardous substances 
and materials, would be redesignated as Sec. 139.323. Proposed 
Sec. 139.321 is new and would establish procedures for certain airport 
certificate holders to request an exemption from the ARFF requirements 
of proposed Secs. 139.317 and 139.319. This section would also detail 
what the FAA would consider in deciding to grant an exemption from the 
ARFF requirements. As proposed, the FAA could exercise its statutory 
authority to exempt certain airport certificate holders from the 
prescribed ARFF requirements. Through this statutory exemption, the FAA 
would maintain the necessary oversight of ARFF while ensuring that the 
ARFF requirements are appropriate for the airport size and type of air 
carrier operations.
    Proposed paragraph (a) would establish that the certificate holder 
of an airport that meets the qualifications for an exemption, as 
specified in proposed Sec. 139.111, may petition the Associate 
Administrator for Airports (as delegated by the Administrator) for an 
exemption to the ARFF requirements of proposed Secs. 139.317 and 
139.319. Specifically, the airport certificate holder would have to 
demonstrate that the ARFF requirement it is seeking exemption from 
would be unreasonably costly, burdensome, or impractical.
    Proposed (b) would set forth procedures a certificate holder must 
take to request an exemption, including the information that must be 
included in the petition, i.e., the nature and extent of relief sought, 
and any alternative means of compliance.
    Proposed paragraph (c) would establish criteria the FAA would use 
to grant exemptions on a case-by-case basis. As noted in the discussion 
of alternatives, any exemption would not relieve an airport certificate 
holder from its obligation to provide some level of ARFF coverage. All 
certificated airports would be required to provide ARFF coverage.

[[Page 38655]]

    Proposed Sec. 139.321(c) requires the certificate holder to submit 
a petition requesting relief from the requirements of Secs. 139.317 and 
139.319 that shows an equivalent level of safety would be provided 
during air carrier operations in response to aircraft emergencies. This 
would include provisions made by the certificate holder for prearranged 
firefighting and medical response, equipment and fire extinguishing 
agents to be used, and training of firefighting and medical responders. 
Also, this section specifies that the certificate holder will arrange 
for such emergency equipment and personnel to be on-airport 15 minutes 
before and 15 minutes after an air carrier aircraft takes off or lands. 
This should not be interpreted to mean that such pre-arranged ARFF 
services would necessarily be required to be stationed at the airport 
or wait on-airport during extended periods between flights.
    Of approximately 570 civilian airports currently certificated under 
part 139, operators of approximately 500 of these airports would be 
eligible to petition for an exemption under this new section (as they 
have less than one quarter of one percent of the total number of annual 
passenger enplanements). The operators of the estimated 40 airports 
that could be newly certificated (proposed Class III airports), if this 
proposal is adopted, would be eligible to petition for an exemption 
from ARFF requirements as well. The FAA does not anticipate that all 
eligible certificate holders would apply for an exemption under this 
new section.
    The FAA expects that most requests for an exemption would be made 
by airports that would have to provide more frequent ARFF services, 
such as some proposed Class I, as well as Class II and III airports. An 
analysis of existing ARFF services at these airports revealed that 
approximately 110 of these airports (approximately 50 Class I, 30 Class 
II, and 30 Class III airports) would require additional equipment or 
personnel to comply with proposed ARFF requirements (see discussion of 
ARFF costs in the Regulatory Evaluation section). To minimize 
disruptions at such airports, certificate holders at these facilities 
would have two years to comply with proposed changes to ARFF 
requirements. During this time, a certificate holder could choose to 
comply with these new requirements or request an exemption. Airport 
operators currently holding a ``limited'' certificate could request an 
exemption based on the currently approved ARFF response for their 
airport.
    The FAA requests comments on this exemption process, including 
economic and operational data that would assist the FAA in evaluating 
the effectiveness of this process.
Section 139.323  Handling and Storing of Hazardous Substances and 
Materials
    In this proposal, existing Sec. 139.321, would be redesignated as 
proposed Sec. 139.323. Existing Sec. 139.321 requires certain airport 
operators to establish and implement procedures for the safe storage 
and handling of aviation fuel, lubricants, and oxygen, and when acting 
as a cargo agent, hazardous materials regulated under 49 CFR 171. This 
section also requires the certificate holder to conduct quarterly 
inspections of certain fueling agents. Generally, this proposal would 
not change these requirements.
    Changes are proposed to existing paragraphs (b), (c), (h), and (i) 
of this section, as described below. All proposed airport 
classifications would be required to comply with the requirements of 
this revised section.
    Airport operators that currently serve scheduled operations of 
large air carrier aircraft (proposed Class I airports) would continue 
to comply with existing Sec. 139.321. Operators of airports holding an 
LAOC (proposed Class II and IV airports) would be required to update 
existing procedures for the storage and handling of hazardous materials 
required under existing Sec. 139.213 to ensure their existing 
procedures meet the standards. Also, operators of proposed Class III 
airports would be required for the first time to develop and implement 
procedures for the storage and handling of hazardous materials. 
Depending on the local fire code, some operators of proposed Class III 
airports may have already developed such procedures and would need only 
to document such procedures in their ACM.
    The majority of the ARAC Commuter Airport Certification Working 
Group recommended that airports serving small air carrier aircraft not 
be required to comply with this section. The working group expressed a 
need for such procedures, but noted most airport operators already have 
procedures that appear to be adequate for storing and handling 
hazardous materials at smaller facilities. Instead, the majority 
recommended that smaller facilities meet local fire codes pertaining to 
storage and handling of hazardous substances and materials, including 
aircraft fuel. The majority stated that this approach would adequately 
address preparedness and safety issues without being overly burdensome.
    Representatives of the National Air Transportation Association 
(NATA) and ALPA disagreed with the majority position, and recommended 
that the FAA require airports serving small air carrier aircraft to 
comply with requirements of the existing section. ALPA raised concerns 
that local fire codes may not adequately address aircraft storage and 
refueling operations, and noted the working group's economic analysis 
found compliance with this section would not create an economic burden.
    The FAA has determined that the requirements of this section are 
common safety measures and would not be unduly burdensome. Moreover, 
these standards were developed as a result of a cooperative effort 
between the FAA, airport operators, and FBO's, and have been 
successfully used for the past several years by airport operators and 
aircraft fuelers nationwide.
    The FAA proposes to delete the term ``grounded'' from paragraph 
(b)(1). This paragraph would then correspond with the NFPA Standard 
407, titled ``Standard for Aircraft Fueling Servicing.'' The NFPA 
standard recommends that only bonding should be used during aircraft 
fueling or refueler loading.\3\ The FAA actively participates in 
development of NFPA codes and standards related to aviation fueling.
---------------------------------------------------------------------------

    \3\ NFPA 407--Standard for Aircraft Fuel Servicing, National 
Fire Protection Association, 1996 Edition.
---------------------------------------------------------------------------

    The terms ``grounding'' and ``bonding'' describe methods to 
dissipate electrostatic charges created when aviation fuels pass 
through pumps, filters, and piping, and may consequently ignite fuel. 
Bonding is a procedure that provides a conductive path to equalize the 
potential electrostatic differential between fueling equipment and 
aircraft. Bonding is accomplished by connecting a cable between the 
fueling equipment and the aircraft. Alternatively, grounding attempts 
to reroute and dissipate potential charges into the ground by 
connecting the aircraft by a cable to a static wire, typically a rod in 
the ground.
    The FAA concurs with NFPA 407 as testing has shown that most 
grounding provides little, if any, protection from electrostatic 
hazards. In addition to corrosion of rods in the ground, grounding 
points may have high electrical resistance. The static wire may not be 
sufficient to carry the potential current and, if the wire fuses, may 
actually constitute a source of ignition.
    Since 1990, the FAA has encouraged the use of bonding in aircraft 
fueling, fuel delivery and hydrant servicing. The

[[Page 38656]]

FAA Office of Airport Safety and Standards has issued two informational 
notices, known as ``CERTALERTS,'' to alert FAA inspectors and airport 
operators to changes in grounding and bonding. ``CERTALERTS'' are 
advisory in nature and are issued periodically to provide timely 
information to certificate holders on a broad range of safety and 
airport certification related subjects. Subsequent to the issuance of 
NFPA 407, the FAA issued CERTALERT #91-06 (September 18, 1991) and 
CERTALERT #90-08 (November 7, 1990) urging the use of bonding only, and 
suggesting design requirements for the procedure. The FAA proposes to 
use this rulemaking action to codify this recommended practice.
    In addition, paragraph (b)(6) would be modified to delete an 
implementation date that has already passed. In its place, a new 
requirement is proposed that would require operators of proposed Class 
III airports to complete specified training within one year.
    Existing paragraph (e) would be modified to include requirements 
for annual recurrency training for fueling agent supervisors and 
employees. This is in response to requests by airport operators for 
clarification on frequency training. This requirement would be similar 
to recurrency training requirements proposed for other airport 
personnel (see discussion of Sec. 139.319, Aircraft rescue and 
firefighting: Operational requirements) and training currently used by 
fueling agents. Most fueling agents work directly for, or indirectly 
represent, large fuel or aircraft service companies that have 
established safety programs that require periodic recurrency training.
    Proposed changes to existing Sec. 139.321(h) would clarify the 
certificate holder's responsibility for fuel storage areas owned or 
operated by tenant air carriers. Paragraph (h) currently exempts the 
certificate holder from overseeing part 121 or 135 air carrier fueling 
operations to ensure compliance with requirements of Sec. 139.321. 
However, there are no equivalent requirements under parts 121 and 135 
directing air carriers to inspect and maintain their fuel storage 
areas, as is required of airport operators under part 139. Sections 
121.135 and 135.23 only address refueling aircraft and fuel quality.
    On November 25, 1990, a fire erupted at a fuel storage and 
dispensing facility about 1.8 miles from the main terminal of Stapleton 
International Airport in Denver, Colorado. The fire was extensive, 
burning for 49 hours, and required a total of 634 firefighters, 47 fire 
units, and 4 contract personnel. More than 56 million gallons of water 
and 28,000 gallons of foam concentrate were expended to extinguish the 
fire. No injuries or fatalities occurred as a result of the fire.\4\
---------------------------------------------------------------------------

    \4\ Aviation Accident Report--Fuel Farm Fire at Stapleton 
International Airport, Denver, Colorado, November 25, 1990: NTSB 
AAR-91/07, National Transportation Safety Board, October 1, 1991.
---------------------------------------------------------------------------

    The NTSB investigation concluded that the probable cause of this 
accident was damaged pumping equipment resulting in leakage and 
ignition of fuel. The NTSB also concluded that a similar incident could 
be avoided if airport certificate holders were responsible for 
inspecting all fuel storage areas on the airport, including air carrier 
facilities.
    The FAA concurs with this recommendation and proposes to delete 
existing paragraph (h) to avoid any possible confusion over who is 
responsible for maintaining and inspection fuel storage areas used by 
part 121 and 135 air carriers. Subsequently, existing paragraph (i) 
would become new paragraph (h). As proposed, new paragraph (h) would 
specify that the requirements of Sec. 139.321 are applicable to air 
carrier fuel storage areas located on the airport. Existing paragraph 
(c) also would be amended to remove references to existing paragraph 
(h).
    In addition, existing paragraph (i) (new paragraph (h)) would be 
revised to delete references to the specific series number within the 
AC system. Instead, this revised paragraph would make a general 
reference to the AC system.
Section 139.325  Traffic and Wind Direction Indicators
    Under this proposal, the requirements of existing Sec. 139.323 
would be moved to proposed Sec. 139.325. Existing Sec. 139.323 
prescribes conditions that require certificate holders to provide a 
wind cone and a traffic pattern indicator, and the standards for these 
devices. All proposed airport classifications would be required to 
comply with this proposed section.
    Changes are proposed to clarify that airport operators must comply 
with the requirements of this section in a manner satisfactory to the 
FAA, and that the available AC's contain some methods of compliance 
that are acceptable to the Administrator. In addition, this proposal 
would revise standards for segmented circles and supplemental wind 
cones.
    Existing Sec. 139.323 requires airport certificate holders serving 
scheduled operations of large air carrier aircraft (proposed Class I 
airports) to provide traffic and wind indicators (such as windsocks) at 
specific locations on the airport. In addition, certain night and 
uncontrolled traffic operations require traffic and wind indicators. 
This requirement would not change under this proposal. Airport 
certificate holders having a LAOC (proposed Class II and IV airports) 
and operators of proposed Class III airports would need to comply with 
standards of this revised section.
    Further, all certificate holders would be required to install 
supplemental wind cones adjacent to runway ends where the primary wind 
cone is not visible to a pilot on final approach or during takeoff. The 
existing standard only requires the use of supplemental wind cones if 
the airport is located in Class B airspace. Installation of 
supplemental wind cones would ensure current wind direction information 
is available to all pilots rather than just those using longer runways 
of airports typical of Class B airspace. Longer runway distances may 
limit a pilot's ability to see a mid-field wind cone during takeoff or 
landing. Linking the current standard to Class B airspace has 
unintentionally excluded those smaller airports with longer runways, 
particularly those military bases that have recently converted to 
civilian use.
    Existing paragraph (b) also would be revised to update the standard 
for traffic indicators at airports without a control tower. Language 
proposed corresponds more closely to existing FAA guidance provided to 
pilots on visual indicators at airports without control towers. 
Specifically, the requirement for a segmented circle would be deleted 
and a new standard would be added for the location of landing strip and 
traffic pattern indicators.
    While many operators of airports serving scheduled operations of 
small air carrier aircraft already provide traffic and wind indicators, 
the FAA believes that requiring all certificated airports to comply 
with this section would ensure standardization.. This position was 
supported by the ARAC Commuter Airport Certification Working Group 
report.
Section 139.327  Airport Emergency Plan
    Existing Sec. 139.325 requires certain certificate holders to 
develop and implement an emergency plan and to conduct tests of this 
plan. The section also specifies what the emergency plan must contain. 
In this proposal, existing Sec. 139.325 would be moved to proposed 
Sec. 139.327 and revised to address all proposed airport 
classifications. Changes also would be made to emergency response 
requirements for

[[Page 38657]]

incidents involving fuel fires and hazardous materials.
    Airport certificate holders that currently serve scheduled 
operations of large air carrier aircraft (proposed Class I airports) 
must comply with existing requirements of Sec. 139.325 to develop, 
implement, and test an emergency plan. These requirements would be 
extended to airport certificate holders currently holding a LAOC 
(proposed Class II and IV airports) and proposed Class III airport 
operators.
    Airport certificate holders currently required to have an airport 
emergency plan must periodically test their plan. Specifically, these 
airport operators are required to conduct a disaster drill (know as a 
full-scale airport emergency plan exercise) every three years to test 
the validity of their emergency plan. A full-scale airport emergency 
plan exercise is a mock airport disaster staged to test and practice 
airport emergency procedures. In such exercises, the airport operator 
typically involves all mutual aid participants (local hospitals, 
police, fire departments, etc.), emergency vehicles and other 
equipment, and airport personnel and tenants, as specified in the 
airport emergency plan. The exercise usually is an all day event 
culminating several months of preparation, and is conducted using 
airport resources and support from the local community.
    In the years in between the full-scale exercise, airport 
certificate holders are required to review their emergency plans to 
ensure procedures are still current and all parties involved know their 
responsibilities. The testing requirements for airports serving 
scheduled operations of large air carrier aircraft (proposed Class I 
airports) would not change as a result of this proposal.
    Operators of proposed Class II, III, and IV airports would be 
required to annually review their emergency plan to ensure procedures 
are current and all parties involved know their responsibilities. These 
operators would not be required to conduct full-scale emergency 
exercises. Many of the communities that own and operate such facilities 
are small and have very limited resources. However, the FAA encourages 
these airports to work with their communities to develop feasible 
disaster drills.
    The annual review, often referred to as a ``table-top'' exercise, 
would involve the airport meeting with responsible parties around a map 
of the airport to discuss possible emergency scenarios. The review is a 
reasonable requirement for airports serving small air carrier scheduled 
operations, and will ensure emergency procedures remain current without 
being unduly burdensome.
    The ARAC Commuter Airport Certification Working Group recommends 
this approach to emergency preparedness in its report. The report 
states the cost of a full scale airport emergency plan exercise could 
be overly burdensome for airports serving small air carrier aircraft, 
and supported the use of table top exercises only. The report also 
recommended that such tabletop exercises include a field tour, 
identification of emergency staging areas, and perimeter security 
requirements to control access to and from disaster areas.
    Other requirements throughout this section also would be modified. 
Existing paragraph (a) would be revised to clarify that the airport 
emergency plan provide for response to an emergency involving the 
largest air carrier aircraft serving the airport. While this 
requirement is currently found in existing paragraphs that address 
medical services and water rescue (paragraphs (c) and (f)), it has 
always applied to the entire section. To ensure that all applicable 
response measures accommodate the largest air carrier aircraft serving 
an airport, the FAA proposes moving this requirement to paragraph (a).
    In response to an NTSB recommendation, the FAA proposes that 
existing paragraph (b) be modified to require certificate holders to 
include in the airport emergency plan instructions for response to 
fires at fuel farms or fuel storage areas.
    In its investigation of the Denver fuel farm fire (see discussion 
of proposed Sec. 139.323, Handling and storing of hazardous substances 
and materials), the NTSB found that while airport firefighters and the 
Denver Fire Department promptly responded to the fire, they were unable 
to maintain a continuous flow of foam onto the fire, and the fire 
reignited and quickly intensified. The NTSB concluded that the airport 
and local firefighters did not have, nor could they have been expected 
to have, a sufficient supply of foam concentrate to fight a fuel fire 
of this magnitude. However, the City of Denver and its fire department 
had not developed a contingency plan for a fire of this type, and 
eventually a private contractor that specialized in large-scale fuel 
fires was brought in to extinguish the fire. Arrangements for this 
private contractor were made only after a tenant air carrier became 
concerned that its tanks, neighboring those burning, would be 
damaged.\5\
---------------------------------------------------------------------------

    \5\ Ibid, pg. 53.
---------------------------------------------------------------------------

    The NTSB determined this lack of procedures for responding to a 
fuel storage fire of this magnitude prolonged the duration of the 
emergency. The NTSB recommended that the FAA require part 139 
certificate holders to have contingency plans for fighting very large 
fires such as fuel storage area fires. The FAA concurs with this 
recommendation and proposes to modify existing paragraph (b) to require 
certificate holders to include in the airport emergency plan 
instructions for response to fires at fuel farms or fuel storage areas.
    Existing paragraph (b)(5), proposed paragraph (b)(6), would also be 
amended to reflect more current terminology. The term ``radiological'' 
would be replaced with the term ``hazardous materials/dangerous 
goods.'' This term would better reflect the type of incidents airports 
need to be prepared for, including incidents involving corrosive, 
biological, explosive, radioactive, or toxic air cargo or ground 
freight. This change also addresses the ATA petition for rulemaking 
regarding hazardous materials/dangerous goods incident guidance (see 
the discussion under proposed Sec. 139.319).
    Additionally, existing paragraph (d)(3) would be modified to 
include the new term ``notification.'' The revised section would allow 
airport operators to use either an alarm system or a notification 
system to announce an emergency. The ARAC Commuter Working Group report 
noted that smaller airports required to have an emergency plan may not 
have the resources to implement a sophisticated, automated alarm system 
used by many larger facilities. Instead, these smaller airports may use 
a notification system that is as simple as a series of telephone calls 
to summon emergency response. The requirement would ensure that an 
adequate system is in place, and periodically tested. Each airport 
would determine the type of system that best meets its needs.
    Existing paragraph (g)(5) would be moved to new paragraph (h) and 
existing paragraph (h), prescribing acceptable methods and procedures, 
would become new paragraph (i). New paragraph (h) would prescribe the 
requirement for, and the frequency of, full-scale airport emergency 
plan exercises, as described earlier.
    Requirements in paragraphs (d) and (f) that relate to water rescue 
situations and coordination with control towers would be clarified to 
apply only to those airports with water on or adjacent to the airport, 
or with a control tower.
    New paragraph (j) would allow certificate holders of proposed Class 
II,

[[Page 38658]]

