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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.
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Title 14—
For this volume, Carol A. Conroy was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.
(This book contains parts 140 to 199)
49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709, 44711, 45102-45103, 45301-45302.
This part prescribes the requirements for issuing pilot school certificates,
No person may operate as a certificated pilot school without, or in violation of, a pilot school certificate or provisional pilot school certificate issued under this part.
An applicant may be issued a pilot school certificate with associated ratings if the applicant:
(a) Completes the application for a pilot school certificate on a form and in a manner prescribed by the Administrator;
(b) Holds a provisional pilot school certificate, issued under this part, for at least 24 calendar months preceding the month in which the application for a pilot school certificate is made;
(c) Meets the applicable requirements of subparts A through C of this part for the school ratings sought; and
(d) Has trained and recommended for pilot certification and rating tests, within 24 calendar months preceding the month the application is made for the pilot school certificate, at least 10 students for a knowledge or practical test for a pilot certificate, flight instructor certificate, ground instructor certificate, an additional rating, an end-of-course test for a training course specified in appendix K to this part, or any combination of those tests, and at least 80 percent of all tests administered were passed on the first attempt.
An applicant that meets the applicable requirements of subparts A, B, and C of this part, but does not meet the recent training activity requirements of § 141.5(d) of this part, may be issued a provisional pilot school certificate with ratings.
An applicant is issued examining authority for its pilot school certificate if the applicant meets the requirements of subpart D of this part.
(a) The ratings listed in paragraph (b) of this section may be issued to an applicant for:
(1) A pilot school certificate, provided the applicant meets the requirements of § 141.5 of this part; or
(2) A provisional pilot school certificate, provided the applicant meets the requirements of § 141.7 of this part.
(b) An applicant may be authorized to conduct the following courses:
(1)
(i) Recreational pilot course.
(ii) Private pilot course.
(iii) Commercial pilot course.
(iv) Instrument rating course.
(v) Airline transport pilot course.
(vi) Flight instructor course.
(vii) Flight instructor instrument course.
(viii) Ground instructor course.
(ix) Additional aircraft category or class rating course.
(x) Aircraft type rating course.
(2)
(i) Pilot refresher course.
(ii) Flight instructor refresher course.
(iii) Ground instructor refresher course.
(iv) Agricultural aircraft operations course.
(v) Rotorcraft external-load operations course.
(vi) Special operations course.
(vii) Test pilot course.
(3)
(a) Application for an original certificate and rating, an additional rating, or the renewal of a certificate under this part must be made on a form and in a manner prescribed by the Administrator.
(b) Application for the issuance or amendment of a certificate or rating must be accompanied by two copies of
(a) Unless surrendered, suspended, or revoked, a pilot school's certificate or a provisional pilot school's certificate expires:
(1) On the last day of the 24th calendar month from the month the certificate was issued;
(2) Except as provided in paragraph (b) of this section, on the date that any change in ownership of the school occurs;
(3) On the date of any change in the facilities upon which the school's certificate is based occurs; or
(4) Upon notice by the Administrator that the school has failed for more than 60 days to maintain the facilities, aircraft, or personnel required for any one of the school's approved training courses.
(b) A change in the ownership of a pilot school or provisional pilot school does not terminate that school's certificate if, within 30 days after the date that any change in ownership of the school occurs:
(1) Application is made for an appropriate amendment to the certificate; and
(2) No change in the facilities, personnel, or approved training courses is involved.
(c) An examining authority issued to the holder of a pilot school certificate expires on the date that the pilot school certificate expires, or is surrendered, suspended, or revoked.
If the holder of a certificate issued under this part permits any aircraft owned or leased by that holder to be engaged in any operation that the certificate holder knows to be in violation of § 91.19(a) of this chapter, that operation is a basis for suspending or revoking the certificate.
(a) Each holder of a pilot school certificate or a provisional pilot school certificate must display that certificate in a place in the school that is normally accessible to the public and is not obscured.
(b) A certificate must be made available for inspection upon request by:
(1) The Administrator;
(2) An authorized representative of the National Transportation Safety Board; or
(3) A Federal, State, or local law enforcement officer.
Each holder of a certificate issued under this part must allow the Administrator to inspect its personnel, facilities, equipment, and records to determine the certificate holder's:
(a) Eligibility to hold its certificate;
(b) Compliance with 49 U.S.C. 40101
(c) Compliance with the Federal Aviation Regulations.
(a) The holder of a pilot school certificate or a provisional pilot school certificate may not make any statement relating to its certification and ratings that is false or designed to mislead any person contemplating enrollment in that school.
(b) The holder of a pilot school certificate or a provisional pilot school certificate may not advertise that the school is certificated unless it clearly differentiates between courses that have been approved under part 141 of this chapter and those that have not been approved under part 141 of this chapter.
(c) The holder of a pilot school certificate or a provisional pilot school certificate must promptly remove:
(1) From vacated premises, all signs indicating that the school was certificated by the Administrator; or
(2) All indications (including signs), wherever located, that the school is certificated by the Administrator when its certificate has expired or has been surrendered, suspended, or revoked.
(a) Each holder of a pilot school or a provisional pilot school certificate
(b) The facilities and equipment at the principal business office must be adequate to maintain the files and records required to operate the business of the school.
(c) The principal business office may not be shared with, or used by, another pilot school.
(d) Before changing the location of the principal business office or the operations base, each certificate holder must notify the FAA Flight Standards District Office having jurisdiction over the area of the new location, and the notice must be:
(1) Submitted in writing at least 30 days before the change of location; and
(2) Accompanied by any amendments needed for the certificate holder's approved training course outline.
(e) A certificate holder may conduct training at an operations base other than the one specified in its certificate, if:
(1) The Administrator has inspected and approved the base for use by the certificate holder; and
(2) The course of training and any needed amendments have been approved for use at that base.
A training center certificated under part 142 of this chapter may provide the training, testing, and checking for pilot schools certificated under part 141 of this chapter, and is considered to meet the requirements of part 141, provided—
(a) There is a training agreement between the certificated training center and the pilot school;
(b) The training, testing, and checking provided by the certificated training center is approved and conducted under part 142;
(c) The pilot school certificated under part 141 obtains the Administrator's approval for a training course outline that includes the training, testing, and checking to be conducted under part 141 and the training, testing, and checking to be conducted under part 142; and
(d) Upon completion of the training, testing, and checking conducted under part 142, a copy of each student's training record is forwarded to the part 141 school and becomes part of the student's permanent training record.
(a)
(2) A pilot school may have its school certificate and ratings renewed for an additional 24 calendar months if the Administrator determines the school's personnel, aircraft, facility and airport, approved training courses, training records, and recent training ability and quality meet the requirements of this part.
(3) A pilot school that does not meet the renewal requirements in paragraph (a)(2) of this section, may apply for a provisional pilot school certificate if the school meets the requirements of § 141.7 of this part.
(b)
(2) A provisional pilot school may apply for a pilot school certificate and associated ratings provided that school meets the requirements of § 141.5 of this part.
(3) A former provisional pilot school may apply for another provisional pilot school certificate, provided 180 days have elapsed since its last provisional pilot school certificate expired.
(a) This subpart prescribes:
(1) The personnel and aircraft requirements for a pilot school certificate or a provisional pilot school certificate; and
(2) The facilities that a pilot school or provisional pilot school must have available on a continuous basis.
(b) As used in this subpart, to have continuous use of a facility, including an airport, the school must have:
(1) Ownership of the facility or airport for at least 6 calendar months after the date the application for initial certification and on the date of renewal of the school's certificate is made; or
(2) A written lease agreement for the facility or airport for at least 6 calendar months after the date the application for initial certification and on the date of renewal of the school's certificate is made.
(a) An applicant for a pilot school certificate or for a provisional pilot school certificate must meet the following personnel requirements:
(1) Each applicant must have adequate personnel, including certificated flight instructors, certificated ground instructors, or holders of a commercial pilot certificate with a lighter-than-air rating, and a chief instructor for each approved course of training who is qualified and competent to perform the duties to which that instructor is assigned.
(2) If the school employs dispatchers, aircraft handlers, and line and service personnel, then it must instruct those persons in the procedures and responsibilities of their employment.
(3) Each instructor to be used for ground or flight training must hold a flight instructor certificate, ground instructor certificate, or commercial pilot certificate with a lighter-than-air rating, as appropriate, with ratings for the approved course of training and any aircraft used in that course.
(b) An applicant for a pilot school certificate or for a provisional pilot school certificate must designate a chief instructor for each of the school's approved training courses, who must meet the requirements of § 141.35 of this part.
(c) When necessary, an applicant for a pilot school certificate or for a provisional pilot school certificate may designate a person to be an assistant chief instructor for an approved training course, provided that person meets the requirements of § 141.36 of this part.
(d) A pilot school and a provisional pilot school may designate a person to be a check instructor for conducting student stage checks, end-of-course tests, and instructor proficiency checks, provided:
(1) That person meets the requirements of § 141.37 of this part; and
(2) That school has a student enrollment of at least 50 students at the time designation is sought.
(e) A person, as listed in this section, may serve in more than one position for a school, provided that person is qualified for each position.
(a) To be eligible for designation as a chief instructor for a course of training, a person must meet the following requirements:
(1) Hold a commercial pilot certificate or an airline transport pilot certificate, and, except for a chief instructor for a course of training solely for a lighter-than-air rating, a current flight instructor certificate. The certificates must contain the appropriate aircraft category and class ratings for the category and class of aircraft used in the course and an instrument rating, if an instrument rating is required for enrollment in the course of training;
(2) Meet the pilot-in-command recent flight experience requirements of § 61.57 of this chapter;
(3) Pass a knowledge test on—
(i) Teaching methods;
(ii) Applicable provisions of the “Aeronautical Information Manual”;
(iii) Applicable provisions of parts 61, 91, and 141 of this chapter; and
(iv) The objectives and approved course completion standards of the course for which the person seeks to obtain designation.
(4) Pass a proficiency test on instructional skills and ability to train students on the flight procedures and maneuvers appropriate to the course;
(5) Except for a course of training for gliders, balloons, or airships, the chief
(6) A chief instructor for a course of training for gliders, balloons or airships is only required to have 40 percent of the hours required in paragraphs (b) and (d) of this section.
(b) For a course of training leading to the issuance of a recreational or private pilot certificate or rating, a chief instructor must have:
(1) At least 1,000 hours as pilot in command; and
(2) Primary flight training experience, acquired as either a certificated flight instructor or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least—
(i) 2 years and a total of 500 flight hours; or
(ii) 1,000 flight hours.
(c) For a course of training leading to the issuance of an instrument rating or a rating with instrument privileges, a chief instructor must have:
(1) At least 100 hours of flight time under actual or simulated instrument conditions;
(2) At least 1,000 hours as pilot in command; and
(3) Instrument flight instructor experience, acquired as either a certificated flight instructor-instrument or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least—
(i) 2 years and a total of 250 flight hours; or
(ii) 400 flight hours.
(d) For a course of training other than one leading to the issuance of a recreational or private pilot certificate or rating, or an instrument rating or a rating with instrument privileges, a chief instructor must have:
(1) At least 2,000 hours as pilot in command; and
(2) Flight training experience, acquired as either a certificated flight instructor or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least—
(i) 3 years and a total of 1,000 flight hours; or
(ii) 1,500 flight hours.
(e) To be eligible for designation as chief instructor for a ground school course, a person must have 1 year of experience as a ground school instructor at a certificated pilot school.
(a) To be eligible for designation as an assistant chief instructor for a course of training, a person must meet the following requirements:
(1) Hold a commercial pilot or an airline transport pilot certificate and, except for the assistant chief instructor for a course of training solely for a lighter-than-air rating, a current flight instructor certificate. The certificates must contain the appropriate aircraft category, class, and instrument ratings if an instrument rating is required by the course of training for the category and class of aircraft used in the course;
(2) Meet the pilot-in-command recent flight experience requirements of § 61.57 of this chapter;
(3) Pass a knowledge test on—
(i) Teaching methods;
(ii) Applicable provisions of the “Aeronautical Information Manual”;
(iii) Applicable provisions of parts 61, 91, and 141 of this chapter; and
(iv) The objectives and approved course completion standards of the course for which the person seeks to obtain designation.
(4) Pass a proficiency test on the flight procedures and maneuvers appropriate to that course; and
(5) Meet the applicable requirements in paragraphs (b), (c), and (d) of this section. However, an assistant chief instructor for a course of training for gliders, balloons, or airships is only required to have 40 percent of the hours required in paragraphs (b) and (d) of this section.
(b) For a course of training leading to the issuance of a recreational or private pilot certificate or rating, an assistant chief instructor must have:
(1) At least 500 hours as pilot in command; and
(2) Flight training experience, acquired as either a certificated flight instructor or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least—
(i) 1 year and a total of 250 flight hours; or
(ii) 500 flight hours.
(c) For a course of training leading to the issuance of an instrument rating or a rating with instrument privileges, an assistant chief flight instructor must have:
(1) At least 50 hours of flight time under actual or simulated instrument conditions;
(2) At least 500 hours as pilot in command; and
(3) Instrument flight instructor experience, acquired as either a certificated flight instructor-instrument or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least—
(i) 1 year and a total of 125 flight hours; or
(ii) 200 flight hours.
(d) For a course of training other than one leading to the issuance of a recreational or private pilot certificate or rating, or an instrument rating or a rating with instrument privileges, an assistant chief instructor must have:
(1) At least 1,000 hours as pilot in command; and
(2) Flight training experience, acquired as either a certificated flight instructor or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least—
(i) 1
(ii) 750 flight hours.
(e) To be eligible for designation as an assistant chief instructor for a ground school course, a person must have 6 months of experience as a ground school instructor at a certificated pilot school.
(a) To be designated as a check instructor for conducting student stage checks, end-of-course tests, and instructor proficiency checks under this part, a person must meet the eligibility requirements of this section:
(1) For checks and tests that relate to either flight or ground training, the person must pass a test, given by the chief instructor, on—
(i) Teaching methods;
(ii) Applicable provisions of the “Aeronautical Information Manual”;
(iii) Applicable provisions of parts 61, 91, and 141 of this chapter; and
(iv) The objectives and course completion standards of the approved training course for the designation sought.
(2) For checks and tests that relate to a flight training course, the person must—
(i) Meet the requirements in paragraph (a)(1) of this section;
(ii) Hold a commercial pilot certificate or an airline transport pilot certificate and, except for a check instructor for a course of training for a lighter-than-air rating, a current flight instructor certificate. The certificates must contain the appropriate aircraft category, class, and instrument ratings for the category and class of aircraft used in the course;
(iii) Meet the pilot-in-command recent flight experience requirements of § 61.57 of this chapter; and
(iv) Pass a proficiency test, given by the chief instructor or assistant chief instructor, on the flight procedures and maneuvers of the approved training course for the designation sought.
(3) For checks and tests that relate to ground training, the person must—
(i) Meet the requirements in paragraph (a)(1) of this section;
(ii) Except for a course of training for a lighter-than-air rating, hold a current flight instructor certificate or ground instructor certificate with ratings appropriate to the category and class of aircraft used in the course; and
(iii) For a course of training for a lighter-than-air rating, hold a commercial pilot certificate with a lighter-than-air category rating and the appropriate class rating.
(b) A person who meets the eligibility requirements in paragraph (a) of this section must:
(1) Be designated, in writing, by the chief instructor to conduct student stage checks, end-of-course tests, and instructor proficiency checks; and
(2) Be approved by the FAA Flight Standards District Office having jurisdiction over the school.
(c) A check instructor may not conduct a stage check or an end-of-course test of any student for whom the check instructor has:
(1) Served as the principal instructor; or
(2) Recommended for a stage check or end-of-course test.
(a) An applicant for a pilot school certificate or a provisional pilot school certificate must show that he or she has continuous use of each airport at which training flights originate.
(b) Each airport used for airplanes and gliders must have at least one runway or takeoff area that allows training aircraft to make a normal takeoff or landing under the following conditions at the aircraft's maximum certificated takeoff gross weight:
(1) Under wind conditions of not more than 5 miles per hour;
(2) At temperatures in the operating area equal to the mean high temperature for the hottest month of the year;
(3) If applicable, with the powerplant operation, and landing gear and flap operation recommended by the manufacturer; and
(4) In the case of a takeoff—
(i) With smooth transition from liftoff to the best rate of climb speed without exceptional piloting skills or techniques; and
(ii) Clearing all obstacles in the takeoff flight path by at least 50 feet.
(c) Each airport must have a wind direction indicator that is visible from the end of each runway at ground level;
(d) Each airport must have a traffic direction indicator when:
(1) The airport does not have an operating control tower; and
(2) UNICOM advisories are not available.
(e) Except as provided in paragraph (f) of this section, each airport used for night training flights must have permanent runway lights;
(f) An airport or seaplane base used for night training flights in seaplanes is permitted to use adequate nonpermanent lighting or shoreline lighting, if approved by the Administrator.
An applicant for a pilot school certificate or provisional pilot school certificate must show that each aircraft used by that school for flight training and solo flights meets the following requirements:
(a) Each aircraft must be registered as a civil aircraft in the United States;
(b) Each aircraft must be certificated with a standard airworthiness certificate or a primary airworthiness certificate, unless the Administrator determines that due to the nature of the approved course, an aircraft not having a standard airworthiness certificate or primary airworthiness certificate may be used;
(c) Each aircraft must be maintained and inspected in accordance with the requirements under subpart E of part 91 of this chapter that apply to aircraft operated for hire;
(d) Each aircraft used in flight training must have at least two pilot stations with engine-power controls that can be easily reached and operated in a normal manner from both pilot stations; and
(e) Each aircraft used in a course involving IFR en route operations and instrument approaches must be equipped and maintained for IFR operations. For training in the control and precision maneuvering of an aircraft by reference to instruments, the aircraft may be equipped as provided in the approved course of training.
An applicant for a pilot school certificate or a provisional pilot school certificate must show that its flight
(a)
(1) Be a full-size aircraft cockpit replica of a specific type of aircraft, or make, model, and series of aircraft;
(2) Include the hardware and software necessary to represent the aircraft in ground operations and flight operations;
(3) Use a force cueing system that provides cues at least equivalent to those cues provided by a 3 degree freedom of motion system;
(4) Use a visual system that provides at least a 45-degree horizontal field of view and a 30-degree vertical field of view simultaneously for each pilot; and
(5) Have been evaluated, qualified, and approved by the Administrator.
(b)
(1) Be a full-size replica of instruments, equipment panels, and controls of an aircraft, or set of aircraft, in an open flight deck area or in an enclosed cockpit, including the hardware and software for the systems installed that is necessary to simulate the aircraft in ground and flight operations;
(2) Need not have a force (motion) cueing or visual system; and
(3) Have been evaluated, qualified, and approved by the Administrator.
(c)
(a) An applicant for a pilot school certificate or provisional pilot school certificate must show that the applicant has continuous use of a briefing area located at each airport at which training flights originate that is:
(1) Adequate to shelter students waiting to engage in their training flights;
(2) Arranged and equipped for the conduct of pilot briefings; and
(3) Except as provided in paragraph (c) of this section, for a school with an instrument rating or commercial pilot course, equipped with private landline or telephone communication to the nearest FAA Flight Service Station.
(b) A briefing area required by paragraph (a) of this section may not be used by the applicant if it is available for use by any other pilot school during the period it is required for use by the applicant.
(c) The communication equipment required by paragraph (a)(3) of this section is not required if the briefing area and the flight service station are located on the same airport, and are readily accessible to each other.
An applicant for a pilot school or provisional pilot school certificate must show that:
(a) Each room, training booth, or other space used for instructional purposes is heated, lighted, and ventilated to conform to local building, sanitation, and health codes; and
(b) The training facility is so located that the students in that facility are not distracted by the training conducted in other rooms, or by flight and maintenance operations on the airport.
This subpart prescribes the curriculum and course outline requirements for the issuance of a pilot school certificate or provisional pilot school certificate and ratings.
(a)
(b)
(2) An application for the approval of an initial or amended training course must be submitted at least 30 days before any training under that course, or any amendment thereto, is scheduled to begin.
(3) An application for amending a training course must be accompanied by two copies of the amendment.
(c)
(2) An applicant for a pilot school certificate or provisional pilot school certificate may request approval of the training courses specified in § 141.11(b) of this part.
(a) Each training course for which approval is requested must meet the minimum curriculum requirements in accordance with the appropriate appendix of this part.
(b) Except as provided in paragraphs (d) and (e) of this section, each training course for which approval is requested must meet the minimum ground and flight training time requirements in accordance with the appropriate appendix of this part.
(c) Each training course for which approval is requested must contain:
(1) A description of each room used for ground training, including the room's size and the maximum number of students that may be trained in the room at one time;
(2) A description of each type of audiovisual aid, projector, tape recorder, mockup, chart, aircraft component, and other special training aids used for ground training;
(3) A description of each flight simulator or flight training device used for training;
(4) A listing of the airports at which training flights originate and a description of the facilities, including pilot briefing areas that are available for use by the school's students and personnel at each of those airports;
(5) A description of the type of aircraft including any special equipment used for each phase of training;
(6) The minimum qualifications and ratings for each instructor assigned to ground or flight training; and
(7) A training syllabus that includes the following information—
(i) The prerequisites for enrolling in the ground and flight portion of the course that include the pilot certificate and rating (if required by this part), training, pilot experience, and pilot knowledge;
(ii) A detailed description of each lesson, including the lesson's objectives, standards, and planned time for completion;
(iii) A description of what the course is expected to accomplish with regard to student learning;
(iv) The expected accomplishments and the standards for each stage of training; and
(v) A description of the checks and tests to be used to measure a student's accomplishments for each stage of training.
(d) A pilot school may request and receive initial approval for a period of not more than 24 calendar months for any of the training courses of this part without specifying the minimum ground and flight training time requirements of this part, provided the following provisions are met:
(1) The school holds a pilot school certificate issued under this part and has held that certificate for a period of at least 24 consecutive calendar months preceding the month of the request;
(2) In addition to the information required by paragraph (c) of this section, the training course specifies planned ground and flight training time requirements for the course;
(3) The school does not request the training course to be approved for examining authority, nor may that school hold examining authority for that course; and
(4) The practical test or knowledge test for the course is to be given by—
(i) An FAA inspector; or
(ii) An examiner who is not an employee of the school.
(e) A certificated pilot school may request and receive final approval for any
(1) The school has held initial approval for that training course for at least 24 calendar months.
(2) The school has—
(i) Trained at least 10 students in that training course within the preceding 24 calendar months and recommended those students for a pilot, flight instructor, or ground instructor certificate or rating; and
(ii) At least 80 percent of those students passed the practical or knowledge test, or any combination thereof, on the first attempt, and that test was given by—
(A) An FAA inspector; or
(B) An examiner who is not an employee of the school.
(3) In addition to the information required by paragraph (c) of this section, the training course specifies planned ground and flight training time requirements for the course.
(4) The school does not request that the training course be approved for examining authority nor may that school hold examining authority for that course.
An applicant for a pilot school certificate or provisional pilot school certificate may apply for approval to conduct a special course of airman training for which a curriculum is not prescribed in the appendixes of this part, if the applicant shows that the training course contains features that could achieve a level of pilot proficiency equivalent to that achieved by a training course prescribed in the appendixes of this part or the requirements of part 61 of this chapter.
This subpart prescribes the requirements for the issuance of examining authority to the holder of a pilot school certificate, and the privileges and limitations of that examining authority.
(a) A pilot school must meet the following prerequisites to receive initial approval for examining authority:
(1) The school must complete the application for examining authority on a form and in a manner prescribed by the Administrator;
(2) The school must hold a pilot school certificate and rating issued under this part;
(3) The school must have held the rating in which examining authority is sought for at least 24 consecutive calendar months preceding the month of application for examining authority;
(4) The training course for which examining authority is requested may not be a course that is approved without meeting the minimum ground and flight training time requirements of this part; and
(5) Within 24 calendar months before the date of application for examining authority, that school must meet the following requirements—
(i) The school must have trained at least 10 students in the training course for which examining authority is sought and recommended those students for a pilot, flight instructor, or ground instructor certificate or rating; and
(ii) At least 90 percent of those students passed the required practical or knowledge test, or any combination thereof, for the pilot, flight instructor, or ground instructor certificate or rating on the first attempt, and that test was given by—
(A) An FAA inspector; or
(B) An examiner who is not an employee of the school.
(b) A pilot school must meet the following requirements to retain approval of its examining authority:
(1) The school must complete the application for renewal of its examining authority on a form and in a manner prescribed by the Administrator;
(2) The school must hold a pilot school certificate and rating issued under this part;
(3) The school must have held the rating for which continued examining authority is sought for at least 24 calendar months preceding the month of
(4) The training course for which continued examining authority is requested may not be a course that is approved without meeting the minimum ground and flight training time requirements of this part.
A pilot school that holds examining authority may recommend a person who graduated from its course for the appropriate pilot, flight instructor, or ground instructor certificate or rating without taking the FAA knowledge test or practical test in accordance with the provisions of this subpart.
A pilot school that holds examining authority may only recommend the issuance of a pilot, flight instructor, or ground instructor certificate and rating to a person who does not take an FAA knowledge test or practical test, if the recommendation for the issuance of that certificate or rating is in accordance with the following requirements:
(a) The person graduated from a training course for which the pilot school holds examining authority.
(b) Except as provided in this paragraph, the person satisfactorily completed all the curriculum requirements of that pilot school's approved training course. A person who transfers from one part 141 approved pilot school to another part 141 approved pilot school may receive credit for that previous training, provided the following requirements are met:
(1) The maximum credited training time does not exceed one-half of the receiving school's curriculum requirements;
(2) The person completes a knowledge and proficiency test conducted by the receiving school for the purpose of determining the amount of pilot experience and knowledge to be credited;
(3) The receiving school determines (based on the person's performance on the knowledge and proficiency test required by paragraph (b)(2) of this section) the amount of credit to be awarded, and records that credit in the person's training record;
(4) The person who requests credit for previous pilot experience and knowledge obtained the experience and knowledge from another part 141 approved pilot school and training course; and
(5) The receiving school retains a copy of the person's training record from the previous school.
(c) Tests given by a pilot school that holds examining authority must be approved by the Administrator and be at least equal in scope, depth, and difficulty to the comparable knowledge and practical tests prescribed by the Administrator under part 61 of this chapter.
(d) A pilot school that holds examining authority may not use its knowledge or practical tests if the school:
(1) Knows, or has reason to believe, the test has been compromised; or
(2) Is notified by an FAA Flight Standards District Office that there is reason to believe or it is known that the test has been compromised.
(e) A pilot school that holds examining authority must maintain a record of all temporary airman certificates it issues, which consist of the following information:
(1) A chronological listing that includes—
(i) The date the temporary airman certificate was issued;
(ii) The student to whom the temporary airman certificate was issued, and that student's permanent mailing address and telephone number;
(iii) The training course from which the student graduated;
(iv) The name of person who conducted the knowledge or practical test;
(v) The type of temporary airman certificate or rating issued to the student; and
(vi) The date the student's airman application file was sent to the FAA for processing for a permanent airman certificate.
(2) A copy of the record containing each student's graduation certificate, airman application, temporary airman certificate, superseded airman certificate (if applicable), and knowledge test or practical test results; and
(3) The records required by paragraph (e) of this section must be retained for 1 year and made available to the Administrator upon request. These records must be surrendered to the Administrator when the pilot school ceases to have examining authority.
(f) Except for pilot schools that have an airman certification representative, when a student passes the knowledge test or practical test, the pilot school that holds examining authority must submit that student's airman application file and training record to the FAA for processing for the issuance of a permanent airman certificate.
This subpart prescribes the operating rules applicable to a pilot school or provisional pilot school certificated under the provisions of this part.
(a) The holder of a pilot school certificate or a provisional pilot school certificate may advertise and conduct approved pilot training courses in accordance with the certificate and any ratings that it holds.
(b) A pilot school that holds examining authority for an approved training course may recommend a graduate of that course for the issuance of an appropriate pilot, flight instructor, or ground instructor certificate and rating, without taking an FAA knowledge test or practical test, provided the training course has been approved and meets the minimum ground and flight training time requirements of this part.
The following items must be carried on each aircraft used for flight training and solo flights:
(a) A pretakeoff and prelanding checklist; and
(b) The operator's handbook for the aircraft, if one is furnished by the manufacturer, or copies of the handbook if furnished to each student using the aircraft.
(a) The holder of a pilot school certificate or a provisional pilot school certificate may not issue a graduation certificate to a student, or recommend a student for a pilot certificate or rating, unless the student has:
(1) Completed the training specified in the pilot school's course of training; and
(2) Passed the required final tests.
