reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 459 - OCCUPANCY OF HIGHWAYS BY UTILITIES › Section 459.6 - Emergency work

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule
. Emergency repairs involving the placing of facilities or opening
					 of the surface within the right-of-way may be performed prior to obtaining a
					 permit if the following procedure is adhered to:
(1) Utility owners or operators may obtain
					 emergency permit cards by submitting an application, on Department Form M-945A
					 or on company stationary, to the district office having jurisdiction over the
					 State highways in which the utility facilities are located. The application
					 shall be accompanied by a check or money order, in the amount specified in
					 §
												459.4 (relating to permit fees).
					 The utility facility owner or operator shall promptly notify the district
					 office by telephone, when the necessity for an emergency repair occurs during
					 the hours of 8 a.m. to 4 p.m., Monday through Friday. Emergency work occuring
					 at other times shall be reported to the district office on the following work
					 day.
(2) Prior to opening the
					 surface or placing utility facilities within the right-of-way, the utility work
					 crew shall enter the following information on the emergency permit card in
					 legible handwriting, using indelible ink:
(i)
					 Date emergency work is started.
(ii) Time emergency work is
					 started.
(iii) Location of
					 emergency work site.
(iv)
					 Description of emergency work.
(3) The completed, original emergency permit
					 card shall be located at the work site and shall be available for inspection by
					 any police officer or representative of the Department. Reproduced copies of
					 the original card shall not be valid.
(4) A permit shall be applied for within 15
					 days to confirm and set forth, in detail, any work performed. The application
					 number shall then be entered on the emergency permit card by the
					 applicant.
(5) Work performed under
					 authority of an emergency permit card shall conform to this chapter; see in
					 particular §§
												459.7-459.9 (relating to general
					 conditions; special conditions-subsurface operations; and special conditions,
					 above-ground facilities).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 459 - OCCUPANCY OF HIGHWAYS BY UTILITIES › Section 459.7 - General conditions

Current through Register Vol. 54, No. 28, July 13, 2024
The following conditions apply to permits issued under
						this chapter:
(1)
Scope of
					 permit
. The permit is binding upon the permittee, its agents,
					 contractors, successors and assigns.
(i) The
					 permittee is responsible for causing compliance with the terms and conditions
					 of the permit by its employes, agents and contractors.
(ii) The permit shall be located at the work
					 site and be available for inspection by a police officer or representative of
					 the Department.
(iii) The permit
					 shall be maintained by the permittee as a permanent record and remain in
					 effect, subject to the permit conditions and this chapter, as long as the
					 permittee's facilities authorized by the permit occupy the
					 right-of-way.
(iv) Responsibility
					 for compliance with the terms of the permit may not be assigned or transferred
					 by the permittee without first obtaining approval from the Department after
					 submitting Form M-948, Assignment of Permit or License. If a permit is assigned
					 or transferred without first obtaining approval from the Department, the
					 assignment or transfer is void. The permit assigned or transferred also becomes
					 void. A facility installed under the authority of the permit shall be subject
					 to removal at the expense of the applicant to which the permit was issued or
					 its assignees, or both.
(v) The
					 permittee is liable to the Department for failure to comply with the permit and
					 this chapter. The liability of the permittee to the Department does not
					 preclude the permittee or the Department from bringing an action against the
					 permittee's contractor, subcontractor, engineer, architect, assignee, agent,
					 workers, employes or other persons.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 459 - OCCUPANCY OF HIGHWAYS BY UTILITIES › Section 459.8 - Special conditions-subsurface operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Drilling, boring, driving or
					 tunneling across improved area
. Drilling, boring, driving or tunneling
					 across improved areas shall comply with the following conditions:
(1) When crossing under an improved area, the
					 opening for a utility facility shall be drilled, bored, driven or tunneled a
					 minimum depth of 3 feet from the surface to the top of the opening.
(i) If the facility or its casing is 30
					 inches or greater in diameter, the bored cylindrical space surrounding either
					 an uncased facility or a facility casing shall be filled with grout, in a
					 manner authorized by the district office.