III, and IV airports one year from the effective date of the rule to 
submit their emergency plans to the FAA for approval. Even though the 
FAA provides guidance materials to aid in the development of an airport 
emergency plan, the process will require coordination and cooperation 
with the surrounding communities and may be a time consuming process.
Section 139.329  Self-Inspection Program
    Existing Sec. 139.327 requires certificate holders to conduct daily 
inspections of the movement area to ensure the airport remains in 
compliance with part 139. This section specifies additional conditions 
that require inspections. Also, the certificate holder is required to 
have a system to notify air carriers of field conditions and a 
recordkeeping system to document inspections.
    In this proposal, existing Sec. 139.327 would be redesignated as 
proposed Sec. 139.329 and revised to address training requirements for 
individuals conducting airport inspections. Language also would be 
added to permit airport inspections to be conducted by individuals 
other than employees of the airport operator. All proposed airport 
classes would be required to comply with this revised section.
    The proposed changes to existing Sec. 139.327 will assist existing 
and new airport certificate holders in understanding their 
responsibilities to inspect their facilities. As a consequence, airport 
operators already required to have a self-inspection program under 
existing Sec. 139.205 would need to modify their inspection program.
    Operators of airports that currently serve scheduled operations of 
large air carrier aircraft (proposed Class I airports) must continue to 
comply with the requirements of this section, and would be required to 
modify their inspection program. Airport certificate holders holding an 
existing LAOC (proposed Class II and IV airports) would be required to 
update existing self-inspection programs. In addition, operators of 
proposed Class III airports would be required to develop and implement 
an self-inspection program.
    Existing paragraph (a) would be amended to allow airport operators 
to designate individuals of their choice to conduct inspections as long 
as the individuals meet the requirements of this section. For example, 
the proposed change would allow the airport operator to designate an 
individual other than airport personnel, such as air carrier station 
personnel or an employee of an FBO, to conduct required inspections 
when airport personnel are not present during hours of scheduled 
operations. A similar proposal was recommended by the ARAC Commuter 
Airport Certification Working Group to permit airports serving 
scheduled operations of small air carrier aircraft to designate 
inspection responsibilities.
    This proposal could reduce labor costs associated with personnel 
working overtime or the need to hire additional employees to cover 
early morning or late evening operations, particularly when tenant 
employees will be present during these hours of operation. However, the 
certificate holder would be responsible for ensuring that inspections 
are done correctly, and that individuals conducting inspections are 
qualified to perform the duties associated with the inspection.
    Personnel requirements of existing paragraph (b) would be enhanced 
to require that personnel meet the requirements of proposed 
Sec. 139.303, Personnel, and to be trained in specific topics, 
including airport familiarization and discrepancy reporting procedures. 
This change is necessary to ensure that certificate holders are using 
qualified individuals to conduct airport inspections, particularly in 
light of the proposal to use designees to perform this function.
Section 139.331  Ground Vehicles
    Under this proposal, the requirements of existing Sec. 139.329 
would not be changed but the section would be redesignated as proposed 
Sec. 139.331. Existing Sec. 139.329 requires the certificate holder to 
limit access to movement areas to those ground vehicles necessary for 
airport operations. This section also requires the certificate holder 
to ensure that employees, tenants, or contractors who operate ground 
vehicles in the movement area are familiar with established ground 
vehicle operating procedures. Currently, operators of airports 
certificated to serve scheduled operations of large air carrier 
operations must comply with existing Sec. 139.329.
    Minor modifications are proposed to clarify that the requirements 
of this section are implemented in a manner satisfactory to the FAA. 
All certificated airports serving scheduled air carrier operations 
(proposed Class I, II, and III airports) would be required to comply 
with this revised section.
    Except for representatives of the National Air Transportation 
Association (NATA) and ALPA, the ARAC Commuter Airport Certification 
Working Group report recommended that operators of airports serving 
scheduled operations of small air carrier aircraft be required to 
comply only with training and reporting measures of paragraphs (e) and 
(f) of this section. The working group noted the importance of 
familiarization with proper vehicle safety procedures; however, the 
majority of the group was concerned that other requirements of this 
section would be operationally or economically excessive for the 
limited number of scheduled air carrier operations at these airports.
    The working group also noted that many of these airports do not 
have towers, and therefore do not warrant extensive ground vehicle 
requirements contained in this section. The FAA disagrees with this 
position. While existing Sec. 139.329(c) requires the use of two-way 
radios, escort vehicles, and specialized procedures when radios are 
inoperative, these measures are only applicable at airports where an 
air traffic control tower is operational. Further, operators of 
airports with FAA control towers enter into a letter of agreement with 
FAA Air Traffic Control that requires ground vehicle procedures in 
movement areas. Operators of most affected airports already work with 
their tenants to implement such procedures.
    Also, standards have been developed for the consistent application 
of this section as a result of a cooperative effort between the FAA, 
airport operators, and FBO's. These standards have been successfully 
used for the past several years, and should continue in a manner that 
is already well understood and, in most cases, used by airport 
operators and their tenants nationwide.
Section 139.333  Obstructions and Section 139.335  Protection of 
Navaids
    In this proposal, the requirements of existing Secs. 139.331 and 
139.333 would remain substantially unchanged but would be redesignated 
as proposed Secs. 139.333 and 139.335, respectively. These sections 
specify standards for obstructions, and the protection of navigational 
aids.
    Clarifications are proposed that state that the requirements of 
this section must be implemented in a manner satisfactory to the FAA, 
and that the AC's contain some methods of compliance that are 
acceptable to the Administrator. All certificated airports serving 
scheduled air carrier operations (proposed Class I, II, and III 
airports) would be required to comply with these revised sections.
    Existing Sec. 139.331 (proposed Sec. 139. 333) requires certificate 
holders to ensure that each object within its area of authority that 
penetrates imaginary surfaces, as provided in part 77, Objects 
Affecting Navigable Airspace, is

[[Page 38659]]

removed, marked, or lighted. Existing Sec. 139.333 (proposed 
Sec. 139.335) requires the certificate holder to protect against the 
derogation of electronic or visual navigational equipment (navaids) and 
air traffic control facilities located on the airport. This includes 
protection against vandalism, theft and construction that may cause 
interference.
    Both the FAA and the ARAC Working Group agree that airports serving 
scheduled operations of small air carrier aircraft should meet these 
requirements. Many of these airports already provide for the removal or 
marking of obstacles, and have procedures in place to protect navaids. 
This minimizes disruption of aircraft operations and limits liability.
Section 139.337  Public Protection
    Under this proposal, the requirements of existing Sec. 139.335, 
would not be changed but the section would be moved to proposed 
Sec. 139.337. Existing Sec. 139.335 requires certificate holders to 
prevent the inadvertent entry of persons or vehicles to the movement 
area, and to provide reasonable protection of persons and property for 
aircraft blast. All certificated airports serving scheduled air carrier 
operations would be required to comply with this section. This would 
include proposed Class I, II, and III airports.
    This section would continue to require the airport certificate 
holders to provide safeguards to prevent inadvertent entry to movement 
areas by unauthorized persons or vehicles, and to protect persons and 
property from aircraft blast. While airports serving scheduled 
operations of small air carrier aircraft typically already provide the 
public protection required by this section, the FAA wants to ensure a 
standard minimum level of public protection at all airports serving 
scheduled air carrier operations.
    The ARAC Commuter Airport Certification Working Group also 
recommended that airport certificate holders provide protection from 
inadvertent entry and from aircraft blast as required by this section, 
with the exception of existing Sec. 139.335(b). The working group 
suggested that Sec. 139.335(b), referencing security fencing 
requirements, be deleted. This section is applicable to all airports 
serving scheduled air carrier operations, including those airports that 
must also comply with 14 CFR 107, Airport Security. The FAA proposes to 
leave paragraph (b) unchanged because it achieves the goal of 
preventing inadvertent entry.
Section 139.339  Wildlife Hazard Management
    The FAA proposes to move the requirements of existing Sec. 139.337, 
to proposed Sec. 139.339. Existing Sec. 139.337 establishes criteria 
for when a certificate holder is required to develop and implement a 
wildlife hazard management plan. This section specifies what this plan 
must include, and the action the certificate holder must take to 
respond to wildlife hazards.
    This proposed section would update the terminology and to clarify 
what is expected of the certificate holder when developing a wildlife 
hazard management plan. All operators of certificated airports serving 
scheduled air carrier operations would be required to comply with this 
section. This would include proposed Class I, II, and III airports.
    Some operators of proposed Class II and III airports would be 
required under proposed Sec. 139.339 to conduct a wildlife hazard 
assessment, and formulate and implement a wildlife hazard management 
plan. Thus, the FAA proposes to change existing wildlife hazard 
management requirements to assist airport operators that would be 
complying with these requirements for the first time to better 
understand their responsibilities. As a consequence, airport 
certificate holders already required to comply with these requirements 
(proposed Class I airports) would need to make minor modifications to 
their airport wildlife hazard management plan.
    If this proposal is adopted, existing paragraph (f) would be moved 
to the beginning of this section and become new paragraph (a). The 
requirement that an airport operator take immediate action to alleviate 
wildlife hazards would not change. Rather, the FAA proposes to 
reemphasis the importance of this requirement. Existing paragraph (a) 
would become new paragraph (b) and all other paragraph designations 
would be changed accordingly.
    In proposed paragraph (b) (existing paragraph (a)), the term 
``ecological study'' would be changed to ``wildlife hazard assessment'' 
to reflect more accurately the type of wildlife evaluation required to 
be conducted at airports.
    Paragraph (c) would be amended to clarify that the wildlife hazard 
assessment must be conducted by a ``qualified wildlife damage 
management biologist.'' The FAA has determined that the potential for 
loss of life and equipment resulting from wildlife aircraft strikes 
requires the conduct of hazard assessments by persons having the 
education, training, and experience in wildlife hazard assessments. 
This new term is used throughout the revised section. The term 
``circumstances'' would be added to paragraph (c)(1) to specify that an 
assessment must contain either the event, such as an actual aircraft 
strike, or the circumstances, e.g., frequent sighting of deer crossing 
runways, prompting the assessment. Also, new paragraph (c)(5) would be 
added to require the airport certificate holder to include in the 
wildlife hazard assessment the recommended actions from the qualified 
wildlife damage management biologist for reducing the wildlife hazard.
    Several modifications would be made to proposed paragraph (d) to 
improve clarity. A new item would be added to the list of 
considerations contained in this paragraph used to determine a need for 
a wildlife hazard management plan. New paragraph (d)(2) specifies that 
the FAA would take into consideration any actions recommended by the 
wildlife hazard assessment in determining the need for a certificate 
holder to have a wildlife hazard management plan. The FAA would 
typically recommend a wildlife hazard management plan if actions to 
reduce wildlife hazards are recommended in the wildlife hazard 
assessment required by proposed paragraph (b) of this section.
    Proposed paragraphs (e)(1) and (e)(2) (existing paragraphs (d)(1) 
and (d)(2)) would be reordered for clarity, but the language remains 
the same. However, new paragraph (e)(3) would be added to clarify that 
the approved wildlife hazard management plan is part of the ACM. This 
would help assure that the certificate holder takes action to reduce 
wildlife hazards at its airport.
    Changes to improve clarity also are proposed for new paragraph (f) 
(existing paragraph (e)). This paragraph details what an airport 
certificate holder should include in a wildlife hazard management plan. 
In particular, the requirement for periodic reviews of the plan would 
be amended to require annual reviews. This is intended to remove any 
ambiguity as to when a review is needed.
    Existing paragraph (g) would be redesignated as new paragraph (h) 
and modified to delete references to specific AC series numbers. 
Instead, this revised paragraph would make a general reference to the 
AC system. New paragraph (h) would allow for some proposed Class II or 
III airports to implement less than full wildlife mitigation procedures 
where air carrier operations are so few or infrequent that any large 
expenditure would be unduly burdensome or costly.

[[Page 38660]]

Section 139.341  Airport Condition Reporting, and Section 139.343  
Identifying, Marking, and Reporting Construction and Other 
Unserviceable Areas
    As proposed, existing Secs. 139.339 and 139.341 would be moved to 
proposed Secs. 139.341 and 139.343, respectively. These sections 
require the certificate holder to report changed airfield conditions to 
air carriers, and prescribes standards for the marking and reporting of 
construction and other unserviceable areas of the airfield.
    The requirements of these sections would remain substantially the 
same. References to other section numbers and the term ``Airport 
Certification Specifications'' would be changed to reflect proposed 
certification changes. Minor clarifications also are proposed that the 
requirements of these sections must be met in a manner satisfactory to 
the FAA, and that the AC's contain some methods of compliance that are 
acceptable to the Administrator.
    Airports that currently serve scheduled and unscheduled operations 
of large air carrier aircraft (proposed Class I, II, and IV airports) 
would continue to have to comply with existing Sec. 139.339 
requirements as would operators of newly certificated proposed Class 
III airports. Existing Sec. 139.339 requires airport certificate 
holders to collect and disseminate information on the conditions of the 
airport, including any construction or maintenance activities, weather 
or animal hazards, and nonfunctional equipment and services. In most 
instances, this currently would require the certificate holder to use 
FAA's pilot notification system, the Notices to Airmen (NOTAM) System.
    Under this proposal, such condition reporting requirements would 
remain the same, except that the NOTAM system need only be used when 
appropriate. Since the current condition reporting requirement was 
incorporated into part 139, the NOTAM system has changed and some 
airport condition reports are no longer accepted into this system. 
Also, the term ``safety area'' would be added to paragraph (c)(2) to 
ensure that airport users are notified of irregularities in the safety 
area, in addition to those in the movement area, loading ramps, and 
parking areas.
    The ARAC Working Group report supports the requirement that 
airports serving scheduled operations of small air carrier aircraft 
meet the requirements of proposed Sec. 139.341 (existing Sec. 139.339). 
. Most of these airports already make use of the NOTAM system and have 
in place procedures to alert their users to airport conditions as well.
    Similarly, existing Sec. 139.341 (proposed Sec. 139.343) requires 
the airport certificate holder to report and mark any construction or 
unserviceable areas, and associated equipment that may create a hazard. 
The requirements of this section would remain unchanged, and all 
certificated airports serving scheduled air carrier operations would be 
required to comply with this section. This would include proposed Class 
I, II, and III airports.
    Again, many of these airports have procedures in place to mark or 
light construction areas and unserviceable areas, and as such, this 
section should not pose a burden. It would, however, ensure that 
airport operators comply with these safety practices in a consistent 
and regular manner.
Section 139.345  Noncomplying Conditions
    Existing Sec. 139.343 requires a certificate holder to restrict air 
carrier operations in those areas of the airport that have become 
unsafe and no longer comply with the requirements of subpart D of part 
139. Under this proposal, the requirements of this section would not be 
changed but the section would be redesignated as proposed Sec. 139.345.
    All proposed airport classifications would be required to comply 
with this section. This section should be applicable to all 
certificated airports to ensure that when an airport operator cannot 
meet the requirements of subpart D, as specified in its certification 
manual, action is taken to prevent air carriers from operating in those 
portions of the airport where possible unsafe conditions exist.
Section 121.590  Use of Certificated Land Airports
    Currently, Sec. 121.590 requires most air carriers conducting part 
121 operations to operate into part 139 certificated airports. 
Passenger-carrying operations with airplanes designed for less than 31 
passenger seats may operate into an airport that is not certificated 
under part 139, if the airport meets certain requirements of paragraph 
(b) of Sec. 121.590. An airport designated by an air carrier as an 
alternate airport need not be certificated under part 139.
    As proposed, existing Sec. 121.590 would be amended to conform to 
the proposed changes to part 139. While most air carriers under part 
121 would continue to be required to conduct their operations at 
airports certificated under part 139, provisions excepting certain air 
carrier operations from this requirement would be modified to 
correspond to proposed changes to part 139.
    Language has been added to paragraph (a) to clarify that in 
addition to conducting part 121 operations into an airport certificated 
under part 139, an air carrier must ensure that the airport is 
certificated to serve the particular airplane used for the operation. 
The size of air carrier aircraft that airports certificated under part 
139 are allowed to serve varies, depending upon how the airport is 
certificated. Thus, an airport certificated under part 139 to serve 
smaller air carrier aircraft, may not have adequate services to serve 
large air carrier aircraft, particularly emergency rescue services. 
This modification would ensure part 121 operations are being conducted 
only at airports that have appropriate safety measures and emergency 
services for the size of aircraft being used.
    A new paragraph (b) is proposed to address air carrier and 
commercial operations conducted into airports operated by the U.S. 
government. Existing paragraph (b) would be amended and would become 
new paragraph (c). New paragraph (b) would permit air carriers and 
commercial operators conducting part 121 operations to use U.S. 
government-operated airports. This change corresponds to proposed part 
139 revisions that clarify that airports operated by the U.S. 
government are not subject to part 139 (see discussion under Sec. 139.1 
Applicability). Thus, air carriers and commercial operators using these 
airports are not subject to Sec. 121.590(a), and may use a U.S. 
government-operated airport if such an airport meets the equivalent 
safety standards of those required under part 139, as approved by the 
FAA.
    While the FAA does not have the authority to certificate U.S. 
government-operated airports, it does have the authority under part 
121, as noted above, to require air carriers and commercial operators 
to conduct their operations into airports that meet appropriate safety 
standards. The FAA believes this is necessary to ensure that air 
carriers and commercial operators conducting part 121 operations meet 
the highest practicable level of safety while engaging in common 
carriage operations. However, proposed changes to part 139 could result 
in part 121 air carriers desiring to conduct operations into U.S. 
government-operated airports that are not certificated under part 139. 
New paragraph (b) would resolve this inconsistency and allow air 
carriers the flexibility to use these airports, if such facilities meet 
the equivalent safety

[[Page 38661]]

standards of those required under part 139.
    In addition, a new paragraph (c) is proposed to clarify that an air 
carrier or commercial operator conducting domestic and flag operations 
with turbojet powered airplanes designed for fewer than 10 passenger 
seats may operate into airports not certificated under part 139. This 
is a modification of the existing exception found in Sec. 121.590(b) 
for air carriers conducting passenger-carrying operations with 
airplanes designed for less than 31 passenger seats. The existing 
exception would be amended to correspond with proposed changes to part 
139 that would require the certification of airports serving certain 
air carrier aircraft with less than 30 seats. New paragraph (c) also 
would allow domestic and flag operations with airplanes designed for 
more than 9 and fewer than 31 passenger seats within the State of 
Alaska to operate into airports not certificated under part 139. This 
addition would correspond to the statute exception that airports in the 
State of Alaska serving such operations need not be certificated by the 
FAA. Both types of operations described in new paragraph (c) would be 
required to operate at airports that meet certain safety criteria (such 
as runway lighting and pavement appropriate for the type of aircraft 
used), as currently required under Sec. 121.590(b).
    Also, the term ``commercial operator'' would be added to this 
section to ensure that an intrastate operator certificated under part 
121 only operates into an airport that is appropriate for the 
operator's particular airplane and operation.