(b) Except as provided in paragraph (c) of this section, the holder of a pilot school certificate or a provisional pilot school certificate may not graduate a student from a course of training unless the student has completed all of the curriculum requirements of that course;
(c) A student may be given credit towards the curriculum requirements of a course for previous pilot experience and knowledge, provided the following conditions are met:
(1) If the credit is based upon a part 141-approved training course, the credit given that student for the previous pilot experience and knowledge may be 50 percent of the curriculum requirements and must be based upon a proficiency test or knowledge test, or both, conducted by the receiving pilot school;
(2) If the credit is not based upon a part 141-approved training course, the credit given that student for the previous pilot experience and knowledge shall not exceed more than 25 percent of the curriculum requirements and must be based upon a proficiency test or knowledge test, or both, conducted by the receiving pilot school;
(3) The receiving school determines the amount of course credit to be transferred under paragraph (c)(1) or paragraph (c)(2) of this section, based on a proficiency test or knowledge test, or both, of the student; and
(4) Credit for training specified in paragraph (c)(1) or paragraph (c)(2) of this section may be given only if the previous provider of the training has certified in writing, or other form acceptable to the Administrator as to the kind and amount of training provided,
(a) No person other than a certificated flight instructor or commercial pilot with a lighter-than-air rating who has the ratings and the minimum qualifications specified in the approved training course outline may give a student flight training under an approved course of training.
(b) No student pilot may be authorized to start a solo practice flight from an airport until the flight has been approved by a certificated flight instructor or commercial pilot with a lighter-than-air rating who is present at that airport.
(c) Each chief instructor and assistant chief instructor assigned to a training course must complete, at least once every 12 calendar months, an approved syllabus of training consisting of ground or flight training, or both, or an approved flight instructor refresher course.
(d) Each certificated flight instructor or commercial pilot with a lighter-than-air rating who is assigned to a flight training course must satisfactorily complete the following tasks, which must be administered by the school's chief instructor, assistant chief instructor, or check instructor:
(1) Prior to receiving authorization to train students in a flight training course, must—
(i) Accomplish a review of and receive a briefing on the objectives and standards of that training course; and
(ii) Accomplish an initial proficiency check in each make and model of aircraft used in that training course in which that person provides training; and
(2) Every 12 calendar months after the month in which the person last complied with the requirements of paragraph (d)(1)(ii) of this section, accomplish a recurrent proficiency check in one of the aircraft in which the person trains students.
(a) Except as provided in paragraph (b) of this section, each instructor who is assigned to a ground training course must hold a flight or ground instructor certificate, or a commercial pilot certificate with a lighter-than-air rating, with the appropriate rating for that course of training.
(b) A person who does not meet the requirements of paragraph (a) of this section may be assigned ground training duties in a ground training course, if:
(1) The chief instructor who is assigned to that ground training course finds the person qualified to give that training; and
(2) The training is given while under the supervision of the chief instructor or the assistant chief instructor who is present at the facility when the training is given.
(c) An instructor may not be used in a ground training course until that instructor has been briefed on the objectives and standards of that course by the chief instructor, assistant chief instructor, or check instructor.
(a) Each pilot school or provisional pilot school must meet the following requirements:
(1) Comply with its approved training course; and
(2) Provide training of such quality that meets the requirements of § 141.5(d) of this part.
(b) The failure of a pilot school or provisional pilot school to maintain the quality of training specified in paragraph (a) of this section may be the basis for suspending or revoking that school's certificate.
(c) When requested by the Administrator, a pilot school or provisional pilot school must allow the FAA to administer any knowledge test, practical test, stage check, or end-of-course test to its students.
(d) When a stage check or end-of-course test is administered by the FAA under the provisions of paragraph (c) of this section, and the student has not completed the training course, then
(e) When a practical test or knowledge test is administered by the FAA under the provisions of paragraph (c) of this section, to a student who has completed the school's training course, that test will be based upon the areas of operation approved by the Administrator.
(a) Each person designated as a chief instructor for a pilot school or provisional pilot school shall be responsible for:
(1) Certifying each student's training record, graduation certificate, stage check and end-of-course test report, recommendation for course completion, and application;
(2) Ensuring that each certificated flight instructor, certificated ground instructor, or commercial pilot with a lighter-than-air rating passes an initial proficiency check prior to that instructor being assigned instructing duties in the school's approved training course, and thereafter that the instructor passes a recurrent proficiency check every 12 calendar months after the month in which the initial test was accomplished;
(3) Ensuring that each student accomplishes the required stage checks and end-of-course tests in accordance with the school's approved training course; and
(4) Maintaining training techniques, procedures, and standards for the school that are acceptable to the Administrator.
(b) The chief instructor or an assistant chief instructor must be available at the pilot school or, if away from the pilot school, be available by telephone, radio, or other electronic means during the time that training is given for an approved training course.
(c) The chief instructor may delegate authority for conducting stage checks, end-of-course tests, and flight instructor proficiency checks to the assistant chief instructor or a check instructor.
Whenever a pilot school or provisional pilot school makes a change of designation of its chief instructor, that school:
(a) Must immediately provide the FAA Flight Standards District Office that has jurisdiction over the area in which the school is located with written notification of the change;
(b) May conduct training without a chief instructor for that training course for a period not to exceed 60 days while awaiting the designation and approval of another chief instructor;
(c) May, for a period not to exceed 60 days, have the stage checks and end-of-course tests administered by:
(1) The training course's assistant chief instructor, if one has been designated;
(2) The training course's check instructor, if one has been designated;
(3) An FAA inspector; or
(4) An examiner.
(d) Must, after 60 days without a chief instructor, cease operations and surrender its certificate to the Administrator; and
(e) May have its certificate reinstated, upon:
(1) Designating and approving another chief instructor;
(2) Showing it meets the requirements of § 141.27(a)(2) of this part; and
(3) Applying for reinstatement on a form and in a manner prescribed by the Administrator.
The holder of a pilot school certificate or provisional pilot school certificate may not provide training to a student who is enrolled in an approved course of training unless:
(a) Each airport, aircraft, and facility necessary for that training meets the standards specified in the holder's approved training course outline and the appropriate requirements of this part; and
(b) Except as provided in § 141.87 of this part, each chief instructor, assistant chief instructor, check instructor, or instructor meets the qualifications specified in the holder's approved course of training and the appropriate requirements of this part.
The holder of a pilot school certificate or provisional pilot school certificate may conduct ground training or flight training in an approved course of training at a base other than its main operations base if:
(a) An assistant chief instructor is designated for each satellite base, and that assistant chief instructor is available at that base or, if away from the premises, by telephone, radio, or other electronic means during the time that training is provided for an approved training course;
(b) The airport, facilities, and personnel used at the satellite base meet the appropriate requirements of subpart B of this part and its approved training course outline;
(c) The instructors are under the direct supervision of the chief instructor or assistant chief instructor for the appropriate training course, who is readily available for consultation in accordance with § 141.85(b) of this part; and
(d) The FAA Flight Standards District Office having jurisdiction over the area in which the school is located is notified in writing if training is conducted at a base other than the school's main operations base for more than 7 consecutive days.
(a) The holder of a pilot school certificate or a provisional pilot school certificate must, at the time a student is enrolled in an approved training course, furnish that student with a copy of the following:
(1) A certificate of enrollment containing—
(i) The name of the course in which the student is enrolled; and
(ii) The date of that enrollment.
(2) A copy of the student's training syllabus.
(3) A copy of the safety procedures and practices developed by the school that describe the use of the school's facilities and the operation of its aircraft. Those procedures and practices shall include training on at least the following information—
(i) The weather minimums required by the school for dual and solo flights;
(ii) The procedures for starting and taxiing aircraft on the ramp;
(iii) Fire precautions and procedures;
(iv) Redispatch procedures after unprogrammed landings, on and off airports;
(v) Aircraft discrepancies and approval for return-to-service determinations;
(vi) Securing of aircraft when not in use;
(vii) Fuel reserves necessary for local and cross-country flights;
(viii) Avoidance of other aircraft in flight and on the ground;
(ix) Minimum altitude limitations and simulated emergency landing instructions; and
(x) A description of and instructions regarding the use of assigned practice areas.
(b) The holder of a pilot school certificate or provisional pilot school certificate must maintain a monthly listing of persons enrolled in each training course offered by the school.
(a) The holder of a pilot school certificate or provisional pilot school certificate must issue a graduation certificate to each student who completes its approved course of training.
(b) The graduation certificate must be issued to the student upon completion of the course of training and contain at least the following information:
(1) The name of the school and the certificate number of the school;
(2) The name of the graduate to whom it was issued;
(3) The course of training for which it was issued;
(4) The date of graduation;
(5) A statement that the student has satisfactorily completed each required stage of the approved course of training including the tests for those stages;
(6) A certification of the information contained on the graduation certificate by the chief instructor for that course of training; and
(7) A statement showing the cross-country training that the student received in the course of training.
(a) Each holder of a pilot school certificate or provisional pilot school certificate must establish and maintain a current and accurate record of the participation of each student enrolled in an approved course of training conducted by the school that includes the following information:
(1) The date the student was enrolled in the approved course;
(2) A chronological log of the student's course attendance, subjects, and flight operations covered in the student's training, and the names and grades of any tests taken by the student; and
(3) The date the student graduated, terminated training, or transferred to another school.
(b) The records required to be maintained in a student's logbook will not suffice for the record required by paragraph (a) of this section.
(c) Whenever a student graduates, terminates training, or transfers to another school, the student's record must be certified to that effect by the chief instructor.
(d) The holder of a pilot school certificate or a provisional pilot school certificate must retain each student record required by this section for at least 1 year from the date that the student:
(1) Graduates from the course to which the record pertains;
(2) Terminates enrollment in the course to which the record pertains; or
(3) Transfers to another school.
(e) The holder of a pilot school certificate or a provisional pilot school certificate must make a copy of the student's training record available upon request by the student.
1.
(a) Airplane single-engine.
(b) Rotorcraft helicopter.
(c) Rotorcraft gyroplane.
2.
3.
(a) Applicable Federal Aviation Regulations for recreational pilot privileges, limitations, and flight operations;
(b) Accident reporting requirements of the National Transportation Safety Board;
(c) Applicable subjects in the “Aeronautical Information Manual” and the appropriate FAA advisory circulars;
(d) Use of aeronautical charts for VFR navigation using pilotage with the aid of a magnetic compass;
(e) Recognition of critical weather situations from the ground and in flight, windshear avoidance, and the procurement and use of aeronautical weather reports and forecasts;
(f) Safe and efficient operation of aircraft, including collision avoidance, and recognition and avoidance of wake turbulence;
(g) Effects of density altitude on takeoff and climb performance;
(h) Weight and balance computations;
(i) Principles of aerodynamics, powerplants, and aircraft systems;
(j) Stall awareness, spin entry, spins, and spin recovery techniques, if applying for an airplane single-engine rating;
(k) Aeronautical decision making and judgment; and
(l) Preflight action that includes—
(1) How to obtain information on runway lengths at airports of intended use, data on takeoff and landing distances, weather reports and forecasts, and fuel requirements; and
(2) How to plan for alternatives if the planned flight cannot be completed or delays are encountered.
4.
(1) Except as provided in § 61.100 of this chapter, 2 hours of dual flight training to and at an airport that is located more than 25 nautical miles from the airport where the applicant normally trains, with at least three takeoffs and three landings; and
(2) 3 hours of dual flight training in an aircraft that is appropriate to the aircraft category and class for which the course applies, in preparation for the practical test within 60 days preceding the date of the test.
(b) Each training flight must include a preflight briefing and a postflight critique of the student by the flight instructor assigned to that flight.
(c) Flight training must include the following approved areas of operation appropriate to the aircraft category and class rating—
(1)
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Emergency operations; and
(x) Postflight procedures.
(2)
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Navigation;
(viii) Emergency operations; and
(ix) Postflight procedures.
(3)
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Flight at slow airspeeds;
(ix) Emergency operations; and
(x) Postflight procedures.
5.
6.
(b) Each student must demonstrate satisfactory proficiency prior to receiving an endorsement to operate an aircraft in solo flight.
1.
(a) Airplane single-engine.
(b) Airplane multiengine.
(c) Rotorcraft helicopter.
(d) Rotorcraft gyroplane.
(e) Powered-lift.
(f) Glider.
(g) Lighter-than-air airship.
(h) Lighter-than-air balloon.
2.
3.
(a) Each approved course must include at least the following ground training on the aeronautical knowledge areas listed in paragraph (b) of this section, appropriate to the aircraft category and class rating:
(1) 35 hours of training if the course is for an airplane, rotorcraft, or powered-lift category rating.
(2) 15 hours of training if the course is for a glider category rating.
(3) 10 hours of training if the course is for a lighter-than-air category with a balloon class rating.
(4) 35 hours of training if the course is for a lighter-than-air category with an airship class rating.
(b) Ground training must include the following aeronautical knowledge areas:
(1) Applicable Federal Aviation Regulations for private pilot privileges, limitations, and flight operations;
(2) Accident reporting requirements of the National Transportation Safety Board;
(3) Applicable subjects of the “Aeronautical Information Manual” and the appropriate FAA advisory circulars;
(4) Aeronautical charts for VFR navigation using pilotage, dead reckoning, and navigation systems;
(5) Radio communication procedures;
(6) Recognition of critical weather situations from the ground and in flight, windshear avoidance, and the procurement and use of aeronautical weather reports and forecasts;
(7) Safe and efficient operation of aircraft, including collision avoidance, and recognition and avoidance of wake turbulence;
(8) Effects of density altitude on takeoff and climb performance;
(9) Weight and balance computations;
(10) Principles of aerodynamics, powerplants, and aircraft systems;
(11) If the course of training is for an airplane category or glider category rating, stall awareness, spin entry, spins, and spin recovery techniques;
(12) Aeronautical decision making and judgment; and
(13) Preflight action that includes—
(i) How to obtain information on runway lengths at airports of intended use, data on takeoff and landing distances, weather reports and forecasts, and fuel requirements; and
(ii) How to plan for alternatives if the planned flight cannot be completed or delays are encountered.
4.
(1) 35 hours of training if the course is for an airplane, rotorcraft, powered-lift, or airship rating.
(2) 6 hours of training if the course is for a glider rating.
(3) 8 hours of training if the course is for a balloon rating.
(b) Each approved course must include at least the following flight training:
(1)
(i) Except as provided in § 61.111 of this chapter, 3 hours of cross-country flight training in a single-engine airplane;
(ii) 3 hours of night flight training in a single-engine airplane that includes—
(A) One cross-country flight of more than 100-nautical-miles total distance; and
(B) 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of instrument training in a single-engine airplane; and
(iv) 3 hours of flight training in a single-engine airplane in preparation for the practical test within 60 days preceding the date of the test.
(2)
(i) Except as provided in § 61.111 of this chapter, 3 hours of cross-country flight training in a multiengine airplane;
(ii) 3 hours of night flight training in a multiengine airplane that includes—
(A) One cross-country flight of more than 100-nautical-miles total distance; and
(B) 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of instrument training in a multiengine airplane; and
(iv) 3 hours of flight training in a multiengine airplane in preparation for the practical test within 60 days preceding the date of the test.
(3)
(i) Except as provided in § 61.111 of this chapter, 3 hours of cross-country flight training in a helicopter.
(ii) 3 hours of night flight training in a helicopter that includes—
(A) One cross-country flight of more than 50-nautical-miles total distance; and
(B) 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of flight training in a helicopter in preparation for the practical test within 60 days preceding the date of the test.
(4)
(i) Except as provided in § 61.111 of this chapter, 3 hours of cross-country flight training in a gyroplane.
(ii) 3 hours of night flight training in a gyroplane that includes—
(A) One cross-country flight over 50-nautical-miles total distance; and
(B) 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of flight training in a gyroplane in preparation for the practical test within 60 days preceding the date of the test.
(5)
(i) Except as provided in § 61.111 of this chapter, 3 hours of cross-country flight training in a powered-lift;
(ii) 3 hours of night flight training in a powered-lift that includes—
(A) One cross-country flight of more than 100-nautical-miles total distance; and
(B) 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of instrument training in a powered-lift; and
(iv) 3 hours of flight training in a powered-lift in preparation for the practical test, within 60 days preceding the date of the test.
(6)
(i) Five training flights in a glider with a certificated flight instructor on the launch/tow procedures approved for the course and on the appropriate approved areas of operation listed in paragraph (d)(6) of this section; and
(ii) Three training flights in a glider with a certificated flight instructor in preparation for the practical test within 60 days preceding the date of the test.
(7)
(i) Except as provided in § 61.111 of this chapter, 3 hours of cross-country flight training in an airship;
(ii) 3 hours of night flight training in an airship that includes—
(A) One cross-country flight over 25-nautical-miles total distance; and
(B) Five takeoffs and five landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport.
(iii) 3 hours of instrument training in an airship; and
(iv) 3 hours of flight training in an airship in preparation for the practical test within 60 days preceding the date of the test.
(8)
(i) If the training is being performed in a gas balloon—
(A) Two flights of 1 hour each;
(B) One flight involving a controlled ascent to 3,000 feet above the launch site; and
(C) Two flights in preparation for the practical test within 60 days preceding the date of the test.
(ii) If the training is being performed in a balloon with an airborne heater—
(A) Two flights of 30 minutes each;
(B) One flight involving a controlled ascent to 2,000 feet above the launch site; and
(C) Two flights in preparation for the practical test within 60 days preceding the date of the test.
(c) For use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or flight training device, provided it is representative of the aircraft for which the course is approved, meets the requirements of this paragraph, and the training is given by an authorized instructor.
(2) Training in a flight simulator that meets the requirements of § 141.41(a) of this part may be credited for a maximum of 20 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the requirements of § 141.41(b) of this part may be credited for a maximum of 15 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(4) Training in flight simulators or flight training devices described in paragraphs (c)(2) and (c)(3) of this section, if used in combination, may be credited for a maximum of 20 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less. However, credit for training in a flight training device that meets the requirements of § 141.41(b) cannot exceed the limitation provided for in paragraph (c)(3) of this section.
(d) Each approved course must include the flight training on the approved areas of operation listed in this paragraph that are appropriate to the aircraft category and class rating—
(1)
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Basic instrument maneuvers;
(x) Emergency operations;
(xi) Night operations, and
(xii) Postflight procedures.
(2)
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Basic instrument maneuvers;
(x) Emergency operations;
(xi) Multiengine operations;
(xii) Night operations; and
(xiii) Postflight procedures.
(3)
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Navigation;
(viii) Emergency operations;
(ix) Night operations; and
(x) Postflight procedures.
(4)
(i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Flight at slow airspeeds;
(ix) Emergency operations;
(x) Night operations; and
(xi) Postflight procedures.
(5)
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Ground reference maneuvers;
(viii) Navigation;
(ix) Slow flight and stalls;
(x) Basic instrument maneuvers;
(xi) Emergency operations;
(xii) Night operations; and
(xiii) Postflight procedures.
(6)
(ii) Preflight procedures;
(iii) Airport and gliderport operations;
(iv) Launches/tows, as appropriate, and landings;
(v) Performance speeds;
(vi) Soaring techniques;
(vii) Performance maneuvers;
(viii) Navigation;
(ix) Slow flight and stalls;
(x) Emergency operations; and
(xi) Postflight procedures.
(7)
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Emergency operations; and
(ix) Postflight procedures.
(8)
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Launches and landings;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Emergency operations; and
(viii) Postflight procedures.
5.
(a)
(1) One solo cross-country flight of at least 100 nautical miles with landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 50 nautical miles between the takeoff and landing locations; and
(2) Three takeoffs and three landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport with an operating control tower.
(b)
(1) One cross-country flight of at least 100 nautical miles with landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 50 nautical miles between the takeoff and landing locations; and
(2) Three takeoffs and three landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport with an operating control tower.
(c)
(1) One solo cross-country flight of more than 50 nautical miles with landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 25 nautical miles between the takeoff and landing locations; and
(2) Three takeoffs and three landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport with an operating control tower.
(d)
(1) One solo cross-country flight of more than 50 nautical miles with landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 25 nautical miles between the takeoff and landing locations; and
(2) Three takeoffs and three landings to a full stop (with each landing involving a
(e)
(1) One solo cross-country flight of at least 100 nautical miles with landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 50 nautical miles between the takeoff and landing locations; and
(2) Three takeoffs and three landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport with an operating control tower.
(f)
(g)
(h)
6.
(a) Each student enrolled in a private pilot course must satisfactorily accomplish the stage checks and end-of-course tests in accordance with the school's approved training course, consisting of the approved areas of operation listed in paragraph (d) of section No. 4 of this appendix that are appropriate to the aircraft category and class rating for which the course applies.
(b) Each student must demonstrate satisfactory proficiency prior to receiving an endorsement to operate an aircraft in solo flight.
1.
(a) Instrument—airplane.
(b) Instrument—helicopter.
(c) Instrument—powered-lift.
2.
3.
(1) 30 hours of training if the course is for an initial instrument rating.
(2) 20 hours of training if the course is for an additional instrument rating.
(b) Ground training must include the following aeronautical knowledge areas:
(1) Applicable Federal Aviation Regulations for IFR flight operations;
(2) Appropriate information in the “Aeronautical Information Manual”;
(3) Air traffic control system and procedures for instrument flight operations;
(4) IFR navigation and approaches by use of navigation systems;
(5) Use of IFR en route and instrument approach procedure charts;
(6) Procurement and use of aviation weather reports and forecasts, and the elements of forecasting weather trends on the basis of that information and personal observation of weather conditions;
(7) Safe and efficient operation of aircraft under instrument flight rules and conditions;
(8) Recognition of critical weather situations and windshear avoidance;
(9) Aeronautical decision making and judgment; and
(10) Crew resource management, to include crew communication and coordination.
4.
(1) 35 hours of instrument training if the course is for an initial instrument rating.
(2) 15 hours of instrument training if the course is for an additional instrument rating.
(b) For the use of flight simulators or flight training devices—
(1) The course may include training in a flight simulator or flight training device, provided it is representative of the aircraft for which the course is approved, meets the requirements of this paragraph, and the training is given by an authorized instructor.
(2) Training in a flight simulator that meets the requirements of § 141.41(a) of this part may be credited for a maximum of 50 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the requirements of § 141.41(b) of this part may be credited for a maximum of 40 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(4) Training in flight simulators or flight training devices described in paragraphs (b)(2) and (b)(3) of this section, if used in combination, may be credited for a maximum of 50 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less. However, credit for training in a flight training device that meets the requirements of § 141.41(b) cannot exceed the limitation provided for in paragraph (b)(3) of this section.
(c) Each approved course must include the following flight training—
(1)
(i) Is in the category and class of airplane that the course is approved for, and is performed under IFR;
(ii) Is a distance of at least 250 nautical miles along airways or ATC-directed routing with one segment of the flight consisting of at least a straight-line distance of 100 nautical miles between airports;
(iii) Involves an instrument approach at each airport; and
(iv) Involves three different kinds of approaches with the use of navigation systems.
(2)
(i) Is in a helicopter and is performed under IFR;
(ii) Is a distance of at least 100 nautical miles along airways or ATC-directed routing with one segment of the flight consisting of at least a straight-line distance of 50 nautical miles between airports;
(iii) Involves an instrument approach at each airport; and
(iv) Involves three different kinds of approaches with the use of navigation systems.
(3)
(i) Is in a powered-lift and is performed under IFR;
(ii) Is a distance of at least 250 nautical miles along airways or ATC-directed routing with one segment of the flight consisting of at least a straight-line distance of 100 nautical miles between airports;
(iii) Involves an instrument approach at each airport; and
(iv) Involves three different kinds of approaches with the use of navigation systems.
(d) Each approved course must include the flight training on the approved areas of operation listed in this paragraph appropriate to the instrument aircraft category and class rating for which the course applies:
(1) Preflight preparation;
(2) Preflight procedures;
(3) Air traffic control clearances and procedures;
(4) Flight by reference to instruments;
(5) Navigation systems;
(6) Instrument approach procedures;
(7) Emergency operations; and
(8) Postflight procedures.
5.
1.
(a) Airplane single-engine.
(b) Airplane multiengine.
(c) Rotorcraft helicopter.
(d) Rotorcraft gyroplane.
(e) Powered-lift.
(f) Glider.
(g) Lighter-than-air airship.
(h) Lighter-than-air balloon.
2.
(a) At least a private pilot certificate; and
(b) If the course is for a rating in an airplane or a powered-lift category, then the person must:
(1) Hold an instrument rating in the aircraft that is appropriate to the aircraft category rating for which the course applies; or
(2) Be concurrently enrolled in an instrument rating course that is appropriate to the
3.
(1) 35 hours of training if the course is for an airplane category rating or a powered-lift category rating.
(2) 65 hours of training if the course is for a lighter-than-air category with an airship class rating.
(3) 30 hours of training if the course is for a rotocraft category rating.
(4) 20 hours of training if the course is for a glider category rating.
(5) 20 hours of training if the course is for lighter-than-air category with a balloon class rating.
(b) Ground training must include the following aeronautical knowledge areas:
(1) Federal Aviation Regulations that apply to commercial pilot privileges, limitations, and flight operations;
(2) Accident reporting requirements of the National Transportation Safety Board;
(3) Basic aerodynamics and the principles of flight;
(4) Meteorology, to include recognition of critical weather situations, windshear recognition and avoidance, and the use of aeronautical weather reports and forecasts;
(5) Safe and efficient operation of aircraft;
(6) Weight and balance computations;
(7) Use of performance charts;
(8) Significance and effects of exceeding aircraft performance limitations;
(9) Use of aeronautical charts and a magnetic compass for pilotage and dead reckoning;
(10) Use of air navigation facilities;
(11) Aeronautical decision making and judgment;
(12) Principles and functions of aircraft systems;
(13) Maneuvers, procedures, and emergency operations appropriate to the aircraft;
(14) Night and high-altitude operations;
(15) Descriptions of and procedures for operating within the National Airspace System; and
(16) Procedures for flight and ground training for lighter-than-air ratings.
4.
(1) 120 hours of training if the course is for an airplane or powered-lift rating.
(2) 155 hours of training if the course is for an airship rating.
(3) 115 hours of training if the course is for a rotocraft rating.
(4) 6 hours of training if the course is for a glider rating.
(5) 10 hours of training and 8 training flights if the course is for a balloon rating.
(b) Each approved course must include at least the following flight training:
(1)
(i) 5 hours of instrument training in a single-engine airplane;
(ii) 10 hours of training in a single-engine airplane that has retractable landing gear, flaps, and a controllable pitch propeller, or is turbine-powered;
(iii) One cross-country flight in a single-engine airplane of at least a 2-hour duration, a total straight-line distance of more than 100 nautical miles from the original point of departure, and occurring in day VFR conditions;
(iv) One cross-country flight in a single-engine airplane of at least a 2-hour duration, a total straight-line distance of more than 100 nautical miles from the original point of departure, and occurring in night VFR conditions; and
(v) 3 hours in a single-engine airplane in preparation for the practical test within 60 days preceding the date of the test.
(2)
(i) 5 hours of instrument training in a multiengine airplane;
(ii) 10 hours of training in a multiengine airplane that has retractable landing gear, flaps, and a controllable pitch propeller, or is turbine-powered;
(iii) One cross-country flight in a multiengine airplane of at least a 2-hour duration, a total straight-line distance of more than 100 nautical miles from the original point of departure, and occurring in day VFR conditions;
(iv) One cross-country flight in a multiengine airplane of at least a 2-hour duration, a total straight-line distance of more than 100 nautical miles from the original point of departure, and occurring in night VFR conditions; and
(v) 3 hours in a multiengine airplane in preparation for the practical test within 60 days preceding the date of the test.
(3)
(i) 5 hours of instrument training;
(ii) One cross-country flight in a helicopter of at least a 2-hour duration, a total straight-line distance of more than 50 nautical miles from the original point of departure and occurring in day VFR conditions;
(iii) One cross-country flight in a helicopter of at least a 2-hour duration, a total straight-line distance of more than 50 nautical miles from the original point of departure, and occurring in night VFR conditions; and
(iv) 3 hours in a helicopter in preparation for the practical test within 60 days preceding the date of the test.
(4)
(i) 5 hours of instrument training;
(ii) One cross-country flight in a gyroplane of at least a 2-hour duration, a total straight-line distance of more than 50 nautical miles from the original point of departure, and occurring in day VFR conditions;
(iii) One cross-country flight in a gyroplane of at least a 2-hour duration, a total straight-line distance of more than 50 nautical miles from the original point of departure, and occurring in night VFR conditions; and
(iv) 3 hours in a gyroplane in preparation for the practical test within 60 days preceding the date of the test.
(5)
(i) 5 hours of instrument training in a powered-lift;
(ii) One cross-country flight in a powered-lift of at least a 2-hour duration, a total straight-line distance of more than 100 nautical miles from the original point of departure, and occurring in day VFR conditions;
(iii) One cross-country flight in a powered-lift of at least a 2-hour duration, a total straight-line distance of more than 100 nautical miles from the original point of departure, and occurring in night VFR conditions; and
(iv) 3 hours in a powered-lift in preparation for the practical test within 60 days preceding the date of the test.
(6)
(i) Five training flights in a glider with a certificated flight instructor on the launch/tow procedures approved for the course and on the appropriate approved areas of operation listed in paragraph (d)(6) of this section; and
(ii) Three training flights in a glider with a certificated flight instructor in preparation for the practical test within 60 days preceding the date of the test.