(ii) Jet or other nonmechanical boring
					 methods are prohibited. Water may be used under low pressure only to cool the
					 drill bit and to facilitate removal of cuttings from the bore opening, if
					 retrievable liquid is immediately removed from the boring pit.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 459 - OCCUPANCY OF HIGHWAYS BY UTILITIES › Section 459.9 - Special conditions, aboveground facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. A permit
					 will not be issued to install aboveground facilities at a location which the
					 Department determines to have a high accident potential.
(b)
Location of aboveground
					 facilities
. The location of an aboveground facility shall be:
(1) Within nonlimited access right-of-way.
(i) New poles and other aboveground
					 facilities shall be installed outside the highway clear zone as near the
					 right-of-way line as practicable, under the permit and applicable provisions of
					 Design Manual, Parts 2 and 5.
(ii)
					 Replacement of poles and other aboveground facilities shall comply with the
					 permit and applicable provisions of Design Manual, Part 5.
(iii) Installation of poles and other
					 aboveground facilities in locations where highway guide rail or curb exists
					 shall comply with the permit and applicable provisions of Design Manual, Parts
					 2 and 5.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 459 - OCCUPANCY OF HIGHWAYS BY UTILITIES › Section 459.11 - Penalties and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Violation of this chapter or the permit
					 requirements constitutes grounds for imposition of the following penalties:
(1) Upon receipt of oral or written notice of
					 violations from the authorized representative of the Department or a police
					 officer whose jurisdiction includes the permitted work area, the permittee
					 shall cease to perform any further work in the permitted area except to restore
					 the area to a safe condition. No further work may commence in the permitted
					 area until the violations have been remedied. Where the permittee has received
					 oral notice of the violations, written notice shall be sent to the permittee
					 within 10 days of receipt of the oral notice.
(2) Confiscation of the applicant's permit or
					 emergency permit card by any police officer or authorized representative of the
					 Department.
(3) Revocation of the
					 applicant's permit or emergency permit card by the Department.
(4) Removal of facilities installed without a
					 permit or in violation of the provisions of this chapter.
(5) Fines, imprisonment or other penalties as
					 are provided by statute.
(6) Other
					 action as may be deemed necessary or proper after consultation with the Office
					 of Chief Counsel.
(7) Other
					 conditions which may be specified on a Departmental Citation.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 459 - OCCUPANCY OF HIGHWAYS BY UTILITIES › Section 459.12 - Modification of conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. When a term or condition of this chapter cannot
					 be met, an applicant may request, in writing, that the district office modify
					 that term or condition if it is not required by law, under the following:
(1) The applicant has done all that can
					 reasonably be done to comply with the term or condition.
(2) The proposed modification satisfies the
					 intent of the term or condition to be modified.
(3) The proposed modification represents the
					 minimum feasible deviation from the term or condition to be modified.
(4) The reason for the requested modification
					 is infeasibility of meeting the exact terms or conditions of this chapter
					 rather than mere economic benefit to the applicant.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 471 - AIRPORT RATING AND LICENSING › Section 471.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 sets forth criteria for the rating and licnesing of airports and applies to the
					 Bureau and airport owners throughout this Commonwealth.
(b) The Bureau has promulgated and will
					 enforce this chapter as necessary for the promotion of aviation, airports and
					 air safety within this Commonwealth. This chapter shall be consistent with, and
					 conform to the Federal statutes and regulations governing aeronautics. The
					 Department may revoke or suspend an airport license upon proof of any violation
					 of law or regulation relating to aviation.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 471 - AIRPORT RATING AND LICENSING › Section 471.3 - Airport licensing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authority.
A person may not establish, maintain or operate an
					 airport, or permit flight operations at an airport, unless authorized by the
					 Bureau. This does not apply to an airport approved or maintained by the
					 government of the United States, or to infrequent operations by helicopters or
					 aircraft with characteristics permitting operation from sites not specially
					 prepared therefore.
(b)
Written authority required.
Authority to establish, maintain
					 or operate an airport will be provided in writing by the Bureau and will
					 indicate whether the airport is public use, private use or otherwise
					 restricted. An airport will be licensed by the ratings under §§
											471.5 and
					 471.6 (relating to airport
					 rating-excluding heliports; and heliport rating).