Implementation

    On publication of this NPRM, the public will have 90 days to submit 
comments on this proposal (see discussion under ``Comments Invited''). 
All comments received will be considered before the FAA takes action on 
the proposal. Should the FAA decide to proceed with this proposal, a 
final rule would be issued.
    In the final rule, the FAA prescribes a date that the rule becomes 
effective. The final rule may also specify other dates by which 
regulated parties must implement certain requirements. This is often 
the case when requirements necessitate that the regulated party secure 
funds, initiate construction, or procure and install equipment.
    Under the statutory authority the FAA to certificates airports 
serving scheduled operations of small air carrier aircraft including 
provisions for a congressional review of the final regulations 
concerning these airports before these regulations take effect. Title 
49 U.S.C. 44706(e) stipulates that any regulation pertaining to these 
airports ``shall not take effect until such regulation, and a report on 
the economic impact of the regulation on air service to the airports 
covered by the rule, has been submitted to Congress and 120 days have 
elapsed following the date of such submission.'' If a final rule 
results from this proposal, date of issuance, and any effective and 
implementation dates associated with this rule, would be adjusted 
accordingly to allow for the completion of this Congressional review.
    The FAA proposes to allow 90 days from the effective date of the 
rule for operators of proposed Class I airports currently holding an 
AOC to make the necessary changes to their ACM's (see proposed 
Sec. 139.101 General Requirements). These airports would be required to 
revise their manual to implement new recordkeeping and personnel 
training requirements. To a great extent, these airports already comply 
with these requirements and would need to document procedures already 
in place. The FAA believes that in such cases, additional time to 
procure funds and secure contracts for equipment or services would not 
be necessary.
    The FAA proposes to allow 240 days from the effective date of this 
amendment for operators of proposed Class II and III airports to 
submit, have approved, and implement an ACM (see proposed Sec. 139.101, 
General requirements.) This timeframe would apply to airports 
certificated for the first time (proposed Class III airports), and 
those airports holding an LOAC that would be required to have a Class 
II AOC as the result of this rulemaking.
    As operators of proposed Class II airports would be complying with 
the emergency plan requirement for the first time, the FAA proposes to 
allow these certificate holders one additional year to comply (see 
proposed Sec. 139.327(j)). Similarly, operators of proposed Class II 
airports will be allowed two years to comply with ARFF requirements 
(see proposed Sec. 139.321(b)). While proposed Class II airports 
already hold an LOAC and are required to provide some type of ARFF 
coverage, operators of proposed Class II airports still may need 
additional time to arrange ARFF coverage for small air carrier 
operations. These certificate holders may need to extend the ARFF 
coverage already provided for the unscheduled large air carrier 
aircraft operations or revamp their ARFF services.
    Operators of proposed Class II airports would not require 
additional time to comply with sign requirements. As they currently 
hold an LAOC, these facilities should already be in compliance with 
proposed sign requirements.
    The FAA recognizes that the coordination, funding, and procurement 
process associated with the proposed requirements for signs, ARFF, and 
airport emergency plans may require additional time for implementation 
at proposed Class III airports. Therefore, the FAA also proposes to 
allow operators of proposed Class III airports additional time beyond 
the effective date of the final rule to implement specific 
requirements, as follows:

1. Signs--3 years (proposed Sec. 139.311(b))
2. ARFF--2 years (proposed Sec. 139.321(b))
3. Airport --Emergency Plan--1 year (proposed Sec. 139.327(j))

    Additionally, the FAA proposes to allow 150 days for airport 
operators currently holding an LAOC that would be recategorized as 
Class IV airports to convert their current ACS into an ACM (see 
proposed Sec. 139.101, General requirements). While proposed Class IV 
airport operators would also have to implement new recordkeeping and 
personnel training requirements, to a great extent, these certificate 
holders already comply with recordkeeping and personnel training 
requirements and would need to document procedures already in place. In 
such cases, additional time to procure funds and secure contracts for 
equipment or services would not be necessary. However, the FAA proposes 
that operators of proposed Class IV airports be allowed an additional 
year beyond the effective date of the rule to submit an airport 
emergency plan for FAA approval (see proposed Sec. 139.327, Airport 
emergency plan).
    As the period of time from when a final rule is published to when 
it is effective could have a significant financial impact on affected 
airports, the FAA requests comments on possible implementation 
schedules. The FAA is specifically requesting comments on proposed 
compliance schedules discussed earlier. Comments and recommendations 
for alternative compliance dates should be supported by economic and 
operational statistics.

Alternatives Considered by the FAA

    As noted previously, this NPRM addresses two issues: (1) the 
revision of certain requirements of 14 CFR part 139, and (2) 
certification requirements of airports serving scheduled air carrier 
operations with 10-30 seat aircraft under 14 CFR part 139. Alternatives 
for each issue are addressed separately.

[[Page 38662]]

Issue I. Revision of 14 CFR Part 139

    The FAA is proposing to revise current part 139 to clarify and 
update several requirements to better reflect current industry 
practices and technology. For the most part, the FAA believes these 
revisions would only require already certificated airports to take 
administrative action to document existing operational procedures. The 
approximately 660 airport operators that currently hold a certificate 
under part 139 (those operators of airports serving air carrier 
operations with more than 30 seat aircraft) would be affected by this 
change.
    The FAA considered four alternatives to the revision of 14 CFR part 
139. These alternatives would affect all covered airports, including 
those considered to be small business entities (owned and operated by a 
municipality with less than 49,999 population). In analyzing these 
alternatives, the FAA addressed the concerns of airports of varying 
sizes and operations, including those classified as small business 
entities:
    (1) Amend administrative and definition sections of 14 CFR part 139 
to incorporate airports serving scheduled small air carrier operations 
into existing certification process; no changes to operational 
requirements.
    Under this alternative, required operational and safety measures of 
subpart D would remain unchanged. Only minor language changes to part 
139 would be proposed to incorporate a new category of airports. 
Applicability, definition and administrative sections of the existing 
rule would be amended to establish airport certification manual (ACM) 
and other administrative requirements for airports serving scheduled, 
small air carrier operations.
    While this approach would address proposed changes to part 139 
applicability section (inclusion of airports serving scheduled, small 
air carrier operations) and would be the least costly of the 
alternatives considered, it would not address the problem of out-dated 
operational requirements. The last major revision of part 139 occurred 
in November 1987, and since then, industry practices and technology 
have changed. The FAA believes airport resources would be better spent 
complying with requirements that reflect current industry practices and 
technology that help ensure safety.
    (2) In addition to amending administrative and definition sections 
of 14 CFR part 139, only revise those part 139 operational requirements 
that the FAA has received a formal request to amend.
    In addition to making administrative changes to part 139 to 
incorporate airports serving small air carrier aircraft, the FAA could 
address two requests for an amendment to part 139 operational 
requirements that require public notification and comment.
    Both the NTSB and the Air Transport Association of America (ATA) 
have formally requested that the FAA amend part 139 emergency response 
requirements. After the 1990 fuel farm fire at the Stapleton 
International Airport (Denver, CO), the NTSB recommended that the FAA 
require holders of airport operating certificates to be responsible for 
inspecting all fuel storage areas on the airport and have contingency 
plans for fighting large fires in fuel storage areas. In addition, the 
ATA petitioned the FAA in 1990 to amend part 139 aircraft rescue and 
firefighting (ARFF) procedures to require ARFF personnel to be equipped 
with, and trained in the use of, Federal guidance for emergency 
response to hazardous materials incidents.
    The FAA concurs with both of these recommendations. If this 
proposal is adopted, the FAA believes these changes would not pose a 
hardship on existing or newly certificated airports. In many cases, 
operators of covered airports already ensure that ARFF personnel are 
supplied with hazardous materials guidance. Further, developing and 
documenting procedures to ensure an adequate response to large fuel 
fires would require minimal administrative time for those airport 
operators that have not already documented such procedures. The FAA 
believes that these revisions would ensure airport operators comply 
with these safety practices in a consistent and regular manner.
    While this alternative would result in necessary improvements to 
airport emergency procedures and dispose of outstanding requests for 
rulemaking, it would not address other needed updates. To ensure 
safety, the FAA believes that additional revisions are necessary to 
reflect current operating and safety measures.
    (3) Require only newly certificated airports to comply with 
proposed amendments to part 139 operational requirements; 
``grandfather'' airports currently certificated and allow these 
facilities to continue to comply with existing operational 
requirements.
    Under this alternative, operators of airports newly certificated as 
the result of this rulemaking, and any airport operator that 
subsequently applies for an airport operating certificate, would be 
required to comply with all proposed revised operational requirements. 
This would not be the case for airport operators currently holding an 
AOC or a LAOC. These airport operators would only need to make a few 
administrative changes to their ACM or ACS, but would continue to 
comply with the operational requirements of Subpart D in the same 
manner as they currently do.
    While this approach could be a less costly means of revising part 
139, the FAA is opposed to establishing two sets of airport 
certification standards. The FAA believes that a single set of airport 
certification standards promotes the consistent application of safety 
measures and ensures a common and reliable operating environment at all 
airports. Similar to air traffic control procedures, if pilots and 
other airport users can come to expect the same facilities, procedures 
and equipment at every airport at which they operate, then many of the 
uncertainties and miscommunications that can cause accidents are no 
longer an issue.
    For this reason, the consistent application of specific measures 
from airport to airport that ensure safety is, and will remain, the 
primary objective of FAA's airport certification program. To achieve 
this goal, the FAA will continue to promote a single set of airport 
certification standards.
    (4) Update part 139 by revising administrative and operational 
requirements throughout the regulation; both airports that are 
currently certificated and those newly certificated under part 139 
would be required to comply with the revised requirements.
    Of all the alternatives considered for the revision of part 139, 
this alternative is the most comprehensive. Changes to both 
administrative and operational requirements would be made throughout 
the regulation, and all operators of airports certificated under part 
139 would be required to comply with the revised regulation. This would 
ensure a comparable level of safety at all covered airports.
    As noted earlier, the last major revision of part 139 occurred in 
1987, and since then, industry practices and technology have changed. 
Under this alternative, revisions would be made throughout the rule to 
incorporate such changes. In addition, the regulation would be amended 
to require additional airports to comply with an existing requirement 
that the FAA has found to be beneficial (for example, the requirement 
for airport emergency planning).
    While this comprehensive approach to the revision of part 139 could 
be the most costly alternative, granting relief to

[[Page 38663]]

smaller airports from certain operational requirements is still 
possible. Experience gained since the last revision of part 139 also 
has shown that certain safety measures that have proven successful at 
larger airports may be cost prohibitive at smaller facilities. Under 
this alternative, the FAA could propose relief in some instances where 
an operational requirement would prove to be an economic burden to 
smaller facilities. For example, the proposed rule could require an 
emergency plan for all covered airports, but not require that all 
airport operators conduct a full scale emergency exercise every three 
years. Instead, the revised rule could require such airport operators 
to document and review annually established emergency procedures.
    In addition to relief from certain operational requirements, 
compliance costs for smaller airports could be offset by Federal 
funding for many safety improvements and renovations that would assist 
these airports in complying with part 139 requirements. Likewise, such 
airport operators may share costs related to part 139 certification 
with airport users, e.g., air carriers, and can even choose not to be 
certificated under part 139. Part 139 is mandatory only if the airport 
operator chooses to serve air carrier operations.
    After considering the alternatives for the revision of part 139, 
the FAA determined that revising administrative and operational 
requirements, as discussed in Alternative #4, is necessary to ensure 
safety in air transportation at certificated airports.

Issue II. Certification of Airports Serving Scheduled Operations of Air 
Carrier Aircraft With 10-30 Passenger Seats

    The second component of this proposed rulemaking is the 
certification of airports that serve scheduled air carrier operations 
with 10-30 seat aircraft. While all of the proposed changes to part 139 
may potentially effect airports serving air carrier operations by small 
aircraft, the degree of regulatory oversight would depend on the level 
of operational and safety measures required.
    Studies conducted by the GAO, and recent recommendations of the 
NTSB, urged that the FAA be authorized to regulate airports serving air 
carriers using aircraft with 10 to 30 seats. This recommendation was 
not based upon the fact that these airports had a poor safety record 
(no category of airport has a poor safety record), but rather to 
provide, to the extent possible, a comparable level of safety at all 
airports used by air carriers.
    With the passage of the Federal Aviation Administration 
Reauthorization Act of 1996, section 44706, as noted earlier, Congress 
provided the FAA the necessary authority to certificate airports 
serving scheduled air carrier operations with 10 to 30 seat aircraft, 
except in the State of Alaska. This new authority is in addition to 
existing authority to regulate airports serving air carrier operations 
using aircraft with more than 30 seats.
    FAA's new authority to regulate airports serving smaller air 
carrier operations requires the agency to identify and consider a 
reasonable number of regulatory alternatives that are ``least costly, 
most cost-effective or the least burdensome.'' This must be done before 
the FAA selects the alternative that will provide a comparable level of 
safety at airports serving scheduled small air carrier aircraft as 
provided at currently certificated airports. Using these parameters, 
the FAA considered the following alternatives:
    (1) Maintain current regulatory oversight of airports serving air 
carriers operations with more than 30 seat aircraft; no certification 
requirements for airports only serving small air carrier aircraft.
    Under this alternative, the FAA would continue its current airport 
certification program under part 139 and would encourage non-
certificated airports to voluntarily comply with applicable part 139 
safety measures.
    Through its airport certification and capital improvement programs, 
the FAA has established a successful partnership with the airport 
community. This partnership furthers safety through consistent 
application of safety measures, and provides a forum to address 
national safety concerns and priorities. This effort has resulted in 
development of guidance and standards that are available to all airport 
operators and for which compliance with is often a condition of Federal 
grant agreements. Consequently, many airports serving scheduled air 
carrier operations with 10-30 seat aircraft voluntarily comply with 
these established guidance and standards.
    However, the degree to which non-certificated airports comply still 
varies. FAA inspections historically have shown that unless a benchmark 
for safety is set and enforced, inconsistent application of safety 
measures will occur due to a variety of factors. The most common 
problem is that many local communities owning and operating existing 
certificated airports provide the necessary resources to comply with 
only the mandatory regulatory requirements. Such resources are even 
harder to come by under a voluntary compliance program.
    While maintaining current airport certification criteria might be 
the least costly course of action, the FAA concurs with GAO and NTSB 
findings that certification of airports serving smaller air carriers is 
necessary to provide a comparable level of safety at all airports and 
ensure safety in air transportation. To achieve this comparable level 
of safety, the FAA believes it is necessary to create a standard set of 
requirements for all covered airports.
    (2) Require airports that are currently certificated under part 139 
to extend part 139 coverage to air carrier operations with 10-30 seat 
aircraft; no regulation of airports that serve only 10-30 seat 
aircraft.
    Many airports currently certificated under part 139 (airports 
serving air carrier operations with more than 30 seat aircraft) also 
serve scheduled air carrier operations with 10-30 seat aircraft. Under 
this option, operators of such airports would continue to meet part 139 
requirements as they do today. However, these airport operators also 
would be required to comply with part 139 requirements during scheduled 
air carrier operations with 10-30 seat aircraft as well.
    At larger airports, required part 139 safety measures are typically 
applied to all air carrier operations regardless of the number of 
passenger seats as varying types of air carrier operations occur 
throughout a 24-hour period. Thus, it is more convenient and economical 
to comply with part 139 requirements at all times. This is not always 
the case at smaller airports certificated under part 139. At such 
airports, large air carrier operations only occur during a certain 
portion of the day, or on an infrequent basis, and certain part 139 
safety requirements are in effect only during these operations. 
Approximately 225 currently certificated airports fall into this 
category.
    For example, aircraft rescue and firefighting (ARFF) coverage is 
required to be present on the airport only 15 minutes prior, and 15 
minutes after, certain air carrier operations (those with more than 30 
seat aircraft). Under this alternative, an airport operator that has 
arranged for the local fire department to come to its facility once a 
day to cover its single air carrier operations with more than 30 seat 
aircraft would have to arrange for additional ARFF coverage for air 
carrier operations using small aircraft. At airports serving small air 
carrier operations throughout the day, the frequency of required ARFF 
coverage may increase dramatically.

[[Page 38664]]

    While this alternative might be the least costly approach to 
regulating airports that serve scheduled air carrier operations with 
10-30 seat aircraft, it would not cover all airports serving scheduled 
air carrier operations of 10-30 seat aircraft. This option would only 
effect airports already certificated under part 139. The approximately 
40 airports (excluding airports in Alaska) that currently serve only 
scheduled air carrier operations with 10-30 seat aircraft would 
continue to be excluded from part 139 requirements.
    The FAA believes that a comparable level of safety and consistent 
regulatory oversight is necessary at all covered airports serving air 
carrier operations in small aircraft.
    (3) Extend the scope of part 139 to include all airports that serve 
scheduled air carrier operations with 10-30 seat aircraft; require 
airports that only serve scheduled small air carrier operations to 
comply with standards appropriate to the type of air carrier operation 
served.
    Part 139 safety and operational requirements can be conceptually 
divided into two categories-risk reduction requirements and accident 
mitigation requirements. Most part 139 requirements fall under the risk 
reduction category, as these requirements are intended to decrease the 
possibility of an accident by providing a safe and standardized 
operating environment. Such requirements include, but are not limited 
to, the marking, lighting, and maintenance of runways and taxiways; 
removal and marking of hazards in aircraft movement areas; and regular 
facility inspections.
    Conversely, accident mitigation requirements are intended to 
minimize the consequences of an aircraft accident. Requirements for 
aircraft rescue and firefighting and emergency planning are examples of 
accident mitigation requirements that are included in this category. 
(For a more detailed analysis of each specific risk reduction and 
accident mitigation standard, see the ``Section-by-Section Analysis'' 
Section.)
    For liability and safety reasons, many operators of airports 
serving scheduled operations of small air carrier aircraft already have 
in place risk reduction and accident mitigation measures. These 
measures have been in place for many years. As noted earlier, risk 
reduction requirements were developed jointly with the airport 
community, and are good general airport operating practices (e.g., 
providing a lighted wind direction indicator or erecting fences to keep 
the public and wildlife from aircraft movement areas).
    Further, airport operators that have accepted Federal funds are 
required by grant assurance agreements to comply with some of the risk 
reduction measures required part 139. Of the approximately 40 airports 
that could be newly certificated under this proposal, all but three 
have received Federal funds, totaling $178.5 million between 1982-1997. 
These funds were used for improvements such as runway pavement 
overlays, rehabilitation of runway and taxiway lighting, and purchase 
of snow removal equipment.
    Even with wide spread compliance, the FAA believes that all covered 
airports should be required to comply with part 139 risk reduction 
standards. The FAA believes that due to liability concerns and Federal 
funding obligations, compliance with part 139 risk reduction standards 
should not be a hardship on these airport operators. Requiring these 
airport operators to establish and document how they comply with risk 
reduction requirements in their ACM will achieve consistency in the 
daily application of such procedures, and ensure consistency during 
changes to airport personnel or management.
    While requiring operators of airports serving small air carrier 
aircraft to comply only with risk reduction measures could be a least 
costly regulatory approach, the FAA believes that some level of 
accident mitigation still is necessary to achieve a comparable level of 
safety at all airports. To save passenger lives and property, prevent 
injury to responding personnel and protect the traveling public from 
unsafe conditions, the FAA believes that airports serving air carriers 
should be adequately prepared to respond to aircraft accidents and 
other airport-specific emergencies.
    Since accident mitigation costs could have a significant economic 
effect on airports serving small air carrier aircraft, the FAA 
considered not requiring such measures. Certain equipment (such as ARFF 
trucks and buildings) used to comply with accident mitigation standards 
is eligible for Federal funds. However, operating costs such as 
personnel and maintenance would not be eligible for these funds. 
Consequently, accident mitigation standards could be the most costly 
for smaller airports. This is particularly true if ARFF coverage 
requires equipment and personnel to be on-site and in a ``ready'' 
status for more than an occasional air carrier operation.
    However, aircraft accidents present many unique circumstances that 
a community's regular emergency response may not be prepared for, and 
given some remote locations of airports, may not be able to respond to 
in a reasonable time frame. Aircraft fuel fires burn more intensively 
and quickly than other fires, and require specialized training, 
equipment and extinguishing agents that may not always be provided by a 
local fire department. Such incidents also may require emergency 
responders to be prepared for a large number of casualties and possible 
hazardous cargo.
    While this alternative promotes a minimum level of safety through 
consistent compliance with risk reduction requirements, the FAA 
believes that not all communities would place enough emphasis on 
accident mitigation measures to ensure safety in air transportation at 
all covered airports and that further measures are needed.
    (4) Amend part 139 to require all airports, regardless of size of 
air carrier aircraft and frequency of service, to comply with all 
required risk reduction and accident mitigation standards.
    Of all the alternatives considered for certification of airports 
serving small air carrier aircraft, this approach is the most 
comprehensive. It would require all operators of airports certificated 
under part 139 (both currently and newly certificated) to comply with 
both proposed risk reduction and accident mitigation requirements. 
Accident mitigation requirements would include airport emergency 
planning and ARFF services.
    As noted in the discussion of Issue I above, analysis of possible 
regulatory alternatives for the certification of airports serving small 
air carrier aircraft concluded that there exists a need to require at 
least some minimum level of both risk reduction and accident mitigation 
measures. Without such measures, a comparable level of safety at all 
airports cannot be achieved.
    However, the FAA recognizes the need to provide some flexibility in 
the implementation of certain safety measures at airports with 
infrequent air carrier service or where local resources are severely 
limited. Smaller communities do not always have the resources to 
provide the same level of services at their airports as airports in 
large metropolitan areas without adversely affecting other community 
services and infrastructure.
    To address such cost issues, the FAA could exercise its statutory 
authority to exempt certain airports from some prescribed ARFF 
requirements. Under statutory authority, the FAA ensures that 
certificated airports provide for the operation and maintenance of 
adequate safety equipment, including firefighting and rescue equipment 
capable of rapid