(7)
(i) 3 hours of instrument training in an airship;
(ii) One cross-country flight in an airship of at least a 1-hour duration, a total straight-line distance of more than 25 nautical miles from the original point of departure, and occurring in day VFR conditions; and
(iii) One cross-country flight in an airship of at least a 1-hour duration, a total straight-line distance of more than 25 nautical miles from the original point of departure, and occurring in night VFR conditions; and
(iv) 3 hours in an airship, in preparation for the practical test within 60 days preceding the date of the test.
(8)
(i) If the course involves training in a gas balloon:
(A) Two flights of 1 hour each;
(B) One flight involving a controlled ascent to at least 5,000 feet above the launch site; and
(C) Two flights in preparation for the practical test within 60 days preceding the date of the test.
(ii) If the course involves training in a balloon with an airborne heater:
(A) Two flights of 30 minutes each;
(B) One flight involving a controlled ascent to at least 3,000 feet above the launch site; and
(C) Two flights in preparation for the practical test within 60 days preceding the date of the test.
(c) For the use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or flight training device, provided it is representative of the aircraft for which the course is approved, meets the requirements of this paragraph, and is given by an authorized instructor.
(2) Training in a flight simulator that meets the requirements of § 141.41(a) of this part may be credited for a maximum of 30 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the requirements of § 141.41(b) of this part may be credited for a maximum of 20 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(4) Training in the flight training devices described in paragraphs (c)(2) and (c)(3) of this section, if used in combination, may be credited for a maximum of 30 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less. However, credit for training in a flight training device that meets the requirements of § 141.41(b) cannot exceed the limitation provided for in paragraph (c)(3) of this section.
(d) Each approved course must include the flight training on the approved areas of operation listed in this paragraph that are appropriate to the aircraft category and class rating—
(1)
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Slow flight and stalls;
(viii) Emergency operations;
(ix) High-altitude operations; and
(x) Postflight procedures.
(2)
(ii) Preflight procedures;
(iii) Airport and seaplane base operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Slow flight and stalls;
(viii) Emergency operations;
(ix) Multiengine operations;
(x) High-altitude operations; and
(xi) Postflight procedures.
(3)
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Navigation;
(viii) Emergency operations;
(ix) Special operations; and
(x) Postflight procedures.
(4)
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Navigation;
(vii) Flight at slow airspeeds;
(viii) Emergency operations; and
(ix) Postflight procedures.
(5)
(ii) Preflight procedures;
(iii) Airport and heliport operations;
(iv) Hovering maneuvers;
(v) Takeoffs, landings, and go-arounds;
(vi) Performance maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Emergency operations;
(x) High altitude operations;
(xi) Special operations; and
(xii) Postflight procedures.
(6)
(ii) Preflight procedures;
(iii) Airport and gliderport operations;
(iv) Launches/tows, as appropriate, and landings;
(v) Performance speeds;
(vi) Soaring techniques;
(vii) Performance maneuvers;
(viii) Navigation;
(ix) Slow flight and stalls;
(x) Emergency operations; and
(xi) Postflight procedures.
(7)
(ii) Technical subjects;
(iii) Preflight preparation;
(iv) Preflight lessons on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Performance maneuvers;
(ix) Navigation;
(x) Emergency operations; and
(xi) Postflight procedures.
(8)
(ii) Technical subjects;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport operations;
(vii) Launches and landings;
(viii) Performance maneuvers;
(ix) Navigation;
(x) Emergency operations; and
(xi) Postflight procedures.
5.
(a)
(1) One cross-country flight, if the training is being performed in the State of Hawaii, with landings at a minimum of three points, and one of the segments consisting of a straight-line distance of at least 150 nautical miles;
(2) One cross-country flight, if the training is being performed in a State other than Hawaii, with landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 250 nautical miles; and
(3) 5 hours in night VFR conditions with 10 takeoffs and 10 landings (with each landing involving a flight with a traffic pattern) at an airport with an operating control tower.
(b)
(1) One cross-country flight, if the training is being performed in the State of Hawaii, with landings at a minimum of three points, and one of the segments consisting of a straight-line distance of at least 150 nautical miles;
(2) One cross-country flight, if the training is being performed in a State other than Hawaii, with landings at a minimum of three points and one segment of the flight consisting of straight-line distance of at least 250 nautical miles; and
(3) 5 hours in night VFR conditions with 10 takeoffs and 10 landings (with each landing involving a flight with a traffic pattern) at an airport with an operating control tower.
(c)
(1) One cross-country flight with landings at a minimum of three points and one segment of the flight consisting of a straight-line distance of at least 50 nautical miles from the original point of departure; and
(2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings (with each landing involving a flight with a traffic pattern) at an airport with an operating control tower.
(d)
(1) One cross-country flight with landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 50 nautical miles from the original point of departure; and
(2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings (with each landing involving a flight with a traffic pattern) at an airport with an operating control tower.
(e)
(1) One cross-country flight, if the training is being performed in the State of Hawaii, with landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 150 nautical miles;
(2) One cross-country flight, if the training is being performed in a State other than Hawaii, with landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 250 nautical miles; and
(3) 5 hours in night VFR conditions with 10 takeoffs and 10 landings (with each landing involving a flight with a traffic pattern) at an airport with an operating control tower.
(f)
(g)
(1) One cross-country flight with landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 25 nautical miles from the original point of departure; and
(2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings (with each landing involving a flight with a traffic pattern).
(h)
6.
(b) Each student must demonstrate satisfactory proficiency prior to receiving an endorsement to operate an aircraft in solo flight.
1.
(a) Airplane single-engine.
(b) Airplane multiengine.
(c) Rotorcraft helicopter.
(d) Powered-lift.
2.
(a) Meet the aeronautical experience requirements prescribed in subpart G of part 61 of this chapter for an airline transport pilot certificate that is appropriate to the aircraft category and class rating for which the course applies;
(b) Hold at least a commercial pilot certificate and an instrument rating;
(c) Meet the military experience requirements under § 61.73 of this chapter to qualify for a commercial pilot certificate and an instrument rating, if the person is a rated military pilot or former rated military pilot of an Armed Force of the United States; or
(d) Hold either a foreign airline transport pilot license or foreign commercial pilot license and an instrument rating, if the person holds a pilot license issued by a contracting State to the Convention on International Civil Aviation.
3.
(b) Ground training must include the following aeronautical knowledge areas:
(1) Applicable Federal Aviation Regulations of this chapter that relate to airline transport pilot privileges, limitations, and flight operations;
(2) Meteorology, including knowledge of and effects of fronts, frontal characteristics, cloud formations, icing, and upper-air data;
(3) General system of weather and NOTAM collection, dissemination, interpretation, and use;
(4) Interpretation and use of weather charts, maps, forecasts, sequence reports, abbreviations, and symbols;
(5) National Weather Service functions as they pertain to operations in the National Airspace System;
(6) Windshear and microburst awareness, identification, and avoidance;
(7) Principles of air navigation under instrument meteorological conditions in the National Airspace System;
(8) Air traffic control procedures and pilot responsibilities as they relate to en route operations, terminal area and radar operations, and instrument departure and approach procedures;
(9) Aircraft loading; weight and balance; use of charts, graphs, tables, formulas, and computations; and the effects on aircraft performance;
(10) Aerodynamics relating to an aircraft's flight characteristics and performance in normal and abnormal flight regimes;
(11) Human factors;
(12) Aeronautical decision making and judgment; and
(13) Crew resource management to include crew communication and coordination.
4.
(b) For the use of flight simulators or flight training devices—
(1) The course may include training in a flight simulator or flight training device, provided it is representative of the aircraft for which the course is approved, meets the requirements of this paragraph, and the training is given by an authorized instructor.
(2) Training in a flight simulator that meets the requirements of § 141.41(a) of this part may be credited for a maximum of 50 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the requirements of § 141.41(b) of this part may be credited for a maximum of 25 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(4) Training in flight simulators or flight training devices described in paragraphs (b)(2) and (b)(3) of this section, if used in combination, may be credited for a maximum of 50 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less. However, credit for training in a flight training device that meets the requirements of § 141.41(b) cannot exceed the limitation provided for in paragraph (b)(3) of this section.
(c) Each approved course must include flight training on the approved areas of operation listed in this paragraph appropriate to the aircraft category and class rating for which the course applies:
(1) Preflight preparation;
(2) Preflight procedures;
(3) Takeoff and departure phase;
(4) In-flight maneuvers;
(5) Instrument procedures;
(6) Landings and approaches to landings;
(7) Normal and abnormal procedures;
(8) Emergency procedures; and
(9) Postflight procedures.
5.
(b) Each student must demonstrate satisfactory proficiency prior to receiving an endorsement to operate an aircraft in solo flight.
1.
(a) Airplane single-engine.
(b) Airplane multiengine.
(c) Rotorcraft helicopter.
(d) Rotorcraft gyroplane.
(e) Powered-lift.
(f) Glider category.
2.
(a) A commercial pilot certificate or an airline transport pilot certificate, with an aircraft category and class rating appropriate to the flight instructor rating for which the course applies; and
(b) An instrument rating or privilege in an aircraft that is appropriate to the aircraft category and class rating for which the course applies, if the course is for a flight instructor airplane or powered-lift instrument rating.
3.
(1) 40 hours of training if the course is for an initial issuance of a flight instructor certificate; or
(2) 20 hours of training if the course is for an additional flight instructor rating.
(b) Ground training must include the following aeronautical knowledge areas:
(1) The fundamentals of instructing including—
(i) The learning process;
(ii) Elements of effective teaching;
(iii) Student evaluation and testing;
(iv) Course development;
(v) Lesson planning; and
(vi) Classroom training techniques.
(2) The aeronautical knowledge areas in which training is required for—
(i) A recreational, private, and commercial pilot certificate that is appropriate to the aircraft category and class rating for which the course applies; and
(ii) An instrument rating that is appropriate to the aircraft category and class rating for which the course applies, if the course is for an airplane or powered-lift aircraft rating.
(c) A student who satisfactorily completes 2 years of study on the principles of education at a college or university may be credited with no more than 20 hours of the training required in paragraph (a)(1) of this section.
4.
(1) 25 hours, if the course is for an airplane, rotorcraft, or powered-lift rating; and
(2) 10 hours, which must include 10 flights, if the course is for a glider category rating.
(b) For the use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or flight training device, provided it is representative of the aircraft for which the course is approved, meets the requirements of this paragraph, and the training is given by an authorized instructor.
(2) Training in a flight simulator that meets the requirements of § 141.41(a) of this part, may be credited for a maximum of 10 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the requirements of § 141.41(b) of this part, may be credited for a maximum of 5 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(4) Training in flight simulators or flight training devices described in paragraphs (b)(2) and (b)(3) of this section, if used in combination, may be credited for a maximum of 10 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less. However, credit for training in a flight training device that meets the requirements of § 141.41(b) cannot exceed the limitation provided for in paragraph (b)(3) of this section.
(c) Each approved course must include flight training on the approved areas of operation listed in this paragraph that are appropriate to the aircraft category and class rating for which the course applies—
(1)
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and seaplane base operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance maneuvers;
(x) Ground reference maneuvers;
(xi) Slow flight, stalls, and spins;
(xii) Basic instrument maneuvers;
(xiii) Emergency operations; and
(xiv) Postflight procedures.
(2)
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and seaplane base operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance maneuvers;
(x) Ground reference maneuvers;
(xi) Slow flight and stalls;
(xii) Basic instrument maneuvers;
(xiii) Emergency operations;
(xiv) Multiengine operations; and
(xv) Postflight procedures.
(3)
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and heliport operations;
(vii) Hovering maneuvers;
(viii) Takeoffs, landings, and go-arounds;
(ix) Fundamentals of flight;
(x) Performance maneuvers;
(xi) Emergency operations;
(xii) Special operations; and
(xiii) Postflight procedures.
(4)
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport operations;
(vii) Takeoffs, landings, and go-arounds;
(viii) Fundamentals of flight;
(ix) Performance maneuvers;
(x) Flight at slow airspeeds;
(xi) Ground reference maneuvers;
(xii) Emergency operations; and
(xiii) Postflight procedures.
(5)
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and heliport operations;
(vii) Hovering maneuvers;
(viii) Takeoffs, landings, and go-arounds;
(ix) Fundamentals of flight;
(x) Performance maneuvers;
(xi) Ground reference maneuvers;
(xii) Slow flight and stalls;
(xiii) Basic instrument maneuvers;
(xiv) Emergency operations;
(xv) Special operations; and
(xvi) Postflight procedures.
(6)
(ii) Technical subject areas;
(iii) Preflight preparation;
(iv) Preflight lesson on a maneuver to be performed in flight;
(v) Preflight procedures;
(vi) Airport and gliderport operations;
(vii) Tows or launches, landings, and go-arounds, if applicable;
(viii) Fundamentals of flight;
(ix) Performance speeds;
(x) Soaring techniques;
(xi) Performance maneuvers;
(xii) Slow flight, stalls, and spins;
(xiii) Emergency operations; and
(xiv) Postflight procedures.
5.
(b) In the case of a student who is enrolled in a flight instructor-airplane rating or flight instructor-glider rating course, that student must have:
(1) Received a logbook endorsement from a certificated flight instructor certifying the student received ground and flight training on stall awareness, spin entry, spins, and spin recovery procedures in an aircraft that is certificated for spins and is appropriate to the rating sought; and
(2) Demonstrated instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures.
1.
(a) Flight Instructor Instrument—Airplane.
(b) Flight Instructor Instrument—Helicopter.
(c) Flight Instructor Instrument—Powered-lift aircraft.
2.
(a) A commercial pilot certificate or airline transport pilot certificate with an aircraft category and class rating appropriate to the flight instructor category and class rating for which the course applies; and
(b) An instrument rating or privilege on that flight instructor applicant's pilot certificate that is appropriate to the flight instructor instrument rating (for an airplane-, helicopter-, or powered-lift-instrument rating, as appropriate) for which the course applies.
3.
(b) Ground training must include the following aeronautical knowledge areas:
(1) The fundamentals of instructing including:
(i) The learning process;
(ii) Elements of effective teaching;
(iii) Student evaluation and testing;
(iv) Course development;
(v) Lesson planning; and
(vi) Classroom training techniques.
(2) The aeronautical knowledge areas in which training is required for an instrument rating that is appropriate to the aircraft category and class rating for the course which applies.
4.
(b) For the use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or flight training device, provided it is representative of the aircraft for which the course is approved for, meets requirements of this paragraph, and the training is given by an instructor.
(2) Training in a flight simulator that meets the requirements of § 141.41(a) of this part, may be credited for a maximum of 10 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the requirements of § 141.41(b) of this part, may be credited for a maximum of 5 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(4) Training in flight simulators or flight training devices described in paragraphs (b)(2) and (b)(3) of this section, if used in combination, may be credited for a maximum of 10 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less. However, credit for training in a flight training device that meets the requirements of § 141.41(b) cannot exceed the limitation provided for in paragraph (b)(3) of this section.
(c) An approved course for the flight instructor-instrument rating must include flight training on the following approved areas of operation that are appropriate to the instrument-aircraft category and class rating for which the course applies:
(1) Fundamentals of instructing;
(2) Technical subject areas;
(3) Preflight preparation;
(4) Preflight lesson on a maneuver to be performed in flight;
(5) Air traffic control clearances and procedures;
(6) Flight by reference to instruments;
(7) Navigation systems;
(8) Instrument approach procedures;
(9) Emergency operations; and
(10) Postflight procedures.
5.
1.
(a) Ground Instructor—Basic.
(b) Ground Instructor—Advanced.
(c) Ground Instructor—Instrument.
2.
(1) 20 hours of training if the course is for an initial issuance of a ground instructor certificate; or
(2) 10 hours of training if the course is for an additional ground instructor rating.
(b) Ground training must include the following aeronautical knowledge areas:
(1) Learning process;
(2) Elements of effective teaching;
(3) Student evaluation and testing;
(4) Course development;
(5) Lesson planning; and
(6) Classroom training techniques.
(c) Ground training for a basic ground instructor certificate must include the aeronautical knowledge areas applicable to a recreational and private pilot.
(d) Ground training for an advanced ground instructor rating must include the aeronautical knowledge areas applicable to a recreational, private, commercial, and airline transport pilot.
(e) Ground training for an instrument ground instructor rating must include the aeronautical knowledge areas applicable to an instrument rating.
(f) A student who satisfactorily completed 2 years of study on the principles of education at a college or university may be credited with 10 hours of the training required in paragraph (a)(1) of this section.
3.
1.
(a) Airplane single-engine.
(b) Airplane multiengine.
(c) Rotorcraft helicopter.
(d) Rotorcraft gyroplane.
(e) Powered-lift.
(f) Glider.
(g) Lighter-than-air airship.
(h) Lighter-than-air balloon.
2.
3.
4.
(b) For the use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or flight training device, provided it is representative of the aircraft for which the course is approved, meets the requirements of this paragraph, and the training is given by an authorized instructor.
(2) Training in a flight simulator that meets the requirements of § 141.41(a) of this part may be credited for a maximum of 30 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the requirements of § 141.41(b) of this part may be credited for a maximum of 20 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(4) Training in the flight simulators or flight training devices described in paragraphs (b)(2) and (b)(3) of this section, if used in combination, may be credited for a maximum of 30 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less. However, credit for training in a flight training device that meets the requirements of
5.
(b) Each student must demonstrate satisfactory proficiency prior to receiving an endorsement to operate an aircraft in solo flight.
1.
(a) A type rating in an airplane category—single-engine class.
(b) A type rating in an airplane category—multiengine class.
(c) A type rating in a rotorcraft category—helicopter class.
(d) A type rating in a powered-lift category.
(e) Other aircraft type ratings specified by the Administrator through the aircraft type certificate procedures.
2.
(a) An instrument rating in the category and class of aircraft that is appropriate to the aircraft type rating for which the course applies, provided the aircraft's type certificate does not have a VFR limitation; or
(b) Be concurrently enrolled in an instrument rating course in the category and class of aircraft that is appropriate to the aircraft type rating for which the course applies, and pass the required instrument rating practical test concurrently with the aircraft type rating practical test.
3.
(b) Ground training must include the following aeronautical areas:
(1) Proper control of airspeed, configuration, direction, altitude, and attitude in accordance with procedures and limitations contained in the aircraft's flight manual, checklists, or other approved material appropriate to the aircraft type;
(2) Compliance with approved en route, instrument approach, missed approach, ATC, or other applicable procedures that apply to the aircraft type;
(3) Subjects requiring a practical knowledge of the aircraft type and its powerplant, systems, components, operational, and performance factors;
(4) The aircraft's normal, abnormal, and emergency procedures, and the operations and limitations relating thereto;
(5) Appropriate provisions of the approved aircraft's flight manual;
(6) Location of and purpose for inspecting each item on the aircraft's checklist that relates to the exterior and interior preflight; and
(7) Use of the aircraft's prestart checklist, appropriate control system checks, starting procedures, radio and electronic equipment checks, and the selection of proper navigation and communication radio facilities and frequencies.
4.
(1) Flight training on the approved areas of operation of paragraph (c) of this section in the aircraft type for which the course applies; and
(2) 10 hours of training of which at least 5 hours must be instrument training in the aircraft for which the course applies.
(b) For the use of flight simulators or flight training devices:
(1) The course may include training in a flight simulator or flight training device, provided it is representative of the aircraft for which the course is approved, meets requirements of this paragraph, and the training is given by an authorized instructor.
(2) Training in a flight simulator that meets the requirements of § 141.41(a) of this part, may be credited for a maximum of 50 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(3) Training in a flight training device that meets the requirements of § 141.41(b) of this part, may be credited for a maximum of 25 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(4) Training in the flight simulators or flight training devices described in paragraphs (b)(2) and (b)(3) of this section, if used in combination, may be credited for a maximum of 50 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less. However, credit training in a flight training device that meets the requirements of
(c) Each approved course must include the flight training on the areas of operation listed in this paragraph, that are appropriate to the aircraft category and class rating for which the course applies:
(1)
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(2)
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(3)
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(4)
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
(5)
(ii) Preflight procedures;
(iii) Takeoff and departure phase;
(iv) In-flight maneuvers;
(v) Instrument procedures;
(vi) Landings and approaches to landings;
(vii) Normal and abnormal procedures;
(viii) Emergency procedures; and
(ix) Postflight procedures.
5.
(b) Each student must demonstrate satisfactory proficiency prior to receiving an endorsement to operate an aircraft in solo flight.
1.
2.
3.
(1) Meet the appropriate requirements of this appendix; and
(2) Prepare the graduate with the necessary skills, competency, and proficiency to exercise safely the privileges of the certificate, rating, or authorization for which the course is established.
(b) An approved special preparation course must include ground and flight training on the operating privileges or authorization sought, for developing competency, proficiency, resourcefulness, self-confidence, and self-reliance in the student.
4.
(b) Training in a flight simulator that meets the requirements of § 141.41(a) of this part, may be credited for a maximum of 10 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(c) Training in a flight training device that meets the requirements of § 141.41(b) of this part, may be credited for a maximum of 5 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
(d) Training in the flight simulators or flight training devices described in paragraphs (b) and (c) of this section, if used in combination, may be credited for a maximum of 10 percent of the total flight training hour requirements of the approved course, or of this section, whichever is less.
5.
6.
(a) 25 hours of training on:
(1) Agricultural aircraft operations;
(2) Safe piloting and operating practices and procedures for handling, dispensing, and disposing agricultural and industrial chemicals, including operating in and around congested areas; and
(3) Applicable provisions of part 137 of this chapter.
(b) 15 hours of flight training on agricultural aircraft operations.
7.
(a) 10 hours of training on:
(1) Rotorcraft external-load operations;
(2) Safe piloting and operating practices and procedures for external-load operations, including operating in and around congested areas; and
(3) Applicable provisions of part 133 of this chapter.
(b) 15 hours of flight training on external-load operations.
8.
(a) Aeronautical knowledge training on:
(1) Performing aircraft maintenance, quality assurance, and certification test flight operations;
(2) Safe piloting and operating practices and procedures for performing aircraft maintenance, quality assurance, and certification test flight operations;
(3) Applicable parts of this chapter that pertain to aircraft maintenance, quality assurance, and certification tests; and
(4) Test pilot duties and responsibilities.
(b) 15 hours of flight training on test pilot duties and responsibilities.
9.
(a) Aeronautical knowledge training on:
(1) Performing that special flight operation;
(2) Safe piloting operating practices and procedures for performing that special flight operation;
(3) Applicable parts of this chapter that pertain to that special flight operation; and
(4) Pilot in command duties and responsibilities for performing that special flight operation.
(b) Flight training:
(1) On that special flight operation; and
(2) To develop skills, competency, proficiency, resourcefulness, self-confidence, and self-reliance in the student for performing that special flight operation in a safe manner.
10.
(a) 4 hours of aeronautical knowledge training on:
(1) The aeronautical knowledge areas that are applicable to the level of pilot certificate, aircraft category and class rating, or instrument rating, as appropriate, that pertain to that course;
(2) Safe piloting operating practices and procedures; and
(3) Applicable provisions of parts 61 and 91 of this chapter for pilots.
(b) 6 hours of flight training on the approved areas of operation that are applicable to the level of pilot certificate, aircraft category and class rating, or instrument rating, as appropriate, for performing pilot-in-command duties and responsibilities.
11.
(a) Aeronautical knowledge training on:
(1) The aeronautical knowledge areas of part 61 of this chapter that apply to student, recreational, private, and commercial pilot certificates and instrument ratings;
(2) The aeronautical knowledge areas of part 61 of this chapter that apply to flight instructor certificates;
(3) Safe piloting operating practices and procedures, including airport operations and operating in the National Airspace System; and
(4) Applicable provisions of parts 61 and 91 of this chapter that apply to pilots and flight instructors.
(b) Flight training to review:
(1) The approved areas of operations applicable to student, recreational, private, and commercial pilot certificates and instrument ratings; and
(2) The skills, competency, and proficiency for performing flight instructor duties and responsibilities.
12.
(a) The aeronautical knowledge areas of part 61 of this chapter that apply to student, recreational, private, and commercial pilots and instrument rated pilots;
(b) The aeronautical knowledge areas of part 61 of this chapter that apply to ground instructors;
(c) Safe piloting operating practices and procedures, including airport operations and operating in the National Airspace System; and
(d) Applicable provisions of parts 61 and 91 of this chapter that apply to pilots and ground instructors.
1.
2.
(a) Needed to safely exercise the privileges of the certificate, rating, or authority for which the course is established; and
(b) Conducted to develop competency, proficiency, resourcefulness, self-confidence, and self-reliance in each student.
3.
(a) The aeronautical knowledge training that is appropriate to the aircraft rating and pilot certificate level for which the course applies; and
(b) An adequate number of total aeronautical knowledge training hours appropriate to the aircraft rating and pilot certificate level for which the course applies.
4.
49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703, 44705, 44707, 44709-44711, 45102-45103, 45301-45302.
For the text of SFAR No. 93, see part 61 of this chapter.
(a) This subpart prescribes the requirements governing the certification and operation of aviation training centers. Except as provided in paragraph (b) of this section, this part provides an alternative means to accomplish training required by parts 61, 63, 91, 121, 125, 127, 135, or 137 of this chapter.
(b) Certification under this part is not required for training that is—
(1) Approved under the provisions of parts 63, 91, 121, 127, 135, or 137 of this chapter;
(2) Approved under SFAR 58, Advanced Qualification Programs, for the authorization holder's own employees;
(3) Conducted under part 61 unless that part requires certification under this part;
(4) Conducted by a part 121 certificate holder for another part 121 certificate holder;
(5) Conducted by a part 135 certificate holder for another part 135 certificate holder; or
(6) Conducted by a part 91 fractional ownership program manager for another part 91 fractional ownership program manager.
(c) Except as provided in paragraph (b) of this section, after August 3, 1998, no person may conduct training, testing, or checking in advanced flight training devices or flight simulators without, or in violation of, the certificate and training specifications required by this part.
As used in this part:
(1) A program of instruction to obtain pilot certification, qualification, authorization, or currency;
(2) A program of instruction to meet a specified number of requirements of a program for pilot training, certification, qualification, authorization, or currency; or
(3) A curriculum, or curriculum segment, as defined in SFAR 58 of part 121 of this chapter.
(a) No person may operate a certificated training center without, or in violation of, a training center certificate and training specifications issued under this part.
(b) An applicant will be issued a training center certificate and training specifications with appropriate limitations if the applicant shows that it has adequate facilities, equipment, personnel, and courseware required by § 142.11 to conduct training approved under § 142.37.
(a) Except as provided in paragraph (b) of this section, a training center certificate issued under this part is effective until the certificate is surrendered or until the Administrator suspends, revokes, or terminates it.
(b) Unless sooner surrendered, suspended, or revoked, a certificate issued under this part for a training center located outside the United States expires at the end of the twelfth month after the month in which it is issued or renewed.
(c) If the Administrator suspends, revokes, or terminates a training center certificate, the holder of that certificate shall return the certificate to the Administrator within 5 working days after being notified that the certificate is suspended, revoked, or terminated.
(a) The Administrator may issue deviations or waivers from any of the requirements of this part.
(b) A training center applicant requesting a deviation or waiver under this section must provide the Administrator with information acceptable to the Administrator that shows—
(1) Justification for the deviation or waiver; and
(2) That the deviation or waiver will not adversely affect the quality of instruction or evaluation.
(a) An application for a training center certificate and training specifications shall—
(1) Be made on a form and in a manner prescribed by the Administrator;
(2) Be filed with the FAA Flight Standards District Office that has jurisdiction over the area in which the applicant's principal business office is located; and
(3) Be made at least 120 calendar days before the beginning of any proposed training or 60 calendar days before effecting an amendment to any approved training, unless a shorter filing period is approved by the Administrator.
(b) Each application for a training center certificate and training specification shall provide—
(1) A statement showing that the minimum qualification requirements for each management position are met or exceeded;
(2) A statement acknowledging that the applicant shall notify the Administrator within 10 working days of any change made in the assignment of persons in the required management positions;
(3) The proposed training authorizations and training specifications requested by the applicant;
(4) The proposed evaluation authorization;
(5) A description of the flight training equipment that the applicant proposes to use;
(6) A description of the applicant's training facilities, equipment, qualifications of personnel to be used, and proposed evaluation plans;
(7) A training program curriculum, including syllabi, outlines, courseware, procedures, and documentation to support the items required in subpart B of this part, upon request by the Administrator;
(8) A description of a recordkeeping system that will identify and document the details of training, qualification, and certification of students, instructors, and evaluators;
(9) A description of quality control measures proposed; and
(10) A method of demonstrating the applicant's qualification and ability to provide training for a certificate or rating in fewer than the minimum hours prescribed in part 61 of this chapter if the applicant proposes to do so.
(c) The facilities and equipment described in paragraph (b)(6) of this section shall—
(1) Be available for inspection and evaluation prior to approval; and
(2) Be in place and operational at the location of the proposed training center prior to issuance of a certificate under this part.