(1) Commercial operations (operation of
					 aircraft for compensation or hire, including flight instruction, aircraft
					 maintenance, sale of aircraft, parts and fuel) shall be limited to public use
					 airfields, or private airports that meet or exceed criteria established for
					 private group airports. (See Appendix A, Criteria E.)
(2) Private airport and private group
					 operators are prohibited from selling fuel to the general public, and from
					 performing flight instruction to the general public.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 471 - AIRPORT RATING AND LICENSING › Section 471.4 - Licensing fees (private airports only)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensing fee shall be paid to the
					 Department in form of a check, money order or bank draft, payable to
					 "Pennsylvania Department of Transportation." The Bureau will notify private
					 airport licensees at the time of license renewal of the appropriate licensing
					 fee and procedure for license renewal.
(b) Licensing and inspection fees shall be as
					 follows:
(1) The fee of $50 for both an
					 initial site inspection and a final inspection will be paid at the time of the
					 initial application for airport license. Subsequent inspections required to
					 receive a license will be subject to an additional $50 fee.
(2) A written request and fee of $25 are
					 required for any additional inspections.
(3) A licensing fee of $25 per year is
					 payable in 3-year intervals ($75 for a 3-year renewal).
(4) Temporary licenses, as required under
					 §
												471.3(c)
					 (relating to airport licensing), require an inspection fee.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 471 - AIRPORT RATING AND LICENSING › Section 471.5 - Airport rating-excluding heliports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following are rating categories to be
					 used by the Bureau for the issuance of an airport license:
(1)
Public airport.
(i)
Scheduled service/general
					 aviation.
An airport accommodating regularly scheduled air carrier or
					 commuter service or general aviation operations, or both.
(ii)
Basic utility.
An
					 airport with a visual runway, turf or paved, serving aircraft less than 12,500
					 pounds max gross weight, without beacon or runway edge lights, authorized for
					 visual flight rules (VFR) use only and not intended for night time
					 operations.
(iii)
Sport and
					 ultralight.
A landing area for the use of sport or ultralight
					 aircraft, or both, as those terms are defined by applicable Federal Aviation
					 Regulations (FARs).
(iv)
Seaplane base.
An area of water used as a landing
					 area.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 471 - AIRPORT RATING AND LICENSING › Section 471.6 - Heliport rating

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Rating categories.
The following represents the rating
					 categories to be used by the Bureau for the issuance of heliport licenses:
(1)
Public heliport.
A
					 heliport consisting of a landing area that is open to the public.
(2)
Private heliport.
A
					 heliport not intended for public use (includes hospital heliports, corporate
					 and privately owned heliports).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 471 - AIRPORT RATING AND LICENSING › Section 471.8 - Suspension, penalties and revocations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may suspend or revoke an
					 airport license when the Department finds sufficient evidence that one of the
					 following applies:
(1) A nonconforming
					 condition exists under this chapter that is a potential hazard to the users of
					 the airport and has been brought to the attention of the airport sponsor, by
					 written notice, as requiring remediation under this chapter, and the airport
					 sponsor has not responded or sought a waiver within 90 days or less of the
					 notice as deemed necessary by the Director.
(2) A waiver request by the airport sponsor
					 to waive a nonconforming condition has been finally denied and the airport
					 sponsor refuses to take reasonable steps to remediate the condition to the
					 satisfaction of the Bureau, to file an appeal to the Director of the Bureau, or
					 to file a legal action in a court of competent jurisdiction appealing the
					 denial of the waiver, within 90 days of notice of the waiver
					 denial.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 471 - AIRPORT RATING AND LICENSING › Section 471.9 - Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
A person aggrieved by a decision of the Bureau to grant,
						deny or revoke a license may make an appeal under
						2
						Pa.C.S. §§
												501-508 and
						701-704 (relating to the
						Administrative Agency Law) and 1 Pa. Code Part II (relating to general rules of
						administrative procedure) in the following manner:
(1) The appeal shall be filed within 60 days
					 of receipt of the Bureau's decision.