[[Page 38665]]

access to any part of the airport used for landing, takeoff, or surface 
maneuvering of an aircraft. If the FAA determines that this would not 
be in the public's interest, relief from aircraft rescue and 
firefighting requirements would be granted if:
    <bullet> A certificated airport has less than one-quarter of one 
percent of the total number of passenger boardings each year at all 
certificated airports; and
    <bullet> The FAA decides ARFF requirements would be unreasonably 
costly, burdensome, or impractical.
    In 1997, one-quarter of one percent of the total number of 
passenger boardings, or enplanements, equaled 1.55 million annual 
enplanements. The majority of currently certificated airports and all 
other airports serving scheduled air carrier operations meet this part 
of the criterion. Likewise, operators of airports serving small air 
carrier aircraft that are not currently certificated under part 139 
also meet this criterion (only 70 of the largest certificated airports 
have annual enplanement numbers in excess of 1.55 million annually).
    Through the statutory exemption, the FAA would maintain the 
necessary oversight of ARFF while ensuring that ARFF requirements are 
appropriate for the airport size and type of air carrier operations. 
This would not be a blanket exemption for airports with infrequent or 
smaller air carrier operations nor would it relieve an airport from the 
obligation to provide some level of ARFF coverage, but would be decided 
on a case-by-case basis. All certificated airports would be required to 
provide some level of ARFF service. For example, the FAA might approve 
a five-minute response time (versus the three-minute response required 
under part 139) at a limited certificated airport where unscheduled air 
carrier operations are infrequent and the community has arranged for an 
off-airport fire station to provide ARFF coverage.
    Airport operators holding limited certificates (airports that serve 
unscheduled air carrier operation with more than 30 seat aircraft) 
currently comply with ARFF requirements similar to what is proposed 
under this alternative. Existing part 139 requires limited certificated 
airports to provide for ARFF and does not specify ARFF standards. 
Typically, these airports are served infrequently by unscheduled air 
carrier flights, and the FAA allows some flexibility in the level of 
ARFF coverage provided. In establishing ARFF coverage at such airports, 
the FAA uses part 139 ARFF standards as a benchmark, and allows 
deviation from the requirements if the airport operator can 
demonstrates a comparable level of safety.
    For these reasons, this proposal includes procedures for an airport 
to request relief from part 139 ARFF requirements if the airport can 
provide an acceptable alternate means of compliance. Some relief from 
airport emergency plan requirements could be provided as well. For 
example, airports serving scheduled large air carrier operations are 
required to conduct an emergency disaster drill every three years. 
Under this alternative, this requirement would not be proposed for 
other covered airports. Instead, these airports would be required to 
review their plans annually to ensure information contained in the plan 
is accurate.
    After considering the alternatives for the certification of 
airports serving smaller air carrier operations, the FAA is proposing 
to amend part 139 to require that all airports, regardless of size and 
type of air carrier operations, comply with risk reduction and accident 
mitigation measures necessary to ensure safety in air transportation. 
However, to achieve a comparable level of safety at airports that vary 
greatly in size and operations, the FAA proposes to permit alternative 
means of compliance with certain accident mitigation requirements. This 
will allow the most cost effective and flexible method of ensuring 
safety to be employed at all covered airports.
    For more detailed cost analyses of these alternatives, see the 
``Regulatory Evaluation'' section below.

Paperwork Reduction Act

    This proposal contains the following new information collection 
requirements subject to review by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)). 
The title, description, and number of respondents, frequency of the 
collection, and estimate of the annual total reporting and 
recordkeeping burden are shown below.
    Title: Certification of Airports
    Summary: The FAA proposes to revise current part 139 and to 
establish certification requirements for airports serving scheduled air 
carrier operations in aircraft with 10-30 seats.
    In 1996, the statue that authorizes the FAA to certificate airports 
was amended to include a new category of covered airports (those with 
airports serving scheduled operations of air carrier aircraft with 10-
30 passenger seats). The FAA proposes to use this new authority and 
certificate all airport operators allowed by law.
    Further, this proposal would revise and clarify several safety and 
operational requirements. The last major revision of part 139 occurred 
in November 1987, and since then, industry practices and technology 
have changed. In the subsequent years, the FAA has gathered data on the 
effectiveness of part 139 requirements, (primarily through joint 
industry/FAA working groups, field research and periodic airport 
certification inspections), and proposes to use this rulemaking 
opportunity to update part 139 requirements. Changes also are proposed 
to address National Transportation Safety Board (NTSB) recommendations 
and petitions for exemption and rulemaking.
    These proposed revisions are necessary to ensure safety in air 
transportation and to provide a comparable level of safety at all 
certificated airports.
    Use of: This information is necessary to allow the FAA to verify 
compliance with proposed part 139 safety and operational requirements. 
While many part 139 reporting and recordkeeping requirements remain 
substantially unchanged, the FAA is proposing additional information 
collections.
    Under existing part 139, the FAA requires airports to comply with 
certain safety requirements prior to serving operations of large air 
carrier aircraft (aircraft with more than 30 seats). When an airport 
satisfactorily complies with these requirements, the FAA issues to that 
facility an airport operating certificate (AOC) that permits an airport 
to serve large air carriers. The FAA periodically inspects these 
airports to ensure continued compliance with part 139 safety 
requirements, including the maintenance of specified records. Both the 
application for an AOC and annual compliance inspections require 
regulated airport operators to collect and report certain operational 
information.
    Specifically, operators of certificated airports are required to 
develop and comply with an FAA-approved Airport Certification Manual 
(ACM). This manual details how an airport will comply with the 
requirements of part 139, and includes other instructions and 
procedures to help assist airport personnel perform their duties and 
responsibilities. Under this proposal, the FAA would continue to 
require all operators of certificated airports to have an ACM.
    The AOC remains in effect as long as the need exists and the 
operator complies with the terms of the AOC and the ACM. Certain 
changes in the operation of the airport must be

[[Page 38666]]

reported to the FAA for information or approval. If the airport 
operator believes that an exemption is needed to commence airport 
operations, justification for, and FAA approval of, the exemption is 
required for issuance of the AOC. The operator may request FAA approval 
of changes to the AOC or ACM, or an exemption from part 139 
requirements, by submitting justification and documentation. Also, the 
FAA Administrator may propose changes to the AOC or ACM and the airport 
operator may submit contrary evidence of argument concerning the 
proposed changes.
    Respondents (including number of): The likely respondents to this 
proposed information request are those civilian U.S. airport 
certificate holders who operate airports that serve scheduled and 
unscheduled operations of air carrier aircraft with more than 30 
passenger seats and scheduled operations of air carrier aircraft with 
10-30 passenger seats. The FAA estimates that 606 airports serve this 
type of air carrier operations, of which an estimated 565 already hold 
an AOC and comply with most of the proposed information collection 
requirements.
    Frequency: The frequency of collection would vary depending on the 
type of information collected, the size of the respondent's airport, 
and type of air carrier operations served. Information needed for the 
application for an AOC would be collected only at the time the 
application is submitted. An airport operator applying for an AOC would 
be required to develop an ACM. This document would be periodically 
updated and such changes would have to be reported to the FAA. Further, 
airport certificate holders would be required to establish and maintain 
specific records such as personnel training and facility inspections.
    Annual Burden Estimate: This proposal would constitute a 
recordkeeping and reporting burden for operators of airports 
certificated under part 139. This proposal would require such airport 
operators to develop and maintain an ACM, report ACM amendments to the 
FAA, and record personnel training and facility inspections. In 
addition, those airports applying for an AOC would be required to file 
an application.
    The following table lists estimated initial and annual hours 
respondents would need to comply with proposed part 139 reporting and 
recordkeeping requirements:

----------------------------------------------------------------------------------------------------------------
                                                               Initial      Initial       Annual       Annual
                 Proposed part 139 sections                   reporting  recordkeeping  reporting  recordkeeping
                                                                hours        hours        hours        hours
----------------------------------------------------------------------------------------------------------------
139.103.....................................................        304            0           16            0
139.111.....................................................          0            0           32            0
139.113.....................................................          0            0            5            0
139.201.....................................................          0            0          608          608
139.203.....................................................      1,520            0            0            0
139.205.....................................................     11,248            0        1,216            0
139.301.....................................................          0           27            0          324
139.303.....................................................          0        4,848            0       13,909
139.313.....................................................      2,208            0            0          736
139.317.....................................................          0            0            0        2,090
139.319.....................................................          0          912            0          570
139.321.....................................................        552            0           80            0
139.323.....................................................          0          574            0        2,404
139.327.....................................................          0        6,920            0        4,152
139.329.....................................................          0        2,528            0       16,432
139.331.....................................................          0       12,640            0          790
139.339.....................................................          0            0           32        4,816
139.341.....................................................          0           79            0        3,950
                                                             ---------------------------------------------------
      Subtotal..............................................     15,832       28,528        1,989       50,781
                                                             ---------------------------------------------------
      Total.................................................            44,360
                                                                        52,770
----------------------------------------------------------------------------------------------------------------

    Operations/maintenance labor accounts for an estimated 70 percent 
of the hours listed in the table above, and clerical labor makes up the 
other 30 percent. Cost per hour is estimated to be $26 for operations/
maintenance labor and $14 for clerical labor. Other expenses such as 
general and administrative costs, overhead costs, and other indirect 
costs are estimated to amount to approximately 15 percent of the direct 
labor costs. The estimate of the total initial reporting and 
recordkeeping burden would be $1,142,713. The annual reporting and 
recordkeeping burden would be $1,359,355.
    The agency is soliciting comments to (1) evaluate whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information will have practical utility; (2) evaluate the accuracy of 
the agency's estimate of the burden; (3) enhance the quality, utility, 
and clarity of the information to be collected; and (4) minimize the 
burden of the collection of information on those who are to respond, 
including through the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology (for example, permitting electronic 
submission of responses).
    Individuals and organizations may submit comments on the 
information collection requirement by September 19, 2000, to the 
address listed in the ADDRESSES section of this document.
    Persons are not required to respond to a collection of information 
unless it displays a currently valid OMB control number. The burden 
associated with this proposal has been submitted to OMB for review. The 
FAA will publish a notice in the Federal Register notifying the public 
of the approval number.

Compatibility With ICAO Standards

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards

[[Page 38667]]

and Recommended Practices to the maximum extent practicable. The FAA 
has reviewed the corresponding ICAO Standards and Recommended Practices 
and has identified no differences with these proposed regulations.
    The Joint Aviation Authorities, an associated body of the European 
Civil Aviation Conference, develop Joint Aviation Requirements (JAR) in 
aircraft design, manufacture, maintenance, and operations for adoption 
by participating member civil aviation authorities. The JAR does not 
address airport certification.

Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, Federalism Implications, and 
Unfunded Mandates Assessment

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980, as amended, 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Office of Management and Budget directs 
agencies to assess the effects of regulatory changes on international 
trade. And fourth, the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation).
    In conducting these analyses, the FAA has determined that the 
economic impact of this proposed rule will generate benefits that 
justify its costs and does meet the standards for a ``significant 
regulatory action'' as defined in the Executive Order and is 
significant as defined by the Department of Transportation's Regulatory 
Policies and Procedures. The proposal, therefore, is subject to review 
by the Office of Management and Budget. The FAA has determined that 
this rule will not constitute a barrier to international trade; and 
does not contain a significant intergovernmental or private sector 
mandate. The agency has concluded that the proposed rule would have a 
significant impact on a substantial number of small entities and has 
prepared an initial regulatory flexibility analysis. These analyses, 
available in the docket, are summarized below.
    The FAA invites the public to provide comments and supporting data 
on the assumptions made in this evaluation. All comments received will 
be considered in taking final action on this notice.

Benefits

    The expected benefit of this proposed rule is an enhanced level of 
safety resulting in reduced fatalities, injuries, and property damage 
at airports with scheduled air carrier operations, particularly 
operations in aircraft configured with 10 to 30 passenger seats.
    In 1995, the FAA issued regulations aimed at ensuring safety in 
scheduled air carrier operations in aircraft with 10 or more passenger 
seats. Since then, Congress has authorized the FAA to regulate airports 
serving 10 to 30 seat aircraft to further help ensure safety at 
airports certificated by the FAA. The FAA is now proposing to establish 
standards for these airports. The agency will make these standards 
sufficiently flexible to accommodate existing conditions at each 
airport, while providing maximum possible safety improvements.
    This proposal affects all currently certificated airports and 
approximately 38 additional airports that would need to obtain 
certificates. Accordingly, benefits are expected to accrue at all four 
proposed classes of certificated airports. Several different types of 
safety improvements are expected. These involve:
    (1) Prevention of runway accidents or collisions because of 
inadequate signs and traffic and wind direction indicators,
    (2) Mitigation of accident damages by improving runway safety areas 
at certain airports,
    (3) Mitigation of accidents as a result of increased requirements 
for ARFF services,
    (4) Prevention and mitigation of fires at airport fuel farms,
    (5) Prevention and mitigation of runway accidents caused by snow 
and ice accumulation, and
    (6) Prevention and mitigation of wildlife problems as a result of 
improved procedures for wildlife hazard management.
    Airport accidents involving aircraft used in commercial operations 
are rare and random events. This was particularly true of small air 
carrier aircraft, in large part, because small aircraft serve a small 
portion of commercial air passenger activity. However, small air 
carrier aircraft activity is growing and is projected to continue to 
grow at much higher rates than major airline activity. For example, 
small air carrier revenue passenger miles are projected to increase an 
average of 7.5 percent per year compared to 4 percent for major 
airlines. As a result, prior history may not be predictive of the 
future. If provisions of the rule prevent or mitigate the consequences 
of one catastrophic accident involving an aircraft with 30 seats, the 
potential benefit of lives saved and property damage avoided is as much 
as $45 million. If the provisions of the rule prevents or mitigate an 
accident associated with the collision of two such aircraft, the 
benefit would double to as much as $90 million. Potential safety 
improvements are not limited to situations involving small air carrier 
aircraft, but encompass larger aircraft that also use smaller airports.
    A brief discussion of benefits is included below. A more full 
discussion is contained in the full regulatory evaluation in the 
docket.

Markings, Signs, and Traffic and Wind Indicators

    Increased safety would result from proposed uniform standards for 
installation of runway and taxiway markings, signs, and lighting, and 
for traffic and wind direction indicators. All classes of certificated 
airports would need to comply with these requirements. Although most 
airports affected by the rule currently meet these standards, a few 
airports (approximately 9) would need to upgrade certain requirements. 
The FAA believes uniform standards will make a significant contribution 
to safety. If pilots and other airport users can come to expect the 
same facilities, procedures, and equipment at every airport at which 
they operate, then many of the uncertainties and miscommunications that 
can cause accidents are no longer an issue.

Runway Safety Areas

    A second example of a safety benefit expected as a result of this 
proposal relates to runway safety areas. On May 8, 1999, a SAAB 340 
overran a runway at New York's John F. Kennedy International Airport. 
The airport had recently installed arresting material in compliance 
with part 139 safety area requirements that resulted in the airplane 
stopping 50 feet short of Thurston Bay. The incident resulted in very 
little damage to the aircraft and one minor passenger injury. A 
previous incident on the same runway in 1984, before the arresting 
material was

[[Page 38668]]

installed, resulted in an SAS DC-10 running into the bay. The incident 
resulted in passenger injuries and extensive airplane damage.
    This proposal would require that Class III airports meet safety 
area requirements for the first time. The FAA has encouraged these 
airports to install safety areas for over 10 years, and many airports 
have already done so. Although the proposal will not require immediate 
installation of these safety facilities at any class of airports, over 
time, the eventual installation of safety areas at certificated 
airports will result in safer airports.

Emergency Response Services and Equipment

    A major safety provision of the proposal requires the availability 
of some kind of emergency response services and equipment, including 
aircraft rescue and firefighting (ARFF) equipment. The service must be 
available during every landing and takeoff of scheduled air carrier 
aircraft with 10 to 30 seats. In some cases, this service may not 
currently be available for small aircraft operations at airports where 
such service is provided for larger aircraft. For example, an accident 
that occurred at Quincy, Illinois (a proposed Category II airport) on 
November 19, 1996 might have been mitigated had ARFF been standing by 
during the arrival of the small air carrier aircraft.
    The U.S. air carrier transportation system is very safe, and 
accidents requiring emergency response action are rare. The risk of 
death or injury to a passenger, due in part to current emergency 
response requirements, is very small; however, many incidents have 
occurred where the perceived risk of an accident was great enough that 
ARFF units were alerted. The FAA has tracked airport incidents at 
currently certificated airports, and notes that over 1,200 such 
occurrences took place during an 18-month period.
    These incidents usually involved large aircraft and occurred at 
airports where emergency response services and equipment were 
available. Nevertheless, the FAA has no reason to believe that small 
aircraft operations are safer than large aircraft operations, and 
concludes that a proportionate number of similar incidents occur when 
and where ARFF is not available. Thus, the provision of emergency 
response capability at all certificated airports, as proposed, is 
necessary to ensure safety in air commerce.

Fuel Storage Fires

    Another expected benefit is prevention/mitigation of fuel storage 
fires. The proposed rule requires all classes of airports to address 
fuel storage fires in their disaster plans. This will better prepare 
airports to prevent and/or extinguish the kind of fire that occurred at 
Stapleton International Airport, Denver, Colorado, on November 25, 
1990. That fire erupted on a fuel farm about 1.8 mile from the main 
terminal and burned for 48 hours, destroying about 3 million gallons of 
fuel. Flight operations of a major air carrier were disrupted due to a 
lack of fuel, and the carrier estimated total damage to have reached 
between $15 and $20 million.
    The National Transportation Safety Board (NTSB) concluded that the 
City and County of Denver (the airport certificate holder) and the fire 
department, in particular, apparently had not considered the 
possibility of a fire of this type since no procedures or contingency 
plans were in place. The FAA has determined that contingency plans that 
cover the possibility of a major fuel farm fire could result in similar 
fires being extinguished much sooner, and perhaps resulting in 
considerably less damage.

Snow and Ice Control

    A safety benefit is expected from improved snow and ice control, 
which would reduce the potential for snow and ice related accidents. On 
March 17, 1993, a BAC-BA-Jetstream 3101 was making a night instrument 
approach to a proposed Class II airport. Because the runway was not 
properly plowed, and berms of snow concealed the runway lights at 
ground level, the captain lost control after touchdown, and the 
airplane sustained substantial damage.
    This proposed rule would require Class II and III airports to 
develop snow and ice control plans. Although these proposed classes of 
airports already have procedures for snow and ice removal, this 
proposal would formalize consistent plans across all airports with 
scheduled air carrier services. The FAA concludes that this low-cost 
requirement to standardize response to snow and ice at certificated 
airports would significantly help prevent the kind of accident 
discussed above.

Wildlife Hazard Management

    Finally, benefits are expected at all classes of certificated 
airports as a result of proposed actions to reduce wildlife hazards 
(bird strikes and other damaging collisions with wildlife). A FAA study 
of civil aircraft wildlife strikes in the U.S. (``Wildlife Strikes to 
Civil Aircraft in the United States, 1991-1997'') found a significant 
and growing hazard of wildlife strikes with aircraft in the vicinity of 
airports. The study determined that 97 percent of all wildlife strikes 
occur while arriving or departing from an airport. The number of annual 
strikes increased 53 percent from 1991 to 1997, and, according to the 
FAA report, is now causing about $237 million per year in direct costs.
    The expected benefit is that wildlife strikes would be reduced. 
Some operators of proposed Class II and III airports would be required 
to conduct wildlife hazard assessments, as well as formulate and 
implement wildlife hazard management plans for their airports. 
Ultimately, the rule is expected to reduce the number of strikes that 
would otherwise occur.
    The FAA report estimates that wildlife strikes, at the present 
time, result in 501,560 hours per year of aircraft down time.