(d) An applicant who meets the requirements of this part and is approved by the Administrator is entitled to—
(1) A training center certificate containing all business names included on the application under which the certificate holder may conduct operations and the address of each business office used by the certificate holder; and
(2) Training specifications, issued by the Administrator to the certificate holder, containing—
(i) The type of training authorized, including approved courses;
(ii) The category, class, and type of aircraft that may be used for training, testing, and checking;
(iii) For each flight simulator or flight training device, the make, model, and series of airplane or the set of airplanes being simulated and the qualification level assigned, or the make, model, and series of rotorcraft, or set of rotorcraft being simulated and the qualification level assigned;
(iv) For each flight simulator and flight training device subject to qualification evaluation by the Administrator, the identification number assigned by the FAA;
(v) The name and address of all satellite training centers, and the approved courses offered at each satellite training center;
(vi) Authorized deviations or waivers from this part; and
(vii) Any other items the Administrator may require or allow.
(e) The Administrator may deny, suspend, revoke, or terminate a certificate under this part if the Administrator finds that the applicant or the certificate holder—
(1) Held a training center certificate that was revoked, suspended, or terminated within the previous 5 years; or
(2) Employs or proposes to employ a person who—
(i) Was previously employed in a management or supervisory position by the holder of a training center certificate that was revoked, suspended, or terminated within the previous 5 years;
(ii) Exercised control over any certificate holder whose certificate has been revoked, suspended, or terminated within the last 5 years; and
(iii) Contributed materially to the revocation, suspension, or termination of that certificate and who will be employed in a management or supervisory position, or who will be in control of or have a substantial ownership interest in the training center.
(3) Has provided incomplete, inaccurate, fraudulent, or false information for a training center certificate;
(4) Should not be granted a certificate if the grant would not foster aviation safety.
(f) At any time, the Administrator may amend a training center certificate—
(1) On the Administrator's own initiative, under section 609 of the Federal Aviation Act of 1958 (49 U.S.C. 1429), as amended, and part 13 of this chapter; or
(2) Upon timely application by the certificate holder.
(g) The certificate holder must file an application to amend a training center certificate at least 60 calendar days prior to the applicant's proposed effective amendment date unless a different filing period is approved by the Administrator.
An applicant for a training center certificate must show that—
(a) For each proposed curriculum, the training center has, and shall maintain, a sufficient number of instructors who are qualified in accordance with subpart C of this part to perform the duties to which they are assigned;
(b) The training center has designated, and shall maintain, a sufficient number of approved evaluators to provide required checks and tests to graduation candidates within 7 calendar days of training completion for any curriculum leading to airman certificates or ratings, or both;
(c) The training center has, and shall maintain, a sufficient number of management personnel who are qualified and competent to perform required duties; and
(d) A management representative, and all personnel who are designated by the training center to conduct direct student training, are able to understand, read, write, and fluently speak the English language.
(a) An applicant for, or holder of, a training center certificate shall ensure that—
(1) Each room, training booth, or other space used for instructional purposes is heated, lighted, and ventilated to conform to local building, sanitation, and health codes; and
(2) The facilities used for instruction are not routinely subject to significant distractions caused by flight operations and maintenance operations at the airport.
(b) An applicant for, or holder of, a training center certificate shall establish and maintain a principal business office that is physically located at the address shown on its training center certificate.
(c) The records required to be maintained by this part must be located in facilities adequate for that purpose.
(d) An applicant for, or holder of, a training center certificate must have available exclusively, for adequate periods of time and at a location approved by the Administrator, adequate flight training equipment and courseware, including at least one flight simulator or advanced flight training device.
(a) The holder of a training center certificate may conduct training in accordance with an approved training program at a satellite training center if—
(1) The facilities, equipment, personnel, and course content of the satellite training center meet the applicable requirements of this part;
(2) The instructors and evaluators at the satellite training center are under the direct supervision of management personnel of the principal training center;
(3) The Administrator is notified in writing that a particular satellite is to begin operations at least 60 days prior to proposed commencement of operations at the satellite training center; and
(4) The certificate holder's training specifications reflect the name and address of the satellite training center and the approved courses offered at the satellite training center.
(b) The certificate holder's training specifications shall prescribe the operations required and authorized at each satellite training center.
(a) Each holder of a training center certificate must prominently display that certificate in a place accessible to the public in the principal business office of the training center.
(b) A training center certificate and training specifications must be made available for inspection upon request by—
(1) The Administrator;
(2) An authorized representative of the National Transportation Safety Board; or
(3) Any Federal, State, or local law enforcement agency.
Each certificate holder must allow the Administrator to inspect training center facilities, equipment, and records at any reasonable time and in any reasonable place in order to determine compliance with or to determine initial or continuing eligibility under 49 U.S.C. 44701, 44707, formerly the Federal Aviation Act of 1958, as amended, and the training center's certificate and training specifications.
(a) A certificate holder may not conduct, and may not advertise to conduct, any training, testing, and checking that is not approved by the Administrator if that training is designed to satisfy any requirement of this chapter.
(b) A certificate holder whose certificate has been surrendered, suspended, revoked, or terminated must—
(1) Promptly remove all indications, including signs, wherever located, that the training center was certificated by the Administrator; and
(2) Promptly notify all advertising agents, or advertising media, or both, employed by the certificate holder to cease all advertising indicating that the training center is certificated by the Administrator.
A pilot school certificated under part 141 of this chapter may provide training, testing, and checking for a training center certificated under this part if—
(a) There is a training, testing, and checking agreement between the certificated training center and the pilot school;
(b) The training, testing, and checking provided by the certificated pilot school is approved and conducted in accordance with this part;
(c) The pilot school certificated under part 141 obtains the Administrator's approval for a training course outline that includes the portion of the training, testing, and checking to be conducted under part 141; and
(d) Upon completion of training, testing, and checking conducted under part 141, a copy of each student's training record is forwarded to the part 142 training center and becomes part of the student's permanent training record.
This subpart prescribes the curriculum and syllabus requirements for the issuance of a training center certificate and training specifications for training, testing, and checking conducted to meet the requirements of part 61 of this chapter.
(a) Except as provided in paragraph (b) of this section, each applicant for, or holder of, a training center certificate must apply to the Administrator for training program approval.
(b) A curriculum approved under SFAR 58 of part 121 of this chapter is approved under this part without modifications.
(c) Application for training program approval shall be made in a form and in a manner acceptable to the Administrator.
(d) Each application for training program approval must indicate—
(1) Which courses are part of the core curriculum and which courses are part of the specialty curriculum;
(2) Which requirements of part 61 of this chapter would be satisfied by the curriculum or curriculums; and
(3) Which requirements of part 61 of this chapter would not be satisfied by the curriculum or curriculums.
(e) If, after a certificate holder begins operations under an approved training program, the Administrator finds that the certificate holder is not meeting the provisions of its approved training program, the Administrator may require the certificate holder to make revisions to that training program.
(f) If the Administrator requires a certificate holder to make revisions to an approved training program and the certificate holder does not make those required revisions, within 30 calendar days, the Administrator may suspend, revoke, or terminate the training center certificate under the provisions of § 142.11(e).
Each training program curriculum submitted to the Administrator for approval must meet the applicable requirements of this part and must contain—
(a) A syllabus for each proposed curriculum;
(b) Minimum aircraft and flight training equipment requirements for each proposed curriculum;
(c) Minimum instructor and evaluator qualifications for each proposed curriculum;
(d) A curriculum for initial training and continuing training of each instructor or evaluator employed to instruct in a proposed curriculum; and
(e) For each curriculum that provides for the issuance of a certificate or rating in fewer than the minimum hours prescribed by part 61 of this chapter—
(1) A means of demonstrating the ability to accomplish such training in the reduced number of hours; and
(2) A means of tracking student performance.
This subpart prescribes the personnel and flight training equipment requirements for a certificate holder that is training to meet the requirements of part 61 of this chapter.
(a) A certificate holder may not employ a person as an instructor in a flight training course that is subject to approval by the Administrator unless that person—
(1) Is at least 18 years of age;
(2) Is able to read, write, and speak and understand in the English language;
(3) If instructing in an aircraft in flight, is qualified in accordance with subpart H of this chapter;
(4) Satisfies the requirements of paragraph (c) of this section; and
(5) Meets at least one of the following requirements—
(i) Except as allowed by paragraph (a)(5)(ii) of this section, meets the aeronautical experience requirements of § 61.129 (a), (b), (c), or (e) of this chapter, as applicable, excluding the required hours of instruction in preparation for the commercial pilot practical test;
(ii) If instructing in flight simulator or flight training device that represents an airplane requiring a type rating or if instructing in a curriculum leading to the issuance of an airline transport pilot certificate or an added rating to an airline transport pilot certificate, meets the aeronautical experience requirements of § 61.159, § 61.161, or § 61.163 of this chapter, as applicable; or
(iii) Is employed as a flight simulator instructor or a flight training device instructor for a training center providing instruction and testing to meet the requirements of part 61 of this chapter on August 1, 1996.
(b) A training center must designate each instructor in writing to instruct in each approved course, prior to that person functioning as an instructor in that course.
(c) Prior to initial designation, each instructor shall:
(1) Complete at least 8 hours of ground training on the following subject matter:
(i) Instruction methods and techniques.
(ii) Training policies and procedures.
(iii) The fundamental principles of the learning process.
(iv) Instructor duties, privileges, responsibilities, and limitations.
(v) Proper operation of simulation controls and systems.
(vi) Proper operation of environmental control and warning or caution panels.
(vii) Limitations of simulation.
(viii) Minimum equipment requirements for each curriculum.
(ix) Revisions to the training courses.
(x) Cockpit resource management and crew coordination.
(2) Satisfactorily complete a written test—
(i) On the subjects specified in paragraph (c)(1) of this section; and
(ii) That is accepted by the Administrator as being of equivalent difficulty, complexity, and scope as the tests provided by the Administrator for the flight instructor airplane and instrument flight instructor knowledge tests.
(a) A certificate holder may allow an instructor to provide:
(1) Instruction for each curriculum for which that instructor is qualified.
(2) Testing and checking for which that instructor is qualified.
(3) Instruction, testing, and checking intended to satisfy the requirements of any part of this chapter.
(b) A training center whose instructor or evaluator is designated in accordance with the requirements of this subpart to conduct training, testing, or checking in qualified and approved flight training equipment, may allow its instructor or evaluator to give endorsements required by part 61 of this chapter if that instructor or evaluator is authorized by the Administrator to instruct or evaluate in a part 142 curriculum that requires such endorsements.
(c) A training center may not allow an instructor to—
(1) Excluding briefings and debriefings, conduct more than 8 hours of instruction in any 24-consecutive-hour period;
(2) Provide flight training equipment instruction unless that instructor meets the requirements of § 142.53 (a)(1) through (a)(4), and § 142.53(b), as applicable; or
(3) Provide flight instruction in an aircraft unless that instructor—
(i) Meets the requirements of § 142.53(a)(1), (a)(2), and (a)(5);
(ii) Is qualified and authorized in accordance with subpart H of part 61 of this chapter;
(iii) Holds certificates and ratings specified by part 61 of this chapter appropriate to the category, class, and type aircraft in which instructing;
(iv) If instructing or evaluating in an aircraft in flight while occupying a required crewmember seat, holds at least a valid second class medical certificate; and
(v) Meets the recency of experience requirements of part 61 of this chapter.
(a) Except as provided in paragraph (c) of this section, prior to designation and every 12 calendar months beginning the first day of the month following an instructor's initial designation, a certificate holder must ensure that each of its instructors meets the following requirements:
(1) Each instructor must satisfactorily demonstrate to an authorized evaluator knowledge of, and proficiency in, instructing in a representative segment of each curriculum for which that instructor is designated to instruct under this part.
(2) Each instructor must satisfactorily complete an approved course of ground instruction in at least—
(i) The fundamental principles of the learning process;
(ii) Elements of effective teaching, instruction methods, and techniques;
(iii) Instructor duties, privileges, responsibilities, and limitations;
(iv) Training policies and procedures;
(v) Cockpit resource management and crew coordination; and
(vi) Evaluation.
(3) Each instructor who instructs in a qualified and approved flight simulator or flight training device must satisfactorily complete an approved course of training in the operation of the flight simulator, and an approved course of ground instruction, applicable to the training courses the instructor is designated to instruct.
(4) The flight simulator training course required by paragraph (a)(3) of this section which must include—
(i) Proper operation of flight simulator and flight training device controls and systems;
(ii) Proper operation of environmental and fault panels;
(iii) Limitations of simulation; and
(iv) Minimum equipment requirements for each curriculum.
(5) Each flight instructor who provides training in an aircraft must satisfactorily complete an approved course of ground instruction and flight training in an aircraft, flight simulator, or flight training device.
(6) The approved course of ground instruction and flight training required by paragraph (a)(5) of this section which must include instruction in—
(i) Performance and analysis of flight training procedures and maneuvers applicable to the training courses that the instructor is designated to instruct;
(ii) Technical subjects covering aircraft subsystems and operating rules applicable to the training courses that the instructor is designated to instruct;
(iii) Emergency operations;
(iv) Emergency situations likely to develop during training; and
(v) Appropriate safety measures.
(7) Each instructor who instructs in qualified and approved flight training equipment must pass a written test and annual proficiency check—
(i) In the flight training equipment in which the instructor will be instructing; and
(ii) On the subject matter and maneuvers of a representative segment of each curriculum for which the instructor will be instructing.
(b) In addition to the requirements of paragraphs (a)(1) through (a)(7) of this section, each certificate holder must ensure that each instructor who instructs in a flight simulator that the Administrator has approved for all training and all testing for the airline transport pilot certification test, aircraft type rating test, or both, has met at least one of the following three requirements:
(1) Each instructor must have performed 2 hours in flight, including three takeoffs and three landings as the sole manipulator of the controls of an aircraft of the same category and class, and, if a type rating is required, of the same type replicated by the approved flight simulator in which that instructor is designated to instruct;
(2) Each instructor must have participated in an approved line-observation program under part 121 or part 135 of this chapter, and that—
(i) Was accomplished in the same airplane type as the airplane represented by the flight simulator in which that instructor is designated to instruct; and
(ii) Included line-oriented flight training of at least 1 hour of flight during which the instructor was the sole manipulator of the controls in a flight simulator that replicated the same type aircraft for which that instructor is designated to instruct; or
(3) Each instructor must have participated in an approved in-flight observation training course that—
(i) Consisted of at least 2 hours of flight time in an airplane of the same type as the airplane replicated by the flight simulator in which the instructor is designated to instruct; and
(ii) Included line-oriented flight training of at least 1 hour of flight during which the instructor was the sole manipulator of the controls in a flight simulator that replicated the same type aircraft for which that instructor is designated to instruct.
(c) An instructor who satisfactorily completes a curriculum required by paragraph (a) or (b) of this section in the calendar month before or after the
(d) The Administrator may give credit for the requirements of paragraph (a) or (b) of this section to an instructor who has satisfactorily completed an instructor training course for a part 121 or part 135 certificate holder if the Administrator finds such a course equivalent to the requirements of paragraph (a) or (b) of this section.
(a) Except as provided by paragraph (d) of this section, a training center must ensure that each person authorized as an evaluator—
(1) Is approved by the Administrator;
(2) Is in compliance with §§ 142.47, 142.49, and 142.53 and applicable sections of part 187 of this chapter; and
(3) Prior to designation, and except as provided in paragraph (b) of this section, every 12-calendar-month period following initial designation, the certificate holder must ensure that the evaluator satisfactorily completes a curriculum that includes the following:
(i) Evaluator duties, functions, and responsibilities;
(ii) Methods, procedures, and techniques for conducting required tests and checks;
(iii) Evaluation of pilot performance; and
(iv) Management of unsatisfactory tests and subsequent corrective action; and
(4) If evaluating in qualified and approved flight training equipment must satisfactorily pass a written test and annual proficiency check in a flight simulator or aircraft in which the evaluator will be evaluating.
(b) An evaluator who satisfactorily completes a curriculum required by paragraph (a) of this section in the calendar month before or the calendar month after the month in which it is due is considered to have taken it in the month is which it was due for the purpose of computing when the next training is due.
(c) The Administrator may give credit for the requirements of paragraph (a)(3) of this section to an evaluator who has satisfactorily completed an evaluator training course for a part 121 or part 135 certificate holder if the Administrator finds such a course equivalent to the requirements of paragraph (a)(3) of this section.
(d) An evaluator who is qualified under SFAR 58 shall be authorized to conduct evaluations under the Advanced Qualification Program without complying with the requirements of this section.
(a) An applicant for, or holder of, a training center certificate must ensure that each aircraft used for flight instruction and solo flights meets the following requirements:
(1) Except for flight instruction and solo flights in a curriculum for agricultural aircraft operations, external load operations, and similar aerial work operations, the aircraft must have an FAA standard airworthiness certificate or a foreign equivalent of an FAA standard airworthiness certificate, acceptable to the Administrator.
(2) The aircraft must be maintained and inspected in accordance with—
(i) The requirements of part 91, subpart E, of this chapter; and
(ii) An approved program for maintenance and inspection.
(3) The aircraft must be equipped as provided in the training specifications for the approved course for which it is used.
(b) Except as provided in paragraph (c) of this section, an applicant for, or holder of, a training center certificate must ensure that each aircraft used for flight instruction is at least a two-place aircraft with engine power controls and flight controls that are easily reached and that operate in a conventional manner from both pilot stations.
(c) Airplanes with controls such as nose-wheel steering, switches, fuel selectors, and engine air flow controls that are not easily reached and operated in a conventional manner by both pilots may be used for flight instruction if the certificate holder determines that the flight instruction can
(a) An applicant for, or holder of, a training center certificate must show that each flight simulator and flight training device used for training, testing, and checking (except AQP) will be or is specifically qualified and approved by the Administrator for—
(1) Each maneuver and procedure for the make, model, and series of aircraft, set of aircraft, or aircraft type simulated, as applicable; and
(2) Each curriculum or training course in which the flight simulator or flight training device is used, if that curriculum or course is used to satisfy any requirement of 14 CFR chapter I.
(b) The approval required by paragraph (a)(2) of this section must include—
(1) The set of aircraft, or type aircraft;
(2) If applicable, the particular variation within type, for which the training, testing, or checking is being conducted; and
(3) The particular maneuver, procedure, or crewmember function to be performed.
(c) Each qualified and approved flight simulator or flight training device used by a training center must—
(1) Be maintained to ensure the reliability of the performances, functions, and all other characteristics that were required for qualification;
(2) Be modified to conform with any modification to the aircraft being simulated if the modification results in changes to performance, function, or other characteristics required for qualification;
(3) Be given a functional preflight check each day before being used; and
(4) Have a discrepancy log in which the instructor or evaluator, at the end of each training session, enters each discrepancy.
(d) Unless otherwise authorized by the Administrator, each component on a qualified and approved flight simulator or flight training device used by a training center must be operative if the component is essential to, or involved in, the training, testing, or checking of airmen.
(e) Training centers shall not be restricted to specific—
(1) Route segments during line-oriented flight training scenarios; and
(2) Visual data bases replicating a specific customer's bases of operation.
(f) Training centers may request evaluation, qualification, and continuing evaluation for qualification of flight simulators and flight training devices without—
(1) Holding an air carrier certificate; or
(2) Having a specific relationship to an air carrier certificate holder.
This subpart prescribes the operating rules applicable to a training center certificated under this part and operating a course or training program curriculum approved in accordance with subpart B of this part.
A certificate holder may allow flight simulator instructors and evaluators to meet recency of experience requirements through the use of a qualified and approved flight simulator or qualified and approved flight training device if that flight simulator or flight training device is—
(a) Used in a course approved in accordance with subpart B of this part; or
(b) Approved under the Advanced Qualification Program for meeting recency of experience requirements.
(a) A certificate holder shall—
(1) Ensure that a flight simulator or flight training device freeze, slow motion, or repositioning feature is not used during testing or checking; and
(2) Ensure that a repositioning feature is used during line operational simulation for evaluation and line-oriented flight training only to advance along a flight route to the point where the descent and approach phase of the flight begins.
(b) When flight testing, flight checking, or line operational simulation is being conducted, the certificate holder
(1) A crewmember qualified in the aircraft category, class, and type, if a type rating is required, provided that no flight instructor who is giving instruction may occupy a crewmember position.
(2) A student, provided that no student may be used in a crewmember position with any other student not in the same specific course.
(c) The holder of a training center certificate may not recommend a trainee for a certificate or rating, unless the trainee—
(1) Has satisfactorily completed the training specified in the course approved under § 142.37; and
(2) Has passed the final tests required by § 142.37.
(d) The holder of a training center certificate may not graduate a student from a course unless the student has satisfactorily completed the curriculum requirements of that course.
This subpart prescribes the training center recordkeeping requirements for trainees enrolled in a course, and instructors and evaluators designated to instruct a course, approved in accordance with subpart B of this part.
(a) A certificate holder must maintain a record for each trainee that contains—
(1) The name of the trainee;
(2) A copy of the trainee's pilot certificate, if any, and medical certificate;
(3) The name of the course and the make and model of flight training equipment used;
(4) The trainee's prerequisite experience and course time completed;
(5) The trainee's performance on each lesson and the name of the instructor providing instruction;
(6) The date and result of each end-of-course practical test and the name of the evaluator conducting the test; and
(7) The number of hours of additional training that was accomplished after any unsatisfactory practical test.
(b) A certificate holder shall maintain a record for each instructor or evaluator designated to instruct a course approved in accordance with subpart B of this part that indicates that the instructor or evaluator has complied with the requirements of §§ 142.13, 142.45, 142.47, 142.49, and 142.53, as applicable.
(c) The certificate holder shall—
(1) Maintain the records required by paragraphs (a) of this section for at least 1 year following the completion of training, testing or checking;
(2) Maintain the qualification records required by paragraph (b) of this section while the instructor or evaluator is in the employ of the certificate holder and for 1 year thereafter; and
(3) Maintain the recurrent demonstration of proficiency records required by paragraph (b) of this section for at least 1 year.
(d) The certificate holder must provide the records required by this section to the Administrator, upon request and at a reasonable time, and shall keep the records required by—
(1) Paragraph (a) of this section at the training center, or satellite training center where the training, testing, or checking, if appropriate, occurred; and
(2) Paragraph (b) of this section at the training center or satellite training center where the instructor or evaluator is primarily employed.
(e) The certificate holder shall provide to a trainee, upon request and at a reasonable time, a copy of his or her training records.
(a) An applicant for, or holder of, a training center certificate may apply for approval to conduct a course for which a curriculum is not prescribed by this part.
(b) The course for which application is made under paragraph (a) of this section may be for flight crewmembers other than pilots, airmen other than flight crewmembers, material handlers,
(c) An applicant for course approval under this subpart must comply with the applicable requirements of subpart A through subpart F of this part.
(d) The Administrator approves the course for which the application is made if the training center or training center applicant shows that the course contains a curriculum that will achieve a level of competency equal to, or greater than, that required by the appropriate part of this chapter.
49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44717.
At 70 FR 15583, Mar. 28, 2005, the authority citation was revised, effective Apr. 6, 2006. For the convenience of the user, the revised authority follows:
49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709, 44717.
For the text of SFAR No. 36, see part 121 of this chapter.
This part describes how to obtain a repair station certificate. This part also contains the rules a certificated repair station must follow related to its performance of maintenance, preventive maintenance, or alterations of an aircraft, airframe, aircraft engine, propeller, appliance, or component part to which part 43 applies. It also applies to any person who holds, or is required to hold, a repair station certificate issued under this part.
For the purposes of this part, the following definitions apply:
(a)
(b)
(c)
(d)
(1) Any unscheduled maintenance resulting from unforeseen events; or
(2) Scheduled checks that contain servicing and/or inspections that do not require specialized training, equipment, or facilities.
(a) No person may operate as a certificated repair station without, or in violation of, a repair station certificate, ratings, or operations specifications issued under this part.
(b) The certificate and operations specifications issued to a certificated repair station must be available on the premises for inspection by the public and the FAA.
(a) An application for a repair station certificate and rating must be made in a format acceptable to the FAA and must include the following:
(1) A repair station manual acceptable to the FAA as required by § 145.207;
(2) A quality control manual acceptable to the FAA as required by § 145.211(c);
(3) A list by type, make, or model, as appropriate, of each article for which the application is made;
(4) An organizational chart of the repair station and the names and titles of managing and supervisory personnel;
(5) A description of the housing and facilities, including the physical address, in accordance with § 145.103;
(6) A list of the maintenance functions, for approval by the FAA, to be performed for the repair station under contract by another person in accordance with § 145.217; and
(7) A training program for approval by the FAA in accordance with § 145.163.
(b) The equipment, personnel, technical data, and housing and facilities required for the certificate and rating, or for an additional rating must be in place for inspection at the time of certification or rating approval by the FAA. An applicant may meet the equipment requirement of this paragraph if the applicant has a contract acceptable to the FAA with another person to make the equipment available to the applicant at the time of certification and at any time that it is necessary when the relevant work is being performed by the repair station.
(c) In addition to meeting the other applicable requirements for a repair station certificate and rating, an applicant for a repair station certificate and rating located outside the United States must meet the following requirements:
(1) The applicant must show that the repair station certificate and/or rating is necessary for maintaining or altering the following:
(i) U.S.-registered aircraft and articles for use on U.S.-registered aircraft, or
(ii) Foreign-registered aircraft operated under the provisions of part 121 or part 135, and articles for use on these aircraft.
(2) The applicant must show that the fee prescribed by the FAA has been paid.
(d) An application for an additional rating, amended repair station certificate, or renewal of a repair station certificate must be made in a format acceptable to the FAA. The application must include only that information necessary to substantiate the change or renewal of the certificate.
(a) Except as provided in paragraph (b), (c), or (d) of this section, a person who meets the requirements of this part is entitled to a repair station certificate with appropriate ratings prescribing such operations specifications and limitations as are necessary in the interest of safety.
(b) If the person is located in a country with which the United States has a bilateral aviation safety agreement, the FAA may find that the person meets the requirements of this part based on a certification from the civil aviation authority of that country. This certification must be made in accordance with implementation procedures signed by the Administrator or the Administrator's designee.
(c) Before a repair station certificate can be issued for a repair station that is located within the United States, the applicant shall certify in writing that all “hazmat employees” (see 49 CFR 171.8) for the repair station, its contractors, or subcontractors are trained as required in 49 CFR part 172 subpart H.
(d) Before a repair station certificate can be issued for a repair station that is located outside the United States, the applicant shall certify in writing that all employees for the repair station, its contractors, or subcontractors performing a job function concerning the transport of dangerous goods (hazardous material) are trained as outlined in the most current edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air.
(a) A certificate or rating issued to a repair station located in the United States is effective from the date of issue until the repair station surrenders it or the FAA suspends or revokes it.
(b) A certificate or rating issued to a repair station located outside the United States is effective from the date of issue until the last day of the 12th month after the date of issue unless the repair station surrenders the certificate or the FAA suspends or revokes it. The FAA may renew the certificate or rating for 24 months if the repair station has operated in compliance with the applicable requirements of part 145 within the preceding certificate duration period.
(c) A certificated repair station located outside the United States that applies for a renewal of its repair station certificate must—
(1) Submit its request for renewal no later than 30 days before the repair station's current certificate expires. If a request for renewal is not made within this period, the repair station must follow the application procedures in § 145.51.
(2) Send its request for renewal to the FAA office that has jurisdiction over the certificated repair station.
(d) The holder of an expired, surrendered, suspended, or revoked certificate must return it to the FAA.
(a) The holder of a repair station certificate must apply for a change to its certificate in a format acceptable to the Administrator. A change to the certificate must include certification in compliance with § 145.53(c) or (d), if not previously submitted. A certificate change is necessary if the certificate holder—
(1) Changes the location of the repair station, or
(2) Requests to add or amend a rating.
(b) If the holder of a repair station certificate sells or transfers its assets, the new owner must apply for an amended certificate in accordance with § 145.51.
The following ratings are issued under this subpart:
(a)
(1)
(2)
(3)
(4)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(d)
(1)
(2)
(3)
(e)
(1)
(2)
(3)
(4)
(f)
(1)
(2)
(3)
(a) The FAA may issue a limited rating to a certificated repair station that maintains or alters only a particular type of airframe, powerplant, propeller, radio, instrument, or accessory, or part thereof, or performs only specialized maintenance requiring equipment and skills not ordinarily performed under other repair station ratings. Such a rating may be limited to a specific
(b) The FAA issues limited ratings for—
(1) Airframes of a particular make and model;
(2) Engines of a particular make and model;
(3) Propellers of a particular make and model;
(4) Instruments of a particular make and model;
(5) Radio equipment of a particular make and model;
(6) Accessories of a particular make and model;
(7) Landing gear components;
(8) Floats, by make;
(9) Nondestructive inspection, testing, and processing;
(10) Emergency equipment;
(11) Rotor blades, by make and model; and
(12) Aircraft fabric work.
(c) For a limited rating for specialized services, the operations specifications of the repair station must contain the specification used to perform the specialized service. The specification may be—
(1) A civil or military specification currently used by industry and approved by the FAA, or
(2) A specification developed by the applicant and approved by the FAA.
