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[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Proposed Rules]
[Pages 5510-5518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2164]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 139

[Docket No. FAA-2010-0247; Notice No. 11-01]
RIN 2120-AJ70

Safety Enhancements Part 139, Certification of Airports

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to amend the airport certification standards 
in part 139. This action would establish minimum standards for training 
of personnel who access the airport non-movement area (ramp and apron) 
to help prevent accidents and incidents in that area. A certificate 
holder would be required to conduct pavement surface evaluations to 
ensure reliability of runway surfaces in wet weather conditions. This 
action would also require a Surface Movement Guidance Control System 
(SMGCS) plan if the certificate holder conducts low visibility 
operations. The plan would facilitate the safe movement of aircraft and 
vehicles in low visibility conditions. Finally, this action would 
clarify the applicability of part 139 and explicitly prohibit 
fraudulent or intentionally false statements in a certificate 
application or record required to be maintained.

DATES: Send your comments on or before April 4, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0247 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Take comments to Docket Operations in Room 
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, 
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
     Fax: 1-202-493-2251.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments received, without change, to 
http://www.regulations.gov, including any personal information you 
provide. Using the search function of our docket Web site, anyone can 
find and read the comments received into any of our dockets, including 
the name of the individual sending the comment (or signing the comment 
for an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
http://www.regulations.gov at any time and follow the online 
instructions for accessing the docket or go to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this proposed rule, contact Kenneth Langert, Federal Aviation 
Administration, Office of Airports Safety and Standards, Airport Safety 
and Operations Division (AAS-300), 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 493-4529; fax (202) 493-1416; e-
mail: kenneth.langert@faa.gov. For legal questions concerning this 
rule, contact Robert Hawks, Office of the Chief Counsel, Regulations 
Division, Federal Aviation Administration, 800 Independence Avenue, 
SW., Washington, DC 20591; telephone (202) 267-7143; fax (202) 267-
7971; e-mail: rob.hawks@faa.gov.

SUPPLEMENTARY INFORMATION:  Later in this preamble under the Additional 
Information section, we discuss how you can comment on this proposal 
and how we will handle your comments. Included in this discussion is 
related information about the docket, privacy, and the handling of 
proprietary or confidential business information. We also discuss how 
you can get a copy of this proposal and related rulemaking documents.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44706, ``Airport operating 
certificates.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce, including issuing airport 
operating certificates that contain terms the Administrator finds 
necessary to ensure safety in air transportation. This proposed rule is 
within the scope of that authority because it would enhance safety in 
airport operations by requiring training of personnel accessing the 
non-

[[Page 5511]]

movement area, periodic friction testing, and plans for low visibility 
operations.

Background

    The FAA issues airport operating certificates (AOCs) under part 139 
to certain airports serving commercial passenger-carrying operations 
based on the type of commercial operations and size of aircraft served. 
Currently, 556 of the four classes of airports (I, II, III, IV) defined 
in part 139 hold FAA-issued airport operating certificates. Part 139 
prescribes the minimum standards for maintaining and operating the 
physical airport environment.

Non-Movement Area Safety Training

    Currently, part 139 requires periodic training for all personnel 
who access movement (runways and taxiways) and safety areas. Airlines 
and airports provide primary safety oversight in non-movement areas 
(ramps and aprons). Some airports voluntarily implement training for 
personnel accessing the non-movement area. FAA Advisory Circular (AC) 
150/5210-20, Ground Vehicle Operations on Airports \1\ provides 
guidance to airport operators developing training programs for safe 
ground vehicle operations and pedestrian control. This guidance applies 
to all personnel accessing the movement and non-movement areas.
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    \1\ AC issued June 21, 2002, with a change issued March 31, 
2008.
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    Airport ramps typically are confined, congested areas in which 
departing and arriving aircraft are serviced by ramp workers, including 
baggage, catering, and fueling personnel. Additional personnel on ramps 
include airport police, FAA officials, and other airport, airline, and 
vendor staff. The presence of large numbers of people using equipment 
in a relatively small area, often under significant time pressure, 
creates an environment for injuries and aircraft damage. Errors occur 
because of carelessness, distractions, confusion, inadequate training, 
lack of supervision, and time pressure.
    The Government Accountability Office (GAO) issued a report in 2007 
stating a lack of complete accident data and standards for ground 
handling hindered efforts to improve airport ramp safety.\2\ The GAO 
found that the FAA, National Transportation Safety Board (NTSB), and 
Occupational Safety and Health Administration (OSHA) investigated 29 
fatal ramp accidents from 2001 through 2006.\3\ Most fatal accidents 
involve ramp workers, but pilots and passengers have died in ramp 
accidents. The GAO report concluded that there are no Federal or 
industry-wide standards for ramp operations.
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    \2\ See GAO Report 08-29 (November 2007).
    \3\ See GAO Report 08-29 (November 2007).
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    According to a 2007 Flight Safety Foundation article, turnover 
among personnel typically is high, training can be spotty, and standard 
operating procedures may be nonexistent or ignored.\4\ The Flight 
Safety Foundation article also found that ramp accidents occur 
frequently and cause airlines to incur significant costs often not 
covered by insurance.
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    \4\ See Flight Safety Foundation ``Defusing the Ramp'' (May 
2007).
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    Furthermore, activities in the non-movement area affect the safety 
of crewmembers and passengers after the aircraft leaves the ramp area. 
Undetected aircraft damage from ramp activities can cause in-flight 
emergencies. In December 2005, an Alaska Airlines MD-80 departing from 
Seattle, WA, to Burbank, CA, experienced a sudden cabin 
depressurization. The aircraft returned to Seattle and landed without 
injuries. The investigation revealed that a ramp vehicle had punctured 
the aircraft fuselage, but no one had reported the incident.\5\
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    \5\ See NTSB Report SEA06LA033 (December 2005).
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Runway Pavement Surface Evaluation