Costs

    Some of the requirements of this proposal that will impose costs, 
such as improved snow and ice control, marking signing and lighting, 
and wildlife hazard management are intended to prevent accidents. Other 
requirements, such as emergency planning and improved emergency 
response capability are intended to mitigate accidents should they 
occur.
    The major items of this rule that are expected to impose costs are 
summarized below:

------------------------------------------------------------------------
                                       Initial/Capital  Annual recurring
          Major cost items                  costs             costs
------------------------------------------------------------------------
Risk Reduction Items (Subpart D-            $1,273,024        $1,429,382
 Operations--Records); Personnel;
 Marking; Signs and Lighting; Snow &
 Ice Control; Handling & Storing of
 Hazardous Substances & Materials;
 Traffic & Wind Direction
 Indicators; Self-Inspection
 Program; Ground Vehicles; Wildlife
 Hazard Management).................
Mitigation Items (ARFF, Airport              2,247,928         4,600,918
 Emergency Plan)....................
                                     -----------------------------------
      Program total--current dollars         3,520,952         6,030,300
------------------------------------------------------------------------


[[Page 38669]]

    The FAA estimates that the present value of the 10-year cost of 
this proposed rule is about $46 million.
    A more detailed description of how these costs were estimated is 
contained in the full regulatory evaluation.
    This estimate is likely to be high because it is based on assumed 
average costs across all airports in each proposed class. In the 
application of this rule, each airport (particularly Class III 
airports) may have already complied with this rule, or may receive 
relief from certain aspects of this rule under the proposed exemption 
provisions.

Benefit-Cost Comparison

    Although the FAA did not quantify the benefits of this proposal, 
some useful observations can be made. First, a single accident could 
easily equal, or double the estimated total cost of this proposal. A 
single accident involving a 30-seat airplane with an industry standard 
load factor could result in as much as a loss of $45 million (with the 
value of a fatality avoided valued at $2.7 million). For example, the 
accident at the Quincy airport is estimated to have cost as much as $40 
million. Costs escalate quickly with each additional aircraft involved. 
In addition the proposed rule is expected to mitigate fuel storage 
fires, wildlife strikes, runway incursions, and snow/ice related 
accidents.
    The FAA has determined that numerous safety benefits would occur 
from the provisions in the proposed rule. One of these benefits is the 
expected mitigation of an accident similar to the one at the Quincy 
airport where fatalities might have been avoided. The FAA proposes 
requirements that could reduce the potential for reoccurrence of 
conditions that resulted in the accident at Quincy Airport. In view of 
the moderate costs and potential benefits expected from this proposal, 
the FAA concludes that this proposal is cost-justified.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 establishes, ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The Act covers a wide range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If an agency determines that a proposed or 
final rule is not expected to have a significant economic impact on a 
substantial number of small entities, section 605(b) of the Act 
provides that the head of the agency may so certify, and a regulatory 
flexibility analysis (RFA) is not required. The certification must 
include a statement providing the factual basis for this determination, 
and the reasoning should be clear. If the action will have a 
significant impact on a substantial number of small entities, the 
agency must prepare an RFA as described in the Act.
    As mentioned earlier, the FAA has determined that this action would 
have a significant impact on a substantial number of small entities. 
The FAA has prepared an RFA in the Regulatory Evaluation, a copy of 
which has been placed in the docket for this rulemaking action. A 
summary of this analysis follows.

Affected Industries

    As noted above, the FAA must attempt to minimize the potential 
economic impact of the proposed rule on small entities, and meet the 
agency's primary responsibility for aviation safety. The proposal would 
affect a total of 601 airports, of which an estimated 217 airports (36 
percent) are small entities.

Description of Alternatives

    The Regulatory Flexibility Act requires the FAA to consider the 
advantages and disadvantages of alternatives to this proposed 
rulemaking. The FAA has considered several alternative approaches to 
this proposed rulemaking and has attempted to minimize the potential 
economic impact of the proposal; especially the impact on small 
entities. In addition, this action fulfills the FAA's responsibility to 
respond to the authority provided by Congress to certificate airports 
serving scheduled air carrier operations with 10-30 seat aircraft, 
except for the State of Alaska.
    The FAA, in this NPRM, considered alternatives based on two issues. 
Issue I was the revision of 14 CFR part 139, and Issue II was the 
certification of airports serving scheduled operations of small air 
carrier aircraft with 10-30 passenger seats. The FAA determined that it 
was necessary to revise 14 CFR part 139 and that the revised part 139 
should include the certification of airports serving scheduled air 
carrier operations with 10-30 passenger seat aircraft.
    For Issue I, the revision of part 139, the four alternatives 
considered were:
    Alternative 1: Amend administrative and definition sections of 14 
CFR part 139 to incorporate airports serving scheduled air carrier 
operations into existing certification process; no changes to 
operational requirements.
    The estimated total incremental costs of Alternative 1 would be 
approximately $42,000 for one-time costs and $46,000 for recurring 
costs.
    Alternative 2: In addition to amending administrative and 
definition sections of part 139, only revise those part 139 operational 
requirements that the FAA has received a formal request to amend.
    The estimated total incremental costs of Alternative 2 would be 
approximately $57,000 for one-time costs and $64,000 for recurring 
costs.
    Alternative 3: Require only newly certificated airports to comply 
with proposed amendments to part 139 operational requirements; 
``grandfather'' airports currently certificated and allow these 
facilities to continue to comply with existing operational 
requirements.
    The estimated total incremental costs of Alternative 3 would be 
approximately $1,552,000 for one-time costs and $1,250,000 for 
recurring costs.
    Alternative 4: Update part 139 by revising administrative and 
operational requirements throughout the regulation; both airports that 
are currently certificated and those newly certificated under part 139 
would be required to comply with the revised regulations.
    The estimated total incremental costs of Alternative 4 would be 
approximately $3,521,000 for one-time costs and $6,030,000 for 
recurring costs. This is the alternative selected by the FAA.
    For Issue II, the certification of airports serving scheduled air 
carrier operations with 10-30 passenger seat aircraft, the four 
alternatives considered were:
    Alternative 1: Maintain current regulatory oversight of airports 
serving air carrier operations with more than 30 seat aircraft; no 
certification requirements for airports only serving smaller air 
carrier aircraft.
    Alternative 1 maintains the current airport certification system. 
Therefore, there are no incremental costs for Alternative 1.
    Alternative 2: Require airports that are currently certificated 
under part 139 to extend part 139 coverage to air carrier operations 
with 10-30 seat aircraft; no regulation of airports that serve only 10-
30 seat aircraft.

[[Page 38670]]

    The estimated total incremental costs of Alternative 2 would be 
approximately $900,000 for one-time costs and $3,574,000 for recurring 
costs.
    Alternative 3: Extend the scope of part 139 to include all airports 
that serve scheduled air carrier operations with 10-30 seat aircraft; 
require airports that only serve scheduled small air carrier operations 
to comply with fewer standards than those airports serving large air 
carrier operations.
    The estimated total incremental costs of Alternative 3 would be 
approximately $2,284,000 for one-time costs and $5,058,000 for 
recurring costs.
    Alternative 4: Amend part 139 to require all airports, regardless 
of size of air carrier aircraft and frequency of service, to comply 
with all required risk reduction and accident mitigation standards.
    The estimated total incremental costs of Alternative 4 would be 
approximately $3,521,000 for one-time costs and $6,030,300 for 
recurring costs. This is the alternative selected by the FAA.

Compliance Assistance

    The FAA's policy and procedures related to small entities meets and 
exceeds the requirements of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA). FAA's regional offices regularly provide 
guidance and support in compliance matters to operators of airports 
classified as small entities. The guidance and support may occur via 
the telephone, e-mail, conventional mail, regional newsletters and FAA 
participation in industry conferences. In addition, it has been a long 
standing policy of the FAA to develop and distribute, free of charge, 
advisory circulars, informational brochures, and safety placards that 
are intended to assist the certificate holder in complying with the 
requirements of part 139. If this rule is adopted, the FAA will prepare 
a small entity compliance guide for the revised part 139. Also, 
existing FAA policy concerning enforcement of this regulation, and any 
subsequently adopted regulation, will continue to consider small 
entities status in obtaining compliance.

Affordability Analysis

    The proposed rule was analyzed to determine its affordability. Many 
airports already meet the requirements of the proposed rule. These 
airports would incur only minor incremental costs as a result of the 
proposed rule.
    The remaining airports meet most of the requirements of the 
proposed rule. These airports may be able to meet the requirements of 
the proposed rule with the purchase of additional equipment, 
coordination with air carriers to revise airline flight schedules, and 
increased use of airport staff for collateral duties.
    As noted earlier, Federal funds that can be requested only cover 
capital items such as ARFF equipment, runway marking and lighting, and 
fencing. Federal funds cannot be used to cover the costs of maintenance 
and operation expenses or the cost of personnel.
    Although many airports already meet all or most of the standards of 
the proposed rule, there would be some airports that may have 
difficulty in financing the improvements needed to meet the 
requirements of the proposed rule. Airports may request relief from 
certain requirements, although it may not be granted. Further, if an 
airport enplanes less than one-quarter of one percent of the passengers 
at all certificated airports, the airport operator may apply for an 
exemption from the ARFF requirements of the proposed rule. It is 
anticipated that in all requests for exemptions that the FAA would work 
with each airport individually to find a mutually agreeable solution. 
For the reasons discussed earlier, the proposed rule is expected to be 
affordable to all airports.

Business Closure Analysis

    The possibility of business failures being caused by the proposed 
rule was analyzed. None of the airports covered by this rule are 
expected to close as a result of this rule. All of these airports 
accommodate general aviation aircraft, as well as air carrier aircraft. 
Even if these airports lose their air carrier service they would likely 
remain open to provide service to general aviation aircraft. However, 
the FAA does not intend to cause an airport to suspend scheduled air 
service to the community. As presented above, a certificate holder may 
request relief from requirements that might effect the airport's 
scheduled air service. For example, the FAA has the authority to exempt 
from ARFF requirements airports with less than one-quarter of one 
percent (0.025 percent) of annual U.S. enplanements.

Disproportionality Analysis

    The proposed rule was analyzed to determine if it would have a 
disproportional effect on smaller entities. The FAA determined that the 
impact of the proposed rule on the smaller entities would be relatively 
higher than the impact on the larger entities because the smaller 
entities may require relatively greater efforts to comply. If this is 
the case, the smaller entity may incur proportionally higher costs than 
the larger entity. The FAA has determined that disproportionate costs 
are justified to achieve uniform standards that enhance safety. The FAA 
will exercise its authority to consider petitions for exemption that 
may minimize a disproportionate impact.

International Trade Impact Assessment

    The provisions of this rule will have little or no impact on trade 
for U.S. firms doing business in foreign countries and foreign firms 
doing business in the United States.

Federalism Implications

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. Most airports subject to 
this rule are owned, operated, or regulated by a local governmental 
body (such as a city or county government), which, in turn, is either 
incorporated by or part of a State. In a few cases, the airports are 
operated directly by the states. This rule would have minimal direct 
effect on the States, and would not alter the relationship between the 
airport certificate holders and the FAA that is established by law. The 
annual costs of compliance with this rule would be very low compared 
with the resources available to the airports. Further, before issuing 
this NPRM, the FAA consulted with representatives of the airports 
through the Aviation Rulemaking Advisory Committee, as well as the 
states through various national associations of state and local 
governments. Also, FAA will mail to each state government a copy of the 
NPRM specifically inviting comment on this proposal.
    Accordingly, the FAA has determined that this action would not have 
a substantial direct effect on the States, on the relationship between 
the national Government and the States, or on the distribution of power 
and responsibilities among the various levels of government. Therefore, 
the FAA has determined that this rulemaking does not have federalism 
implications.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532-1538) 
requires the FAA to assess the effects of Federal regulatory actions on 
state, local, and tribal governments, and on the private sector of 
proposed rules that contain a Federal intergovernmental or private 
sector mandate that exceeds $100 million in any one year. This action 
does not contain such a mandate.
    Because many airports are owned by small governments, this proposed 
rule could affect a large number of small governments. To provide 
notice to the

[[Page 38671]]

small governments affected by this proposed rule, a copy of the NPRM 
will be sent to each State's Aeronautics Authority. This will provide 
small governments the opportunity to comment on the proposed rule 
before it would be implemented.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental assessment or environmental impact statement. In 
accordance with FAA Order 1050.1D, appendix 4, paragraph 4(j), this 
rulemaking action qualifies for a categorical exclusion.

Energy Impact

    The energy impact of the proposed rule has been assessed in 
accordance with the Energy Policy and Conservation Act (EPCA) and 
Public Law 94-163, as amended (42 U.S.C. 6362). It has been determined 
that it is not a major regulatory action under the provisions of the 
EPCA.

List of Subjects

14 CFR Part 121

    Air carriers, Aircraft, Aviation safety, Charter flights, Safety, 
Transportation.

14 CFR Part 139

    Air carriers, Airports, Aviation safety, Reporting and 
recordkeeping requirements.

The Proposed Amendments

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend Chapter I of Title 14, Code of Federal 
Regulations, as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

    1. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.

    2. Revise Sec. 121.590 to read as follows.


Sec. 121.590  Use of certificated land airports.

    (a) Except as provided in paragraph (b) of this section, or unless 
authorized by the Administrator, no air carrier, and no pilot being 
used by an air carrier may, in the conduct of operations governed by 
this part, operate an airplane into a land airport in any State of the 
United States, the District of Columbia, or any territory or possession 
of the United States, unless that airport is certificated under part 
139 of this chapter. Further, no air carrier may operate an airplane at 
such a certificated airport, unless that operation is authorized for 
the classification of the airport under part 139 of this chapter. 
However, an air carrier may designate and use as a required alternate 
airport for departure or destination, an airport that is not 
certificated under part 139 of this chapter.
    (b) An air carrier or a commercial operator may use an airport not 
certificated under part 139 of this chapter if conducting domestic, 
flag, and passenger-carrying supplemental operations at any airport 
operated by the United States government; and the airport meets the 
equivalent safety standards of those required under part 139 of this 
chapter.
    (c) An air carrier or a commercial operator may use an airport not 
certificated under part 139 of this chapter if conducting domestic and 
flag operations with turbojet powered airplanes designed for fewer than 
10 passenger seats; or domestic and flag operations with airplanes 
designed for more than 9 and fewer than 31 passenger seats within the 
State of Alaska, if:
    (1) The airport is adequate for the proposed operation, considering 
such items as size, surface, obstructions, and lighting.
    (2) For an airplane carrying passengers at night, the pilot may not 
take off from, or land at, an airport unless--
    (i) The pilot has determined the wind direction from an illuminated 
wind direction indicator or local ground communications or, in the case 
of takeoff, that pilot's personal observations; and
    (ii) The limits of the area to be used for landing or takeoff are 
clearly shown by boundary or runway marker lights. If the area to be 
used for takeoff or landing is marked by flare pots or lanterns, their 
use must be authorized by the Administrator.
    3. Revise part 139 to read as follows:

PART 139--CERTIFICATION OF AIRPORTS

Subpart A--General

Sec.
139.1   Applicability.
139.3   Delegation of authority.
139.5   Definitions.
139.7   Methods and procedures for compliance.

Subpart B--Certification

139.101   General requirements.
139.103   Application for certificate.
139.105   Inspection authority.
139.107   Issuance of certificate.
139.109   Duration of certificate.
139.111   Exemptions.
139.113   Deviations.

Subpart C--Airport Certification Manual

139.201   General requirements.
139.203   Contents of airport certification manual.
139.205   Amendment of airport certification manual.

Subpart D--Operations

139.301   Records.
139.303   Personnel.
139.305   Paved areas.
139.307   Unpaved areas.
139.309   Safety areas.
139.311   Marking, signs, and lighting.
139.313   Snow and ice control.
139.315   Aircraft rescue and firefighting: Index determination.
139.317   Aircraft rescue and firefighting: Equipment and agents.
139.319   Aircraft rescue and firefighting: Operational 
requirements.
139.321   Aircraft rescue and firefighting: Exemptions.
139.323   Handling and storing of hazardous substances and 
materials.
139.325   Traffic and wind direction indicators.
139.327   Airport emergency plan.
139.329   Self-inspection program.
139.331   Ground vehicles.
139.333   Obstructions.
139.335   Protection of navaids.
139.337   Public protection.
139.339   Wildlife hazard management.
139.341   Airport condition reporting.
139.343   Identifying, marking, and reporting construction and other 
unserviceable areas.
139.345   Noncomplying conditions.

    Authority: 49 U.S.C. 106(g), 40113, 44701-44706, 44709, 44719.

Subpart A--General


Sec. 139.1  Applicability.

    (a) This part prescribes rules governing the certification and 
operation of airports in any State of the United States, the District 
of Columbia, or any territory or possession of the United States 
serving any--
    (1) Scheduled passenger-carrying operations of air carrier aircraft 
designed for more than 9 passengers, as determined by the aircraft type 
certificate issued by a competent civil aviation authority; and
    (2) Unscheduled passenger-carrying operations of air carrier 
aircraft designed for more than 30 passengers, as determined by the 
aircraft type certificate issued by a competent civil aviation 
authority.
    (b) This part does not apply to--
    (1) Airports serving scheduled air carrier operations only by 
reason of being designated as an alternate airport;
    (2) Airports operated by the United States;

[[Page 38672]]

    (3) Airports located in the State of Alaska that only serve 
scheduled operations of small air carrier aircraft, and do not serve 
scheduled or unscheduled operations of large air carrier aircraft; or
    (4) Heliports.


Sec. 139.3  Delegation of authority.

    The authority of the Administrator under 49 U.S.C. 44706 to issue, 
revoke, and deny airport operating certificates is delegated to:
    (a) The Associate Administrator for Airports, Director of Airport 
Safety and Standards, and Regional Airports Division Managers; and
    (b) Each Airport Certification Safety Inspector, to the extent 
necessary to--
    (1) Conduct inspections to determine compliance with the 
requirements of this part;
    (2) Authorize exemptions and deviations from any requirement of 
this part;
    (3) Approve or amend airport certification manuals required under 
this part; and
    (4) Approve or disapprove standards, methods and procedures used to 
comply with this part.


Sec. 139.5  Definitions.