A certificated repair station must provide housing, facilities, equipment, materials, and data that meet the applicable requirements for the issuance of the certificate and ratings the repair station holds.
(a) Each certificated repair station must provide—
(1) Housing for the facilities, equipment, materials, and personnel consistent with its ratings.
(2) Facilities for properly performing the maintenance, preventive maintenance, or alterations of articles or the specialized services for which it is rated. Facilities must include the following:
(i) Sufficient work space and areas for the proper segregation and protection of articles during all maintenance, preventive maintenance, or alterations;
(ii) Segregated work areas enabling environmentally hazardous or sensitive operations such as painting, cleaning, welding, avionics work, electronic work, and machining to be done properly and in a manner that does not adversely affect other maintenance or alteration articles or activities;
(iii) Suitable racks, hoists, trays, stands, and other segregation means for the storage and protection of all articles undergoing maintenance, preventive maintenance, or alterations;
(iv) Space sufficient to segregate articles and materials stocked for installation from those articles undergoing maintenance, preventive maintenance, or alterations; and
(v) Ventilation, lighting, and control of temperature, humidity, and other climatic conditions sufficient to ensure personnel perform maintenance, preventive maintenance, or alterations to the standards required by this part.
(b) A certificated repair station with an airframe rating must provide suitable permanent housing to enclose the largest type and model of aircraft listed on its operations specifications.
(c) A certificated repair station may perform maintenance, preventive maintenance, or alterations on articles outside of its housing if it provides suitable facilities that are acceptable to the FAA and meet the requirements of § 145.103(a) so that the work can be done in accordance with the requirements of part 43 of this chapter.
(a) A certificated repair station may not change the location of its housing without written approval from the FAA.
(b) A certificated repair station may not make any changes to its housing or facilities required by § 145.103 that
(c) The FAA may prescribe the conditions, including any limitations, under which a certificated repair station must operate while it is changing its location, housing, or facilities.
(a) A certificated repair station under the managerial control of another certificated repair station may operate as a satellite repair station with its own certificate issued by the FAA. A satellite repair station—
(1) May not hold a rating not held by the certificated repair station with managerial control;
(2) Must meet the requirements for each rating it holds;
(3) Must submit a repair station manual acceptable to the FAA as required by § 145.207; and
(4) Must submit a quality control manual acceptable to the FAA as required by § 145.211(c).
(b) Unless the FAA indicates otherwise, personnel and equipment from the certificated repair station with managerial control and from each of the satellite repair stations may be shared. However, inspection personnel must be designated for each satellite repair station and available at the satellite repair station any time a determination of airworthiness or return to service is made. In other circumstances, inspection personnel may be away from the premises but must be available by telephone, radio, or other electronic means.
(c) A satellite repair station may not be located in a country other than the domicile country of the certificated repair station with managerial control.
(a) Except as otherwise prescribed by the FAA, a certificated repair station must have the equipment, tools, and materials necessary to perform the maintenance, preventive maintenance, or alterations under its repair station certificate and operations specifications in accordance with part 43. The equipment, tools, and material must be located on the premises and under the repair station's control when the work is being done.
(b) A certificated repair station must ensure all test and inspection equipment and tools used to make airworthiness determinations on articles are calibrated to a standard acceptable to the FAA.
(c) The equipment, tools, and material must be those recommended by the manufacturer of the article or must be at least equivalent to those recommended by the manufacturer and acceptable to the FAA.
(d) A certificated repair station must maintain, in a format acceptable to the FAA, the documents and data required for the performance of maintenance, preventive maintenance, or alterations under its repair station certificate and operations specifications in accordance with part 43. The following documents and data must be current and accessible when the relevant work is being done:
(1) Airworthiness directives,
(2) Instructions for continued airworthiness,
(3) Maintenance manuals,
(4) Overhaul manuals,
(5) Standard practice manuals,
(6) Service bulletins, and
(7) Other applicable data acceptable to or approved by the FAA.
Each certificated repair station must—
(a) Designate a repair station employee as the accountable manager;
(b) Provide qualified personnel to plan, supervise, perform, and approve for return to service the maintenance, preventive maintenance, or alterations performed under the repair station certificate and operations specifications;
(c) Ensure it has a sufficient number of employees with the training or knowledge and experience in the performance of maintenance, preventive maintenance, or alterations authorized
(d) Determine the abilities of its noncertificated employees performing maintenance functions based on training, knowledge, experience, or practical tests.
(a) A certificated repair station must ensure it has a sufficient number of supervisors to direct the work performed under the repair station certificate and operations specifications. The supervisors must oversee the work performed by any individuals who are unfamiliar with the methods, techniques, practices, aids, equipment, and tools used to perform the maintenance, preventive maintenance, or alterations.
(b) Each supervisor must—
(1) If employed by a repair station located inside the United States, be certificated under part 65.
(2) If employed by a repair station located outside the United States—
(i) Have a minimum of 18 months of practical experience in the work being performed; or
(ii) Be trained in or thoroughly familiar with the methods, techniques, practices, aids, equipment, and tools used to perform the maintenance, preventive maintenance, or alterations.
(c) A certificated repair station must ensure its supervisors understand, read, and write English.
(a) A certificated repair station must ensure that persons performing inspections under the repair station certificate and operations specifications are—
(1) Thoroughly familiar with the applicable regulations in this chapter and with the inspection methods, techniques, practices, aids, equipment, and tools used to determine the airworthiness of the article on which maintenance, preventive maintenance, or alterations are being performed; and
(2) Proficient in using the various types of inspection equipment and visual inspection aids appropriate for the article being inspected; and
(b) A certificated repair station must ensure its inspectors understand, read, and write English.
(a) A certificated repair station located inside the United States must ensure each person authorized to approve an article for return to service under the repair station certificate and operations specifications is certificated under part 65.
(b) A certificated repair station located outside the United States must ensure each person authorized to approve an article for return to service under the repair station certificate and operations specifications is—
(1) Trained in or has 18 months practical experience with the methods, techniques, practices, aids, equipment, and tools used to perform the maintenance, preventive maintenance, or alterations; and
(2) Thoroughly familiar with the applicable regulations in this chapter and proficient in the use of the various inspection methods, techniques, practices, aids, equipment, and tools appropriate for the work being performed and approved for return to service.
(c) A certificated repair station must ensure each person authorized to approve an article for return to service understands, reads, and writes English.
A certificated repair station that chooses to use repairmen to meet the applicable personnel requirements of this part must certify in a format acceptable to the FAA that each person recommended for certification as a repairman—
(a) Is employed by the repair station, and
(b) Meets the eligibility requirements of § 65.101.
(a) A certificated repair station must maintain and make available in a format acceptable to the FAA the following:
(1) A roster of management and supervisory personnel that includes the names of the repair station officials who are responsible for its management and the names of its supervisors who oversee maintenance functions.
(2) A roster with the names of all inspection personnel.
(3) A roster of personnel authorized to sign a maintenance release for approving a maintained or altered article for return to service.
(4) A summary of the employment of each individual whose name is on the personnel rosters required by paragraphs (a)(1) through (a)(3) of this section. The summary must contain enough information on each individual listed on the roster to show compliance with the experience requirements of this part and must include the following:
(i) Present title,
(ii) Total years of experience and the type of maintenance work performed,
(iii) Past relevant employment with names of employers and periods of employment,
(iv) Scope of present employment, and
(v) The type of mechanic or repairman certificate held and the ratings on that certificate, if applicable.
(b) Within 5 business days of the change, the rosters required by this section must reflect changes caused by termination, reassignment, change in duties or scope of assignment, or addition of personnel.
(a) A certificated repair station must have an employee training program approved by the FAA that consists of initial and recurrent training. For purposes of meeting the requirements of this paragraph, beginning April 6, 2005—
(1) An applicant for a repair station certificate must submit a training program for approval by the FAA as required by § 145.51(a)(7).
(2) A repair station certificated before that date must submit its training program to the FAA for approval by the last day of the month in which its repair station certificate was issued.
(b) The training program must ensure each employee assigned to perform maintenance, preventive maintenance, or alterations, and inspection functions is capable of performing the assigned task.
(c) A certificated repair station must document, in a format acceptable to the FAA, the individual employee training required under paragraph (a) of this section. These training records must be retained for a minimum of 2 years.
(d) A certificated repair station must submit revisions to its training program to its certificate holding district office in accordance with the procedures required by § 145.209(e).
At 66 FR 41117, Aug. 6, 2001, § 145.163 was revised, effective Apr. 6, 2005. At 70 FR 15581, Mar. 28, 2005, § 145.163(a) introductory text was revised, and the effective date was delayed until Apr. 6, 2006. For the convenience of the user, the revised text follows:
(a) A certificated repair station must have an employee training program approved by the FAA that consists of initial and recurrent training. For purposes of meeting the requirements of this paragraph, beginning April 6, 2006—
(a) Each repair station that meets the definition of a hazmat employer under 49 CFR 171.8 must have a hazardous materials training program that meets the training requirements of 49 CFR part 172 subpart H.
(b) A repair station employee may not perform or directly supervise a job function listed in § 121.1001 or § 135.501 for, or on behalf of the part 121 or 135 operator including loading of items for transport on an aircraft operated by a part 121 or part 135 certificate holder unless that person has received training in accordance with the part 121 or
(a) A certificated repair station may—
(1) Perform maintenance, preventive maintenance, or alterations in accordance with part 43 on any article for which it is rated and within the limitations in its operations specifications.
(2) Arrange for another person to perform the maintenance, preventive maintenance, or alterations of any article for which the certificated repair station is rated. If that person is not certificated under part 145, the certificated repair station must ensure that the noncertificated person follows a quality control system equivalent to the system followed by the certificated repair station.
(3) Approve for return to service any article for which it is rated after it has performed maintenance, preventive maintenance, or an alteration in accordance with part 43.
(b) A certificated repair station may not maintain or alter any article for which it is not rated, and may not maintain or alter any article for which it is rated if it requires special technical data, equipment, or facilities that are not available to it.
(c) A certificated repair station may not approve for return to service'
(1) Any article unless the maintenance, preventive maintenance, or alteration was performed in accordance with the applicable approved technical data or data acceptable to the FAA.
(2) Any article after a major repair or major alteration unless the major repair or major alteration was performed in accordance with applicable approved technical data; and
(3) Any experimental aircraft after a major repair or major alteration performed under § 43.1(b) unless the major repair or major alteration was performed in accordance with methods and applicable technical data acceptable to the FAA.
A certificated repair station may temporarily transport material, equipment, and personnel needed to perform maintenance, preventive maintenance, alterations, or certain specialized services on an article for which it is rated to a place other than the repair station's fixed location if the following requirements are met:
(a) The work is necessary due to a special circumstance, as determined by the FAA; or
(b) It is necessary to perform such work on a recurring basis, and the repair station's manual includes the procedures for accomplishing maintenance, preventive maintenance, alterations, or specialized services at a place other than the repair station's fixed location.
(a) A certificated repair station that performs maintenance, preventive maintenance, or alterations for an air carrier or commercial operator that has a continuous airworthiness maintenance program under part 121 or part 135 must follow the air carrier's or commercial operator's program and applicable sections of its maintenance manual.
(b) A certificated repair station that performs inspections for a certificate holder conducting operations under part 125 must follow the operator's FAA-approved inspection program.
(c) A certificated repair station that performs maintenance, preventive maintenance, or alterations for a foreign air carrier or foreign person operating a U.S.-registered aircraft under part 129 must follow the operator's FAA-approved maintenance program.
(d) Notwithstanding the housing requirement of § 145.103(b), the FAA may grant approval for a certificated repair station to perform line maintenance for an air carrier certificated under
(1) The certificated repair station performs such line maintenance in accordance with the operator's manual, if applicable, and approved maintenance program;
(2) The certificated repair station has the necessary equipment, trained personnel, and technical data to perform such line maintenance; and
(3) The certificated repair station's operations specifications include an authorization to perform line maintenance.
(a) Each repair station must acknowledge receipt of the part 121 or part 135 operator notification required under §§ 121.1005(e) and 135.505(e) of this chapter prior to performing work for, or on behalf of that certificate holder.
(b) Prior to performing work for or on behalf of a part 121 or part 135 operator, each repair station must notify its employees, contractors, or subcontractors that handle or replace aircraft components or other items regulated by 49 CFR parts 171 through 180 of each certificate holder's operations specifications authorization permitting, or prohibition against, carrying hazardous materials. This notification must be provided subsequent to the notification by the part 121 or part 135 operator of such operations specifications authorization/designation.
(a) A certificated repair station must prepare and follow a repair station manual acceptable to the FAA.
(b) A certificated repair station must maintain a current repair station manual.
(c) A certificated repair station's current repair station manual must be accessible for use by repair station personnel required by subpart D of this part.
(d) A certificated repair station must provide to its certificate holding district office the current repair station manual in a format acceptable to the FAA.
(e) A certificated repair station must notify its certificate holding district office of each revision of its repair station manual in accordance with the procedures required by § 145.209(j).
A certificated repair station's manual must include the following:
(a) An organizational chart identifying—
(1) Each management position with authority to act on behalf of the repair station,
(2) The area of responsibility assigned to each management position, and
(3) The duties, responsibilities, and authority of each management position;
(b) Procedures for maintaining and revising the rosters required by § 145.161;
(c) A description of the certificated repair station's operations, including the housing, facilities, equipment, and materials as required by subpart C of this part;
(d) Procedures for—
(1) Revising the capability list provided for in § 145.215 and notifying the certificate holding district office of revisions to the list, including how often the certificate holding district office will be notified of revisions; and
(2) The self-evaluation required under § 145.215(c) for revising the capability list, including methods and frequency of such evaluations, and procedures for reporting the results to the appropriate manager for review and action;
(e) Procedures for revising the training program required by § 145.163 and submitting revisions to the certificate holding district office for approval;
(f) Procedures to govern work performed at another location in accordance with § 145.203;
(g) Procedures for maintenance, preventive maintenance, or alterations performed under § 145.205;
(h)Procedures for—
(1) Maintaining and revising the contract maintenance information required by § 145.217(a)(2)(i), including submitting revisions to the certificate holding district office for approval; and
(2) Maintaining and revising the contract maintenance information required by § 145.217(a)(2)(ii) and notifying the certificate holding district office of revisions to this information, including how often the certificate holding district office will be notified of revisions;
(i) A description of the required records and the recordkeeping system used to obtain, store, and retrieve the required records;
(j) Procedures for revising the repair station's manual and notifying its certificate holding district office of revisions to the manual, including how often the certificate holding district office will be notified of revisions; and
(k) A description of the system used to identify and control sections of the repair station manual.
(a) A certificated repair station must establish and maintain a quality control system acceptable to the FAA that ensures the airworthiness of the articles on which the repair station or any of its contractors performs maintenance, preventive maintenance, or alterations.
(b) Repair station personnel must follow the quality control system when performing maintenance, preventive maintenance, or alterations under the repair station certificate and operations specifications.
(c) A certificated repair station must prepare and keep current a quality control manual in a format acceptable to the FAA that includes the following:
(1) A description of the system and procedures used for—
(i) Inspecting incoming raw materials to ensure acceptable quality;
(ii) Performing preliminary inspection of all articles that are maintained;
(iii) Inspecting all articles that have been involved in an accident for hidden damage before maintenance, preventive maintenance, or alteration is performed;
(iv) Establishing and maintaining proficiency of inspection personnel;
(v) Establishing and maintaining current technical data for maintaining articles;
(vi) Qualifying and surveilling noncertificated persons who perform maintenance, prevention maintenance, or alterations for the repair station;
(vii) Performing final inspection and return to service of maintained articles;
(viii) Calibrating measuring and test equipment used in maintaining articles, including the intervals at which the equipment will be calibrated; and
(ix) Taking corrective action on deficiencies;
(2) References, where applicable, to the manufacturer's inspection standards for a particular article, including reference to any data specified by that manufacturer;
(3) A sample of the inspection and maintenance forms and instructions for completing such forms or a reference to a separate forms manual; and
(4) Procedures for revising the quality control manual required under this section and notifying the certificate holding district office of the revisions, including how often the certificate holding district office will be notified of revisions.
(d) A certificated repair station must notify its certificate holding district office of revisions to its quality control manual.
(a) A certificated repair station must inspect each article upon which it has performed maintenance, preventive maintenance, or alterations as described in paragraphs (b) and (c) of this section before approving that article for return to service.
(b) A certificated repair station must certify on an article's maintenance release that the article is airworthy with respect to the maintenance, preventive maintenance, or alterations performed after—
(1) The repair station performs work on the article; and
(2) An inspector inspects the article on which the repair station has performed work and determines it to be
(c) For the purposes of paragraphs (a) and (b) of this section, an inspector must meet the requirements of § 145.155.
(d) Except for individuals employed by a repair station located outside the United States, only an employee certificated under part 65 is authorized to sign off on final inspections and maintenance releases for the repair station.
(a) A certificated repair station with a limited rating may perform maintenance, preventive maintenance, or alterations on an article if the article is listed on a current capability list acceptable to the FAA or on the repair station's operations specifications.
(b) The capability list must identify each article by make and model or other nomenclature designated by the article's manufacturer and be available in a format acceptable to the FAA.
(c) An article may be listed on the capability list only if the article is within the scope of the ratings of the repair station's certificate, and only after the repair station has performed a self-evaluation in accordance with the procedures under § 145.209(d)(2). The repair station must perform this self-evaluation to determine that the repair station has all of the housing, facilities, equipment, material, technical data, processes, and trained personnel in place to perform the work on the article as required by part 145. The repair station must retain on file documentation of the evaluation.
(d) Upon listing an additional article on its capability list, the repair station must provide its certificate holding district office with a copy of the revised list in accordance with the procedures required in § 145.209(d)(1).
(a) A certificated repair station may contract a maintenance function pertaining to an article to an outside source provided—
(1) The FAA approves the maintenance function to be contracted to the outside source; and
(2) The repair station maintains and makes available to its certificate holding district office, in a format acceptable to the FAA, the following information:
(i) The maintenance functions contracted to each outside facility; and
(ii) The name of each outside facility to whom the repair station contracts maintenance functions and the type of certificate and ratings, if any, held by each facility.
(b) A certificated repair station may contract a maintenance function pertaining to an article to a noncertificated person provided—
(1) The noncertificated person follows a quality control system equivalent to the system followed by the certificated repair station;
(2) The certificated repair station remains directly in charge of the work performed by the noncertificated person; and
(3) The certificated repair station verifies, by test and/or inspection, that the work has been performed satisfactorily by the noncertificated person and that the article is airworthy before approving it for return to service.
(c) A certificated repair station may not provide only approval for return to service of a complete type-certificated product following contract maintenance, preventive maintenance, or alterations.
(a) A certificated repair station must retain records in English that demonstrate compliance with the requirements of part 43. The records must be retained in a format acceptable to the FAA.
(b) A certificated repair station must provide a copy of the maintenance release to the owner or operator of the article on which the maintenance, preventive maintenance, or alteration was performed.
(c) A certificated repair station must retain the records required by this section for at least 2 years from the date the article was approved for return to service.
(d) A certificated repair station must make all required records available for inspection by the FAA and the National Transportation Safety Board.
(a) A certificated repair station must report to the FAA within 96 hours after it discovers any serious failure, malfunction, or defect of an article. The report must be in a format acceptable to the FAA.
(b) The report required under paragraph (a) of this section must include as much of the following information as is available:
(1) Aircraft registration number;
(2) Type, make, and model of the article;
(3) Date of the discovery of the failure, malfunction, or defect;
(4) Nature of the failure, malfunction, or defect;
(5) Time since last overhaul, if applicable;
(6) Apparent cause of the failure, malfunction, or defect; and
(7) Other pertinent information that is necessary for more complete identification, determination of seriousness, or corrective action.
(c) The holder of a repair station certificate that is also the holder of a part 121, 125, or 135 certificate; type certificate (including a supplemental type certificate); parts manufacturer approval; or technical standard order authorization, or that is the licensee of a type certificate holder, does not need to report a failure, malfunction, or defect under this section if the failure, malfunction, or defect has been reported under parts 21, 121, 125, or 135 of this chapter.
(d) A certificated repair station may submit a service difficulty report (operational or structural) for the following:
(1) A part 121 certificate holder, provided the report meets the requirements of part 121 of this chapter, as appropriate.
(2) A part 125 certificate holder, provided the report meets the requirements of part 125 of this chapter, as appropriate.
(3) A part 135 certificate holder, provided the report meets the requirements of part 135 of the chapter, as appropriate.
(e) A certificated repair station authorized to report a failure, malfunction, or defect under paragraph (d) of this section must not report the same failure, malfunction, or defect under paragraph (a) of this section. A copy of the report submitted under paragraph (d) of this section must be forwarded to the certificate holder.
At 70 FR 76979, Dec. 29, 2005, § 145.221 was amended by revising the heading and paragraph (d) introductory text, effective Jan. 30, 2006. For the convenience of the user, the revised text follows:
(d) A certificated repair station may submit a service difficulty report for the following:
(a) A certificated repair station must allow the FAA to inspect that repair station at any time to determine compliance with this chapter.
(b) A certificated repair station may not contract for the performance of a maintenance function on an article with a noncertificated person unless it provides in its contract with the noncertificated person that the FAA may make an inspection and observe the performance of the noncertificated person's work on the article.
(c) A certificated repair station may not return to service any article on which a maintenance function was performed by a noncertificated person if the noncertificated person does not permit the FAA to make the inspection described in paragraph (b) of this section.
49 U.S.C. 106(g), 40113, 44701-44702, 44707-44709.
This part prescribes the requirements for issuing aviation maintenance technician school certificates and associated ratings and the general operating rules for the holders of those certificates and ratings.
No person may operate as a certificated aviation maintenance technician school without, or in violation of, an aviation maintenance technician school certificate issued under this part.
(a) An application for a certificate and rating, or for an additional rating, under this part is made on a form and in a manner prescribed by the Administrator, and submitted with—
(1) A description of the proposed curriculum;
(2) A list of the facilities and materials to be used;
(3) A list of its instructors, including the kind of certificate and ratings held and the certificate numbers; and
(4) A statement of the maximum number of students it expects to teach at any one time.
(b) An applicant who meets the requirements of this part is entitled to an aviation maintenance technician school certificate and associated ratings prescribing such operations specifications and limitations as are necessary in the interests of safety.
(a) An aviation maintenance technician school certificate or rating is effective until it is surrendered, suspended, or revoked.
(b) The holder of a certificate that is surrendered, suspended, or revoked, shall return it to the Administrator.
The following ratings are issued under this part:
(a) Airframe.
(b) Powerplant.
(c) Airframe and powerplant.
An applicant for an aviation maintenance technician school certificate and rating, or for an additional rating, must have at least the facilities, equipment, and materials specified in §§ 147.15 to 147.19 that are appropriate to the rating he seeks.
An applicant for an aviation maintenance technician school certificate and rating, or for an additional rating, must have such of the following properly heated, lighted, and ventilated facilities as are appropriate to the rating he seeks and as the Administrator determines are appropriate for the maximum number of students expected to be taught at any time:
(a) An enclosed classroom suitable for teaching theory classes.
(b) Suitable facilities, either central or located in training areas, arranged to assure proper separation from the working space, for parts, tools, materials, and similar articles.
(c) Suitable area for application of finishing materials, including paint spraying.
(d) Suitable areas equipped with washtank and degreasing equipment with air pressure or other adequate cleaning equipment.
(e) Suitable facilities for running engines.
(f) Suitable area with adequate equipment, including benches, tables, and test equipment, to disassemble, service, and inspect.
(1) Ignition, electrical equipment, and appliances;
(2) Carburetors and fuel systems; and
(3) Hydraulic and vacuum systems for aircraft, aircraft engines, and their appliances.
(g) Suitable space with adequate equipment, including tables, benches, stands, and jacks, for disassembling, inspecting, and rigging aircraft.
(h) Suitable space with adequate equipment for disassembling, inspecting, assembling, troubleshooting, and timing engines.
(a) An applicant for a mechanic school certificate and rating, or for an additional rating, must have such of the following instructional equipment as is appropriate to the rating he seeks:
(1) Various kinds of airframe structures, airframe systems and components, powerplants, and powerplant systems and components (including propellers), of a quantity and type suitable to complete the practical projects required by its approved curriculums.
(2) At least one aircraft of a type currently certificated by FAA for private or commercial operation, with powerplant, propeller, instruments, navigation and communications equipment, landing lights, and other equipment and accessories on which a maintenance technician might be required to work and with which the technician should be familiar.
(b) The equipment required by paragraph (a) of this section need not be in an airworthy condition. However, if it was damaged, it must have been repaired enough for complete assembly.
(c) Airframes, powerplants, propellers, appliances, and components thereof, on which instruction is to be given, and from which practical working experience is to be gained, must be so diversified as to show the different methods of construction, assembly, inspection, and operation when installed in an aircraft for use. There must be enough units so that not more than eight students will work on any one unit at a time.
(d) If the aircraft used for instructional purposes does not have retractable landing gear and wing flaps, the school must provide training aids, or operational mock-ups of them.
An applicant for an aviation maintenance technician school certificate and rating, or for an additional rating, must have an adequate supply of material, special tools, and such of the shop equipment as are appropriate to the approved curriculum of the school and are used in constructing and maintaining aircraft, to assure that each student will be properly instructed. The special tools and shop equipment must be in satisfactory working condition for the purpose for which they are to be used.
(a) An applicant for an aviation maintenance technician school certificate and rating, or for an additional rating, must have an approved curriculum that is designed to qualify his students to perform the duties of a mechanic for a particular rating or ratings.
(b) The curriculum must offer at least the following number of hours of instruction for the rating shown, and the instruction unit hour shall not be less than 50 minutes in length—
(1) Airframe—1,150 hours (400 general plus 750 airframe).
(2) Powerplant—1,150 hours (400 general plus 750 powerplant).
(3) Combined airframe and powerplant—1,900 hours (400 general plus 750 airframe and 750 powerplant).
(c) The curriculum must cover the subjects and items prescribed in appendixes B, C, or D, as applicable. Each item must be taught to at least the indicated level of proficiency, as defined in appendix A.
(d) The curriculum must show—
(1) The required practical projects to be completed;
(2) For each subject, the proportions of theory and other instruction to be given; and
(3) A list of the minimum required school tests to be given.
(e) Notwithstanding the provisions of paragraphs (a) through (d) of this section and § 147.11, the holder of a certificate issued under subpart B of this part may apply for and receive approval of special courses in the performance of special inspection and preventive maintenance programs for a primary category aircraft type certificated under § 21.24(b) of this chapter. The school may also issue certificates of competency to persons successfully completing such courses provided that all other requirements of this part are met and the certificate of competency specifies the aircraft make and model to which the certificate applies.
An applicant for an aviation maintenance technician school certificate and rating, or for an additional rating, must provide the number of instructors holding appropriate mechanic certificates and ratings that the Administrator determines necessary to provide adequate instruction and supervision of the students, including at least one such instructor for each 25 students in each shop class. However, the applicant may provide specialized instructors, who are not certificated mechanics, to teach mathematics, physics, basic electricity, basic hydraulics, drawing, and similar subjects. The applicant is required to maintain a list of the names and qualifications of specialized instructors, and upon request, provide a copy of the list to the FAA.
(a) A certificated aviation maintenance technician school may not require any student to attend classes of instruction more than 8 hours in any day or more than 6 days or 40 hours in any 7-day period.
(b) Each school shall give an appropriate test to each student who completes a unit of instruction as shown in that school's approved curriculum.
(c) A school may not graduate a student unless he has completed all of the appropriate curriculum requirements. However, the school may credit a student with instruction or previous experience as follows:
(1) A school may credit a student with instruction satisfactorily completed at—
(i) An accredited university, college, junior college;
(ii) An accredited vocational, technical, trade or high school;
(iii) A military technical school;
(iv) A certificated aviation maintenance technician school.
(2) A school may determine the amount of credit to be allowed—
(i) By an entrance test equal to one given to the students who complete a
(ii) By an evaluation of an authenticated transcript from the student's former school; or
(iii) In the case of an applicant from a military school, only on the basis of an entrance test.
(3) A school may credit a student with previous aviation maintenance experience comparable to required curriculum subjects. It must determine the amount of credit to be allowed by documents verifying that experience, and by giving the student a test equal to the one given to students who complete the comparable required curriculum subject at the school.
(4) A school may credit a student seeking an additional rating with previous satisfactory completion of the general portion of an AMTS curriculum.
(d) A school may not have more students enrolled than the number stated in its application for a certificate, unless it amends its application and has it approved.
(e) A school shall use an approved system for determining final course grades and for recording student attendance. The system must show hours of absence allowed and show how the missed material will be made available to the student.
(a) Each certificated aviation maintenance technician school shall keep a current record of each student enrolled, showing—
(1) His attendance, tests, and grades received on the subjects required by this part;
(2) The instruction credited to him under § 147.31(c), if any; and
(3) The authenticated transcript of his grades from that school.
(b) Each school shall keep a current progress chart or individual progress record for each of its students, showing the practical projects or laboratory work completed, or to be completed, by the student in each subject.