(2) The appeal shall be filed with the
					 Administrative Docket Clerk, Office of Chief Counsel, 400 North Street, 9th
					 Floor, Harrisburg, PA 17120-0064, with a $150 filing fee.
(3) The appeal must provide a detailed
					 description of the decisions being appealed and the reasons for the
					 appeal.
This section cited in 67 Pa. Code §
													471.3 (relating to airport
						  licensing).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 471 - AIRPORT RATING AND LICENSING › Appendix B

Current through Register Vol. 54, No. 28, July 13, 2024
Section
						471.3(d) allows
						the Bureau to waive, for "good cause," compliance with the licensing criteria
						and related requirements. No waivers will be granted for conditions which are
						inconsistent with FAA Grant Assurance obligations or other applicable FAA
						regulation unless permission is granted by the FAA.
The following is a nonexhaustive illustrative list of
						potential waiverable conditions:
(1) Runway Length.
(2) Runway Width.
(3) Runway Obstacle Free Zone.
(4) Approach Surface Penetrations.
(5) Runway Markings.
(6) Runway Alignment.
(7) Longitudinal and Transverse Grades.
(8) Telephone Requirements.
When evaluating any nonstandard condition for a waiver,
						the following will be considered in determining "good cause:"
(1) Type and performance characteristics of the critical
						aircraft operating at the facility.
(2) History of incidents attributable to the non-standard
						conditions as determined by the FAA and/or NTSB.
(3) Operational limitations, such as VFR-day only.
(4) Physical constraints.
(5) Financial feasibility of undertaking improvements to
						meet airport licensing criteria.
(6) How similar issues have been handled with respect to
						other airports.
(7) Facility preservation.
(8) Availability of visual guidance systems.
This Appendix B cited in 67 Pa. Code §
													471.3 (relating to airport
						  licensing).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The words and terms used in this chapter have the same
						meaning as they are given in §
											471.2 (relating to definitions),
						unless the context clearly indicates otherwise.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.3 - Eligibility requirements and criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The minimum requirements and criteria for
					 eligibility to apply for an aviation development grant is that the facility
					 shall be an appropriately licensed public airport located in this Commonwealth
					 and the applicant must be an eligible sponsor.
(b) The following are projects eligible for
					 consideration of an offer of an aviation development grant:
(1) Runway construction, including required
					 safety areas.
(2) Taxiway
					 construction.
(3) Runway overlays,
					 rehabilitation or surface treatment.
(4) Apron overlays, rehabilitation or surface
					 treatment.
(5) Taxiway overlays,
					 rehabilitation or surface treatment.
(6) Runway, taxiway and apron marking and
					 lighting.
(7) Aeronautical and
					 airport beacons.
(8) Runway
					 identification and approach lighting.
(9) Electronic and visual aids to aircraft
					 navigation including weather reporting systems.
(10) Wind indicator devices.
(11) Removal, lighting and marking of
					 obstructions.
(12) Airport safety
					 and security fencing.
(13)
					 Acquisition of land or interest therein for clear zone purposes.
(14) Acquisition of land or easements for
					 airport development.
(15) Equipment
					 and building, dedicated to aircraft rescue and firefighting purposes.
(16) Equipment and equipment storage
					 buildings dedicated to airport snow removal and ice control purposes.
(17) Public areas of terminal buildings at
					 scheduled passenger service airports.
(18) Public use apron construction.
(19) Necessary project/planning/environmental
					 studies/engineering plans, specifications and cost estimates.
(20) Airport planning, including, but not
					 limited to master plans, noise and land use studies.
(21) Airport access and service
					 roads.
(22) Pavement surface
					 monitoring systems.
(23) Other
					 projects which, in the discretion of the Department, should be
					 considered.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.4 - Limits of funding

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Federal aid projects.
The maximum grant to a sponsor may be up
					 to 75% of the non-Federally funded eligible amount of the project.
(b)
Non-Federal aid
					 projects.
The maximum grant to a sponsor for State participation
					 projects will be flexible; however, State participation will not exceed 90% of
					 the total project cost.