    Braking performance is critical for all aircraft especially on wet 
runway surfaces. Under certain conditions, hydroplaning or unacceptable 
loss of traction (tire/pavement contact) results in poor braking 
performance and possible loss of directional control. Standing water, 
runway contaminants (e.g., fuel and rubber), and smoothing or 
``polishing'' of surface aggregates reduce friction.
    Research shows that a higher level of friction is achieved by 
forming or cutting closely spaced transverse grooves on the runway 
surface, which allows rain water to escape from beneath tires of 
landing aircraft.\6\ Pavement grooving was the first major step in 
achieving safer pavement surfaces for aircraft operations in wet 
weather conditions. Studies conducted in the U.S. and United Kingdom 
determined that an open graded, thin hot-mix asphalt (HMA) surface 
course called ``porous friction course'' (PFC) also could achieve good 
results. This surface permits rain water to permeate through the course 
and drain off transversely to the side of the runway, preventing water 
buildup on the surface and creating a relatively dry pavement condition 
during rainfall. An FAA Technical Center study demonstrated that a high 
level of friction was maintained on PFC overlays for the entire runway 
length.
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    \6\ See Advisory Circular 150/5320-12, Measurement, 
Construction, and Maintenance of Skid-Resistant Airport Pavement 
Surfaces Sec. Sec.  1-3. 2-15 (March 18, 1997).
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    Today, most airports in the United States use these methods and 
materials. Consequently, the frequency of accidents and incidents 
caused by loss of directional control and inadequate stopping 
capability has been greatly reduced. However, the skid resistance of 
these surfaces deteriorates over time.
    The FAA provides guidance and procedures in Advisory Circular 150/
5320-12C, Measurement, Construction, and Maintenance of Skid Resistant 
Airport Pavement Surfaces. However, there is no FAA requirement for 
airports to regularly inspect and record runway friction levels or to 
ensure runways are maintained in a manner that provides adequate 
friction levels. Neither is there a requirement to perform tests using 
continuous friction measuring equipment (CFME) or to evaluate the 
drainage capabilities of runway surface grooving and transverse slopes.
    The FAA has determined that visual evaluations of pavement friction 
are not sufficient. CFME provides quantitative results that can be used 
to determine whether friction values meet acceptable standards. A list 
of approved CFME can be found in AC 150/5320-12C. While some U.S. 
airports use CFME, others may use less effective methods to monitor 
build-up of rubber deposits and deterioration of friction 
characteristics.

Surface Movement Guidance Control System (SMGCS)

    A Surface Movement Guidance Control System (SMGCS) is a system of 
lighting, signs, and markings that allows an aircraft to operate to and 
from the runway in very low visibility in a controlled and safe manner. 
This system provides guidance to and control of aircraft, ground 
vehicles, and personnel on the movement area of an airport. Guidance 
relates to facilities, information, and advice necessary for pilots of 
aircraft or drivers of ground vehicles to navigate the movement area 
and to keep aircraft or vehicles on the surfaces or within the areas 
intended for their use. Control means the measures necessary to prevent 
collisions and ensure traffic flows smoothly and freely.
    The FAA guidance on SMGCS is available in AC 120-57A, Surface 
Movement Guidance and Control System. Low-visibility operations exist 
when Runway Visual Range (RVR) reports on any active runway drop below 
1,200 feet RVR. AC 120-57A provides recommendations for