(a) Upon request, each certificated aviation maintenance technician school shall provide a transcript of the student's grades to each student who is graduated from that school or who leaves it before being graduated. An official of the school shall authenticate the transcript. The transcript must state the curriculum in which the student was enrolled, whether the student satisfactorily completed that curriculum, and the final grades the student received.
(b) Each school shall give a graduation certificate or certificate of completion to each student that it graduates. An official of the school shall authenticate the certificate. The certificate must show the date of graduation and the approved curriculum title.
Each certificated aviation maintenance technician school shall, after certification or addition of a rating, continue to provide the number of instructors holding appropriate mechanic certificates and ratings that the Administrator determines necessary to provide adequate instruction to the students, including at least one such instructor for each 25 students in each shop class. The school may continue to provide specialized instructors who are not certificated mechanics to teach mathematics, physics, drawing, basic electricity, basic hydraulics, and similar subjects.
(a) Each certificated aviation maintenance technician school shall provide facilities, equipment, and material
(b) A school may not make a substantial change in facilities, equipment, or material that have been approved for a particular curriculum, unless that change is approved in advance.
(a) Each certificated aviation maintenance technician school shall adhere to its approved curriculum. With FAA approval, curriculum subjects may be taught at levels exceeding those shown in appendix A of this part.
(b) A school may not change its approved curriculum unless the change is approved in advance.
Each certificated aviation maintenance technician school shall provide instruction of such quality that, of its graduates of a curriculum for each rating who apply for a mechanic certificate or additional rating within 60 days after they are graduated, the percentage of those passing the applicable FAA written tests on their first attempt during any period of 24 calendar months is at least the percentage figured as follows:
(a) For a school graduating fewer than 51 students during that period—the national passing norm minus the number 20.
(b) For a school graduating at least 51, but fewer than 201, students during that period—the national passing norm minus the number 15.
(c) For a school graduating more than 200 students during that period—the national passing norm minus the number 10.
Each holder of an aviation maintenance technician school certificate and ratings shall display them at a place in the school that is normally accessible to the public and is not obscured. The certificate must be available for inspection by the Administrator.
The holder of an aviation maintenance technician school certificate may not make any change in the school's location unless the change is approved in advance. If the holder desires to change the location he shall notify the Administrator, in writing, at least 30 days before the date the change is contemplated. If he changes its location without approval, the certificate is revoked.
The Administrator may, at any time, inspect an aviation maintenance technician school to determine its compliance with this part. Such an inspection is normally made once each six months to determine if the school continues to meet the requirements under which it was originally certificated. After such an inspection is made, the school is notified, in writing, of any deficiencies found during the inspection. Other informal inspections may be made from time to time.
(a) A certificated aviation maintenance technician school may not make any statement relating to itself that is false or is designed to mislead any person considering enrollment therein.
(b) Whenever an aviation maintenance technician school indicates in advertising that it is a certificated school, it shall clearly distinguish between its approved courses and those that are not approved.
This appendix defines terms used in appendices B, C, and D of this part, and describes the levels of proficiency at which items under each subject in each curriculum must be taught, as outlined in appendices B, C, and D.
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(b)
(i) Knowledge of general principles, but no practical application.
(ii) No development of manipulative skill.
(iii) Instruction by lecture, demonstration, and discussion.
(2) Level 2 requires:
(i) Knowledge of general principles, and limited practical application.
(ii) Development of sufficient manipulative skill to perform basic operations.
(iii) Instruction by lecture, demonstration, discussion, and limited practical application.
(3) Level 3 requires:
(i) Knowledge of general principles, and performance of a high degree of practical application.
(ii) Development of sufficient manipulative skills to simulate return to service.
(iii) Instruction by lecture, demonstration, discussion, and a high degree of practical application.
(c)
This appendix lists the subjects required in at least 400 hours in general curriculum subjects.
The number in parentheses before each item listed under each subject heading indicates the level of proficiency at which that item must be taught.
This appendix lists the subjects required in at least 750 hours of each airframe curriculum, in addition to at least 400 hours in general curriculum subjects.
The number in parentheses before each item listed under each subject heading indicates the level of proficiency at which that item must be taught.
This appendix lists the subjects required in at least 750 hours of each powerplant curriculum, in addition to at least 400 hours in general curriculum subjects.
The number in parentheses before each item listed under each subject heading indicates the level of proficiency at which that item must be taught.
49 U.S.C. 106(g), 40113, 44715, 47101, 47501-47504.
This part prescribes the procedures, standards, and methodology governing the development, submission, and review of airport noise exposure maps and airport noise compatibility programs, including the process for evaluating and approving or disapproving those programs. It prescribes single systems for— (a) measuring noise at airports and surrounding areas that generally provides a highly reliable relationship between projected noise exposure and surveyed reaction of people to noise; and (b) determining exposure of individuals to noise that results from the operations of an airport. This part also identifies those land uses which are normally compatible with various levels of exposure to noise by individuals. It provides technical assistance to airport operators, in conjunction with other local, State, and Federal authorities, to prepare and execute appropriate noise compatibility planning and implementation programs.
This part applies to the airport noise compatibility planning activities of the operators of “public use airports,” including heliports, as that term is used in section 47501(2) as amended (49 U.S.C. 47501
(a) Pursuant to 49 U.S.C. 47501
(b) Approval of a noise compatibility program under this part is neither a commitment by the FAA to financially assist in the implementation of the program, nor a determination that all measures covered by the program are eligible for grant-in-aid funding from the FAA.
(c) Approval of a noise compatibility program under this part does not by itself constitute an FAA implementing action. A request for Federal action or approval to implement specific noise compatibility measures may be required, and an FAA decision on the request may require an environmental assessment of the proposed action, pursuant to the National Environmental Policy Act (42 U.S.C. 4332
(d) Acceptance of a noise exposure map does not constitute an FAA determination that any specific parcel of land lies within a particular noise contour. Responsibility for interpretation of the effects of noise contours upon subjacent land uses, including the relationship between noise contours and specific properties, rests with the sponsor or with other state or local government.
As used in this part, unless the context requires otherwise, the following terms have the following meanings.
For purposes of this part, the following designations apply:
(a) The noise at an airport and surrounding areas covered by a noise exposure map must be measured in A-weighted sound pressure level (L
(b) The exposure of individuals to noise resulting from the operation of an airport must be established in terms of yearly day-night average sound level (YDNL) calculated in accordance with the specifications and methods prescribed under appendix A of this part.
(c) Uses of computer models to create noise contours must be in accordance with the criteria prescribed under appendix A of this part.
For the purposes of this part, uses of land which are normally compatible or noncompatible with various noise exposure levels to individuals around airports must be identified in accordance with the criteria prescribed under appendix A of this part. Determination of land use must be based on professional planning criteria and procedures utilizing comprehensive, or master, land use planning, zoning, and building and site designing, as appropriate. If more than one current or future land use is permissible, determination of compatibility must be based on that use most adversely affected by noise.
(a)
(b)
(c)
(d)
(1) The Bureau Central de la Commission Electrotechnique, Internationale, 1, rue de Varembe, Geneva, Switzerland.
(2) American National Standards Institute, 1430 Broadway, New York, NY 10018.
(e)
(1) FAA Office of the Chief Counsel, Rules Docket, AGC-200, Federal Aviation Administration Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591.
(2) Department of Transportation, Branch Library, Room 930, Federal Aviation Administration Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591.
(3) The respective Regional Offices of the Federal Aviation Administration as follows. The most current mailing address, phone numbers, and States covered by each region are available on the FAA's Web site at
(i) New England Regional Office, 12 New England Executive Park, Burlington, Massachusetts 01803.
(ii) Eastern Regional Office, Airports Division, 1 Aviation Plaza, Jamaica, NY 11434-4809.
(iii) Southern Regional Office, Federal Aviation Administration, ATTN: ASO-600, P.O. Box 20636, Atlanta, GA 30320-0631.
(iv) Great Lakes Regional Office, 2300 East Devon, Des Plaines, Illinois 60018.
(v) Central Regional Office, Federal Aviation Administration, ACE-600, 901 Locust, Kansas City, MO 64106-2325.
(vi) Southwest Regional Office, Federal Aviation Administration, 2601 Meacham Blvd., Fort Worth, TX 76137-4298.
(vii) Northwest Mountain Regional Office, Federal Aviation Administration, Airports Division, 1601 Lind Avenue SW., Suite 315, Renton, WA 98055-4056.
(viii) Western Pacific Regional Office, 15000 Aviation Boulevard, Hawthorne, California (P.O. Box 92007, Worldway Postal Center, Los Angeles) 90009.
(ix) Alaskan Regional Office, 222 W. 7th Avenue #14, Anchorage, AK 9951.
(4) National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
(a) Each airport operator may after completion of the consultations and public procedure specified under paragraph (b) of this section submit to the Regional Airports Division Manager five copies of the noise exposure map (or revised map) which identifies each noncompatible land use in each area depicted on the map, as of the date of submission, and five copies of a map each with accompanying documentation setting forth—
(1) The noise exposure based on forecast aircraft operations at the airport for a forecast period that is at least 5 years in the future, beginning after the date of submission (based on reasonable assumptions concerning future type and frequency of aircraft operations, number of nighttime operations, flight patterns, airport layout including any planned airport development, planned land use changes, and demographic changes in the surrounding areas); and
(2) The nature and extent, if any, to which those forecast operations will affect the compatibility and land uses depicted on the map.
(b) Each map, and related documentation submitted under this section must be developed and prepared in accordance with appendix A of this part, or an FAA approved equivalent, and in consultation with states, and public agencies and planning agencies whose area, or any portion of whose area, of jurisdiction is within the L
(c) The Regional Airports Division Manager acknowledges receipt of noise exposure maps and descriptions and indicates whether they are in compliance with the applicable requirements. The Regional Airports Division Manager publishes in the
(d) The airport operator shall, in accordance with this section, promptly prepare and submit a revised noise exposure map.
(1) If, after submission of a noise exposure map under paragraph (a) of this section, any change in the operation of the airport would create any “substantial, new noncompatible use” in any area depicted on the map beyond that which is forecast for a period of at least five years after the date of submission, the airport operator shall, in accordance with this section, promptly prepare and submit a revised noise exposure map. A change in the operation of an airport creates a substantial new noncompatible use if that change results in an increase in the yearly day-night average sound level of 1.5 dB or greater in either a land area which was formerly compatible but is thereby made noncompatible under Appendix A (Table 1), or in a land area which was previously determined to be noncompatible under that Table and whose noncompatibility is now significantly increased.
(2) If, after submission of a noise exposure map under paragraph (a) of this section, any change in the operation of the airport would significantly reduce noise over existing noncompatible uses that is not reflected in either the existing conditions or forecast noise exposure map on file with the FAA, the airport operator shall, in accordance with this section, promptly prepare and submit a revised noise exposure map. A change in the operation of the airport creates a significant reduction in noise over existing noncompatible uses if that change results in a decrease in the yearly day-night average sound level of 1.5 dB or greater in a land area which was formerly noncompatible but is thereby made compatible under Appendix A (Table 1).
(3) Such updating of the map shall include a reassessment of those areas excluded under section A150.101(e)(5) of Appendix A because of high ambient noise levels.
(4) If the forecast map is based on assumptions involving recommendations in a noise compatibility program which are subsequently disapproved by the FAA, a revised map must be submitted if revised assumptions would create a substantial, new noncompatible use not indicated on the forecast map. Revised noise exposure maps are subject to the same requirements and procedures as initial submissions of noise exposure maps under this part.
(e) Each map, or revised map, and description of consultation and opportunity for public comment, submitted to the FAA, must be certified as true and complete under penalty of 18 U.S.C. 1001.
(f)(1) Title 49, section 47506 provides that no person who acquires property or an interest therein after the date of enactment of the Act in an area surrounding an airport with respect to which a noise exposure map has been submitted under section 47503 of the Act shall be entitled to recover damages with respect to the noise attributable to such airport if such person had actual or constructive knowledge of the existence of such noise exposure map unless, in addition to any other elements for recovery of damages, such person can show that—
(i) A significant change in the type or frequency of aircraft operations at the airport; or
(ii) A significant change in the airport layout; or
(iii) A significant change in the flight patterns; or
(iv) A significant increase in nighttime operations; occurred after the date of the acquisition of such property or interest therein and that the damages for which recovery is sought have resulted from any such change or increase.”
(f)(2) Title 49 section 47506(b) further provides:
(i) Prior to the date of such acquisition, notice of the existence of a noise exposure map for such area was published at least three times in a newspaper of general circulation in the county in which such property is located; or
(ii) A copy of such noise exposure map is furnished to such person at the time of such acquisition.
(g) For this purpose, the term
(a) Any airport operator who has submitted an acceptable noise exposure map under § 150.21 may, after FAA notice of acceptability and other consultation and public procedure specified under paragraphs (b) and (c) of this section, as applicable, submit to the Regional Airports Division Manager five copies of a noise compatibility program.
(b) An airport operator may submit the noise compatibility program at the same time as the noise exposure map. In this case, the Regional Airports Division Manager will not begin the statutory 180-day review period (for the program) until after FAA reviews the noise exposure map and finds that it and its supporting documentation are in compliance with the applicable requirements.
(c) Each noise compatibility program must be developed and prepared in accordance with appendix B of this part, or an FAA approved equivalent, and in consultation with FAA regional officials, the officials of the state and of any public agencies and planning agencies whose area, or any portion or whose area, of jurisdiction within the L
(d) Prior to and during the development of a program, and prior to submission of the resulting draft program to the FAA, the airport operator shall afford adequate opportunity for the active and direct participation of the States, public agencies and planning agencies in the areas surrounding the airport, aeronautical users of the airport, the airport operator, and the general public to submit their views, data, and comments on the formulation and adequacy of that program. Prior to submitting the program to the FAA, the airport operator shall also provide notice and the opportunity for a public hearing.
(e) Each noise compatibility program submitted to the FAA must consist of at least the following:
(1) A copy of the noise exposure map and its supporting documentation as found in compliance with the applicable requirements by the FAA, per § 150.21(c).
(2) A description and analysis of the alternative measures considered by the airport operator in developing the program, together with a discussion of why each rejected measure was not included in the program.
(3) Program measures proposed to reduce or eliminate present and future noncompatible land uses and a description of the relative contribution of each of the proposed measures to the overall effectiveness of the program.
(4) A description of public participation and the consultation with officials of public agencies and planning agencies in areas surrounding the airport,
(5) The actual or anticipated effect of the program on reducing noise exposure to individuals and noncompatible land uses and preventing the introduction of additional noncompatible uses within the area covered by the noise exposure map. The effects must be based on expressed assumptions concerning the type and frequency of aircraft operations, number of nighttime operations, flight patterns, airport layout including planned airport development, planned land use changes, and demographic changes within the L
(6) A description of how the proposed future actions may change any noise control or compatibility plans or actions previously adopted by the airport proprietor.
(7) A summary of the comments at any public hearing on the program and a copy of all written material submitted to the operator under paragraphs (c) and (d) of this section, together with the operator's response and disposition of those comments and materials to demonstrate the program is feasible and reasonably consistent with obtaining the objectives of airport noise compatibility planning under this part.
(8) The period covered by the program, the schedule for implementation of the program, the persons responsible for implementation of each measure in the program, and, for each measure, documentation supporting the feasibility of implementation, including any essential governmental actions, costs, and anticipated sources of funding, that will demonstrate that the program is reasonably consistent with achieving the goals of airport noise compatibility planning under this part.
(9) Provision for revising the program if made necessary by revision of the noise exposure map.
(a) Upon receipt of a noise compatibility program submitted under § 150.23, the Regional Airports Division Manager acknowledges to the airport operator receipt of the program and conducts a preliminary review of the submission.
(b) If, based on the preliminary review, the Regional Airports Division Manager finds that the submission does not conform to the requirements of this part, he disapproves and returns the unacceptable program to the airport operator for reconsideration and development of a program in accordance with this part.
(c) If, based on the preliminary review, the Regional Airports Division Manager finds that the program conforms to the requirements of this part, the Regional Airports Division Manager publishes in the
(1) The airport covered by the program, and the date of receipt.
(2) The availability of the program for examination in the offices of the Regional Airports Division Manager and the airport operator.
(3) That comments on the program are invited and, will be considered by the FAA.
(d) The date of signature of the published notice of receipt starts the 180-day approval period for the program.
(a) The FAA conducts an evaluation of each noise compatibility program and, based on that evaluation, either approves or disapproves the program. The evaluation includes consideration of proposed measures to determine whether they—
(1) May create an undue burden on interstate or foreign commerce (including unjust discrimination);
(2) Are reasonably consistent with obtaining the goal of reducing existing noncompatible land uses and preventing the introduction of additional noncompatible land uses; and
(3) Include the use of new or modified flight procedures to control the operation of aircraft for purposes of noise control, or affect flight procedures in any way.
(b) The evaluation may also include an evaluation of those proposed measures to determine whether they may adversely affect the exercise of the authority and responsibilities of the Administrator under the Federal Aviation Act of 1958, as amended.
(c) To the extent considered necessary, the FAA may—
(1) Confer with the airport operator and other persons known to have information and views material to the evaluation;
(2) Explore the objectives of the program and the measures, and any alternative measures, for achieving the objectives.
(3) Examine the program for developing a range of alternatives that would eliminate the reasons, if any, for disapproving the program.
(4) Convene an informal meeting with the airport operator and other persons involved in developing or implementing the program for the purposes of gathering all facts relevant to the determination of approval or disapproval of the program and of discussing any needs to accommodate or modify the program as submitted.
(d) If requested by the FAA, the airport operator shall furnish all information needed to complete FAA's review under (c).
(e) An airport operator may, at any time before approval or disapproval of a program, withdraw or revise the program. If the airport operator withdraws or revises the program or indicates to the Regional Airports Division Manager, in writing, the intention to revise the program, the Regional Airports Division Manager terminates the evaluation and notifies the airport operator of that action. That termination cancels the 180-day review period. The FAA does not evaluate a second program for any airport until any previously submitted program has been withdrawn or a determination on it is issued. A new evaluation is commenced upon receipt of a revised program, and a new 180-day approval period is begun, unless the Regional Airports Division Manager finds that the modification made, in light of the overall revised program, can be integrated into the unmodified portions of the revised program without exceeding the original 180-day approval period or causing undue expense to the government.
(a) The FAA issues a determination approving or disapproving each airport noise compatibility program (and revised program). Portions of a program may be individually approved or disapproved. No conditional approvals will be issued. A determination on a program acceptable under this part is issued within 180 days after the program is received under § 150.23 of this part or it may be considered approved, except that this time period may be exceeded for any portion of a program relating to the use of flight procedures for noise control purposes. A determination on portions of a program covered by the exceptions to the 180-day review period for approval will be issued within a reasonable time after receipt of the program. Determinations relating to the use of any flight procedure for noise control purposes may be issued either in connection with the determination on other portions of the program or separately. Except as provided by this paragraph, no approval of any noise compatibility program, or any portion of a program, may be implied in the absence of the FAA's express approval.
(b) The Administrator approves programs under this part, if—
(1) It is found that the program measures to be implemented would not create an undue burden on interstate or foreign commerce (including any unjust discrimination) and are reasonably consistent with achieving the goals of reducing existing noncompatible land
(2) The program provides for revision if made necessary by the revision of the noise map; and
(3) Those aspects of programs relating to the use of flight procedures for noise control can be implemented within the period covered by the program and without—
(i) Reducing the level of aviation safety provided;
(ii) Derogating the requisite level of protection for aircraft, their occupants and persons and property on the ground;
(iii) Adversely affecting the efficient use and management of the Navigable Airspace and Air Traffic Control Systems; or
(iv) Adversely affecting any other powers and responsibilities of the Administrator prescribed by law or any other program, standard, or requirement established in accordance with law.
(c) When a determination is issued, the Regional Airports Division Manager notifies the airport operator and publishes a notice of approval or disapproval in the
(d) Approvals issued under this part for a program or portion thereof become effective as specified therein and may be withdrawn when one of the following occurs:
(1) The program or portion thereof is required to be revised under this part or under its own terms, and is not so revised;
(2) If a revision has been submitted for approval, a determination is issued on the revised program or portion thereof, that is inconsistent with the prior approval.
(3) A term or condition of the program, or portion thereof, or its approval is violated by the responsible government body.
(4) A flight procedure or other FAA action upon which the approved program or portion thereof is dependent is subsequently disapproved, significantly altered, or rescinded by the FAA.
(5) The airport operator requests rescission of the approval.
(6) Impacts on flight procedures, air traffic management, or air commerce occur which could not be foreseen at the time of approval.
(e) Determinations may contain conditions which must be satisfied prior to implementation of any portion of the program relating to flight procedures affecting airport or aircraft operations.
(f) Noise exposure maps for current and forecast year map conditions that are submitted and approved with noise compatibility programs are considered to be the new FAA accepted noise exposure maps for purposes of part 150.
(a) This appendix establishes a uniform methodology for the development and preparation of airport noise exposure maps. That methodology includes a single system of measuring noise at airports for which there is a highly reliable relationship between projected noise exposure and surveyed reactions of people to noise along with a separate single system for determining the exposure of individuals to noise. It also identifies land uses which, for the purpose of this part are considered to be compatible with various exposures of individuals to noise around airports.
(b) This appendix provides for the use of the FAA's Integrated Noise Model (INM) or an FAA approved equivalent, for developing standardized noise exposure maps and predicting noise impacts. Noise monitoring may be utilized by airport operators for data acquisition and data refinement, but is not required by this part for the development of noise exposure maps or airport noise compatibility programs. Whenever noise monitoring is used, under this part, it should be accomplished in accordance with Sec. A150.5 of this appendix.
(a)
(b)
(a) Sound levels must be measured or analyzed with equipment having the “A” frequency weighting, filter characteristics, and the “slow response” characteristics as defined in International Electrotechnical Commission (IEC) Publication No. 179, entitled “Precision Sound Level Meters” as incorporated by reference in part 150 under § 150.11. For purposes of this part, the tolerances allowed for general purpose, type 2 sound level meters in IEU 179, are acceptable.
(b) Noise measurements and documentation must be in accordance with accepted acoustical measurement methodology, such as those described in American National Standards Institute publication ANSI 51.13, dated 1971 as revised 1979, entitled “ANS—Methods for the Measurement of Sound Pressure Levels”; ARP No. 796, dated 1969, entitled “Measurement of Aircraft Exterior Noise in the Field”; “Handbook of Noise Measurement,” Ninth Ed. 1980, by Arnold P.G. Peterson; or “Acoustic Noise Measurement,” dated Jan., 1979, by J.R. Hassell and K. Zaveri. For purposes of this part, measurements intended for comparison to a State or local standard or with another transportation noise source (including other aircraft) must be reported in maximum A-weighted sound levels (L
(a) To determine the extent of the noise impact around an airport, airport proprietors developing noise exposure maps in accordance with this part must develop L
(b) Table 1 of this appendix describes compatible land use information for several land uses as a function of YDNL values. The ranges of YDNL values in Table 1 reflect the statistical variability for the responses of large groups of people to noise. Any particular level might not, therefore, accurately assess an individual's perception of an actual noise environment. Compatible or noncompatible land use is determined by comparing the predicted or measured YDNL values at a site with the values given. Adjustments or modifications of the descriptions of the land-use categories may be desirable after consideration of specific local conditions.
(c) Compatibility designations in Table 1 generally refer to the major use of the site. If other uses with greater sensitivity to noise are permitted by local government at a site, a determination of compatibility must be based on that use which is most adversely affected by noise. When appropriate, noise level reduction through incorporation of sound attenuation into the design and construction of a structure may be necessary to achieve compatibility.
(d) For the purpose of compliance with this part, all land uses are considered to be compatible with noise levels less than L
(e) Except as provided in (f) below, the noise exposure maps must also contain and indentify:
(1) Runway locations.
(2) Flight tracks.
(3) Noise contours of L
(4) Outline of the airport boundaries.
(5) Noncompatible land uses within the noise contours, including those within the L
(6) Location of noise sensitive public buildings (such as schools, hospitals, and health care facilities), and properties on or eligible for inclusion in the National Register of Historic Places.
(7) Locations of any aircraft noise monitoring sites utilized for data acquisition and refinement procedures.
(8) Estimates of the number of people residing within the L
(9) Depiction of the required noise contours over a land use map of a sufficient scale and quality to discern streets and other identifiable geographic features.
(f) Notwithstanding any other provision of this part, noise exposure maps prepared in connection with studies which were either Federally funded or Federally approved and which commenced before October 1, 1981, are not required to be modified to contain the following items:
(1) Flight tracks depicted on the map.
(2) Use of ambient noise to determine land use compatibility.
(3) The L
(4) Estimates of the number of people residing within the L
(a) The airport operator shall acquire the aviation operations data necessary to develop noise exposure contours using an FAA approved methodology or computer program, such as the Integrated Noise Model (INM) for airports or the Heliport Noise Model (HNM) for heliports. In considering approval of a methodology or computer program, key factors include the demonstrated capability to produce the required output and the public availability of the program or methodology to provide interested parties the opportunity to substantiate the results.
(b) Except as provided in paragraph (c) of this section, the following information must be obtained for input to the calculation of noise exposure contours:
(1) A map of the airport and its environs at an adequately detailed scale (not less than 1 inch to 2,000 feet) indicating runway length, alignments, landing thresholds, takeoff start-of-roll points, airport boundary, and flight tracks out to at least 30,000 feet from the end of each runway.
(2) Airport activity levels and operational data which will indicate, on an annual average-daily-basis, the number of aircraft, by type of aircraft, which utilize each flight track, in both the standard daytime (0700-2200 hours local) and nighttime (2200-0700 hours local) periods for both landings and takeoffs.
(3) For landings—glide slopes, glide slope intercept altitudes, and other pertinent information needed to establish approach profiles along with the engine power levels needed to fly that approach profile.
(4) For takeoffs—the flight profile which is the relationship of altitude to distance from start-of-roll along with the engine power levels needed to fly that takeoff profile; these data must reflect the use of noise abatement departure procedures and, if applicable, the takeoff weight of the aircraft or some proxy for weight such as stage length.
(5) Existing topographical or airspace restrictions which preclude the utilization of alternative flight tracks.
(6) The government furnished data depicting aircraft noise characteristics (if not already a part of the computer program's stored data bank).
(7) Airport elevation and average temperature.
(c) For heliports, the map scale required by paragraph (b)(1) of this section shall not be less than 1 inch to 2,000 feet and shall indicate heliport boundaries, takeoff and landing pads, and typical flight tracks out to at least 4,000 feet horizontally from the landing pad. Where these flight tracks cannot be determined, obstructions or other limitations on flight tracks in and out of the heliport shall be identified within the map areas out to at least 4,000 feet horizontally from the landing pad. For static operation (hover), the helicopter type, the number of daily operations based on an annual average, and the duration in minutes of the hover operation shall be identified. The other information required in paragraph (b) shall be furnished in a form suitable for input to the HNM or other FAA approved methodology or computer program.
(a) The airport proprietor shall identify each public agency and planning agency whose jurisdiction or responsibility is either
(b) For those agencies identified in (a) that have land use planning and control authority, the supporting documentation shall identify their geographic areas of jurisdiction.
The following mathematical descriptions provide the most precise definition of the yearly day-night average sound level (L
The following symbols are used in the computation of L
(a) Average sound level must be computed in accordance with the following formula:
When a noise environment is caused by a number of identifiable noise events, such as aircraft flyovers, average sound level may be conveniently calculated from the sound exposure levels of the individual events occurring within a time period T:
When T is one hour, L
(b) Day-night average sound level (individual day) must be computed in accordance with the following formula:
(c) Yearly day-night average sound level must be computed in accordance with the following formula:
(d) Sound exposure level must be computed in accordance with the following formula:
The time interval should be sufficiently large that it encompasses all the significant sound of a designated event.
The requisite integral may be approximated with sufficient accuracy by integrating L
(a) This appendix prescribes the content and the methods for developing noise compatibility programs authorized under this part. Each program must set forth the measures which the airport operator (or other person or agency responsible) has taken, or proposes to take, for the reduction of existing noncompatible land uses and the prevention of the introduction of additional noncompatible land uses within the area covered by the noise exposure map submitted by the operator.
(b) The purpose of a noise compatibility program is:
(1) To promote a planning process through which the airport operator can examine and analyze the noise impact created by the operation of an airport, as well as the costs and benefits associated with various alternative noise reduction techniques, and the responsible impacted land use control jurisdictions can examine existing and forecast areas of noncompatibility and consider actions to reduce noncompatible uses.
(2) To bring together through public participation, agency coordination, and overall cooperation, all interested parties with their respective authorities and obligations, thereby facilitating the creation of an agreed upon noise abatement plan especially suited to the individual airport location while at the same time not unduly affecting the national air transportation system.
(3) To develop comprehensive and implementable noise reduction techniques and land use controls which, to the maximum extent feasible, will confine severe aircraft YDNL values of L
(a) It is required that a current and complete noise exposure map and its supporting documentation as found in compliance with the applicable requirements by the FAA, per § 150.21(c) be included in each noise compatibility program:
(1) To identify existing and future noncompatible land uses, based on airport operation and off-airport land uses, which have generated the need to develop a program.