This section cited in 67 Pa. Code §
													473.9 (relating to offer and
						  acceptance of an aviation development
						  grant).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.5a - Project selection process and criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Project selection.
Aviation development grants for projects on the 12 year plans and Airport
					 Capital Improvement Programs (ACIPs) on file with and agreed to by the Bureau
					 will be selected for consideration on an annual basis upon written request from
					 sponsors.
(b)
Consideration.
Following the published closing date identified
					 in §
											473.5b (relating to important
					 dates and notification procedure) or the receipt of applicable documentation,
					 projects will be considered for funding for future fiscal years.
(c)
Incomplete
					 documentation.
The Department may consider documentation for aviation
					 development grants which is technically incomplete on the deadline identified
					 in § 473.5b, but which will be made complete in a timely fashion. The
					 decision to consider documentation which may be determined incomplete on the
					 documentation deadline is made at the sole discretion of the Bureau.
(d)
Review process.
In
					 evaluating the documentation, the Department may establish internal review
					 procedures, review committees or other administrative mechanisms sufficient to
					 handle the responsibilities of these programs. The Department will maintain an
					 ongoing record of the specific review mechanisms used for the consideration of
					 the documentation and to make available to applicants an outline of the current
					 applicable internal review procedures.
(e)
Review by Bureau.
The
					 Bureau will review and evaluate submitted documentation with respect to
					 applicable criteria for project funding, available funds, current priorities
					 for development of the airport and significant environmental or economic
					 factors.
(f)
Criteria used
					 in review.
In considering submitted documentation, the Bureau will
					 give weight and consideration to the following criteria:
(1) Improvement of the safety of airport
					 operations.
(2) The effects of the
					 project on both the overall airport system and the local airport.
(3) The impact of the project on the area
					 surrounding the airport.
(4)
					 Availability of local funds for airport development.
(5) The capture of Federal funds for airport
					 development.
(6) Current policy of
					 the Commonwealth on transportation improvements and economic
					 development.
(7) Current and future
					 demand for passenger service, based or itinerant aircraft and freight
					 services.
(8) Assurance that there
					 is a viable network and reasonable distribution of services and safe facilities
					 throughout this Commonwealth.
(9)
					 The extent to which the project would contribute to the welfare of the citizens
					 of this Commonwealth.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.5b - Important dates and notification procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Bureau will publish annual critical
					 dates for the upcoming calendar year in the first publication of the
Pennsylvania Bulletin
of the calendar year preceding the
					 upcoming fiscal year. Additionally, the Bureau will provide direct notification
					 to current sponsors.
(b)
					 Documentation for aviation development grants is considered on an annual basis.
					 From the completed planning documents on file for a given fiscal year, July 1
					 to June 30, projects will be selected for grants.
(c) Documents on file, but incomplete, may be
					 excluded from consideration for grants in that fiscal year. The deadlines for
					 submission of aviation development grant related documentation for a given
					 fiscal year is the close of business of the published date (4:30 pm Eastern
					 Time).
(d) The sponsor will receive
					 a letter of intent for projects selected as described in §
											473.9 (relating to offer and
					 acceptance of an aviation development grant), which will authorize the sponsor
					 to proceed with project formulation described in §
											473.6a (relating to project
					 execution).
(e) The Department will
					 send a written conditional offer for a grant to a sponsor for a selected
					 project in accordance with §
											473.9.
This section cited in 67 Pa. Code §
													473.5a (relating to project
						  selection process and criteria).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.6a - Project execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 receipt of a letter of intent in accordance with §
											473.9 (relating to offer and
					 acceptance of an aviation development grant), a sponsor may proceed with
					 project formulation and the applicable plans, specifications, procurement of
					 the necessary contracting services and other work necessary pursuant to the
					 future phases of the project.
(1) If the
					 intended project is an airport master planning, environmental planning or
					 related planning study, or both, the applicant shall:
(i) Engage a professional planner or
					 engineer, or both, with appropriate experience in the particular planning area
					 to accomplish the planning study and related work items as required.