[[Page 5512]]

improved safety procedures to accommodate low-visibility ground 
operations. Some airports voluntarily adopted AC 120-57A SMGCS 
practices. Some U.S. airports were approved to conduct low-visibility 
operations, but have not adopted all of the AC 120-57A SMGCS practices. 
Moreover, no FAA requirement ensures airports implement these 
recommendations (including optimum ground equipment, lighting, and 
signage) where air carriers conduct low-visibility operations.
    The potential significance of a ground movement error by a vehicle 
or aircraft during low-visibility operations is an increasing concern 
as more airline operations and multiple runway configurations are 
planned for the National Airspace System (NAS). Additionally, 
technology advances such as heads-up displays (HUD) and enhanced flight 
vision systems (EFV) increase low-visibility operating capability. The 
FAA and ICAO consider the recommended low-visibility practices in AC 
120-57A, and specific enhanced ground equipment and guidance, necessary 
to ensure safety during low-visibility ground movement operations. 
Additionally, the FAA now requires Surface Movement Guidance and 
Control System (SMGCS) for commissioning new runways under the FAA's 
Operations Evolution Plan (OEP).

General Discussion of the Proposal

    The FAA proposes to amend Sec.  139.303 to require periodic 
training for all personnel authorized to access the non-movement area. 
The proposal also would add the definition of ``non-movement area'' to 
Sec.  139.5. Second, the proposal would amend Sec.  139.305 to require 
a certificate holder to evaluate the surface characteristics of 
runways. Third, the proposal would require a certificate holder that 
allows operations below 1,200 feet RVR to implement a SMGCS plan in its 
airport certification manual (ACM). Fourth, the FAA proposes to amend 
Sec.  139.1 to clarify the applicability of this part based on only the 
passenger seats in an aircraft used for passenger-carrying operations. 
Finally, the FAA proposes a new Sec.  139.115 that would prohibit 
fraudulent or intentionally false statements on an application for a 
certificate or other record required to be kept.

Non-Movement Area Safety Training

    The FAA has concluded non-movement area safety can be improved with 
increased training. Airport workers must be knowledgeable and aware of 
the various activities that take place in the non-movement area. This 
knowledge and awareness reduces confusion and carelessness by 
individuals accessing the non-movement area. Accordingly, the FAA 
proposes to require training for all persons authorized to access the 
non-movement area. This training would complement the existing training 
for persons accessing the movement and safety areas, and could be 
combined with the training for persons accessing both the movement and 
non-movement areas. The FAA proposes the following exceptions for this 
training requirement:
     Airman exercising the privileges of an applicable airman 
certificate;
     Persons escorted by a trained individual; and
     Other persons identified in the certificate holder's ACM.
    A person would complete this training prior to accessing the non-
movement area, and at least yearly thereafter. The FAA intends to make 
this requirement effective one year after publication of the final rule 
to allow certificate holders time to develop a training program and 
complete training for all personnel accessing the non-movement area. 
After the effective date of this proposal, if adopted, all persons 
would complete the training prior to accessing the non-movement area, 
unless escorted by a trained individual.
    The certificate holder would provide recurrent training as often as 
necessary to enable the person to maintain a satisfactory level of 
proficiency. Appropriate schedules for recurrent training may vary 
widely among certificate holders and individuals because of the 
specific needs of each certificate holder and individual. However, this 
recurrent training would occur at least yearly. Certificate holders may 
consider requiring recurrent training when a vehicle operator renews an 
expired airport identification badge or when a tenant renews a lease 
agreement.
    All training curricula would include, at a minimum, airport 
familiarization with airport markings, signs, and lighting, procedures 
for operating in the non-movement area, and duties required by the ACM 
or regulations. Although AC 150/5210-20 provides detailed guidance on 
developing training curricula, a certificate holder could determine its 
optimal method for completing this training. In addition to providing 
training on these minimum components, the FAA recommends on-the-job 
training for personnel prior to unescorted access to the airside of the 
airport.
    The curricula would address procedures for access to, and operation 
in, ramp and apron areas. Inadvertent entry by vehicles onto movement 
and non-movement areas of an airport poses a danger to both the vehicle 
operator and aircraft attempting to land, take off, or maneuver on the 
airport.
    Methods for controlling access to the airside depend on the type 
and location of the airport. The training would discuss the methods for 
controlling access and how a person can ensure those methods are 
effective. The Airport Layout Plan is a useful tool for identifying 
access points and general layout of the airfield.
    The curricula also would include procedures for operating in the 
non-movement area including wearing personal protective equipment and 
high visibility clothing, cautious driving and speed awareness, and 
backing up and spotting obstructions. The training would stress that 
aircraft always have the right-of-way over vehicles when maneuvering on 
non-movement areas.
    Other duties that a person might encounter and require training for 
include fire prevention, hazardous weather, foreign object damage (FOD) 
prevention, reporting accidents/incidents, safety around propeller and 
jet engine intakes, approaching an arriving aircraft, safely 
positioning ground servicing equipment, and other safety topics workers 
may encounter specific to the airport. A certificate holder would 
retain records of this training for 24 months as required by existing 
Sec.  139.301(b)(1).
    Additionally, the FAA proposes to clarify the training requirement 
for persons accessing the movement and safety areas by substituting all 
``persons'' for all ``personnel'' in Sec.  139.303(c). The FAA has 
interpreted personnel to be broader than airport employees, but this 
proposed clarification would avoid confusion in interpreting the rule.