    The following are definitions of terms as used in this part:
    AFFF means aqueous film forming foam agent.
    Air carrier operation means the takeoff or landing of an air 
carrier aircraft and includes the period of time from 15 minutes before 
and until 15 minutes after the takeoff or landing.
    Airport means an area of land or other hard surface, excluding 
water, that is used or intended to be used for the landing and takeoff 
of aircraft, including any buildings and facilities.
    Airport operating certificate means a certificate, issued under 
this part, for operation of a Class I, II, III, or IV airport.
    Average daily departures means the average number of scheduled 
departures per day of air carrier aircraft computed on the basis of the 
busiest 3 consecutive calendar months of the immediately preceding 12 
consecutive calendar months; except that if the average daily 
departures are expected to increase, then ``average daily departures'' 
may be determined by planned rather than current activity, in a manner 
authorized by the Administrator.
    Certificate holder means the holder of an airport operating 
certificate issued under this part.
    Heliport means an airport, or an area of an airport, used or 
intended to be used for the landing and takeoff of helicopters.
    Class I airport means an airport certificated to serve scheduled 
operations of large air carrier aircraft that can also serve 
unscheduled passenger operations of large air carrier aircraft and/or 
scheduled operations of small air carrier aircraft.
    Class II airport means an airport certificated to serve scheduled 
operations of small air carrier aircraft and the unscheduled passenger 
operations of large air carrier aircraft. A Class II airport cannot 
serve scheduled large air carrier aircraft.
    Class III airport means an airport certificated to serve scheduled 
operations of small air carrier aircraft. A Class III airport cannot 
serve scheduled or unscheduled large air carrier aircraft.
    Class IV airport means an airport certificated to serve unscheduled 
passenger operations of large air carrier aircraft. A Class IV airport 
cannot serve scheduled large or small air carrier aircraft.
    Clean agent means electrically nonconducting volatile or gaseous 
fire extinguishing agent that does not leave a residue upon evaporation 
and has been shown to provide extinguishing action equivalent to halon 
1211 under test protocols of FAA Technical Report DOT/FAA/AR-95/87.
    Index means an airport ranking according to the type and quantity 
of aircraft rescue and firefighting equipment and agent required, 
determined by the length and frequency of air carrier aircraft served 
by the airport, as provided in subpart D of this part.
    Large air carrier aircraft means, for the purpose of this part, an 
aircraft with a passenger seating capacity of more than 30 passengers 
that is operated by an air carrier.
    Movement area means the runways, taxiways, and other areas of an 
airport which are used for taxiing, takeoff, and landing of aircraft, 
exclusive of loading ramps and aircraft parking areas.
    Regional Airports Division Manager means the airports division 
manager for the FAA region in which the airport is located.
    Safety area means a designated area abutting the edges of a runway 
or taxiway intended to reduce the risk of damage to an aircraft 
inadvertently leaving the runway or taxiway.
    Scheduled operation means any common carriage passenger-carrying 
operation for compensation or hire conducted by an air carrier or 
commercial operator for which the air carrier, commercial operator, or 
their representatives offers in advance the departure location, 
departure time, and arrival location. It does not include any operation 
that is conducted as a supplemental operation under 14 CFR part 119, or 
is conducted as a public charter operation under 14 CFR part 380.
    Small air carrier aircraft means, for the purpose of this part, an 
aircraft with a passenger seating capacity of more than 9 passengers 
but less than 31 seats that is operated by an air carrier.
    Unscheduled operation means any common carriage passenger-carrying 
operation for compensation or hire conducted by an air carrier or 
commercial operator with aircraft having more than 30 passenger seats 
that is conducted as a supplemental operation under 14 CFR part 119 or 
as a public charter under 14 CFR part 380, or for which departure time, 
departure location, and arrival location are specifically negotiated 
with the customer or the customer's representative.
    Wildlife hazard means a potential for a damaging aircraft collision 
with wildlife on or near an airport. As used in this part, ``wildlife'' 
includes domestic animals while out of the control of their owners.


Sec. 139.7  Methods and procedures for compliance.

    Certificate holders shall comply with requirements prescribed by 
subparts C and D of this part in a manner authorized by the 
Administrator. FAA Advisory Circulars contain methods and procedures 
for compliance with this part that are acceptable to the Administrator.

Subpart B--Certification


Sec. 139.101  General requirements.

    (a) Except as otherwise authorized by the Administrator, no person 
may operate an airport specified under Sec. 139.1 without an airport 
operating certificate, or in violation of that certificate, the 
applicable provisions of this part, or the approved airport 
certification manual.
    (b) Each airport shall adopt and comply with an airport 
certification manual as required under Sec. 139.203.
    (c) Except as provided in Secs. 139.311, 139.321, and 139.327, 
airports required to have an airport operating certificate under this 
part shall have their airport certification manual approved and 
implemented in accordance with the following schedule:
    (1) Class I airports--90 days after [the effective date of the 
final rule].
    (2) Class II and III airports--240 days after [the effective date 
of the final rule].
    (3) Class IV airports  180 days after [the effective date of the 
final rule].

[[Page 38673]]

Sec. 139.103  Application for certificate.

    Each applicant for an airport operating certificate shall:
    (a) Prepare and submit an application, in a form and in the manner 
prescribed by the Administrator, to the Regional Airports Division 
Manager.
    (b) Submit with the application, two copies of an airport 
certification manual prepared in accordance with subpart C of this 
part.


Sec. 139.105  Inspection authority.

    Each applicant for, or holder of, an airport operating certificate 
shall allow the Administrator to make any inspections, including 
unannounced inspections, or tests to determine compliance with 49 
U.S.C. 44706 and the requirements of this part.


Sec. 139.107  Issuance of certificate.

    An applicant for an airport operating certificate is entitled to a 
certificate if:
    (a) The certificate holder provides written documentation that air 
carrier service will begin on a date certain.
    (b) The applicant meets the provisions of Sec. 139.103.
    (c) The Administrator, after investigation, finds that the 
applicant is properly and adequately equipped and able to provide a 
safe airport operating environment in accordance with:
    (1) Any limitation that the Administrator finds necessary to ensure 
safety in air transportation.
    (2) The requirements of the airport certification manual as 
specified under Sec. 139.203.
    (3) Any other provisions of this part that the Administrator finds 
necessary to ensure safety in air transportation.
    (d) The Administrator approves the airport certification manual.


Sec. 139.109  Duration of certificate.

    (a) An airport operating certificate issued under this part is 
effective until the certificate holder surrenders it, or the 
certificate is suspended or revoked by the Administrator.
    (b) The Administrator may issue an order revoking an airport 
operating certificate issued under this part if air carrier operations 
have not occurred at an airport for 24 consecutive calendar months. Any 
final order is appealable under 14 CFR part 13.


Sec. 139.111  Exemptions.

    (a) An applicant or a certificate holder may petition the 
Administrator under Sec. 11.25, Petitions for Rulemaking or Exemptions, 
of this chapter for an exemption from any requirement of this part.
    (b) Under section 44706(c), the Administrator may exempt an 
applicant or a certificate holder that enplanes annually less than one-
quarter of 1 percent of the total number of passengers enplaned at all 
air carrier airports from all, or part, of the aircraft rescue and 
firefighting equipment requirements of this part, on the grounds that 
compliance with those requirements is, or would be, unreasonably 
costly, burdensome, or impractical. An applicant for, or holder of, an 
airport operating certificate filing for such an exemption shall use 
the format prescribed under Sec. 139.321.
    (c) Each petition filed under this section must be submitted in 
duplicate to the Regional Airports Division Manager.


Sec. 139.113  Deviations.

    In emergency conditions requiring immediate action for the 
protection of life or property, the certificate holder may deviate from 
any requirement of subpart D of this part, or the airport certification 
manual, to the extent required to meet that emergency. Each certificate 
holder who deviates from a requirement under this section shall, within 
14 days after the emergency, notify the Regional Airports Division 
Manager of the nature, extent, and duration of the deviation. When 
requested by the Regional Airports Division Manager, the certificate 
holder shall provide this notification in writing.

Subpart C--Airport Certification Manual


Sec. 139.201  General requirements.

    (a) No person may operate an airport subject to this part unless 
that person adopts and complies with an airport certification manual as 
required under this part, that--
    (1) Has been approved by the Administrator;
    (2) Contains only those items authorized by the Administrator;
    (3) Is in printed form and signed by the certificate holder 
acknowledging the certificate holder's responsibility to operate the 
airport in compliance with the airport certification manual approved by 
the Administrator; and
    (4) Is in a form that is easy to revise, and organized in a manner 
helpful to the preparation, review, and approval processes, including a 
revision log, and on each page or attachment, the date of initial 
approval, or approval by the Administrator of the latest revision.
    (b) Each holder of an airport operating-certificate shall--
    (1) Keep its airport certification manual current at all times;
    (2) Maintain at least one complete and current copy of its approved 
airport certification manual on the airport, which will made available 
for inspection by the Administrator; and
    (3) Furnish the applicable portions of the approved airport 
certification manual to the airport personnel responsible for their 
implementation.
    (c) Each certificated holder shall ensure that the Regional 
Airports Division Manager is provided a complete copy of its most 
current approved airport certification manual that is specified under 
paragraph (b)(2) of this section, including any amendments approved 
under Sec. 139.209.
    (d) FAA Advisory Circulars contain methods and procedures for the 
development of airport certification manuals that are acceptable to the 
Administrator.


Sec. 139.203  Contents of airport certification manual.

    (a) Except as otherwise authorized by the Administrator, each 
certificate holder shall include in the airport certification manual a 
description of operating procedures, facilities and equipment, 
responsibility assignments, and any other information needed by 
personnel concerned with operating the airport in order to comply with 
applicable provisions of subpart D of this part, and paragraph (b) of 
this section.
    (b) Except as otherwise authorized by the Administrator, the 
certificate holder shall include in its airport certification manual 
the following elements, as appropriate for its class:

                                 Required Airport Certification Manual Elements
----------------------------------------------------------------------------------------------------------------
                                                                         Airport certificate class
                     Manual elements                     -------------------------------------------------------
                                                             Class I      Class II      Class III     Class IV
----------------------------------------------------------------------------------------------------------------
1. Lines of succession of airport operational                       X             X             X             X
 responsibility.........................................
2. Each current exemption issued to the airport from the            X             X             X             X
 requirements of this part..............................
3. Any limitations imposed by the Administrator.........            X             X             X             X

[[Page 38674]]

 
4. A grid map or other means of identifying locations               X             X             X             X
 and terrain features on and around the airport which
 are significant to emergency operations................
5. The location of each obstruction required to be                  X             X             X             X
 lighted or marked within the airport's area of
 authority..............................................
6. A description of each movement area available for air            X             X             X             X
 carriers and its safety areas and each road described
 in Sec.  139.319(l) that serves it.....................
7. Procedures for avoidance of interruption or failure              X             X             X
 during construction work of utilities serving
 facilities or navaids that support air carrier
 operations.............................................
8. A description of the system for maintaining records              X             X             X             X
 as required under Sec.  139.301........................
9. A description of personnel training as required under            X             X             X             X
 Sec.  139.303..........................................
10. Procedures for maintaining the paved areas as                   X             X             X             X
 required under Sec.  139.305...........................
11. Procedures for maintaining the unpaved areas as                 X             X             X             X
 required under Sec.  139.307...........................
12. Procedures for maintaining the safety areas as                  X             X             X             X
 required under Sec.  139.309...........................
13. A plan showing the runway and taxiway identification            X             X             X             X
 system along with the location and inscription of the
 signs as required under Sec.  139.311..................
14. A description of, and procedures for maintaining,               X             X             X             X
 the marking, signs, and lighting systems as required
 under Sec.  139.311....................................
15. A snow and ice control plan as required under Sec.              X             X             X
 139.313................................................
16. A description of the facilities, equipment,                     X             X             X             X
 personnel, and procedures for meeting the rescue and
 firefighting requirements in accordance with Secs.
 139.317 and 139.319....................................
17. A description of any approved exemption to rescue               X             X             X             X
 and firefighting requirements as authorized under Sec.
 139.321................................................
18. Procedures for handling fuel, lubricants and oxygen             X             X             X
 required under Sec.  139.323...........................
19. Procedures for handling fuel, lubricants and oxygen.                                                      X
20. A description of, and procedures for maintaining,               X             X             X
 the traffic and wind direction indicators as required
 under Sec.  139.325....................................
21. A description of, and procedures for maintaining,                                                         X
 the traffic and wind direction indicators..............
22. An emergency plan as required under Sec.  139.327...            X             X             X             X
23. Procedures for conducting the self-inspection                   X             X             X
 program as required under Sec.  139.329................
24. Procedures for conducting the self-inspection                                                             X
 program................................................
25. Procedures for controlling ground vehicles as                   X             X             X
 required under Sec.  139.331...........................
26. Procedures for obstruction removal, marking, or                 X             X             X
 lighting as required under Sec.  139.333...............
27. Procedures for protection of navaids as required                X             X             X
 under Sec.  139.335....................................
28. A description of public protection as required under            X             X             X
 Sec.  139.337..........................................
29. A wildlife hazard management plan as required under             X             X             X
 Sec.  139.339..........................................
30. Procedures for airport condition reporting as                   X             X             X             X
 required under Sec.  139.341...........................
31. Procedures for identifying, marking, and reporting              X             X             X
 construction and other unserviceable areas as required
 under Sec.  139.343....................................
32. Any other item that the Administrator finds is                  X             X             X             X
 necessary to ensure safety in air transportation.......
----------------------------------------------------------------------------------------------------------------

Sec. 139.205  Amendment of airport certification manual.

    (a) Under Sec. 139.3, the Regional Airports Division Manager may 
amend any airport certification manual approved under this part, 
either--
    (1) Upon application by the certificate holder; or
    (2) On the Regional Airports Division Manager's own initiative if 
the Regional Airports Division Manager determines that safety in air 
transportation require the amendment.
    (b) A certificate holder shall file an application for an amendment 
to its airport certification manual with the Regional Airports Division 
Manager at least 30 days before the proposed effective date of the 
amendment, unless a shorter filing period is allowed by that office.
    (c) At any time within 30 days after receiving a notice of refusal 
to approve the application for amendment, the certificate holder may 
petition the Associate Administrator for Airports to reconsider the 
refusal to amend.
    (d) In the case of amendments initiated by the Regional Airports 
Division Manager, the office notifies the certificate holder of the 
proposed amendment, in writing, fixing a reasonable period (but not 
less than 7 days) within which the certificate holder may submit 
written information, views, and arguments on the amendment. After 
considering all relevant material presented, the Regional Airports 
Division Manager notifies within 30 days the certificate holder of any 
amendment adopted or rescinds the notice. The amendment becomes 
effective not less than 30 days after the certificate holder receives 
notice of it, except that prior to the effective date the certificate 
holder may petition the Associate Administrator for Airports to 
reconsider the amendment, in which case its effective date is stayed 
pending a decision by the Associate Administrator for Airports.
    (e) Notwithstanding the provisions of paragraph (d) of this 
section, if the Regional Airports Division Manager finds that there is 
an emergency requiring immediate action with respect to safety in air 
transportation, the Regional Airports Division Manager may issue an 
amendment, effective without stay on the date the certificate holder 
receives notice of it. In such a case, the Regional Airports Division 
Manager incorporates the finding of the

[[Page 38675]]

emergency, and a brief statement of the reasons for the finding, in the 
notice of the amendment. Within 30 days after the issuance of such an 
emergency amendment, the certificate holder may petition the Associate 
Administrator for Airports to reconsider either the finding of an 
emergency or the amendment itself or both. This petition does not 
automatically stay the effectiveness of the emergency amendment.

Subpart D--Operations


Sec. 139.301  Records.

    In a manner authorized by the Administrator, each certificate 
holder shall:
    (a) Furnish upon request by the Administrator all records required 
to be maintained under this part.
    (b) If air carrier operations are less than 10,000 annually, make 
and maintain a record of air carrier operations, by type of aircraft, 
that occurred at the airport during previous 24 consecutive calendar 
months.
    (c) Make and maintain any additional records required by the 
Administrator, this part and the airport certification manual, 
including, but not limited to, the following recordkeeping requirements 
of this part:
    (1) Sec. 139.303, Personnel.
    (2) Sec. 139.319, Aircraft rescue and firefighting: Operational 
requirements.
    (3) Sec. 139.323, Handling and storing of hazardous substances and 
materials.
    (4) Sec. 139.329, Self-inspection program.
    (5) Sec. 139.331, Ground vehicles.
    (6) Sec. 139.341, Airport condition reporting.


Sec. 139.303  Personnel.

    In a manner authorized by the Administrator, each certificate 
holder shall:
    (a) Provide sufficient and qualified personnel to comply with the 
requirements of its airport certification manual and the requirements 
of this part.
    (b) Equip personnel with sufficient resources needed to comply with 
the requirements of this part.
    (c) Provide personnel with initial and recurrent training necessary 
to perform their duties.
    (d) Maintain records of all training given to each individual under 
this section for a period of 24 consecutive calendar months after 
completion of training. Such records shall include, at a minimum, a 
description and date of training received.


Sec. 139.305  Paved areas.

    (a) In a manner authorized by the Administrator, each certificate 
holder shall maintain, and promptly repair the pavement of, each 
runway, taxiway, loading ramp, and parking area on the airport that is 
available for air carrier use as follows:
    (1) The pavement edges shall not exceed 3 inches difference in 
elevation between abutting pavement sections, and between pavement and 
abutting areas.
    (2) The pavement shall have no hole exceeding 3 inches in depth, 
nor any hole the slope of which from any point in the hole to the 
nearest point at the lip of the hole is 45 degrees or greater, as 
measured from the pavement surface plane, unless, in either case, the 
entire area of the hole can be covered by a 5-inch diameter circle.
    (3) The pavement shall be free of cracks and surface variations 
that could impair directional control of air carrier aircraft.
    (4) Except as provided in paragraph (b) of this section, mud, dirt, 
sand, loose aggregate, debris, foreign objects, rubber deposits, and 
other contaminants shall be removed promptly and as completely as 
practicable.
    (5) Except as provided in paragraph (b) of this section, any 
chemical solvent that is used to clean any pavement area shall be 
removed as soon as possible, consistent with the instructions of the 
manufacturer of the solvent.
    (6) The pavement shall be sufficiently drained and free of 
depressions to prevent ponding that obscures markings or impairs safe 
aircraft operations.
    (b) Paragraphs (a)(4) and (a)(5) of this section do not apply to 
snow and ice accumulations and their control, including the associated 
use of materials such as sand and deicing solutions.
    (c) FAA Advisory Circulars contain methods and procedures for the 
maintenance and configuration of paved areas that are acceptable to the 
Administrator.


Sec. 139.307  Unpaved areas.

    (a) In a manner authorized by the Administrator, each certificate 
holder shall maintain and promptly repair the surface of each gravel, 
turf, or other unpaved runway, taxiway, or loading ramp and parking 
area on the airport which is available for air carrier use as follows:
    (1) No slope from the edge of the full-strength surfaces downward 
to the existing terrain shall be steeper than 2:1.
    (2) The full-strength surfaces shall have adequate crown or grade 
to assure sufficient drainage to prevent ponding.
    (3) The full-strength surfaces shall be adequately compacted and 
sufficiently stable to prevent rutting by aircraft, or the loosening or 
build-up of surface material which could impair directional control of 
aircraft or drainage.
    (4) The full-strength surfaces must have no holes or depressions 
which exceed 3 inches in depth and are of a breadth capable of 
impairing directional control or causing damage to an aircraft.
    (5) Debris and foreign objects shall be promptly removed from the 
surface.
    (b) FAA Advisory Circulars contain methods and procedures for the 
maintenance and configuration of unpaved areas that are acceptable to 
the Administrator.


Sec. 139.309  Safety areas.

    (a) Unless otherwise specified in the airport certification manual, 
each certificate holder shall, in a manner authorized by the 
Administrator, provide and maintain for each runway and taxiway that is 
available for air carrier use--
    (1) If the runway or taxiway had a safety area on December 31, 
1987, and if no reconstruction or significant expansion of the runway 
or taxiway was begun on or after January 1, 1988, a safety area of at 
least the dimensions that existed on December 31, 1987; or
    (2) If construction, reconstruction, or significant expansion of 
the runway or taxiway began on or after January 1, 1988, a safety area 
that is authorized by the Administrator at the time construction, 
reconstruction, or expansion began.
    (b) Each certificate holder shall maintain its safety areas as 
follows:
    (1) Each safety area shall be cleared and graded, and have no 
potentially hazardous ruts, humps, depressions, or other surface 
variations.
    (2) Each safety area shall be drained by grading or storm sewers to 
prevent water accumulation.
    (3) Each safety area shall be capable under dry conditions of 
supporting snow removal equipment, and aircraft rescue and firefighting 
equipment, and supporting the occasional passage of aircraft without 
causing major damage to the aircraft.
    (4) No object may be located in any safety area, except for objects 
that need to be located in a safety area because of their function. 
These objects shall be constructed, to the extent practical, on 
frangibly mounted structures of the lowest practical height with the 
frangible point no higher than 3 inches above grade.
    (c) FAA Advisory Circulars contain methods and procedures for the 
configuration and maintenance of safety areas acceptable to the 
Administrator.


Sec. 139.311  Marking, signs, and lighting.