(ii) Provide required documentation
					 including, but not limited to, the scope of services, objectives, work
					 schedule, detailed cost schedule and contract documents required for Department
					 review and approval prior to granting of funds.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.7 - Public records

Current through Register Vol. 54, No. 28, July 13, 2024
An application for an aviation development grant made
						under this chapter is considered a document of public record at the time of
						filing, and will be made available to persons for inspection.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.9 - Offer and acceptance of an aviation development grant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will send a written
					 conditional offer to a sponsor whose application has been approved. The
					 Department's conditional offer may provide funding, in accordance with the
					 limitations of §
											473.4(b)
					 (relating to limits of funding), for an entire eligible project as proposed, or
					 for only a portion of an eligible project.
(b) Upon receipt of a conditional offer from
					 the Department, a sponsor shall, within the time set forth in the conditional
					 offer execute and submit the grant agreement.
(1) Failure of a sponsor to indicate
					 acceptance of the terms of the grant agreement within the specified response
					 period, will be considered as a rejection of the final offer.
(2) Acceptance of the grant agreement is not
					 binding on a sponsor or the Department until the documents are fully executed
					 between the Department and the sponsor.
(3) Neither the offer nor the acceptance of a
					 grant under this chapter relieves the sponsor/grantee from compliance with
					 local zoning or other municipal requirements.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.10 - Standards, methods, techniques, designs and special conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 reserves the right to specify or make determinations as to the standards,
					 methods, techniques, designs and dimensional criteria acceptable in projects
					 funded by aviation development grants.
(b) The Department may publish standard
					 specifications for the construction of airport improvements funded by aviation
					 development grants.
(c) The
					 Department reserves the right to require special conditions, performance
					 criteria or site specifications other than those outlined in this chapter on a
					 site specific or project specific basis for airport projects funded with
					 aviation development grants, including but not limited to the following:
(1) The sequencing or phasing of construction
					 in a special manner.
(2) The
					 construction or demolition of other projects or structures.
(3) The purchase of additional
					 property.
(4) The clearing of
					 land.
(5) The completion of certain
					 preventive maintenance procedures at specified intervals.
(6) The maintenance of a specified level of
					 minimum available services.
(7) The
					 maintenance of the general grounds and property of a facility in an orderly,
					 efficient and safe manner.
(8) The
					 acquisition of necessary permits or licenses from other Federal, State or local
					 agencies.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.11 - Audit and recordkeeping requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
.
(1) A sponsor receiving an aviation
					 development grant shall keep records as the Department may prescribe, including
					 records which fully disclose the amount and the disposition by the sponsor of
					 the proceeds, the total cost of the plan or program in connection with which
					 the aviation development grant is given or used and the amount and nature of
					 that portion of the cost of the plan or program supplied by other sources and
					 records as will facilitate effective audit.
(2) The Department will have access, for the
					 purpose of audit and examination, to books, documents, papers and records of
					 the sponsor that are pertinent to an aviation development grant received under
					 this chapter. This includes progress audits during the project.
(3) A sponsor is required to establish and
					 maintain an adequate accounting record for an individual project, which will
					 allow the Department to determine the allowability of costs incurred for the
					 project.
(4) A sponsor shall
					 maintain effective control over and accountability for all funds, property and
					 other assets. Sponsors shall adequately safeguard assets and shall assure that
					 they are used solely for authorized purposes.
(5) A sponsor shall establish procedures to
					 minimize the time elapsing between the transfer of funds from the Department
					 and the disbursement by the sponsor whenever funds are advanced by the
					 Department. If this elapsed time exceeds the standards of this chapter, the
					 Department may require the return of interest earned on payments
					 made.
(6) The sponsor shall include
					 in a contract related to a project funded by an aviation development grant, a
					 clause which allows the Department access to the sponsor's records for purposes
					 of accounting and audit.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.12 - Inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 or an agency of the Commonwealth, or both, or person designated or authorized
					 by the Department has the absolute right to inspect, without notice, the sites,
					 proposed sites, records and construction or materials relating to an airport
					 project funded by an aviation development grant.