Runway Pavement Surface Evaluation

    In an effort to improve safety, the FAA proposes a requirement to 
evaluate the surface characteristics of runways. This proposed 
requirement adopts existing guidance specified in Advisory Circular 
150-5320-12C, Measurement, Construction, and Maintenance of Skid 
Resistant Airport Pavement Surfaces.
    Because runway friction characteristics change over time, periodic 
runway friction measurements are needed not only to identify 
unacceptable runway friction levels but also to identify trends in 
changing runway conditions. Airport operators need to locate and 
restore areas on the pavement surface where friction has deteriorated 
below acceptable levels for aircraft braking performance.
    The FAA proposes amending Sec.  139.305 to require airports to 
establish

[[Page 5513]]

and implement a runway friction testing program for each runway used by 
jet aircraft. A certificate holder with jet aircraft traffic should 
schedule periodic friction evaluations of each runway that accommodates 
jet aircraft. Components of the program would include a testing 
frequency that takes into consideration the volume and type of traffic 
as well as friction readings from CFMEs operated by trained personnel. 
Corrective action would be required, as needed. The airport operator 
also should locate potential hydroplaning areas as well as measure the 
depth and width of a runway's grooves to check for wear and damage.
    Airports would establish and implement a program for testing 
performance of grooves and transverse slopes. Components of the program 
would include, at a minimum, instructions and procedures for conducting 
visual inspection of runway surfaces, taking the runway surface 
material and volume of traffic into consideration. On randomly-selected 
trafficked portions of the runway, the airport operator would have to 
measure the width and depth of grooves, inspect transverse slopes for 
desired performance, and take corrective action if testing reveals 
deterioration below established levels.

Surface Movement Guidance Control System (SMGCS)

    Each certificate holder with FAA-approved takeoff or landing 
operations below 1,200 feet RVR must provide appropriate low-visibility 
surface enhancements and ground movement procedures. The basis for the 
approval of low-visibility operations for each runway would be 
incorporated in the certificate holder's SMGCS plan. The plan would 
identify the responsibilities of all parties involved in low-visibility 
operations (e.g., airport operator, ATC, airport rescue and fire 
fighting (ARFF), air carriers, pedestrians, and ground vehicle 
operators). The plan should identify how and when these 
responsibilities will be carried out (e.g., the plan may identify 
different requirements for operations between 1,200 feet RVR and 600 
feet RVR, and those operations below 600 feet RVR). Accordingly, the 
FAA proposes to amend Sec.  139.203 to require the ACM contain a SMGCS 
plan for airports approved for operations below 1,200 feet RVR. The 
specific responsibilities are addressed in the proposed amendments to 
Sec.  139.303 (personnel/training requirements), Sec.  139.311 
(marking, signs, and lighting), Sec.  139.327 (self-inspection 
program), Sec.  139.319 (aircraft rescue and firefighting (ARFF): 
Operational requirements), and Sec.  139.329 (pedestrians and ground 
vehicles).
    A SMGCS plan would facilitate the safe movement of aircraft and 
vehicles on the airport by establishing more rigorous control 
procedures and requiring enhanced visual aids. Additionally, the 
ability to conduct low visibility operations allows a certificate 
holder to stay open during poor weather conditions, thus reducing 
flight delays and cancellations.
    Only certificate holders that conduct low-visibility operations 
would be required to develop and implement a SMGCS plan. These plans 
would vary among airports because of local conditions, and would be 
subject to FAA approval.

Applicability of Part 139

    Currently, Sec.  139.1(a)(1) states that an airport must be 
certificated under part 139 to host scheduled passenger-carrying 
operations of an air carrier operating aircraft designed for more than 
nine passenger seats, as determined by the aircraft type certificate 
issued by a competent civil aviation authority.
    The current wording has created confusion regarding operation of a 
particular aircraft type, a Cessna 208B Caravan, because it is 
certificated as a single-pilot aircraft, but has two pilot seats. In 
non-revenue service, the second pilot seat may be occupied by a 
passenger. However, in scheduled passenger-carrying operations the 
operating rule, Sec.  135.113, prohibits passengers from occupying the 
second pilot seat, which means there are not more than nine passenger 
seats during those operations.
    This proposal would clarify that the applicability of part 139 is 
based only on passenger seats in passenger-carrying operations as 
determined by either the regulations under which the operation is 
conducted or the aircraft type certificate.

