[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Proposed Rules]
[Pages 39446-39447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15912]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 139
Draft Parachute Landing Area Standards
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Request for comment.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT), invites the United States Parachute Association,
skydiving businesses, airport operators, airport consultants, industry
representatives and all other interested parties to review and comment
on the draft ``Parachute Landing Area Standards'' contained in Change
19 to the Airport Design Advisory Circular (``AC''), AC 150/5300-13.
This change establishes new standards and recommendations for parachute
landing areas on airports. This action proposes to clarify the FAA
policies and standards concerning access to federally obligated
airports for parachute landing activities. It also proposes to clarify
Grant Assurance No. 22, ``Economic Nondiscrimination,'' which is
required of a sponsor as a condition of receiving a grant under the
Airport Improvement Program (AIP), to incorporate these standards.
DATES: Comments must be received on or before August 17, 2012.
ADDRESSES: Comments must be submitted by:
Hand Delivery/Courier: Federal Aviation Administration,
800 Independence Avenue SW., AAS-100, Room 621, Washington, DC 20590.
Fax: (202) 267-3688.
FOR FURTHER INFORMATION CONTACT: Khalil Elias Kodsi, P.E. PMP, Airport
Engineering Division, (AAS-100), Federal Aviation Administration, 800
Independence Ave. SW., Washington, DC 20591; telephone (202) 267-7553.
SUPPLEMENTARY INFORMATION: The FAA has posted Change 19 for the
Advisory Circular on the Internet at: http://www.faa.gov/airports/resources/advisory_circulars/
Pursuant to 49 U.S.C. 47107(h), the Secretary of Transportation is
required to provide notice and comment in the Federal Register and an
opportunity for the public to comment upon proposals to modify the
assurances or add new assurances.
The purpose of this document is twofold: (1) To provide notice of
the proposed modification of Grant Assurance No. 22 and to provide an
opportunity to comment consistent with 49 U.S.C. 47107(h), and (2) to
invite interested parties to review and comment on the draft
``Parachute Landing Area Standards'' contained in Change 19 to the
Airport Design Advisory Circular, AC 150/5300-13. The FAA interprets 49
U.S.C. 47107(a)(1), and the corollary grant assurance No. 22,
``Economic Nondiscrimination,'' to require airports obligated under AIP
grants (which includes sponsors that are holders of Airport Operating
Certificates issued under 14 CFR part 139) to comply with new PLA
Standards set forth in Change 19 to AC 150/5300-13, ``Airport Design,''
which address hazards, PLA size and location, and recommended markings.
The FAA proposes to use these standards; along with changes in its
safety assessment review process, to provide a more consistent and
objective examination of requests for parachute landing areas on
federally obligated airports. The new standards and the updated review
process will ensure that airport sponsors are able to implement new
PLAs safely and efficiently. The PLA Standards will apply at the time
airports enter into new grant agreements with the FAA subsequent to the
effective date of Change 19 to AC No. 150/5300-13, ``Airport Design.''
The FAA proposes to modify AIP Grant Assurance No. 22, ``Economic
Nondiscrimination,'' to clarify that sponsor must comply with Parachute
Landing Area (PLA) Standards set forth in Change 19 to AC 150/5300-13,
``Airport Design,'' which address hazards, PLA size and location, and
recommended markings. These standards are designed to provide a more
consistent and objective examination of requests for parachute landing
areas on federally obligated airports. The standards will ensure that
sponsors are able to implement new PLAs safely and efficiently.
Title 49 of the United States Code, section 47108(a), provides that
the Secretary may impose terms on the offer of Federal funds for AIP
funded airport development projects that the Secretary considers
necessary. Uniform design standards for airports can be found in FAA
advisory circulars and mandatory use is generally required on all AIP
projects. In exchange for AIP grant funds, an airport sponsor is
required by 49 U.S.C. 47107(a) to certify to the Secretary that it will
comply with a number of Federal laws, policies, and grant assurances.
Grant Assurance No. 22, ``Economic Nondiscrimination,'' requires an
airport sponsor to ``make the airport available as an airport for
public
[[Page 39447]]
use on reasonable terms and without unjust discrimination to all types,
kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public at the
airport.''