(2) To identify changes in noncompatible uses to be derived from proposed program measures.
(b) If the proposed noise compatibility program would yield maps differing from those previously submitted to FAA, the program shall be accompanied by appropriately revised maps. Such revisions must be prepared in accordance with the requirements of Sec. A150.101(e) of appendix A and will be accepted by FAA in accordance with § 150.35(f).
Based upon the airport noise exposure and noncompatible land uses identified in the map, the airport operator shall evaluate the several alternative noise control actions and develop a noise compatibility program which—
(a) Reduces existing noncompatible uses and prevents or reduces the probability of the establishment of additional noncompatible uses;
(b) Does not impose undue burden on interstate and foreign commerce;
(c) Provides for revision in accordance with § 150.23 of this part.
(d) Is not unjustly discriminatory.
(e) Does not derogate safety or adversely affect the safe and efficient use of airspace.
(f) To the extent practicable, meets both local needs and needs of the national air transportation system, considering tradeoffs between economic benefits derived from the airport and the noise impact.
(g) Can be implemented in a manner consistent with all of the powers and duties of the Administrator of FAA.
(a) Noise control alternatives must be considered and presented according to the following categories:
(1) Noise abatement alternatives for which the airport operator has adequate implementation authority.
(2) Noise abatement alternatives for which the requisite implementation authority is vested in a local agency or political subdivision governing body, or a state agency or political subdivision governing body.
(3) Noise abatement options for which requisite authority is vested in the FAA or other Federal agency.
(b) At a minimum, the operator shall analyze and report on the following alternatives, subject to the constraints that the strategies are appropriate to the specific airport (for example, an evaluation of night curfews is not appropriate if there are no night flights and none are forecast):
(1) Acquisition of land and interests therein, including, but not limited to air rights, easements, and development rights, to ensure the use of property for purposes which are compatible with airport operations.
(2) The construction of barriers and acoustical shielding, including the soundproofing of public buildings.
(3) The implementation of a preferential runway system.
(4) The use of flight procedures (including the modifications of flight tracks) to control
(5) The implementation of any restriction on the use of airport by any type or class of aircraft based on the noise characteristics of those aircraft. Such restrictions may include, but are not limited to—
(i) Denial of use of the airport to aircraft types or classes which do not meet Federal noise standards;
(ii) Capacity limitations based on the relative noisiness of different types of aircraft;
(iii) Requirement that aircraft using the airport must use noise abatement takeoff or approach procedures previously approved as safe by the FAA;
(iv) Landing fees based on FAA certificated or estimated noise emission levels or on time of arrival; and
(v) Partial or complete curfews.
(6) Other actions or combinations of actions which would have a beneficial noise control or abatement impact on the public.
(7) Other actions recommended for analysis by the FAA for the specific airport.
(c) For those alternatives selected for implementation, the program must identify the agency or agencies responsible for such implementation, whether those agencies have agreed to the implementation, and the approximate schedule agreed upon.
(a) Notwithstanding any other provision of this part, noise compatibility programs prepared in connection with studies which were either Federally funded or Federally approved and commenced before October 1, 1981, are not required to be modified to contain the following items:
(1) Flight tracks.
(2) A noise contour of L
(3) The categorization of alternatives pursuant to Sec. B150.7(a), although the persons responsible for implementation of each measure in the program must still be identified in accordance with § 150.23(e)(8).
(4) Use of ambient noise to determine land use compatibility.
(b) Previously prepared noise compatibility program documentation may be supplemented to include these and other program requirements which have not been excepted.
49 U.S.C. 106(g), 40113, 47151, 47153.
This part prescribes the policies and procedures for administering the Federal-aid Airport Program under the Federal Airport Act, as amended (49 U.S.C. 1101 et seq.).
(a) Under the Federal Airport Act, the FAA prepares each year a “National Airport Plan” for developing public airports in the United States, Puerto Rico, the Virgin Islands, and Guam. In terms of general location and type of development, the National Airport Plan specifies the maximum limits of airport development that is necessary to provide a system of public airports adequate to anticipate and meet the needs of civil aeronautics.
(b) If, within the forecast period, an airport will have a substantial aeronautical necessity, it may be included in the National Airport Plan. Only work on an airport included in the current Plan is eligible for inclusion in the Federal-aid Airport Program to be undertaken within currently available appropriations and authorizations. However, the inclusion of an airport in the National Airport Plan does not commit the United States to include it in the Federal-aid Airport Program. In addition, the local community concerned is not required to proceed with planning or development of an airport included in the National Airport Plan.
(a)
(1) The present boundaries of the airport and of the offsite areas that the sponsor owns or controls for airport purposes, and of their proposed additions;
(2) The location and nature of existing and proposed airport facilities (such as runways, taxiways, aprons, terminal buildings, hangars, and roads) and of their proposed modifications and extensions; and
(3) The location of existing and proposed non-aviation areas, and of their existing improvements.
(b)
(1) An airport or unit of an airport that is safe, useful, and usable; or
(2) An additional facility that increases the safety, usefulness, or usability of an airport.
(c)
(d)
(a)
(1) Agreements with the United States to which this requirement of compliance applies include—
(i) Any grant agreement made under the Federal-aid Airport Program;
(ii) Any covenant in a conveyance under section 16 of the Federal Airport Act;
(iii) Any covenant in a conveyance of surplus airport property either under section 13(g) of the Surplus Property Act (50 U.S.C. App. 1622(g)) or under Regulation 16 of the War Assets Administration; and
(iv) Any AP-4 agreement made under the terminated Development Landing Areas National Defense Program and the Development Civil Landing Areas Program.
(2) If it appears that a sponsor has failed to comply with a requirement of an agreement with the United States with respect to an airport, the FAA notifies him of this fact and affords him an opportunity to submit materials to refute the allegation of noncompliance or to achieve compliance.
(3) If a project is otherwise eligible under the Federal-aid Airport Program, a grant may be made to a sponsor who has not complied with an agreement if the sponsor shows—
(i) That the noncompliance is caused by factors beyond his control; or
(ii) That the following circumstances exist:
(
(
(b)
(1) The advance planning and engineering proposal involves more than $1,000 in United States funds; and
(2) The project application involves more than $5,000 in U.S. funds.
(c)
(a) Whenever funds are allocated for developing new runways or landing strips, or to improve or repair existing runways, the sponsor must own, acquire, or agree to acquire, runway clear zones. Exceptions are considered (on the basis of a full statement of facts by the sponsor) upon a showing of uneconomical acquisition costs, or lack of necessity for the acquisition.
(b) For the purpose of this part, a runway clear zone is an area at ground level which begins at the end of each primary surface defined in § 77.27(a) and extends with the width of each approach surface defined in § 77.27 (b) and (c), to terminate directly below each approach surface slope at the point, or points, where the slope reaches a height of 50 feet above the elevation of the runway or 50 feet above the terrain at the outer extremity of the clear zone, whichever distance is shorter.
(c) For the purposes of this section, an airport operator or owner is considered to have an adequate property interest if it has an easement (or a covenant running with the land) giving it enough control to rid the clear zone of all obstructions (objects so far as they project above the approach surfaces established by § 77.27 (b) and (c) of part 77 of this chapter), and to prevent the creation of future obstructions; together with the right of entrance and exit for those purposes, to ensure the safe and unrestricted passage of aircraft in and over the area.
(a) In projects involving grants-in-aid under the Federal-aid Airport Program, a sponsor must own, acquire, or agree to acquire an adequate property interest in runway clear zone areas as prescribed in paragraph (b), (c), (d), or (e) of this section, as applicable. Property interests that a sponsor acquires to meet the requirements of this section are eligible for inclusion in the Program.
(b) On new airports, the sponsor must own, acquire, or agree to acquire adequate property interests in runway clear zone areas (in connection with initial land acquisition) for all eligible runways or landing strips, without substantial deviation from standard configuration and length.
(c) On existing airports where new runways or landing strips are developed, the sponsor must own, acquire, or agree to acquire adequate property interests in runway clear zone areas for each runway and landing strip to be developed or extended, to the extent that the Administrator determines practical and feasible considering all facts presented by the airport owner or operator, preferably without substantial deviation from standard configuration and length.
(d) On existing airports where improvements are made to runways or
(e) On existing airports where substantial improvements are made that do not benefit a specific runway or landing strip, such as overall grading or drainage, terminal area or building developments, the sponsor must own, acquire, or agree to acquire adequate property interests in runway clear zone areas for the dominant runway or landing strip to the extent that the Administrator determines is practical and feasible, with regard to standard configuration, length, and property interests, considering all facts presented by the airport owner or operator.
(f) If a sponsor or other public agency shows that it is legally able to prevent the future erection or creation of obstructions in the runway clear zone area, and adopts protective measures to prohibit their future erection or creation, that showing is acceptable for the purposes of paragraphs (d) and (e) of this section in place of an adequate property interest (except for rights required for removing existing obstructions). In such a case, there must be an agreement between the FAA and the sponsor for removing or marking or lighting (to be determined in each case) any existing obstruction to air navigation In each case, the sponsor must furnish information as to the specific height limitations established and as to the current and foreseeable future use of the property to which they apply. The information must include an acceptable legal opinion of the validity of the measures adopted, including a conclusion that the height limitations are not unreasonable in view of current and foreseeable future use of the property, and are a reasonable exercise of the police power, together with the reasons or basis supporting the opinion.
(g) The authority exercised by the Administrator under paragraphs (b), (c), (d), and (e) of this section to allow a deviation from, or the extent of conformity to, standard configuration or length of runway clear zones, or to determine the adequacy of property interests therein, is also exercised by Regional Directors.
(a)
(1) Land needed for installing approach lighting systems (ALS).
(2) In-runway lighting.
(3) High intensity runway lighting.
(4) Runway distance markers.
(b)
(1) Lands for installing approach lighting systems are required as part of a project if the installing of the components of the system on the airport is in an approved FAA budget, unless the sponsor has already acquired the land necessary for the system or is otherwise undertaking to acquire that land. If the sponsor is otherwise undertaking to acquire the land, the grant agreement for the proj-ect must obligate the sponsor to complete the acquisition
(2) In-runway lighting is required as part of a project:
(i) If the project includes:
(
(
(
(
(ii) Only if a study of the airport shows that in-runway lighting is required for the safe and efficient use of the airport by aircraft, after the Administrator considers the following:
(
(
(
(
(
(
(3) High intensity runway edge lighting on the designated instrument landing runway is required as a part of a project whenever that runway is equipped or programmed for the installation of an ILS and high intensity runway edge lights are not then installed on the runway or included in another project. A project for extending a runway that has high intensity runway edge lights on the existing runway requires, as a part of the project, the extension of the high intensity runway edge lights.
(4) Runway distance markers whose design standards have been approved and published by the FAA are required as a part of a project on a case-by-case basis if, after reviewing the pertinent facts and circumstances of the case, the Administrator determines that they are needed for the safe and efficient use of the airport by aircraft.
No project for developing or improving an airport may be approved for the Program unless it provides for runway or taxiway remarking if the present marking is obliterated by construction, alteration or repair work included in a FAAP project or by the required routing of construction equipment used therein.
49 U.S.C. 106(g), 40113, 47151, 47153.
(a) An eligible sponsor that desires to obtain Federal aid for eligible airport
(1) The sponsor's written statement as to whether the proposed project involves the displacement and relocation of persons residing on land physically acquired or to be acquired for the project development; and
(2) The sponsor's written assurance, if the project involves displacement and relocation of such persons, that adequate replacement housing will be available or provided for (built, if necessary), without regard to their race, color, religion, sex, or national origin, before the execution of a grant agreement for the project.
(b) A proposed project is selected for inclusion in a program only if the sponsor has submitted a written assurance when required by paragraph (a)(2) of this section, or if the Administrator has determined that the proj-ect does not involve the displacement and relocation of persons residing on land to be physically acquired or to be acquired for the project development. If the Administrator selects a proposed project for inclusion in a program, a tentative allocation of funds is made for it and the sponsor is notified of the allocation. The tentative allocation may be withdrawn if the sponsor fails to submit an acceptable project application as provided in paragraph (c) of this section or fails to proceed diligently with the project, or if adequate replacement housing is not available or provided for in accordance with a written assurance when required by paragraph (a)(2) of this section.
(c) As soon as practicable after receiving notice of the tentative allocation, the sponsor must submit a proj-ect application on FAA Form 1624 to the Area Manager, without changing the language of the form, unless the change is approved in advance by the Administrator. In the case of a joint project, each sponsor executes only those provisions of the project application that apply to it. A sponsor who has executed a grant agreement for a project for the development of an airport under the Program, may, in the Administrator's discretion, submit additional project applications on FAA Form 1624 for further development of that airport.
Each sponsor must state in its application that it has on hand, or show that it can obtain as needed, funds to pay all estimated costs of the proposed project that are not borne by the United States or by another sponsor. If any of the funds are to be furnished to a sponsor, or used to pay project costs on behalf of a sponsor, by a State agency or any other public agency that is not a sponsor of the project, that agency may, instead of the sponsor, submit evidence that the funds will be provided if the project is approved.
(a) If any part of the estimated project costs consists of the value of donated land, labor, materials, or equipment, or of the value of a property interest in land acquired at a cost that (as represented by the sponsor) is not the actual cost or the amount of an award in eminent domain proceedings, the sponsor must so state in the application, indicating the nature of the donation or other transaction and the value it places on it.
(b) If, after the grant agreement is executed and before the final payment of the allowable project costs is made under § 151.63, it appears that the sponsor inadvertently or unknowingly failed to comply with paragraph (a) of this section as to any item, the Administrator—
(1) Makes or obtains an appraisal of the item, and if the appraised value is less than the value placed on the item
(2) Adjusts the U.S. share of the proj-ect costs to reflect any decrease in value of the item below that stated in the project application.
(a) Each sponsor must state in its application all of the property interests that he holds in the lands to be developed or used as part of, or in connection with, the airport as it will be when the project is completed. Each project application contains a covenant on the part of the sponsor to acquire, before starting construction work, or within a reasonable time if not needed for the construction, property interests satisfactory to the Administrator in all the lands in which it does not hold those property interests at the time it submits the application. In the case of a joint project, any one or more of the sponsors may hold or acquire the necessary property interests. In such a case, each sponsor may show on its application only those property interests that it holds or is to acquire.
(b) Each sponsor of a project must send with its application a property map (designated as Exhibit A) or incorporate such a map by reference to one in a previous application that was approved. The sponsor must clearly identify on the map all property interests required in paragraph (a) of this section, showing prior and proposed acquisitions for which United States aid is requested under the project.
(c) For the purposes of paragraphs (a) and (b) of this section, the property interest that the sponsor must have or agree to obtain, is—
(1) Title free and clear of any reversionary interest, lien, easement, lease, or other encumbrance that, in the opinion of the Administrator, would create an undue risk that it might deprive the sponsor of possession or control, interfere with its use for public airport purposes, or make it impossible for the sponsor to carry out the agreements and covenants in the application;
(2) A lease of not less than 20 years granted to the sponsor by another public agency that has title as described in paragraph (c)(1) of this section, on terms that the Administrator considers satisfactory; or
(3) In the case of an offsite area an agreement, easement, leasehold, or other right or property interest that, in the Administrator's opinion, provides reasonable assurance that the sponsor will not be deprived of its right to use the land for the intended purpose during the period necessary to meet the requirements of the grant agreement.
(d) For the purposes of this section, the word “land” includes landing areas, building areas, runway clear zones, clearways and approach zones, and areas required for offsite construction, entrance roads, drainage, protection of approaches, installation of air navigation facilities, or other airport purposes.
(a) Each sponsor must state in its application the action that it has taken to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations including landing and take-off of aircraft. The sponsor's statement must include information on—
(1) Any property interests (such as airspace easements or title to airspace) acquired by the sponsor to assure compatible land use, or to protect or control aerial approaches;
(2) Any zoning laws enacted or in force restricting the use of land adjacent to or in the vicinity of the airport, or assuring protection or control of aerial approaches, whether or not enacted by the sponsor; and
(3) Any action taken by the sponsor to induce the appropriate government authority to enact zoning laws restricting the use of land adjacent to or
(b) Each sponsor must submit with his application—
(1) A written statement—
(i) Specifying what consideration has been given to the interest of all communities in or near which the proj-ect is located; and
(ii) Containing the substance of any objection to, or approval of, the proposed project made known to the sponsor by any local individual, group or community; and
(2) A written statement showing that adequate replacement housing that is open to all persons, regardless of race, color, religion, sex, or national origin, is available and has been offered on the same nondiscriminatory basis to persons who have resided on land physically acquired or to be acquired for the project development and who will be displaced thereby.
(a) Except as provided in paragraph (b) of this section, each sponsor shall incorporate by reference in its project application the final plans and specifications, describing the items of airport development for which it requests United States aid. It must submit the plans and specifications with the application unless they were previously submitted or are submitted with that of another sponsor of the project.
(b) In special cases, the Administrator authorizes the postponement of the submission of final plans and specifications until a later date to be specified in the grant agreement, if the sponsor has submitted—
(1) An airport layout plan approved by the Administrator; and
(2) Preliminary plans and specifications in enough detail to identify all items of development included in the project, and prepared so as to provide for accomplishing the project in accordance with the master plan layout, the rules in subparts B and C and applicable local laws and regulations.
(c) If the project involves acquiring a property interest in land by donation, or at a cost that (as represented by the sponsor) is not the actual cost or the amount of an award in eminent domain proceedings, the Administrator, before passing on the eligibility of the project makes or obtains an appraisal of the interest. If the appraised value is less than the value placed on the interest by the sponsor (§ 151.23), the Administrator notifies the sponsor that he may within a stated time, ask in writing for reconsideration of the appraisal and submit statements of pertinent facts and opinion.
(a) Upon approving a project, the Administrator makes an offer to the sponsor to pay the United States share of the allowable project costs. The offer states a definite amount as the maximum obligation of the United States, and is subject to change or withdrawal by the Administrator, in his discretion, at any time before it is accepted.
(b) If, before the sponsor accepts the offer, it is determined that the maximum obligation of the United States stated in the offer is not enough to pay the United States share of the allowable project costs, the sponsor may request an increase in the amount in the offer, through the Area Manager.
(c) An official of the sponsor must accept the offer for the sponsor within the time prescribed in the offer, and in the required number of counterparts, by signing it in the space provided. The signing official must have been authorized to sign the acceptance by a resolution or ordinance adopted by the sponsor's governing body. The resolution or ordinance must, as appropriate under the local law—
(1) Set forth the terms of the offer at length; or
(2) Have a copy of the offer attached to the resolution or ordinance and incorporated into it by reference.
(a) An offer by the Administrator, and acceptance by the sponsor, as set forth in § 151.29, constitute a grant agreement between the sponsor and the United States. Except as provided in § 151.41(c)(3), the United States does not pay, and is not obligated to pay, any part of the project costs that have been or may be incurred, before the grant agreement is executed.
(b) The Administrator and the sponsor may agree to a change in a grant agreement if—
(1) The change does not increase the maximum obligation of the United States under the grant agreement by more than 10 percent;
(2) The change provides only for airport development that meets the requirements of subparts B and C; and
(3) The change does not prejudice the interests of the United States.
(c) When a change is agreed to, the Administrator issues a supplemental agreement incorporating the change. The sponsor must accept the supplemental agreement in the manner provided in § 151.29(c).
(a) Any two or more public agencies that desire to participate either in accomplishing development under a proj-ect or in maintaining or operating the airport, may cosponsor it if they meet the requirements of subparts B and C, including—
(1) The eligibility requirements of § 151.37; and
(2) The submission of a single proj-ect application, executed by each sponsor, clearly stating the certifications, representations, warranties, and obligations made or assumed by each, or a separate application by each that does not meet all the requirements of subparts B and C if in the Administrator's opinion, the applications collectively meet the requirements of subparts B and C as applied to a project with a single sponsor.
(b) A public agency that desires to participate in a project only by contributing funds to a sponsor need not become a sponsor or an agent of the sponsor, as provided in this section. However, any funds that it contributes are considered as funds of the sponsor for the purposes of the Federal Airport Act and this part.
(c) If the sponsors of a joint project are not each willing to assume, jointly and severally, the obligations that subparts B and C requires a sponsor to assume, they must send a true copy of an agreement between them, satisfactory to the Administrator, to be incorporated into the grant agreement. Each agreement must state—
(1) The responsibilities of each sponsor to the others with respect to accomplishing the proposed development and operating and maintaining the airport;
(2) The obligations that each will assume to the United States; and
(3) The name of the sponsor or sponsors who will accept, receipt for, and disburse grant payments.
(d) A public agency may, if it is authorized by local law, act as agent of the public agency that is to own and operate the airport, with or without participating financially and without becoming a sponsor. The terms and conditions of the agency and the agent's authority to act for the sponsor must be set forth in an agency agreement that is satisfactory to the Administrator. The sponsor must submit a true copy of the agreement with the project application. Such an agent may accept, on behalf of the sponsor, an offer made under § 151.29, only if that acceptance has been specifically and legally authorized by the sponsor's governing body and the authority is specifically set forth in the agency agreement.
(e) When the cosponsors of an airport are not located in the same area, they must submit a joint request to the Area Manager of the area in which the airport development will be located.
(a) Subparts B and C applies to the following kinds of airport development:
(1) Any work involved in constructing, improving, or repairing a public airport or part thereof, including the constructing, altering, or repairing of only those buildings or parts thereof that are intended to house facilities or activities directly related to the safety of persons at the airport.
(2) Removing, lowering, relocating, marking, and lighting of airport hazards as defined in § 151.39(b).
(3) Acquiring land or an interest therein, or any easement through or other interest in air space, that is necessary to allow any work covered by paragraph (a)(1) or (2) of this section, or to remove or mitigate, or prevent or limit the establishment of, airport hazards as defined in § 151.39(b).
(b) The airport facilities to which subparts B and C applies are those structures, runways, or other items, on or at an airport, that are—
(1) Used or intended to be used, in connection with the landing, takeoff, or maneuvering of aircraft, or for or in connection with operating and maintaining the airport itself; or
(2) Required to be located at the airport for use by the users of its aeronautical facilities or by airport operators, concessionaires, and other users of the airport in connection with providing services or commodities to the users of those aeronautical facilities.
(c) For the purposes of subparts B and C, “public airport” means an airport used for public purposes, under the control of a public agency named in § 151.37(a), with a publicly owned landing area.
To be eligible to apply for an individual or joint project for development with respect to a particular airport a sponsor must—
(a) Be a public agency, which includes for the purposes of this part only, a State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam or an agency of any of them; a municipality or other political subdivision; a tax-supported organization; or the United States or an agency thereof;
(b) Be legally, financially, and otherwise able to—
(1) Make the certifications, representations, and warranties in the application form prescribed in § 151.67(a);
(2) Make, keep, and perform the assurances, agreements, and covenants in that form; and
(3) Meet the other applicable requirements of the Federal Airport Act and subparts B and C;
(c) Have, or be able to obtain, enough funds to meet the requirements of § 151.23; and
(d) Have, or be able to obtain, property interests that meet the requirements of § 151.25(a).
(1) Is located in Puerto Rico, the Virgin Islands, or Guam;
(2) Is in or is in close proximity to a national park, a national recreation area, or a national monument; or
(3) Is in a national forest or a special reservation for United States purposes.
(a) A project for construction or land acquisition may not be approved under subparts B and C unless—
(1) It is an item of airport development described in § 151.35(a);
(2) The airport development is within the scope of the current National Airport Plan;
(3) The airport development is, in the opinion of the Administrator, reasonably necessary to provide a needed civil airport facility;
(4) The Administrator is satisfied that the project is reasonably consistent with existing plans of public agencies for the development of the area in which the airport is located and will contribute to the accomplishment of the purposes of the Federal-aid Airport Program;
(5) The Administrator is satisfied, after considering the pertinent information including the sponsor's statements required by § 151.26(b), that—
(i) Fair consideration has been given to the interest of all communities in or near which the project is located; and
(ii) Adequate replacement housing that is open to all persons, regardless of race, color, religion, sex, or national origin, is available and has been offered on the same nondiscriminatory basis to persons who have resided on land physically acquired or to be acquired for the project development and have been or will be displaced thereby;
(6) The project provides for installing such of the landing aids specified in section 10(d) of the Federal Airport Act (49 U.S.C. 1109(d)) as the Administrator considers are needed for the safe and efficient use of the airport by aircraft, based on the category of the airport and the type and volume of its traffic.
(b) Only the following kinds of airport development described in § 151.35(a) are eligible to be included in a project under subparts B and C:
(1) Preparing all or part of an airport site, including clearing, grubbing filling and grading.
(2) Dredging of seaplane anchorages and channels.
(3) Drainage work, on or off the airport or airport site.
(4) Constructing, altering, or repairing airport buildings or parts thereof to the extent that it is covered by § 151.35(a).
(5) Constructing, altering, or repairing runways, taxiways, and aprons, including—
(i) Bituminous resurfacing of pavements with a minimum of 100 pounds of plant-mixed material for each square yard;
(ii) Applying bituminous surface treatment on a pavement (in accordance with FAA Specification P-609), the existing surface of which consists of that kind of surface treatment; and
(iii) Resealing a runway that has been substantially extended or partially reconstructed, if that resealing is necessary for the uniform color and appearance of the runway.
(6) Fencing, erosion control, seeding and sodding of an airport or airport site.
(7) Installing, altering, or repairing airport markers and runway, taxiway and apron lighting facilities and equipment.
(8) Constructing, altering, or repairing entrance roads and airport service roads.
(9) Constructing, installing, or connecting utilities, either on or off the airport or airport site.
(10) Removing, lowering, relocating marking, or lighting any airport hazard.
(11) Clearing, grading, and filling to allow the installing of landing aids.
(12) Relocating structures, roads, and utilities necessary to allow eligible airport development.
(13) Acquiring land or an interest therein, or any easement through or other interest in airspace, when necessary to—
(i) Allow other airport development to be made, whether or not a part of the Federal-aid Airport Program;
(ii) Prevent or limit the establishment of airport hazards;
(iii) Allow the removal, lowering, relocation, marking, and lighting of existing airport hazards;
(iv) Allow the installing of landing aids; or
(v) Allow the proper use, operation, maintenance, and management of the airport as a public facility.
(14) Any other airport development described in § 151.35(a) that is specifically approved by the Administrator.
(c) A project for acquiring land that has been or will be donated to the sponsor is not eligible for inclusion in the Federal-aid Airport Program, unless the project also includes other items of airport development that would require a sponsor's contribution equal to or more than the United States share of the value of the donated land as appraised by the Administrator.
(a) For the purposes of subparts B and C, project costs consist of any costs involved in accomplishing a proj-ect, including those of—
(1) Making field surveys;
(2) Preparing plans and specifications;
(3) Accomplishing or procuring the accomplishing of the work;
(4) Supervising and inspecting construction work;
(5) Acquiring land, or an interest therein, or any casement through or other interest in airspace; and
(6) Administrative and other incidental costs incurred specifically in connection with accomplishing a proj-ect, and that would not have otherwise been incurred.
(b) The costs described in paragraph (a) of this section, including the value of land, labor, materials, and equipment donated or loaned to the sponsor and appropriated to the project by the sponsor, are eligible for consideration as to their allowability, except for—
(1) That part of the cost of rehabilitation or repair for which funds have been appropriated under section 17 of the Federal Airport Act (49 U.S.C. 1116);
(2) That part of the cost of acquiring an existing private airport that represents the cost of acquiring passenger automobile parking facilities, buildings to be used as hangars, living quarters, or for nonairport purposes, at the airport, and those buildings or parts of buildings the construction of which is not airport development within the meaning of § 151.35(a);
(3) The cost of materials and supplies owned by the sponsor or furnished from a source of supply owned by the sponsor if—
(i) Those materials and supplies were used for airport development before the grant agreement was executed; or
(ii) The cost is not supported by proper evidence of quantity and value;
(4) The cost of nonexpendable machinery, tools, or equipment owned by the sponsor and used under a project by the sponsors force account, except to the extent of the fair rental value of that machinery, tools, or equipment for the period it is used on the project;
(5) The costs of general area, urban, or statewide planning of airports, as distinguished from planning a specific project;
(6) The value of any land, including improvements, donated to the sponsor by another public agency; and
(7) Any costs incurred in connection with raising funds by the sponsor, including interest and premium charges and administrative expenses involved in conducting bond elections and in the sale of bonds.
(c) To be an allowable project cost, for the purposes of computing the amount of a grant, an item that is paid or incurred must, in the opinion of the Administrator—
(1) Have been necessary to accomplish airport development in conformity with the approved plans and specifications for an approved project and with the terms of the grant agreement for the project;
(2) Be reasonable in amount (or be subject to partial disallowance under section 13(a)(3) of the Federal Airport Act (49 U.S.C. 1112(a)(3));
(3) Have been incurred after the date the grant agreement was executed, except that costs of land acquisition,
(4) Be supported by satisfactory evidence.
(a) The United States share of the allowable costs of a project is stated in the grant agreement for the project, to be paid from appropriations made under the Federal Airport Act.