Certification and Falsification

    To ensure the reliability of records maintained by a certificate 
holder and reviewed by the FAA, this proposal would prohibit 
intentionally false or fraudulent statements concerning an AOC. 
Specifically, the FAA proposes a new Sec.  139.155 that prohibits the 
making of any fraudulent or intentionally false statement on an 
application for a certificate; the making of any fraudulent or 
intentionally false statement on any record or report required by the 
FAA; and the reproduction or alteration, for a fraudulent purpose, of 
any FAA certificate or approval. The FAA proposes to suspend or revoke 
an AOC for violation of any of these prohibitions by an owner, 
operator, or other person acting on behalf of the certificate holder. 
The FAA also proposes to suspend or revoke any other FAA certificate 
issued to the person committing the act. The requirement is similar to 
falsification prohibitions in 14 CFR parts 43, 61, 65, and 67.

Paperwork Reduction Act

    This proposal contains an extension of a currently approved 
collection OMB-2120-0675 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: Safety Enhancements to 14 CFR part 139, Certification of 
Airports
    Summary: If adopted, Sec.  139.303(g) will require training for all 
personnel authorized to access the non-movement area as designated in 
the Airport Certification Manual, regardless of their duties or 
duration of access.
    Affected Public: A total of 256,000 people would need to have their 
training records added to the airport's records.
    Frequency: Once a year.
    Estimated average burden per employee: 0.1 hour per employee.
    Estimated Annual Burden Hours: 256,000 x .05 = 12,800.
    Estimated Annual Burden Costs: 12,800 x $15.00 = $192,000.
    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement 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 collecting information on those who are 
to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.

International Compatibility

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

[[Page 5514]]

maximum extent practicable. The FAA has reviewed the corresponding ICAO 
Standards and Recommended Practices and has identified no differences 
with these proposed regulations.

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

    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 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
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 with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this proposed rule. Readers seeking greater 
detail should read the full regulatory evaluation, a copy of which is 
in the docket for this rulemaking.
    In conducting these analyses, the FAA has determined that this 
proposed rule: (1) Has benefits that justify its costs, (2) is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866, (3) is not ``significant'' as defined in 
DOT's Regulatory Policies and Procedures; (4) would have a significant 
economic impact on a substantial number of small entities; (5) would 
not create unnecessary obstacles to the foreign commerce of the United 
States; and (6) would not impose an unfunded mandate on state, local, 
or tribal governments, or on the private sector by exceeding the 
threshold identified above. These analyses are summarized below.

Total Benefits and Costs of This Rule

    The estimated cost of this proposed rule is $32.3 million in 
present value terms. The estimated potential benefits of adding safety 
enhancements to part 139 are $47.0 million in present value terms.

Who is Potentially Affected by this Rule?
    Owners and operators of part 139 airports
    Tenants and tenant employees at part 139 airports
    Users of part 139 airports
Assumptions:
Discount rate--7%
Period of analysis--11 years because this provides a time period 
sufficient to determine an accurate estimate of benefits and costs
Value of a fatality avoided--$6.0 million

Benefits of This Rule

    The benefits of this proposed rule consist of safety enhancements 
to part 139. These enhancements include providing additional training 
for people with access to the non-movement areas at airports which 
should reduce the number and severity of non-movement area accidents; 
adding a regulatory requirement for Runway Surface Evaluation Benefits, 
which should ensure reliability of runway surfaces in wet weather; and 
the development and integration of approved SMGCS plans into an ACM, 
which should reduce the number of diversions in bad weather. Over the 
11-year period of analysis, the potential present value benefits of the 
proposed rule would be $47.0 million.

Costs of This Rule

    This proposed rule's present value costs consist of $31.6 million 
for training and $0.7 million for the development and integration of 
approved SMGCS plans into airport ACMs. The total present value cost of 
this rule is about $32.3 million.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA 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 rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The proposed rule has two costs, a cost for training in the non-
movement area and a cost for the development and inclusion of a SMGCS 
plan in the ACM.
    Training costs apply to all airports, regardless of size. For the 
training costs, the FAA estimates that approximately 20% or 111 of the 
total 556 certificated airports are small entities. This is a 
substantial number of small entities. The FAA believes that there would 
be a significant economic impact on these small entities. However, the 
FAA proposes to mitigate the costs of the rule to small entities 
through one or more of the following items:

[cir] The minimum training curricula required by the proposed rule 
consists of airport familiarization, procedures for operating in the 
non-movement area, and duties required by the ACM or regulations. The 
FAA would provide guidance through Advisory Circulars (ACs) and/or 
other publications and consultations.
[cir] The training materials can come from a number of sources, 
including the following:
    [rtarr8] AC No: 150/5210-21, Date: 9/23/03, Subject: Announcement 
of Availability: Airport Safety Training Programs for Mechanics and 
Ramp Personnel This AC provides information on how to obtain two 
interactive CD-ROMs that inform mechanics and ramp personnel about 
important practices for preventing runway incursions, ramp safety 
practices, proper taxi procedures, and proper tug and tow practices. 
The CD-ROMs may be obtained free of charge from the FAA. The two CD-
ROMS are:
    [rtarr8] Taxi 101--This training program covers: Weather; airport 
familiarization; runway and

[[Page 5515]]

taxiway signs; surface markings and lighting: aircraft preflight; 
flight procedures; and air traffic control procedures.
    [rtarr8] Tug & Tow 101--This training program covers personal 
safety; ramp operations and safety; aircraft and engine hazards; 
communications; push back; aircraft towing; airport signs, surface and 
markings; weather; and air traffic control procedures.
    [rtarr8] AC No.: 150/5210-20: Change 1: Date: March 31, 2008: 
Subject: Ground Vehicle Operations On Airports. This AC and its 
attached appendices is to provide guidance to airport operators in 
developing training programs for safe ground vehicle operations and 
pedestrian control on the airside of an airport. This includes both 
movement and non-movement areas, ramps, and aprons. This AC contains 
recommended operating procedures, a sample training curriculum 
(Appendix A), and a sample training manual (Appendix B).
    [rtarr8] The American Association of Airport Executives (AAAE)--
provides many training materials at low costs to airports.
    [rtarr8] Private companies also sell many training materials.
    [rtarr8] Training materials can include printed media, computer 
media, or any other effective media.

    The Surface Movements Guidance and Control System (SMGCS) costs in 
this rule apply only to airports that have chosen to implement a SMCGS 
plan. The FAA estimates that there are currently 54 airports with 
approved SMCGS plans and 78 airports that are currently seeking to 
provide for low visibility operations but do not yet have a SMGCS plan. 
The costs of SMGCS plans may be significant. However, the cost of SMGCS 
plans has been and will be mitigated by AC guidance on how to prepare a 
plan with an example plan.
    AC No.: 150/5320-12C, Date: 8/25/2004, Subject: Surface Movements 
Guidance and Control System contains information on how to prepare a 
SMGCS plan and an example of a typical SMGCS plan. It should be noted 
that this AC has a provision for the performance of a benefit-cost 
study before developing a detailed SMGCS plan. Therefore, any small 
entity developing a SMGCS plan would likely first determine that it 
would be cost-beneficial.
    The actual SMGCS plan for a single runway need not be longer than 
15 pages. The FAA will visit each airport to oversee and help with the 
SMGCS plans.
    The FAA has considered alternatives to the proposed rule. For the 
training portion of the rule the FAA has considered doing nothing. 
However, this would not result in any improved safety in the ramp area. 
The FAA also considered a much more stringent curriculum for the ramp 
safety training. However, this would not allow for the differences 
between airports.
    Therefore, the FAA believes the proposed rule is the most effective 
to improve ramp safety. In the case of SMGCS, most airports already 
have an alternative available to them. They can decide whether or not 
they want SMCGS facilities.
    The FAA believes the proposed rule would have a significant 
economic impact on a large number of small entities. However the FAA 
believes that any adverse economic impacts that would result from the 
proposed rule could be substantially reduced by positive mitigations by 
the FAA. The FAA solicits comments regarding this determination.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this proposed rule and determined that 
it would have only a domestic impact and therefore would not create 
unnecessary obstacles to the foreign commerce of the United States.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $143.1 million in lieu of $100 
million. This proposed rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed the proposal under the principles and criteria 
of Executive Order 13132, Federalism. Most airports subject to this 
proposal are owned, operated, or regulated by a local government body 
(such as a city or county government), which, in turn, is incorporated 
by or as part of a State. Some airports are operated directly by a 
State. This action would have low costs of compliance compared with the 
resources available to airports, and it would not alter the 
relationship between certificate holders and the FAA as established by 
law.
    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. The FAA will mail a copy of the NPRM to each State 
government specifically inviting comment.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act (NEPA) in the absence of extraordinary circumstances. The FAA has 
determined this proposed rulemaking action qualifies for the 
categorical exclusion identified in Chapter 3, paragraph 312d, and 
involves no extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this NPRM under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
is not a ``significant energy action'' under the executive order and it 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

[[Page 5516]]

Additional Information

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, please send one copy of written comments, or if you 
are filing comments electronically, please submit your comments only 
one time.
    The FAA will file in the docket all comments received, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, 
the FAA will consider all comments we receive on or before the closing 
date for comments. The agency will consider comments filed late if it 
is possible to do so without incurring expense or delay. This proposal 
may change in light of comments we receive.