Parachuting is an aeronautical activity. See AC-105.2D. For several
years, airport sponsors, skydiving operators and airport users have
expressed concerns to the FAA about the safety assessment process the
FAA uses to evaluate parachute operations and the siting of Parachute
Landing Areas on federally obligated airports. These concerns include
the amount of time required from airport sponsors, skydiving operators,
and the FAA to conduct safety assessments, and the resulting access
delays that can occur for skydiving operators. The PLA standards and
safety risk assessment procedures are an attempt to address these
issues. With these standards, along with changes to the safety
assessment review process, the FAA also seeks to gain greater national
coordination and consistency in its safety assessments and to ensure
that these standards are applied objectively and uniformly across the
country. Some airport sponsors have cited reasons of safety and/or
efficiency and have been generally reluctant to allow the establishment
of on-airport parachute landing areas. Airport sponsors generally do
not object to the takeoff and landing of aircraft that are used to
transport skydivers, but argue that having the skydivers land on the
airport property creates safety and/or efficiency concerns when
combined with other aeronautical users.
Change 19 of AC 150/5300-13, ``Airport Design,'' establishes new
standards for on-airport PLAs, including size, location and recommended
markings. The FAA proposes to use these standards; along with changes
in its safety assessment review process, to provide a more consistent
and objective examination of requests for parachute landing areas on
federally obligated airports. This new standard, combined with the new
request review process, will ensure that airport sponsors are able to
implement new PLAs safely and efficiently.
Reviewers will also have access, via the FAA listed web link above,
to the FAA William J. Hughes Technical Center Report entitled,
``Development of Criteria for Parachute Landing Areas on Airports,'' as
well as to a database report of accidents and incidents related to
parachute operations from the Aviation System Information Analysis and
Sharing (ASIAS) database.
As required under 49 U.S.C. 47107(h), the FAA is providing notice
that it interprets 49 U.S.C. 47107(a) (1), and the corollary grant
assurance No. 22, ``Economic Nondiscrimination,'' to require airports
that accept new AIP grants (which would include sponsors that are
holders of Airport Operating Certificates issued under 14 CFR part 139)
to comply with new PLA Standards set forth in Change 19 to AC 150/5300-
13, ``Airport Design.'' The new standards address hazards, PLA size and
location, and recommended markings. In consideration of the above, the
FAA proposes to modify the current version of Grant Assurance No.22,
``Economic Nondiscrimination,'' to add new paragraph (j) to read as
follows:
C. Sponsor Certification. The sponsor hereby assures and certifies,
with respect to this grant, that:
22. Economic Nondiscrimination
j. It will comply with Parachute Landing Area (PLA) Standards
set forth to 150-5300 series AC ``Airport Design,'' which addresses
hazards, PLA size and location, and recommended markings.
The PLA Standards will take effect at the time airports enter into
new grant agreements with the FAA subsequent to the effective date of
Change 19 to AC No. 150/5300-13, ``Airport Design.'' For an airport
that has an existing parachute landing area, the airport will have 60
months from the date it enters into the grant agreement to come into
compliance with the new PLA standards. If an airport is not able to
modify its existing parachute landing area to comply within this
timeframe, the airport must provide the FAA with a plan prior to the
end of the 60 months. This plan must be submitted to the local FAA
Airports District Office or Regional Airports Office (where applicable)
for approval, and must include a timetable describing how the airport
will meet the PLA Standards within a timeframe acceptable to the
Administrator. For other airports, the Standards are recommended.
It should be noted that in Change 19, the FAA has modified
paragraph 3, ``Application,'' to reflect that the standards in the
Airport Design AC may be used by certificated airports as a means of
satisfying specific requirements in subparts C and D of 14 CFR part
139. This text was inadvertently removed from the prior version of the
Airport Design AC. The next text reads,
The standards and recommendations contained in this AC may be used
by certificated airports to satisfy specific requirements of Federal
Aviation Regulations (FAR) part 139, ``Certification of Airports,''
subparts C (Airport Certification Manual) and D (Operations).
Issued in Washington, DC, on June 22, 2012.
Michael J. O'Donnell,
Director, Office of Airport Safety and Standards.
[FR Doc. 2012-15912 Filed 6-29-12; 4:15 pm]
BILLING CODE 4910-13-P