    (a) Marking. Each certificate holder shall provide and maintain 
marking

[[Page 38676]]

systems for air carrier operations on the airport that are authorized 
by the Administrator and consists of at least the following:
    (1) Runway markings meeting the specifications for takeoff and 
landing minimums for each runway as authorized by the Administrator.
    (2) Taxiway centerline.
    (3) Edge markings, as appropriate.
    (4) Holding position markings.
    (5) ILS critical area markings.
    (b) Signs. (1) Each certificate holder shall provide and maintain 
sign systems for air carrier operations on the airport that are 
authorized by the Administrator and consist of at least the following:
    (i) Signs identifying taxiing routes on the movement area.
    (ii) Holding position signs.
    (iii) Instrument landing system (ILS) critical area signs.
    (2) Unless otherwise authorized by the Administrator, the signs 
required by paragraph (b)(1) of this section shall be internally-
illuminated at each Class I, II, and IV airport.
    (3) Unless otherwise authorized by the Administrator, the signs 
required by paragraphs (b)(1) (ii) and (iii) of this section shall be 
internally-illuminated at each Class III airport.
    (c) Lighting. Each certificate holder shall provide and maintain 
lighting systems for air carrier operations when the airport is open at 
night, during conditions below VFR minimums, or in Alaska, during 
periods a prominent unlighted object cannot be seen from a distance of 
3 statute miles or the sun is more than 6 degrees below the horizon. 
This lighting systems shall be authorized by the Administrator and 
consist of at least the following:
    (1) Runway lighting meeting the specifications for takeoff and 
landing minimums for each runway as authorized by the Administrator.
    (2) One of the following taxiway lighting systems:
    (i) Centerline lights.
    (ii) Centerline reflectors.
    (iii) Edge lights.
    (iv) Edge reflectors.
    (3) An airport beacon.
    (4) Approach lighting meeting the specifications for takeoff and 
landing minimums for each runway as authorized by the Administrator, 
unless otherwise provided and maintained by the FAA or another 
government agency.
    (5) Obstruction marking and lighting, as appropriate, on each 
object within its authority which has been determined by the FAA to be 
an obstruction.
    (d) Maintenance. Each certificate holder shall properly maintain 
each marking, sign, or lighting system installed and operated on the 
airport. As used in this section, to ``properly maintain'' includes: To 
clean, replace, or repair any faded, missing, or nonfunctional item; to 
keep each item unobscured and clearly visible; and to ensure that each 
item provides an accurate reference to the user.
    (e) Lighting interference. Each certificate holder shall ensure 
that all lighting on the airport, including that for aprons, vehicle 
parking areas, roadways, fuel storage areas, and buildings, is 
adequately adjusted or shielded to prevent interference with air 
traffic control and aircraft operations.
    (f) Standards. FAA Advisory Circulars contain methods and 
procedures for the equipment, material, installation, and maintenance 
of marking, sign, and lighting systems listed in this section that are 
acceptable to the Administrator.
    (g) Implementation. The sign systems required under paragraph 
(b)(3) of this section shall be implemented by each holder of a Class 
III airport operating certificate not later than 36 consecutive 
calendar months after [the effective date of the final rule].


Sec. 139.313  Snow and ice control.

    (a) As determined by the Administrator, each certificate holder 
whose airport is located where snow and icing conditions occur shall 
prepare, maintain, and carry out a snow and ice control plan in a 
manner authorized by the Administrator.
    (b) The snow and ice control plan required by this section shall 
include, at a minimum, instructions and procedures for--
    (1) Prompt removal or control, as completely as practical, of snow, 
ice, and slush on each movement area;
    (2) Positioning snow off the movement area surfaces so that all air 
carrier aircraft propellers, engine pods, rotors, and wingtips will 
clear any snowdrift and snowbank as the aircraft's landing gear 
traverses any portion of the movement area;
    (3) Selection and application of authorized materials for snow and 
ice control to ensure that they adhere to snow and ice sufficiently to 
minimize engine ingestion;
    (4) Timely commencement of snow and ice control operations; and
    (5) Prompt notification, in accordance with Sec. 139.341, of all 
air carriers using the airport when any portion of the movement area 
normally available to them is less than satisfactorily cleared for safe 
operation by their aircraft.
    (c) FAA Advisory Circulars contain methods and procedures for snow 
and ice control equipment, materials, and procedures for snow and ice 
control that are acceptable to the Administrator.


Sec. 139.315  Aircraft rescue and firefighting: Index determination.

    (a) An Index is required by paragraph (c) of this section for each 
certificate holder. The Index is determined by a combination of--
    (1) The length of air carrier aircraft; and
    (2) Average daily departures of air carrier aircraft.
    (b) For the purpose of Index determination, air carrier aircraft 
lengths are grouped as follows:
    (1) Index A includes aircraft less than 90 feet in length.
    (2) Index B includes aircraft at least 90 feet but less than 126 
feet in length.
    (3) Index C includes aircraft at least 126 feet but less than 159 
feet in length.
    (4) Index D includes aircraft at least 159 feet but less than 200 
feet in length.
    (5) Index E includes aircraft at least 200 feet in length.
    (c) Except as provided in Sec. 139.319(c), if there are five or 
more average daily departures of air carrier aircraft in a single Index 
group serving that airport, the longest aircraft with an average of 5 
or more daily departures determines the Index required for the airport. 
When there are fewer than five average daily departures of the longest 
air carrier aircraft serving the airport, the Index required for the 
airport will be the next lower Index group than the Index group 
prescribed for that aircraft.
    (d) The minimum designated Index shall be Index A.


Sec. 139.317  Aircraft rescue and firefighting: Equipment and agents.

    Unless otherwise authorized by the Administrator, the following 
rescue and firefighting equipment and agents are the minimum required 
for the Indexes referred to in Sec. 139.315:
    (a) Index A. One vehicle carrying at least--
    (1) 500 pounds of sodium-based dry chemical, halon 1211, or clean 
agent; or
    (2) 450 pounds of potassium-based dry chemical and water with a 
commensurate quantity of AFFF to total 100 gallons, for simultaneous 
dry chemical and AFFF foam application.
    (b) Index B. Either of the following:
    (1) One vehicle carrying at least 500 pounds of sodium-based dry 
chemical, halon 1211, or clean agent, and 1,500 gallons of water, and 
the commensurate quantity of AFFF for foam production.
    (2) Two vehicles--
    (i) One vehicle carrying the extinguishing agents as specified in 
paragraph (a)(1) or (2) of this section; and
    (ii) One vehicle carrying an amount of water and the commensurate 
quantity of AFFF so that the total quantity of water

[[Page 38677]]

for foam production carried by both vehicles is at least 1,500 gallons.
    (c) Index C. Either of the following:
    (1) Three vehicles--
    (i) One vehicle carrying the extinguishing agents as specified in 
paragraph (a)(1) or (2) of this section; and
    (ii) Two vehicles carrying an amount of water and the commensurate 
quantity of AFFF so that the total quantity of water for foam 
production carried by all three vehicles is at least 3,000 gallons.
    (2) Two vehicles--
    (i) One vehicle carrying the extinguishing agents as specified in 
paragraph (b)(1) of this section; and
    (ii) One vehicle carrying water and the commensurate quantity of 
AFFF so that the total quantity of water for foam production carried by 
both vehicles is at least 3,000 gallons.
    (d) Index D. Three vehicles--
    (1) One vehicle carrying the extinguishing agents as specified in 
paragraph (a)(1) or (2) of this section; and
    (2) Two vehicles carrying an amount of water and the commensurate 
quantity of AFFF so that the total quantity of water for foam 
production carried by all three vehicles is at least 4,000 gallons.
    (e) Index E. Three vehicles--
    (1) One vehicle carrying the extinguishing agents as specified in 
paragraph (a)(1) or (2) of this section; and
    (2) Two vehicles carrying an amount of water and the commensurate 
quantity of AFFF so that the total quantity of water for foam 
production carried by all three vehicles is at least 4,000 gallons.
    (f) Existing vehicles. Notwithstanding the provisions of paragraphs 
(a) through (e) of this section, any certificate holder whose vehicles 
met the requirements of this part for quantity and type of 
extinguishing agent on December 31, 1987, may comply with the Index 
requirements of this section by carrying extinguishing agents to the 
full capacity of those vehicles. Whenever any of those vehicles is 
replaced or rehabilitated, the capacity of the replacement or 
rehabilitated vehicle shall be sufficient to comply with the provisions 
of the required Index under this section.
    (g) Foam discharge capacity. Each aircraft rescue and firefighting 
vehicle used to comply with Index B, C, D, or E requirements with a 
capacity of at least 500 gallons of water for foam production shall be 
equipped with a turret. Vehicle turret discharge capacity shall be as 
follows:
    (1) Each vehicle with a minimum rated vehicle water tank capacity 
of at least 500 gallons but less than 2,000 gallons shall have a turret 
discharge rate of at least 500 gallons per minute but not more than 
1,000 gallons per minute.
    (2) Each vehicle with a minimum rated vehicle water tank capacity 
of at least 2,000 gallons shall have a turret discharge rate of at 
least 600 gallons per minute but not more than 1,200 gallons per 
minute.
    (3) Notwithstanding the requirements of this paragraph (g), any 
certificate holder whose aircraft rescue and firefighting vehicles are 
not equipped with turrets or do not have the discharge capacity 
required in this section, but otherwise met the requirements of this 
part on December 31, 1987, need not comply with this paragraph (g) for 
a particular vehicle until that vehicle is replaced or rehabilitated.
    (h) Agent discharge capacity. Each aircraft rescue and firefighting 
vehicle which is required to carry dry chemical, halon 1211, or clean 
agent for compliance with the index requirements of this section must 
meet one of the following minimum discharge rates for the equipment 
installed:
    (1) Dry chemical, halon 1211, or clean agent through a hand line, 5 
pounds per second.
    (2) Dry chemical, halon 1211, or clean agent through a turret, 16 
pounds per second.
    (i) Extinguishing agent substitutions. Other extinguishing agent 
substitutions authorized by the Administrator may be made in amounts 
that provide equivalent firefighting capability.
    (j) AFFF Quantity Requirements. In addition to the quantity of 
water required, each vehicle required to carry AFFF shall carry AFFF in 
an appropriate amount to mix with twice the water required to be 
carried by the vehicle.
    (k) Methods and procedures. FAA Advisory Circulars in the 150 
series contain standards and procedures for ARFF equipment and 
extinguishing agents that are acceptable to the Administrator.
    (l) Implementation. Each holder of a Class II, III, or IV airport 
operating certificate shall implement the requirements of this section 
no later than 24 consecutive calendar months after [the effective date 
of the final rule].


Sec. 139.319  Aircraft rescue and firefighting: Operational 
requirements.

    (a) Rescue and firefighting capability. Except as provided in 
paragraph (c) of this section, each certificate holder shall provide on 
the airport, during air carrier operations at the airport, at least the 
rescue and firefighting capability specified for the Index required by 
Sec. 139.317 in a manner authorized by the Administrator.
    (b) Increase in Index. Except as provided in paragraph (c) of this 
section, if an increase in the average daily departures or the length 
of air carrier aircraft results in an increase in the Index required by 
paragraph
    (a) of this section, the certificate holder shall comply with the 
increased requirements.
    (c) Reduction in rescue and firefighting. During air carrier 
operations with only aircraft shorter than the Index aircraft group 
required by paragraph (a) of this section, the certificate holder may 
reduce the rescue and firefighting to a lower level corresponding to 
the Index group of the longest air carrier aircraft being operated.
    (d) Procedures for reduction in capability. Any reduction in the 
rescue and firefighting capability from the Index required by paragraph 
(a) of this section in accordance with paragraph (c) of this section 
shall be subject to the following conditions:
    (1) Procedures for, and the persons having the authority to 
implement, the reductions must be included in the airport certification 
manual.
    (2) A system and procedures for recall of the full aircraft rescue 
and firefighting capability must be included in the airport 
certification manual.
    (3) The reductions may not be implemented unless notification to 
air carriers is provided in the Airport/Facility Directory or Notices 
to Airmen (NOTAM), as appropriate, and by direct notification of local 
air carriers.
    (e) Vehicle communications. Each vehicle required under 
Sec. 139.317 shall be equipped with two-way voice radio communications 
that provides for contact with at least--
    (1) Each other required emergency vehicle;
    (2) The air traffic control tower, if it is located on the airport; 
and
    (3) Other stations, as specified in the airport emergency plan.
    (f) Vehicle marking and lighting. Each vehicle required under 
Sec. 139.317 shall--
    (1) Have a flashing or rotating beacon; and
    (2) Be painted or marked in colors to enhance contrast with the 
background environment and optimize daytime and nighttime visibility 
and identification.
    (g) Vehicle readiness. Each vehicle required under Sec. 139.317 
shall be maintained as follows:
    (1) The vehicle and its systems shall be maintained so as to be 
operationally capable of performing the functions required by this 
subpart during all air carrier operations.
    (2) If the airport is located in a geographical area subject to 
prolonged

[[Page 38678]]

temperatures below 33 degrees Fahrenheit, the vehicles shall be 
provided with cover or other means to ensure equipment operation and 
discharge under freezing conditions.
    (3) Any required vehicle that becomes inoperative to the extent 
that it cannot perform as required by paragraph (h)(1) of this section 
shall be replaced immediately with equipment having at least equal 
capabilities. If replacement equipment is not available immediately, 
the certificate holder shall so notify the Regional Airports Division 
Manager and each air carrier using the airport in accordance with 
Sec. 139.341. If the required Index level of capability is not restored 
within 48 hours, the airport operator, unless otherwise authorized by 
the Administrator, shall limit air carrier operations on the airport to 
those compatible with the Index corresponding to the remaining 
operative rescue and firefighting equipment.
    (h) Response requirements. (1) With the airport rescue and fire-
fighting equipment required under this part and the number of trained 
personnel which will assure an effective operation, each certificate 
holder shall--
    (i) Respond to each emergency during periods of air carrier 
operations; and
    (ii) When requested by the Administrator, demonstrate compliance 
with the response requirements specified in this section.
    (2) The response required by paragraph (h)(1)(ii) of this section 
shall achieve the following performance:
    (i) Within 3 minutes from the time of the alarm, at least one 
required airport rescue and firefighting vehicle shall reach the 
midpoint of the farthest runway serving air carrier aircraft from its 
assigned post, or reach any other specified point of comparable 
distance on the movement area which is available to air carriers, and 
begin application of extinguishing agent.
    (ii) Within 4 minutes from the time of alarm, all other required 
vehicles shall reach the point specified in paragraph (h)(2)(i) of this 
section from their assigned post and begin application of extinguishing 
agent.
    (i) Personnel. Each certificate holder shall ensure the following:
    (1) All rescue and firefighting personnel are equipped in a manner 
authorized by the Administrator with protective clothing and equipment 
needed to perform their duties.
    (2) All rescue and firefighting personnel are properly trained to 
perform their duties in a manner authorized by the Administrator. Such 
personnel shall be trained prior to initial performance of rescue and 
firefighting duties, and receive recurrent instruction every 12 
consecutive calendar months. Curriculum for initial and recurrent 
training shall include at least the following areas:
    (i) Airport familiarization.
    (ii) Aircraft familiarization.
    (iii) Rescue and firefighting personnel safety.
    (iv) Emergency communications systems on the airport, including 
fire alarms.
    (v) Use of the fire hoses, nozzles, turrets, and other appliances 
required for compliance with this part.
    (vi) Application of the types of extinguishing agents required for 
compliance with this part.
    (vii) Emergency aircraft evacuation assistance.
    (viii)Firefighting operations.
    (ix) Adapting and using structural rescue and firefighting 
equipment for aircraft rescue and firefighting.
    (x) Aircraft cargo hazards, including hazardous materials/dangerous 
goods incidents.
    (xi) Familiarization with firefighters' duties under the airport 
emergency plan.
    (3) All rescue and firefighting personnel participate in at least 
one live-fire drill every 12 consecutive calendar months.
    (4) At least one of the required personnel on duty during air 
carrier operations has been trained and is current in basic emergency 
medical services. Such personnel shall be trained prior to initial 
performance of emergency medical services, and receive recurrent 
instruction every 12 consecutive calendar months. Training shall 
include at least 40 hours covering the following areas:
    (i) Bleeding.
    (ii) Cardiopulmonary resuscitation.
    (iii) Shock.
    (iv) Primary patient survey.
    (v) Injuries to the skull, spine, chest, and extremities.
    (vi) Internal injuries.
    (vii) Moving patients.
    (viii) Burns.
    (ix) Triage.
    (5) Each certificate holder shall maintain a record of all training 
given to each individual under this section for 24 consecutive calendar 
months after completion of training. Such records shall include, at a 
minimum, a description and date of training received.
    (6) Sufficient rescue and firefighting personnel are available 
during all air carrier operations to operate the vehicles, meet the 
response times, and meet the minimum agent discharge rates required by 
this part;
    (7) Procedures and equipment are established and maintained for 
alerting rescue and firefighting personnel by siren, alarm, or other 
means authorized by the Administrator, to any existing or impending 
emergency requiring their assistance.
    (j) Hazardous materials guidance. Each aircraft rescue and 
firefighting vehicle responding to an emergency on the airport shall be 
equipped with, or have available through a direct communications link, 
the North American Emergency Response Guidebook published by the U.S. 
Department of Transportation or similar response guidance to hazardous 
materials/dangerous goods incidents.
    (k) Emergency access roads. Each certificate holder shall ensure 
that roads which are designated for use as emergency access roads for 
aircraft rescue and firefighting vehicles are maintained in a condition 
that will support those vehicles during all-weather conditions.
    (l) Methods and procedures. FAA Advisory Circulars contain methods 
and procedures for ARFF and emergency medical equipment and training 
that are acceptable to the Administrator.
    (m) Implementation. Each holder of a Class II, III, or IV airport 
operating certificate shall implement the requirements of this section 
no later than 24 consecutive calendar months after [the effective date 
of the final rule].


Sec. 139.321  Aircraft rescue and firefighting: Exemptions.

    (a) Under Sec. 139.111, a certificate holder may petition the 
Associate Administrator for Airports for an exemption from ARFF 
requirements of Secs. 139.317 and 139.319.
    (b) Each petition filed under this section must--
    (1) Be submitted in writing at least 120 days before the proposed 
effective date of the exemption;
    (2) Be submitted in duplicate to the Regional Airports Division 
Manager;
    (3) Set forth the text of Sec. 139.317 or Sec. 139.319 from which 
the exemption is sought;
    (4) Explain the interest of the certificate holder in the action 
requested, including the nature and extent of relief sought, and 
alternative means of compliance proposed; and
    (5) Contain information, views, or arguments that demonstrates that 
the requirements of Sec. 139.317 or Sec. 139.319 would be unreasonably 
costly, burdensome, or impractical.
    (c) The Associate Administrator for Airports may grant an exemption 
to the requirements of Secs. 139.317 and 139.319 if it is determined 
that--

[[Page 38679]]

    (1) The certificate holder's compliance with the requirements of 
Secs. 139.317 and 139.319 would be unreasonably costly, burdensome, or 
impractical; and
    (2) The exemption granted would provide a level of safety in 
responding to emergencies involving air carrier operations that is 
equivalent to the rescue and firefighting response required under 
Secs. 139.317 and 139.319. In determining whether to grant an 
exemption, the Administrator shall consider the certificate holder's 
provisions for the following:
    (i) Pre-arranged firefighting and basic emergency medical response 
that is on-airport 15 minutes before and 15 minutes after an air 
carrier aircraft takes off or lands;
    (ii) Capability of responding emergency equipment and fire 
extinguishing agents to address aircraft fire and rescue situations;
    (iii) Initial and recurrent training of responding personnel on the 
use of emergency equipment, basic emergency medical response, and 
airport familiarization;
    (iv) Procedures to provide replacement emergency equipment or 
personnel in the event pre-arranged firefighting and basic emergency 
medical response specified in paragraph (c)(2)(i) of this section 
becomes unavailable; and
    (v) Planned action to come into compliance with the rescue and 
firefighting response requirements of Secs. 139.317 and 139.319.
    (d) Upon approval of the petition, the certificate holder shall 
include in the airport certification manual the exemption approved 
under paragraph (c) of this section.


Sec. 139.323  Handling and storing of hazardous substances and 
materials.