Proprietary or Confidential Business Information

    Do not file in the docket information that you consider to be 
proprietary or confidential business information. Send or deliver this 
information directly to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. You must mark the 
information that you consider proprietary or confidential. If you send 
the information on a disk or CD-ROM, mark the outside of the disk or 
CD-ROM and also identify electronically within the disk or CD-ROM the 
specific information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when the agency is aware of proprietary 
information filed with a comment, it is not placed in the docket. It is 
held in a separate file to which the public does not have access, and 
noted in the docket that the agency received it. If the FAA receives a 
request to examine or copy this information, it is treated as any other 
request under the Freedom of Information Act (5 U.S.C. 552). The agency 
processes such a request under the DOT procedures found in 49 CFR part 
7.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by--
    (1) Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    (2) Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's web page at http://www.gpo.gov/fdsys/search/home.action.
    You can also get a copy by sending 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. Make 
sure to identify the docket or notice number of this rulemaking.
    You may access all documents the FAA considered in developing this 
proposed rule, including economic analyses and technical reports, from 
the internet through the Federal eRulemaking Portal referenced in 
paragraph (1).

List of Subjects in 14 CFR Part 139

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

The Proposed Amendment

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

PART 139--CERTIFICATION OF AIRPORTS

    1. The authority citation for part 139 continues to read as 
follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701-44702, 44709, 44719

    2. Amend Sec.  139.1 by revising paragraph (a) to read as follows:

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 an air carrier 
operating aircraft configured for more than 9 passenger seats, as 
determined by the regulations under which the operation is conducted or 
the aircraft type certificate issued by a competent civil aviation 
authority; and
    (2) Unscheduled passenger-carrying operations of an air carrier 
operating aircraft configured for at least 31 passenger seats, as 
determined by the regulations under which the operation is conducted or 
the aircraft type certificate issued by a competent civil aviation 
authority.
* * * * *
    3. Amend Sec.  139.5 by adding the definition of ``non-movement 
area'' in alphabetical order to read as follows:

Sec.  139.5  Definitions.

* * * * *
    Non-movement area means the area, other than that described as the 
movement area, used for the loading, unloading, parking, and movement 
of aircraft on the airside of the airport (including ramps, apron 
areas, and on-airport fuel farms).
* * * * *
    4. Add Sec.  139.115 to subpart B to read as follows:

Sec.  139.115  Falsification, reproduction, or alteration of 
applications, certificates, reports, or records.

    (a) No person shall make or cause to be made:
    (1) Any fraudulent or intentionally false statement on any 
application for a certificate or approval under this part;
    (2) Any fraudulent or intentionally false entry in any record or 
report that is required to be made, kept, or used to show compliance 
with any requirement under this part;
    (3) Any reproduction, for a fraudulent purpose, of any certificate 
or approval issued under this part.
    (4) Any alteration, for a fraudulent purpose, of any certificate or 
approval issued under this part.
    (b) The commission by any owner, operator, or other person acting 
on behalf of a certificate holder of an act prohibited under paragraph 
(a) of this section is a basis for suspending or revoking any 
certificate or approval issued under this part and held by that 
certificate holder and any other certificate issued under this title 
and held by the person committing the act.
    5. Amend Sec.  139.203 by redesignating paragraph (b)(29) as 
(b)(30) and adding a new paragraph (b)(29) to read as follows:

Sec.  139.203  Contents of Airport Certification Manual.

* * * * *
    (b) * * *

[[Page 5517]]

----------------------------------------------------------------------------------------------------------------
                                                                   Airport certificate class
               Manual elements               -------------------------------------------------------------------
                                                  Class I          Class II        Class III         Class IV
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
29. For airports approved for low visibility               X                X                X                X
 takeoff or landing operations below 1200
 feet runway visual range, a Surface
 Movement Guidance Control System (SMGCS)
 plan.......................................
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    6. Amend Sec.  139.303 by revising paragraph (c) introductory text, 
redesignating paragraph (c)(5) as (c)(6), and adding a new paragraph 
(c)(5) and adding paragraph (g) to read as follows:

Sec.  139.303  Personnel.