(b) An inspection ordered by the Department
					 or conducted under its authority may include, but not necessarily be limited
					 to, the reproduction and examination of records, the taking of samples
					 applicable to site evaluation or project quality control, the validation of
					 metes and bounds, the use of a site or project, or the assessment of any factor
					 relevant to an airport project, application, or contracts and terms related to
					 the aviation development grant process.
(c) A sponsor's denial of access to records,
					 failure to produce records or obstruction with an inspection may result in
					 withdrawal of the aviation development grant and disqualification from future
					 consideration for an aviation development grant.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.13 - Payment procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise specified by the Department, the
						following general procedures are to be used for funds from an aviation
						development grant:
(1) Prior to
					 disbursement of funds, the Department reserves the right to conduct site
					 inspections and test, or to review and audit records or accounts to validate,
					 to the satisfaction of the Department, that disbursement of funds is
					 warranted.
(2) A sponsor, having
					 received payment or partial payment or reimbursement under an aviation
					 development grant, shall make payments, within 30 calendar days from receipt of
					 funds, to vendors and contractors for services and materials properly invoiced
					 under the applicable project.
(3) A
					 sponsor shall forward requests for payment to the Department on the forms
					 provided. A request must include submission of actual cost documentation,
					 consisting of approved contract estimates of work-in-place, approved invoices
					 or other evidence of incurred costs, satisfactory to the Department. The final
					 10% of the total payment may not be paid by the sponsor until final inspection
					 and approval of the project by the Department.
(4) Payment requests shall be limited to
					 monthly submissions. The Bureau may request additional submissions to
					 facilitate the end of year and grant closeout requirements.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.14 - Liability; forfeiture of funds; repayment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a sponsor fails to comply with an
					 offer or aviation development grant agreement, the sponsor shall immediately
					 reimburse the Department the amount for which a demand is made by the
					 Department.
(b) The claim shall be
					 a first lien on the airport property to the extent of the unpaid balance. The
					 Department may seek judgements to seize, attach or place liens on the assets or
					 accounts of a sponsor declared in default.
This section cited in 67 Pa. Code §
													473.16 (relating to
						  appeal).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.15 - Waiver

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Waiver
					 of requirements.
The Department may waive requirements to submit
					 specific maps, reports, plans, information or data normally required for a
					 grant application. The waivers may be granted only after written request to the
					 Director and formal written response to the sponsor by the Director prior to
					 submission of the completed application to the Bureau.
(b)
Special projects
					 procedures.
The Department may develop modified procedures for grant
					 applications pertaining to, but not limited to, runway markings, highway
					 signing or highway visibility markers.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 473 - AVIATION DEVELOPMENT GRANTS › Section 473.16 - Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
A person aggrieved by a decision of the Department under
						§
											473.14 (relating to liability;
						forfeiture of funds; repayment) may take an appeal under
						2
						Pa.C.S. §§
												501-508 and
						701-704 (relating to
						practice and procedure of Commonwealth agencies and judicial review of
						Commonwealth agency action) and 1 Pa. Code Part II (relating to general rules
						of administrative practice and procedure).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › GENERAL › Section 476.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth the minimum standards for
						  conducting fixed base operations at Commonwealth-owned
						  airports.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › GENERAL › Section 476.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  chapter, have the following meanings, unless the context clearly indicates
						  otherwise:
AVGAS
-Aviation gasoline used in
						  propeller-driven piston aircraft.
Apron
-A defined area on an airport
						  intended to accommodate aircraft for purposes of loading or unloading
						  passengers or cargo, refueling, parking or maintenance.
Bureau
-The Bureau of Aviation of the
						  Department.
Code
-74 Pa.C.S. Part III (relating to
						  the Aviation Code).
Department
-The Department of
						  Transportation of the Commonwealth.
Director
-The Director of the
						  Bureau.
FAA
-The Federal Aviation
						  Administration.
FBO-fixed base operator
-A commercial
						  enterprise that has entered into a lease agreement with the Department to
						  provide services which may include the following:
(i) Aircraft fueling and oil
						dispensing.
(ii) Aircraft, parking,
						tie-down and hangar storage.