    (a) Each certificate holder which acts as a cargo handling agent 
shall establish and maintain procedures for the protection of persons 
and property on the airport during the handling and storing of any 
material regulated by the Hazardous Materials Regulations (49 CFR parts 
171 through 180), that is, or is intended to be, transported by air. 
These procedures shall provide for at least the following:
    (1) Designated personnel to receive and handle hazardous substances 
and materials.
    (2) Assurance from the shipper that the cargo can be handled 
safely, including any special handling procedures required for safety.
    (3) Special areas for storage of hazardous materials while on the 
airport.
    (b) Each certificate holder shall establish and maintain standards 
authorized by the Administrator for protecting against fire and 
explosions in storing, dispensing, and otherwise handling fuel, 
lubricants, and oxygen (other than articles and materials that are, or 
are intended to be, aircraft cargo) on the airport. These standards 
shall cover facilities, procedures, and personnel training and shall 
address at least the following:
    (1) Bonding.
    (2) Public protection.
    (3) Control of access to storage areas.
    (4) Fire safety in fuel farm and storage areas.
    (5) Fire safety in mobile fuelers, fueling pits, and fueling 
cabinets.
    (6) Training of fueling personnel in fire safety in accordance with 
paragraph (e) of this section. Such training at Class III airports must 
be completed within 12 consecutive calendar months after [the effective 
date of the final rule].
    (7) The fire code of the public body having jurisdiction over the 
airport.
    (c) Each certificate holder shall, as a fueling agent, comply with, 
and require all other fueling agents operating on the airport to comply 
with, the standards established under paragraph (b) of this section and 
shall perform reasonable surveillance of all fueling activities on the 
airport with respect to those standards.
    (d) Each certificate holder shall inspect the physical facilities 
of each airport tenant fueling agent at least once every 3 consecutive 
calendar months for compliance with paragraph (b) of this section and 
maintain a record of that inspection for at least 12 consecutive 
calendar months. The certificate holder may use an independent 
organization to perform this inspection if--
    (1) It is authorized by the Administrator; and
    (2) It prepares a record of its inspection sufficiently detailed to 
assure the certificate holder and the FAA that the inspection is 
adequate.
    (e) The training required in paragraph (b)(6) of this section shall 
include at least the following:
    (1) At least one supervisor with each fueling agent shall have 
completed an aviation fuel training course in fire safety that is 
authorized by the Administrator. Such an individual shall be trained 
prior to initial performance of duties, and receive recurrent 
instruction every 24 consecutive calendar months.
    (2) All other employees who fuel aircraft, accept fuel shipments, 
or otherwise handle fuel shall receive at least on-the job training and 
recurrent instruction every 12 consecutive calendar months in fire 
safety from the supervisor trained in accordance with paragraph (e)(1) 
of this section.
    (f) Each certificate holder shall obtain written confirmation once 
every 12 consecutive calendar months from each airport tenant fueling 
agent that the training required by paragraph (e) of this section has 
been accomplished.
    (g) Unless otherwise authorized by the Administrator, each 
certificate holder shall require each tenant fueling agent to take 
immediate corrective action whenever the certificate holder becomes 
aware of noncompliance with a standard required by paragraph (b) of 
this section. The certificate holder shall notify the appropriate FAA 
Regional Airports Division Manager immediately when noncompliance is 
discovered and corrective action cannot be accomplished within a 
reasonable period of time.
    (h) FAA Advisory Circulars contain methods and procedures for the 
handling and storage of hazardous substances and materials that are 
acceptable to the Administrator.


Sec. 139.325  Traffic and wind direction indicators.

    In a manner authorized by the Administrator, each certificate 
holder shall provide the following on its airport:
    (a) A wind cone that provides surface wind direction information 
visually to pilots. Supplemental wind cones must be installed at each 
runway end or at least at one point visible to the pilot while on final 
approach and prior to takeoff. If the airport is open for air carrier 
operations during hours of darkness, the wind direction indicators, 
including the required supplemental indicators, must be lighted.
    (b) For airports serving any air carrier operation when there is no 
control tower operating, a landing strip and traffic pattern indicator 
for each runway with a right-hand traffic pattern. If there is no 
segmented circle, such landing strip and traffic pattern indicators 
must be installed on or near the end of the runway.
    (c) FAA Advisory Circulars contain methods and standards for the 
installation, lighting and maintenance of wind cones and segmented 
circles that are acceptable to the Administrator.


Sec. 139.327  Airport emergency plan.

    (a) In a manner authorized by the Administrator, each certificate 
holder shall develop and maintain an airport emergency plan designed to 
minimize the possibility and extent of personal injury and property 
damage on the airport in an emergency. The plan shall--

[[Page 38680]]

    (1) Include procedures for prompt response to all of the 
emergencies listed in paragraph (b) of this section, including a 
communications network; and
    (2) Sufficient detail to provide adequate guidance to each person 
who must implement it; and
    (3) To extent practicable, provide for emergency response for the 
largest air carrier aircraft that the airport reasonably can be 
expected to serve.
    (b) The plan required by this section must contain instructions for 
response to--
    (1) Aircraft incidents and accidents;
    (2) Bomb incidents, including designated parking areas for the 
aircraft involved;
    (3) Structural fires;
    (4) Fires at fuel farms or fuel storage areas;
    (5) Natural disaster;
    (6) Hazardous materials/dangerous goods incidents;
    (7) Sabotage, hijack incidents, and other unlawful interference 
with operations;
    (8) Failure of power for movement area lighting; and
    (9) Water rescue situations, as appropriate.
    (c) The plan required by this section must address or include--
    (1) To the extent practicable, provisions for medical services 
including transportation and medical assistance for the maximum number 
of persons that can be carried on the largest air carrier aircraft that 
the airport reasonably can be expected to serve;
    (2) The name, location, telephone number, and emergency capability 
of each hospital and other medical facility, and the business address 
and telephone number of medical personnel on the airport or in the 
communities it serves, agreeing to provide medical assistance or 
transportation;
    (3) The name, location, and telephone number of each rescue squad, 
ambulance service, military installation, and government agency on the 
airport or in the communities it serves, that agrees to provide medical 
assistance or transportation;
    (4) An inventory of surface vehicles and aircraft that the 
facilities, agencies, and personnel included in the plan under 
paragraphs (c)(2) and (c)(3) of this section will provide to transport 
injured and deceased persons to locations on the airport and in the 
communities it serves;
    (5) Each hangar or other building on the airport or in the 
communities it serves that will be used to accommodate uninjured, 
injured, and deceased persons;
    (6) Crowd control, specifying the name and location of each safety 
or security agency that agrees to provide assistance for the control of 
crowds in the event of an emergency on the airport; and
    (7) The removal of disabled aircraft including to the extent 
practical the name, location and telephone numbers of agencies with 
aircraft removal responsibilities or capabilities.
    (d) The plan required by this section must provide for--
    (1) The marshalling, transportation, and care of ambulatory injured 
and uninjured accident survivors;
    (2) The removal of disabled aircraft;
    (3) Emergency alarm or notification systems; and
    (4) Coordination of airport and control tower functions relating to 
emergency actions, as appropriate.
    (e) The plan required by this section shall contain procedures for 
notifying the facilities, agencies, and personnel who have 
responsibilities under the plan of the location of an aircraft 
accident, the number of persons involved in that accident, or any other 
information necessary to carry out their responsibilities, as soon as 
that information is available.
    (f) The plan required by this section shall contain provisions, to 
the extent practicable, for the rescue of aircraft accident victims 
from significant bodies of water or marsh lands adjacent to the airport 
which are crossed by the approach and departure flight paths of air 
carriers. A body of water or marsh land is significant if the area 
exceeds one-quarter square mile and cannot be traversed by conventional 
land rescue vehicles. To the extent practicable, the plan shall provide 
for rescue vehicles with a combined capacity for handling the maximum 
number of persons that can be carried on board the largest air carrier 
aircraft that the airport reasonably can be expected to serve.
    (g) Each certificate holder shall--
    (1) Coordinate its plan with law enforcement agencies, rescue and 
firefighting agencies, medical personnel and organizations, the 
principal tenants at the airport, and all other persons who have 
responsibilities under the plan;
    (2) To the extent practicable, provide for participation by all 
facilities, agencies, and personnel specified in paragraph (g)(1) of 
this section in the development of the plan;
    (3) Ensure that all airport personnel having duties and 
responsibilities under the plan are familiar with their assignments and 
are properly trained; and
    (4) At least once every 12 consecutive calendar months, review the 
plan with all of the parties with whom the plan is coordinated as 
specified in paragraph (g)(1) of this section, to ensure that all 
parties know their responsibilities and that all of the information in 
the plan is current.
    (h) Each holder of a Class I airport operating certificate shall 
hold a full-scale airport emergency plan exercise at least once every 
36 consecutive calendar months.
    (i) FAA Advisory Circulars contain methods and procedures for the 
development of an airport emergency plan that are acceptable to the 
Administrator.
    (j) The emergency plan required by this section shall be submitted 
by each holder of a Class II, III, or IV airport operating certificate 
no later than 12 consecutive calendar months after [the effective date 
of the final rule.]


Sec. 139.329  Self-inspection program.

    (a) In a manner authorized by the Administrator, each certificate 
holder, or designee, shall inspect the airport to assure compliance 
with this subpart--
    (1) Daily, except as otherwise required by the airport 
certification manual;
    (2) When required by any unusual condition such as construction 
activities or meteorological conditions that may affect safe air 
carrier operations; and
    (3) Immediately after an accident or incident.
    (b) Each certificate holder shall provide the following:
    (1) Equipment for use in conducting safety inspections of the 
airport;
    (2) Procedures, facilities, and equipment for reliable and rapid 
dissemination of information between airport personnel and its air 
carriers;
    (3) Procedures to ensure that qualified inspection personnel 
perform the inspections, as specified under Sec. 139.303; and are 
trained annually in least the following areas:
    (i) Airport familiarization.
    (ii) Airport emergency plan.
    (iii) Notice to Airmen (NOTAM) notification procedures.
    (iv) Ground vehicle operations.
    (v) Discrepancy reporting procedures.
    (vi) Airport marking, lighting and sign systems; and
    (4) A reporting system to ensure prompt correction of unsafe 
airport conditions noted during the inspection, including wildlife 
strikes.
    (c) Each certificate holder shall prepare and keep for at least 6 
consecutive calendar months, and make available for inspection by the 
Administrator on request, a record of each inspection prescribed by 
this section, showing the conditions found and all corrective actions 
taken.

[[Page 38681]]

    (d) FAA Advisory Circulars contain methods and procedures for the 
conduct of airport self-inspections that are acceptable to the 
Administrator.


Sec. 139.331  Ground vehicles.

    In a manner authorized by the Administrator, each certificate 
holder shall--
    (a) Limit access to movement areas and safety areas only to those 
ground vehicles necessary for airport operations;
    (b) Establish and implement procedures for the safe and orderly 
access to, and operation on, the movement area and safety areas by 
ground vehicles, including provisions identifying the consequences of 
noncompliance with the procedures by an employee, tenant, or 
contractor;
    (c) When an air traffic control tower is in operation, ensure that 
each ground vehicle operating on the movement area is controlled by one 
of the following:
    (1) Two-way radio communications between each vehicle and the 
tower;
    (2) An escort vehicle with two-way radio communications with the 
tower to accompany any vehicle without a radio; or
    (3) Measures authorized by the Administrator for controlling 
vehicles, such as signs, signals, or guards, when it is not 
operationally practical to have two-way radio communications with the 
vehicle or an escort vehicle;
    (d) When an air traffic control tower is not in operation, provide 
adequate procedures to control ground vehicles on the movement area 
through prearranged signs or signals;
    (e) Ensure that each employee, tenant, or contractor who operates a 
ground vehicle on any portion of the airport that has access to the 
movement area is familiar with the airport's procedures for the 
operation of ground vehicles and the consequences of noncompliance; and
    (f) On request by the Administrator, make available for inspection 
any record of accidents or incidents on the movement areas involving 
air carrier aircraft and/or ground vehicles.


Sec. 139.333  Obstructions.

    In a manner authorized by the Administrator, each certificate 
holder shall ensure that each object in each area within its authority 
which exceeds any of the heights or penetrates the imaginary surfaces 
described in part 77 of this chapter is either removed, marked, or 
lighted. However, removal, marking, and lighting are not required if 
they are determined to be unnecessary by an FAA aeronautical study. FAA 
Advisory Circulars contain methods and procedures for the lighting of 
obstructions that are acceptable to the Administrator.


Sec. 139.335  Protection of navaids.

    In a manner authorized by the Administrator, each certificate 
holder shall--
    (a) Prevent the construction of facilities on its airport that, as 
determined by the Administrator, would derogate the operation of an 
electronic or visual navaid and air traffic control facilities on the 
airport;
    (b) Protect, or if the owner is other than the certificate holder, 
assist in protecting, all navaids on its airport against vandalism and 
theft; and
    (c) Prevent, insofar as it is within the airport's authority, 
interruption of visual and electronic signals of navaids.


Sec. 139.337  Public protection.

    (a) In a manner authorized by the Administrator, each certificate 
holder shall provide--
    (1) Safeguards to prevent inadvertent entry to the movement area by 
unauthorized persons or vehicles; and
    (2) Reasonable protection of persons and property from aircraft 
blast.
    (b) Fencing meeting the requirements of part 107 of this chapter in 
areas subject to part 107 of this chapter is acceptable for meeting the 
requirements of paragraph (a)(1) of this section.


Sec. 139.339  Wildlife hazard management.

    (a) In accordance with its airport certification manual and the 
requirements of this section, each certificate holder shall take 
immediate action to alleviate wildlife hazards whenever they are 
detected.
    (b) In a manner authorized by the Administrator, each certificate 
holder shall ensure that a wildlife hazard assessment is conducted when 
any of the following events occurs on or near the airport:
    (1) An air carrier aircraft experiences a multiple bird strike or 
engine ingestion.
    (2) An air carrier aircraft experiences a damaging collision with 
wildlife other than birds.
    (3) Wildlife of a size or in numbers capable of causing an event 
described in paragraph (b)(1) or (2) of this section has access to any 
airport flight pattern or aircraft movement area.
    (c) The assessment required in paragraph (b) of this section shall 
be conducted by a wildlife damage management biologist that has at 
least a Bachelor of Science degree in wildlife biology, wildlife 
management or related field and professional training and/or experience 
in wildlife hazard management at airports, or an individual working 
under the direct supervision of the such an individual. The assessment 
shall contain at least the following:
    (1) An analysis of the events or circumstances which prompted the 
assessment.
    (2) Identification of the wildlife species observed, and their 
numbers, locations, local movements, and daily and seasonal 
occurrences.
    (3) Identification and location of features on and near the airport 
that attract wildlife.
    (4) A description of wildlife hazard to air carrier operations.
    (5) Recommended actions for reducing identified wildlife hazards to 
air carries operations.
    (d) The assessment shall be submitted to the Administrator for 
approval and determination of the need for a wildlife hazard management 
plan. In reaching this determination, the Administrator will consider:
    (1) The wildlife hazard assessment required under paragraph (b) of 
this section.
    (2) Actions recommended in the wildlife hazards assessment to 
reduce wildlife hazards.
    (3) The aeronautical activity at the airport.
    (4) The views of the certificate holder.
    (5) The views of the airport users.
    (6) Any other known factors relating to the wildlife hazard of 
which the Administrator is aware.
    (e) When the Administrator determines that a wildlife hazard 
management plan is needed, the certificate holder shall formulate and 
implement a plan using the wildlife hazard assessment as a basis. The 
plan shall:
    (1) Provide measures to alleviate or eliminate wildlife hazards to 
air carrier operations;
    (2) Be submitted to, and approved by, the Administrator prior to 
implementation; and
    (3) As authorized by the Administrator, become a part of the 
Airport Certification Manual.
    (f) The plan shall include at least the following:
    (1) A list of the individuals having authority and responsibility 
for implementing each aspect of the plan.
    (2) A list prioritizing the following actions identified in the 
wildlife hazard assessment and target dates for their completing:
    (i) Wildlife population management;
    (ii) Habitat modification; and
    (iii) Land use changes.
    (3) Requirements for and, where applicable, copies of local, State, 
and Federal wildlife control permits.

[[Page 38682]]

    (4) Identification of resources that the certificate holder will 
provide to implement the plan.
    (5) Procedures to be followed during air carrier operations, that 
at a minimum includes:
    (i) Designation of personnel responsible for implementing the 
procedures;
    (ii) Provisions to conduct physical inspections of the aircraft 
movement areas and other areas critical to successfully manage known 
wildlife hazard before air carrier operations begin;
    (iii) Wildlife hazard control measures; and
    (iv) Ways to effectively communicate between wildlife control 
personnel and any air traffic control tower operating at the airport.
    (6) Describe procedures to review and evaluate the wildlife hazard 
management plan annually or following an event described in paragraphs 
(b)(1), (2) and (3) of this section, including:
    (i) The plan's effectiveness in dealing with known wildlife hazards 
on and in the airport's vicinity; and
    (ii) Aspects of the wildlife hazards, as described in the wildlife 
hazard assessment, that should be reevaluated.
    (7) A training program conducted by qualified wildlife damage 
management biologist(s) to provide airport personnel with the knowledge 
and skills needed to successfully carry out the wildlife hazard 
management plan required by paragraph (d) of this section.
    (g) At Class II or III airports, implementation of the wildlife 
mitigation procedures shall take into account the frequency and size of 
air carrier aircraft.
    (h) FAA Advisory Circulars contain methods and procedures for 
wildlife hazard management at airports that are acceptable to the 
Administrator.


Sec. 139.341  Airport condition reporting.

    In a manner authorized by the Administrator, each certificate 
holder shall:
    (a) Provide for the collection and dissemination of airport 
condition information to air carriers.
    (b) In complying with paragraph (a) of this section, utilize the 
NOTAM system, as appropriate, and other systems and procedures 
authorized by the Administrator.
    (c) In complying with paragraph (a) of this section, provide 
information on the following airport conditions that may affect the 
safe operations of air carriers:
    (1) Construction or maintenance activity on movement areas, safety 
areas, or loading ramps and parking areas.
    (2) Surface irregularities on movement areas, safety areas, or 
loading ramps and parking areas.
    (3) Snow, ice, slush, or water on the movement area or loading 
ramps and parking areas.
    (4) Snow piled or drifted on or near movement areas contrary to 
Sec. 139.313.
    (5) Objects on the movement area or safety areas contrary to 
Sec. 139.309.
    (6) Malfunction of any sign or lighting system required by 
Sec. 139.311.
    (7) Unresolved wildlife hazards as identified in accordance with 
Sec. 139.339.
    (8) Non-availability of any rescue and firefighting capability 
required in Sec. 139.317, Sec. 139.319, or Sec. 139.321.
    (9) Any other condition as specified in the airport certification 
manual, or which may otherwise adversely affect the safe operations of 
air carriers.
    (d) FAA Advisory Circulars contain methods and procedures for using 
the NOTAM system and the dissemination of airport information that are 
acceptable to the Administrator.


Sec. 139.343  Identifying, marking, and reporting construction and 
other unserviceable areas.

    (a) In a manner authorized by the Administrator, each certificate 
holder shall--
    (1) Mark and, if appropriate, light in a manner authorized by the 
Administrator--
    (i) Each construction area and unserviceable area which is on or 
adjacent to any movement area or any other area of the airport on which 
air carrier aircraft may be operated;
    (ii) Each item of construction equipment and each construction 
roadway, which may affect the safe movement of aircraft on the airport; 
and
    (iii) Any area adjacent to a navaid that, if traversed, could cause 
derogation of the signal or the failure of the navaid; and
    (2) Provide procedures, such as a review of all appropriate utility 
plans prior to construction, for avoiding damage to existing utilities, 
cables, wires, conduits, pipelines, or other underground facilities.
    (b) FAA Advisory Circulars contain methods and procedures for 
identifying and marking construction areas that are acceptable to the 
Administrator.


Sec. 139.345  Noncomplying conditions.

    Unless otherwise authorized by the Administrator, whenever the 
requirements of subpart D of this part cannot be met to the extent that 
uncorrected unsafe conditions exist on the airport, the certificate 
holder shall limit air carrier operations to those portions of the 
airport not rendered unsafe by those conditions.

    Issued in Washington, DC, on June 2, 2000.
Paul L. Galis,
Acting Associate Administrator for Airports.
[FR Doc. 00-14524 Filed 6-20-00; 8:45 am]
BILLING CODE 4910-13-U


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