* * * * *
    (c) Train all persons who access movement areas and safety areas 
and perform duties in compliance with the requirements of the Airport 
Certification Manual and the requirements of this part. This training 
must be completed prior to the initial performance of such duties and 
at least once every 12 consecutive calendar months. The curriculum for 
initial and recurrent training must include at least the following 
areas:
* * * * *
    (5) When required, duties and procedures for low visibility SMGCS 
operations identified in the SMGCS plan.
* * * * *
    (g)(1) Train all persons who are authorized to access the non-
movement area as designated in the Airport Certification Manual, 
regardless of their duties or duration of access. The certificate 
holder must ensure training is completed prior to a person's access to 
the non-movement area and at least once every 12 consecutive calendar 
months thereafter.
    (2) The curriculum for initial and recurrent training must include 
at least the following areas:
    (i) Airport familiarization, including airport marking, signs, and 
lighting.
    (ii) Procedures for access to, and operation in, the non-movement 
area.
    (iii) Duties required under the Airport Certification Manual and 
the requirements of this part.
    (3) The training requirements in this paragraph (g) do not apply to 
airmen exercising the privileges of an applicable airman certificate, 
persons being escorted by a trained individual, and other persons 
identified in the FAA-approved Airport Certification Manual.
    7. Amend Sec.  139.305 by redesignating the paragraph (c) as (e) 
and by adding new paragraphs (c) and (d) to read as follows:

Sec.  139.305  Paved areas.

* * * * *
    (c) Each certificate holder must establish and implement a runway 
friction testing program. The program must include, at a minimum, 
instructions and procedures for:
    (1) Conducting friction testing on runways used by turbojet 
aircraft traffic.
    (2) Maintaining a friction testing frequency that takes into 
consideration the volume and type of turbojet aircraft traffic and the 
actual friction conditions of the runway pavement that is conducted at 
least yearly.
    (3) Conducting friction testing using calibrated continuous 
friction measuring equipment with a self-wetting system.
    (4) Ensuring that the friction testing is performed by individuals 
qualified to use the equipment.
    (5) Taking corrective action when testing reveals deterioration 
below acceptable levels as specified in the certificate holder's 
Airport Certification Manual.
    (d) Each certificate holder must establish and implement a program 
for testing performance of grooves and transverse slopes. The program 
must include, at a minimum, instructions and procedures for:
    (1) Conducting visual inspection of runway surfaces on a frequency 
that takes into consideration runway surface materials, volume of 
runway traffic, and conditions of runway pavement.
    (2) On randomly-selected portions of the runway, measuring the 
width and depth of grooves.
    (3) On randomly-selected portions of the runway, measuring the 
transverse slopes.
    (4) Taking corrective action when testing reveals deterioration 
below acceptable levels, as specified in the certificate holder's 
Airport Certification Manual.
* * * * *
    8. Amend Sec.  139.311 by adding paragraphs (a)(6) and (c)(6) to 
read as follows:

Sec.  139.311  Marking, signs, and lighting.

    (a) * * *
    (6) SMGCS markings on low visibility taxi routes identified in the 
approved SMGCS plan.
* * * * *
    (c) * * *
    (6) SMGCS lighting to support low visibility taxi operations 
identified in the approved SMGCS plan.
* * * * *
    9. Amend Sec.  139.319 by adding paragraph (i)(2)(xii) to read as 
follows:

Sec.  139.319  Aircraft rescue and fire-fighting: Operational 
requirements.

* * * * *
    (i) * * *
    (2) * * *
    (xii) Procedures for low visibility operations as identified in the 
approved SMGCS plan.
* * * * *
    10. Amend Sec.  139.327 by adding paragraph (a)(4) to read as 
follows:

Sec.  139.327  Self-inspection program.

    (a) * * *
    (4) When required to support low visibility SMGCS operations in 
accordance with the approved SMGCS plan.
* * * * *
    11. Amend Sec.  139.329 by redesignating paragraphs (e) and (f) as 
(f) and (g), respectively, by adding a new paragraph (e), and by 
revising newly redesignated paragraph (f) to read as follows:

Sec.  139.329  Pedestrians and ground vehicles.

* * * * *
    (e) Establish and implement procedures for the safe and orderly 
access to and operation in movement areas and safety areas by 
pedestrians and ground vehicles during low visibility conditions as 
identified in the approved SMGCS plan.
    (f) Ensure that each employee, tenant, or contractor is trained on 
procedures required under paragraphs (b) and (e) of this section, 
including consequences of noncompliance, prior to moving on foot, or 
operating a ground vehicle, in movement areas or safety areas; and
* * * * *

[[Page 5518]]

    Issued in Washington, DC, on January 19, 2011.
Michael J. O'Donnell,
Director of Airport Safety and Standards.
[FR Doc. 2011-2164 Filed 1-31-11; 8:45 am]
BILLING CODE 4910-13-P
```