(iii)
						Airframe, power plant and accessory service.
(iv) Radio and instrument service.
(v) Air charter and flight instruction for
						airport users.
(vi) Ground
						services.
Ground services
-Services provided by
						  the FBO including:
(i) Aircraft
						towing.
(ii) Baggage
						handling.
(iii)
						Deicing-glycol.
(iv) Power
						starts-A. C. and D. C.
(v) Air
						start.
(vi) Lavatory
						service.
(vii) Potable
						water.
(viii) Aircraft
						cleaning-interior and exterior.
(ix) Cabin supplies.
NFPA
-National Fire Protection
						  Agency.
Taxi-out
-The movement of an airplane,
						  under its own power, from its fixed position at an apron or parking position to
						  the runway.
Tie-down
-Securing of an aircraft by
						  binding anchors or ropes or other similar methods.
User
-An airport customer who desires
						  to utilize a service offered by an FBO.
Unairworthy aircraft
-An aircraft that
						  does not meet its FAA type certification or is in a condition that is unsafe
						  for operation in the air, and is not under the care and control of an FBO for
						  maintenance.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.11 - Minimum facilities-Harrisburg International Airport

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the criteria for the minimum
						  facilities an FBO shall provide for the Harrisburg International
						  Airport:
(1)
Aircraft
						parking-paved apron.
The FBO shall provide a minimum of 50,000 square
						feet to accommodate aircraft parking and tie-downs, with taxi-out capability
						including sufficient taxi clearances.
(2)
Automobile parking.
The
						FBO shall provide 10,000 square feet of space for automobile parking.
(3)
Buildings.
The FBO shall
						provide a lounge, public restrooms, training and flight planning offices of at
						least 2,000 square feet, and a hangar of at least 10,000 square feet. The
						hangar shall be used for aircraft maintenance and storage and have aircraft
						door openings of at least 60 feet in width and at least 17 feet in
						height.
(4)
Fuel
						service.
The FBO shall provide fuel for one grade of AVGAS in addition
						to appropriate jet fuel. Fuel storage tanks, equipment and personnel shall
						comply with applicable Federal, State and local regulations.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.12 - Minimum facilities-Capital City Airport

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the criteria for the minimum
						  facilities an FBO shall provide for the Capital City Airport:
(1)
Aircraft parking-paved
						apron.
The FBO shall provide a minimum of 40,000 square feet to
						accommodate aircraft parking and tie-downs, with taxi-out capability including
						sufficient taxi clearances.
(2)
Automobile parking.
The FBO shall provide 10,000 square feet
						of space for automobile parking.
(3)
Buildings.
The FBO shall
						provide a lounge, public restrooms, training and flight planning offices of at
						least 2,000 square feet, and a hangar of at least 10,000 square feet. The
						hangar shall be used for aircraft maintenance and storage and have aircraft
						door openings of at least 60 feet in width and at least 17 feet in
						height.
(4)
Fuel
						service.
The FBO shall provide fuel for one grade of AVGAS in addition
						to appropriate jet fuel. Fuel storage tanks, equipment and personnel shall
						comply with applicable Federal, State and local regulations.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.13 - Mandatory services

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Primary services.
The FBO shall provide aircraft fueling and
						oil dispensing services as set forth in §
												476.14 (relating to aircraft
						fueling and oil dispensing services), and aircraft parking, tie-down and hangar
						storage services as set forth in §
												476.15 (relating to aircraft
						parking, tie-down and hangar storage services).
(b)
Secondary services.
In
						addition to the services set forth in subsection (a), the FBO shall provide two
						of the following services:
(1) Airframe,
						power plant and accessory services as set forth in §
													476.16 (relating to airframe,
						power plant and accessory services).
(2) Radio and instrument services as set
						forth in §
													476.17 (relating to radio and
						instrument services).
(3) Air taxi
						and charter services as set forth in §
													476.18 (relating to air taxi and
						charter services).
(4) Flight
						training services as set forth in §
													476.19 (relating to flight
						training services).
(5) Ground
						handling support services as set forth in §
													476.20 (relating to ground
						handling support services).