(b) Except as provided in paragraphs (c) and (d) of this section and in subpart C of this part, the United States share of the costs of an approved proj-ect for airport development (regardless of its size or location) is 50 percent of the allowable costs of the project.
(c) The U.S. share of the costs of an approved project for airport development in a State in which the unappropriated and unreserved public lands and nontaxable Indian lands (individual and tribal) is more than 5 percent of its total land, is the percentage set forth in the following table:
(d) The United States share of the costs of an approved project, representing the costs of any of the following, is 75 percent:
(1) The costs of installing high intensity runway edge lighting on a designated instrument landing runway or other runway with an approved straight-in approach procedure.
(2) The costs of installing in-runway lighting (touchdown zone lighting system, and centerline lighting system).
(3) The costs of installing runway distance markers.
(4) The costs of acquiring land, or a suitable property interest in land or in or over water, needed for installing operating, and maintaining an ALS (as described in § 151.13).
(5) The costs of any project in the Virgin Islands.
(a) All construction work under a project must be performed under contract, except in a case where the Administrator determines that the proj-ect, or a part of it, can be more effectively and economically accomplished on a force account basis by the sponsor or by another public agency acting for or as agent of the sponsor.
(b) Each contract under a project must meet the requirements of local law.
(c) No sponsor may issue any change order under any of its construction contracts or enter into a supplemental agreement unless three copies of that order or agreement have been sent to and approved by the Area Manager. §§ 151.47 and 151.49 apply to supplemental agreements as well as to original contracts.
(d) This section and §§ 151.47 through 151.49 do not apply to contracts with the owners of airport hazards, (as described in § 151.39(b)), buildings, pipe lines, power lines, or other structures or facilities, for installing, extending, changing, removing, or relocating that structure or facility. However, the sponsor must obtain the approval of the Area Manager before entering into such a contract.
(e) No sponsor may allow a contractor or subcontractor to begin work under a project until—
(1) The sponsor has furnished three conformed copies of the contract to the Area Manager; and
(2) The Area Manager agrees to the issuance of a notice to proceed with the work to the contractor. However, the Area Manager does not agree to the
(f) Except when the Area Manager determines that the sponsor has previously demonstrated satisfactory engineering and construction supervision and inspection, no sponsor may allow a contractor or subcontractor to begin work, nor may the sponsor begin force account work, until the sponsor has notified the Area Manager in writing that engineering and construction supervision and inspection have been arranged to insure that construction will conform to FAA approved plans and specifications, and that the sponsor has caused a review to be made of the qualifications of personnel who will be performing such supervision and inspection and is satisfied that they are qualified to do so.
(a)
(b)
(c)
(d)
(2) The Secretary of Labor may modify any wage determination before the award of the contract or contracts for which it was sought. If the proposed
(e)
(f)
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(b)
(c)
(1) If the amount determined is more than $100, apply to the Administrator for a recommendation to the Secretary of Labor that an appropriate adjustment be made or that he be relieved of liability for such liquidated damages; or
(2) If the amount determined is $100 or less, apply to the Administrator for an appropriate adjustment in liquidated damages or for release from liability for the liquidated damages.
(d)
(e)
(a) Before undertaking any force account construction work, the sponsor (or any public agency acting as agent for the sponsor) must obtain the written consent of the Administrator through the Area Manager. In requesting that consent, the sponsor must submit—
(1) Adequate plans and specifications showing the nature and extent of the construction work to be performed under that force account;
(2) A schedule of the proposed construction and of the construction equipment that will be available for the project;
(3) Assurance that adequate labor, material, equipment, engineering personnel, as well as supervisory and inspection personnel as required by § 151.45(f), will be provided; and
(4) A detailed estimate of the cost of the work, broken down for each class of costs involved, such as labor, materials, rental of equipment, and other pertinent items of cost.
(b) [Reserved]
A sponsor who is required to include in a construction contract the labor provisions required by § 151.49 shall require the contractor to comply with those provisions and shall cooperate with the FAA in effecting that compliance. For this purpose the sponsor shall—
(a) Keep, and preserve, for a three-year period beginning on the date the
(b) Have each of those affidavits and payrolls examined by its resident engineer (or any other of its employees or agents who are qualified to make the necessary determinations), as soon as possible after receiving it, to the extent necessary to determine whether the contractor is complying with the labor provisions required by § 151.49 and particularly with respect to whether the contractor's employees are correctly classified;
(c) Have investigations made during the performance of work under the contract, to the extent necessary to determine whether the contractor is complying with those labor provisions, particularly with respect to whether the contractor's employees are correctly classified, including in the investigations, interviews with employees and examinations of payroll information at the work site by the sponsor's resident engineer (or any other of its employees or agents who are qualified to make the necessary determinations); and
(d) Keep the Area Manager fully advised of all examinations and investigations made under this section, all determinations made on the basis of those examinations and investigations, and all efforts made to obtain compliance with the labor provisions of the contract.
In conformity with Executive Order 11246 of September 24, 1965 (30 FR 12319, 3 CFR, 1965 Supp., p. 167) the regulations of the former President's Committee on Equal Employment Opportunity, 41 CFR part 60-1 (28 FR 9812, 11305), as adopted “to the extent not inconsistent with Executive Order 11246” by the Secretary of Labor (“Transfer of Functions,” Oct. 19, 1965, 30 FR 13441), are incorporated by reference into subparts B and C of this part as set forth below. They are referred to in this section by section numbers of part 60-1 of title 41.
(a)
(b)
(c)
(d)
Each bidder, prospective contractor or proposed subcontractor shall state as an initial part of the bid or negotiations of the contract whether he has participated in any previous contract or subcontract subject to the equal opportunity clause and, if so, whether he has filed with the Office of Federal Contract Compliance in the United States Department of Labor or the contracting or administering agency all compliance reports due under applicable instructions. In any case in which a bidder or prospective contractor or proposed subcontractor who has participated in a previous contract or subcontract subject to the equal opportunity clause has not filed a compliance report due under applicable instructions, such bidder, prospective contractor or proposed subcontractors shall submit a compliance report prior to the award of the proposed contract or subcontract. When a determination has been made to award a contract to a specific contractor, such contractor shall, prior to award, furnish such other pertinent information regarding his own employment policies and practices as well as those of his proposed subcontractors as the FAA, the sponsor, or
(2) The sponsor or his contractors shall give express notice of the requirements of this paragraph (d) in all invitations for bids or negotiations for contracts.
(e)
(f)
(g)
(h)
(a)
(1) Paragraph (a), “Government contracts”, of § 60-1.4, “Equal opportunity clause”.
(2) Section 60-1.6, “Duties of agencies”.
(b)
(a) Each sponsor shall establish and maintain, for each individual project, an adequate accounting record to allow appropriate personnel of the FAA to determine all funds received (including funds of the sponsor and funds received from the United States or other sources), and to determine the allowability of all incurred costs of the project. The sponsor shall segregate and group project costs so that it can furnish, on due notice, cost information in the following cost classifications:
(1) Purchase price or value of land.
(2) Incidental costs of land acquisition.
(3) Costs of contract construction.
(4) Costs of force account construction.
(5) Engineering costs of plans and designs.
(6) Engineering costs of supervision and inspection.
(7) Other administrative costs.
(b) The sponsor shall obtain and retain in its files for a period of three years after the date of the final grant payment, documentary evidence such as invoices, cost estimates, and payrolls supporting each item of project costs.
(c) The sponsor shall retain, for a period of three years after the date of the final grant payment, evidence of all payments for items of project costs including vouchers, cancelled checks or warrants, and receipts for cash payments.
(d) The sponsor shall allow the Administrator and the Comptroller General of the United States, or an authorized representative of either of them, access to any of its books, documents, papers, and records that are pertinent to grants received under the Federal-aid Airport Program for the purposes of accounting and audit. Appropriate FAA personnel may make progress audits at any time during the project, upon notice to the sponsor. If work is suspended on the project for an appreciable period of time, an audit will be made before any semi-final payment is made. In each case an audit is made before the final payment.
(a) An application for a grant payment is made on FAA Form 5100-6, accompanied by—
(1) A summary of project costs on Form FAA-1630;
(2) A periodic cost estimate on Form FAA-1629 for each contract representing costs for which payment is requested; and
(3) Any supporting information, including appraisals of property interests, that the FAA needs to determine the allowability of any costs for which payment is requested.
(b) Contractor's certifications. Each application that involves work performed by a contractor must contain, in the contractor's certification in the periodic cost estimate, a statement that “there has been full compliance with all labor provisions included in the contract identified above and in all subcontracts made under that contract”, and, in the case of a substantial dispute as to the nature of the contractor's or a subcontractor's obligation under the labor provisions of the contract or a subcontract, and additional phrase “except insofar as a substantial dispute exists with respect to these provisions”.
(c) If a contractor or subcontractor fails or refuses to comply with the labor provisions of the contract with the sponsor, further grant payments to the sponsor are suspended until the violations stop, until the Administrator determines the allowability of the project costs to which the violations related, or, to the extent that the violations consist of underpayments to labor, until the sponsor furnishes satisfactory assurances to the FAA that restitution has been or will be made to the affected employees.
(d) If, upon final determination of the allowability of all project costs of a project, it is found that the total of grant payments to the sponsor was more than the total United States share of the allowable costs of the proj-ect, the sponsor shall promptly return the excess to the FAA.
If an approved project includes land acquisition as an item of airport development, the sponsor may, at any time after executing the grant agreement and after title evidence has been approved by the Administrator for the property interest for which payment is requested, apply to the FAA, through the Area Manager, for payment of the United States share of the allowable project costs of the acquisition, including any acquisition that is completed before executing the grant agreement and is part of the airport development included in the project.
(a) Subject to the final determination of allowable project costs as provided in § 151.63 partial grant payments for project costs may be made to a sponsor upon application. Unless previously agreed otherwise, a sponsor may apply for partial payments on a monthly basis. The payments may be paid, upon application, on the basis of the costs of airport development that is accomplished or on the basis of the estimated cost of airport development expected to be accomplished.
(b) Except as otherwise provided, partial grant payments are made in amounts large enough to bring the aggregate amount of all partial payments to the estimated United States share of
(a) Whenever airport development on a project is delayed or suspended for an appreciable period of time for reasons beyond the sponsor's control and the allowability of the project costs of all airport development completed has been determined on the basis of an audit and review of all costs, a semifinal grant payment may be made in an amount large enough to bring the aggregate amount of all partial grant payments for the project to the United States share of all allowable project costs incurred, even if the amount is more than the 90 percent limitation prescribed in § 151.61(b). However, it may not be more than the maximum obligation of the United States as stated in the grant agreement.
(b) Whenever the project is completed in accordance with the grant agreement, the sponsor may apply for final payment. The final payment is made to the sponsor if—
(1) A final inspection of all work at the airport site has been made jointly by the Area Manager and representatives of the sponsor and the contractor, unless the Area Manager agrees to a different procedure for final inspection.
(2) A final audit of the project account has been completed by appropriate personnel of the FAA; and
(3) The sponsor has furnished final “as constructed” plans, unless otherwise agreed to by the Administrator.
(c) Based upon the final inspection, the final audit, the plans, and the documents and supporting information required by § 151.57(a), the Administrator determines the total amount of the allowable project costs and pays the sponsor the United States' share, less the total amount of all prior payments.
(a) At any time before the FAA issues a grant offer for a project, any public agency or person having a substantial interest in the disposition of the project application may file a memorandum supporting or opposing it with the Area Manager of the area in which the project is located. In addition, that public agency or person may request a public hearing on the location of the airport to be developed. If, in the Administrator's opinion, that public agency or person has a substantial interest in the matter, a public hearing is held.
(b) The Administrator sets the time and place of each hearing under this section, to avoid undue delay in disposing of the application, to afford reasonable time for all parties concerned to prepare for it, and to hold it at a place convenient to the sponsor. Notice of the time and place is mailed to the public agency or person filing the memorandum, the sponsor, and any other necessary persons.
(c) The purpose of the hearing is to help the Administrator discover facts relating to the location of the airport that is proposed to be developed under an application pending before him. There are no adverse parties or interests and no defendant or respondent. They are not hearings for the purposes of 5 U.S.C. 554, 556, and 557, and do not
(d) Each hearing under this section is conducted by a hearing officer designated by the Administrator. The hearing officer decides the length of the hearing, the kind of testimony to be heard, and all other matters respecting the conduct of the hearing. The hearing is recorded in a manner determined by the hearing officer and the record becomes a part of the record of the project application. The Administrator's decision is not made solely on the basis of the hearing, but on all relevant facts.
(a) The various forms used for the purposes of subparts B and C are as follows:
(1) Requests for Federal-aid, FAA Form 5100-3: Contains a statement requesting Federal-aid in carrying out a project under the Federal Airport Act, with appropriate spaces for inserting information needed for considering the request, including the location of the airport, the amount of funds available to the sponsor, a description of the proposed work, and its estimated cost.
(2) Project application, Form FAA-1624: A formal application for Federal-aid to carry out a project under this part. It contains four parts:
(i) Part I—For pertinent information regarding the airport and proposed work included in the project.
(ii) Part II—For incorporating the representations of the sponsor relating to its legal authority to undertake the project, the availability of funds for its share of the project costs, approvals of other non-United States agencies, the existence of any default on the compliance requirements of § 151.77(a), possible disabilities, and the ownership of lands and interests in lands to be used in carrying out the project and operating the airport.
(iii) Part III—For incorporating the sponsor's assurances regarding the operation and maintenance of the airport, further development of the airport, and the acquisition of any additional interests in lands that may be needed to carry out the project or for operating the airport.
(iv) Part IV—For a statement of the sponsor's acceptance, to be executed by the sponsor and certificated by its attorney.
(3) [Reserved]
(4) Grant agreement, Form FAA-1632:
(i) Part I—Offer by the United States to pay a specified percentage of the allowable costs of the project, as described therein, on specified terms relating to the undertaking and carrying out of the project, determination of allowability of costs, payment of the United States share, and operation and maintenance of the airport in accordance with assurances in the proj- ect application.
(ii) Part II—Acceptance of the offer by the sponsor, execution of the acceptance by the sponsor, and certification by its attorney.
(5) Periodic cost estimate, Form FAA-1629: a certification to be executed by the contractor, with space for information regarding the progress of construction work as of a specific date, and the value of the completed work.
(6) Application for grant payment, FAA Form 5100-6: Application for payment under a grant agreement for work completed as of a specific date or to be completed by a specific date, with space for an appropriate breakdown of project costs among the categories shown therein, and certification provisions to be executed by the sponsor and the Area Manager.
(7) Summary of project costs, Form FAA-1630: For inserting the latest revised estimate of total project costs, the total costs incurred as of a specific date, an estimate of the aggregate of those total costs incurred to date and those to be incurred before a specific date in the future.
(b) Copies of the forms named in this section, and assistance in completing and executing them, are available from the Area Manager.
49 U.S.C. 106(g), 40113, 47151, 47153.
(a) This subpart prescribes programming and design and construction standards for projects under the Federal-Aid Airport Program to assure the most efficient use of Program funds and to assure that the most important elements of a national system of airports are provided.
(b) Except for the standards made mandatory by § 151.72(a), the standards prescribed in this subpart that apply to any particular project are those in effect on the date the sponsor accepts the Administrator's offer under § 151.29(c). The standards of § 151.72(a) applicable to a project are those in effect on the date written on the notification of tentative allocation of funds (§ 151.21(b)). Standards that become effective after that date may be applied to the project by agreement between the sponsor and the Administrator.
(a)
(b)
(c)
(a) The acquisition of land or any interest therein, or of any easement or other interest in airspace, is eligible for inclusion in a project if it was made after May 13, 1946, and is necessary—
(1) To allow the initial development of the airport;
(2) For improvement indicated in the current National Airport Plan;
(3) For ultimate development of the airport, as indicated in the current approved airport layout plan to the extent consistent with the National Airport Plan;
(4) For approach protection meeting the standards of § 77.23 as applied to §§ 77.25 and 77.27 of this chapter;
(5) To allow installing an ALS (as described in § 151.13), in which case the costs of acquiring land needed for it are eligible for 75 percent United States participation if the need is shown in the National Airport Plan, based on the best information available to the FAA for the forecast period;
(6) To allow proper use, operation, or maintenance of the airport as a public facility, including offsite lands needed for locating necessary parts of the utility systems serving the airport;
(7) To allow installing navigational aids by the FAA, if the land is within the airport boundaries; or
(8) To allow relocation of navigational aids.
(b) Appendix A of this part sets forth typical eligible and ineligible items of
(a) Grading, drainage, and associated items of site preparation are eligible for inclusion in a project, but only with respect to one landing strip at any airport, unless the airport qualifies for more than one runway, based on traffic volume or wind conditions (as outlined in § 151.77) and the overall site preparation required for development in accordance with the airport layout plan. The complete clearance of runway clear zone areas is desirable, but, as a minimum, all obstructions as determined by § 77.23 as applied to § 77.27 (b) and (c) of this chapter must be removed. Grading in runway clear zones is eligible only to remove terrain that is an obstruction. The clear zone is not a graded overrun area. Specific site preparation for an airport terminal building is eligible on the same basis as the building itself. The site preparation cost is prorated based on eligible and ineligible building space. Appendix B of this part sets forth typical eligible and ineligible items of site preparation as covered by this section.
(b) For the purposes of this section, eligible drainage work off the airport site includes drainage outfalls, drainage disposal, and interception ditches. If there is damage to adjacent property, its correction is an eligible item for inclusion in the project.
(a) On any airport, paving of the designated instrument landing runway (or dominant runway if there is no designated instrument runway) is eligible for inclusion in a project, within the limits of the current National Airport Plan. Program participation in constructing, reconstructing or resurfacing is limited to a single runway at each airport, unless more than one runway is eligible under a standard in § 151.79 or § 151.80.
(b) The kinds of runway paving that are eligible for inclusion in a project include pavement construction and reconstruction, and include runway grooving to improve skid resistance, and resurfacing to increase the load bearing capacity of the runway or to provide a leveling course to correct major irregularities in the pavement. Runway resealing or refilling joints as an ordinary maintenance matter are not eligible items, except for bituminous resurfacing consisting of at least 100 pounds of plant-mixed material for each square yard, and except for the application of a bituminous surface treatment (two applications of material and cover aggregate as prescribed in FAA Specification P-609) on a pavement the current surface of which consists of that kind of a bituminous surface treatment.
(c) On new pavement construction, the applying of a bituminous seal coat on plant hot-mix bituminous surfaces only, is an eligible item only if initial engineering analysis and design indicate the need for a seal coat. However, any delay in applying it that is caused other than by construction difficulties, makes the application a maintenance item that is not eligible.
(d) In any case in which the need for a seal coat is necessary for a new runway extension or partial reconstruction of a runway, the entire runway may be sealed.
(e) Appendix C to this part sets forth typical eligible and ineligible items of runway paving.
(a)
(1) The airport meets the applicable standards of paragraph (b), (c), or (d) of this section;
(2) The operational experience, and the economic factors of air traffic at the location, justify an additional runway for the airport; and
(3) The second runway is oriented with the existing paved runway to achieve the maximum wind coverage, with due consideration to the airport noise factor, topography, soil conditions, and other pertinent factors affecting the economy and efficiency of the runway development.
(b)
(c)
(1) The airport has 10,000, or more, aircraft operations each year; and
(2) The existing paved runway is subject to a crosswind component of more than 12 miles per hour (10.5 knots) more than 5 percent of the time.
(d)
(1) The airport has 5,000, or more, aircraft operations each year; and
(2) The existing paved runway is subject to a crosswind component of more than 12 miles per hour (10.5 knots) more than 5 percent of the time.
Paving an additional runway on an airport that does not qualify for a second runway under § 151.79 is eligible if the Administrator, upon consideration on a case-to-case basis, is satisfied that—
(a) The volume of traffic justifies an additional paved runway and the layout and orientation of the additional runway will expedite traffic; or
(b) A combination of traffic volume and aircraft noise problems justifies an additional paved runway for that airport.
(a) The construction, alteration, and repair of taxiways needed to expedite the flow of ground traffic between runways and aircraft parking areas available for general public use are eligible items under the program. Taxiways to serve an area or facility that is primarily for the exclusive or near exclusive use of a tenant or operator that does not furnish aircraft servicing to the public are not eligible. In addition, the policies on resealing or refilling joints, as set forth in § 151.77, apply also to taxiway paving.
(b) Appendix D of this part sets forth typical eligible and ineligible items of taxiway paving.
(a) The construction, alteration, and repair of aprons are eligible program items upon being shown that they are needed as public use facilities. An apron to serve an area that is primarily for the exclusive or near exclusive use of a tenant or operator who does not furnish aircraft servicing to the public is not eligible. In addition, the policies on resealing or refilling joints, as set forth in § 151.77 apply also to apron paving.
(b) In determining public use for the purposes of this section, the current use being made of a hangar governs, unless there is definite information regarding its future use. In the case of an apron area being built for future hangars, it should be shown that early hangar development is assured and that the hangars will be public facilities.
(c) Appendix E of this part sets forth typical eligible and ineligible items of apron paving.
The following special treatment for areas adjacent to pavement is eligible for inclusion in a project in cases where, due to the operation of turbojet powered aircraft, it may be necessary to treat those areas adjacent to runway ends, holding aprons, and taxiways to prevent erosion from the blast effects of the turbojet:
(a) Runway ends—a stabilized area the width of the runway and extending
(b) Holding aprons—a stabilized area up to 50 feet from the edge of the pavement.
(c) Taxiway intersections—a stabilized area 25 feet on each side of the taxiway and extending 300 feet from the intersection.
(d) Taxiway (continuous movement of aircraft)—dense turf 25 feet on each side of the taxiway, or in a geographic area where dense turf cannot be established, stabilization.
(a) The installing of lighting facilities and related electrical work, as provided in § 151.87, is eligible for inclusion in a project only if the Administrator determines, for the particular airport involved, that they are needed to ensure—
(1) Its safe and efficient use by aircraft under § 151.13; or
(2) Its continued operation and adequate maintenance, and it has a large enough volume (actual or potential) of night operations.
(b) Before the Administrator makes a grant offer to the sponsor of a proj-ect that includes installing lighting facilities and related electrical work under paragraph (a) of this section, the sponsor must—
(1) Provide in the project for removing, relocating, or adequately marking and lighting, each obstruction in the approach and turning zones, as provided in § 151.91(a);
(2) Acknowledge its awareness of the cost of operating and maintaining airport lighting; and
(3) Agree to operate the airport lighting installed—
(i) Throughout each night of the year; or
(ii) According to a satisfactory plan of operation, submitted under paragraph (c) of this section.
(c) The sponsor of a project that includes installing airport lighting and related electrical work, under paragraph (a) of this section, may—
(1) Submit to the Administrator a proposed plan of operation of the airport lighting installed for periods less than throughout each night of the year;
(2) Specify, in the proposed plan, the times when the airport lighting installed will be operated; and
(3) Satisfy the Administrator that the proposed plan provides for safety in air commerce, and justifies the investment of Program funds.
(d) Paragraph (b)(3) of this section also applies to each sponsor of a proj-ect that includes installing airport lighting and related electrical work if that sponsor has not entered into a grant agreement for the project before September 5, 1968.
(e) If it agrees to comply with paragraph (b)(3) of this section, the sponsor of a project that includes installing airport lighting facilities and related electrical work that has entered into a grant agreement for that project before September 5, 1968, may—
(1) Surrender its air navigation certificate authorizing operation of a “true light” issued before that date; or
(2) Terminate its application for authority to operate a “true light” made before that date.
(a)-(b) [Reserved]
(c) The number of runways that are eligible for lighting is the same as the number eligible for paving under § 151.77, § 151.79, or § 151.80.
(d) The installing of high intensity runway edge lighting is eligible on a designated instrument landing runway and any other runway with approved straight-in approach procedures. A runway that is eligible for lighting, but does not meet the requirements for 75 percent U.S. participation under § 151.43(d), is eligible for 50 percent U.S. participation in the costs of high intensity runway edge lighting (or the allowable percentage in § 151.43(c) for public land States), if the airport is served by a navigational aid that will allow using instrument approach procedures. If a runway is not eligible for 75 or 50 percent Federal participation in high intensity runway edge lighting but is otherwise eligible for runway
(e) In-runway lighting (touchdown zone lighting system, and centerline lighting system) is eligible on the designated instrument landing runway.
(f) Taxiways to eligible runways on airports served by transport aircraft are eligible for lighting. On airports serving only general aviation, the lighting of connecting taxiways is eligible if the runway served is lighted or is programed to be lighted. The lighting of a parallel taxiway is eligible if the taxiway is eligible for paving. Lighting of other taxiways is eligible or not, depending on the complexity of the taxiway system.
(g) Floodlighting of aprons is eligible if there is a proven need for it, including a showing of night operations where the runway is lighted.
(h) Any airport that is eligible to participate in the costs of runway lighting is eligible for the installing of an airport beacon, lighted wind indicator, obstruction lights, lighting control equipment, and other components of basic airport lighting, including separate transformer vaults and connection to the nearest available power source.
(i) The interconnection of two or more power sources on an airport property, the providing of second sources of power, and the installing of standby engine generators of reasonable capacity, are eligible under the program.
(j) Economy approach lighting aids are eligible for inclusion in a project at an airport that will not qualify within the next three years for approach lighting aids installed by FAA under the Facilities and Equipment Program if the economy approach lighting aids—
(1) Will correct a visual deficiency on one of the lighted runways of the airport; or
(2) Will permit operations at an airport at lower minimums.
(k) Appendix F of this part sets forth typical eligible and ineligible items of airport lighting covered by § 151.86 and this section.
(a) Federal-aid Airport Program funds may not be used to resolve highway problems. Only those airport entrance roads that are definitely needed and are intended only as a way in and out of the airport are eligible.
(b) The construction, alteration, and repair of airport roads and streets that are entirely within the airport boundaries are eligible under the program, if needed for operating and maintaining the airport. In the case of an entrance road, a strip right-of-way joining the main body of the airport to the nearest public road may be considered a part of the normal boundary of the airport if—
(1) Adequate title is obtained;
(2) It was acquired to provide an airport entrance road and was not, before the existence of the airport, a public thoroughfare;
(3) The entrance road is intended only as a way in and out of the airport; and
(4) The entrance road extends only to the nearest public highway, road, or street.
(c) An entrance road may be joined to an existing highway or street with a normal fillet connection. However, acceleration-deceleration strips or grade separations are not eligible.
(d) Offsite road or street relocation needed to allow airport development or to remove an obstruction, and is not for entrance road purposes, is eligible.
(e) Appendix G sets forth typical eligible and ineligible items of road construction covered by this section.
(a) The removal or relocation, or both, of obstructions, as defined in
(b) The removal and relocation of an airport hangar that is an airport hazard (as described in § 151.39(b)) is eligible, if the reerected hangar will be substantially identical to the disassembled one.
(c) Whenever a hangar must be relocated (either for clearance of the site for other airport development or to remove a hazard) and the existing structure is to be relocated with or without disassembly, the cost of the relocation is an eligible item of project costs, including costs incidental to the relocation such as necessary footings and floors. However, if the existing structure is to be demolished and a new hangar is to be built, only the cost of demolishing the existing hangar is an eligible item.
(a) Only buildings or parts of buildings intended to house facilities or activities directly related to the safety of persons at the airport, including fire and rescue equipment buildings, are eligible items under the Federal-aid Airport Program. To the extent they are necessary to house snow removal and abrasive spreading equipment, and to provide minimum protection for abrasive materials, field maintenance equipment buildings are eligible items in any airport development project for an airport in a location having a mean daily minimum temperature of zero degrees Fahrenheit, or less, for at least 20 days each year for the 5 years preceding the year when Federal aid is requested under § 151.21(a), based on the statistics of the U.S. Department of Commerce Weather Bureau if available, or other evidence satisfactory to the Administrator.
(b) Airport utility construction, installation, and connection are eligible under the Federal-aid Airport Program as follows:
(1) An airport utility serving only eligible areas and facilities is eligible; and
(2) An airport utility serving both eligible and ineligible airport areas and facilities is eligible only to the extent of the additional cost of providing the capacity needed for eligible areas and facilities over and above the capacity necessary for the ineligible areas and facilities.
(c) No part of the constructing, altering, or repairing (including grading, drainage, and other site preparation work) of a facility or area that is to be used as a public parking facility for passenger automobiles is eligible for inclusion in a project.
(d) Landscaping is not eligible for inclusion in a project. However, the establishment of turf on graded areas and special treatment to prevent slope erosion is eligible to the extent of the eligibility of the facilities or areas served, preserved, or protected by the turf or treatment. In the case of turfing or treatment for an area or facility that is partly eligible and partly ineligible, the eligibility of the turfing or treatment is established on a pro rata basis.
(e) The construction of sidewalks is not eligible for inclusion in a project.
(a) Boundary or perimeter fences for security purposes are eligible for inclusion in a project.
(b) A blast fence is eligible for inclusion in a project whenever—
(1) It is necessary for safety at a runway end or a holding area near the end of a runway and its installation would be more economical than the acquiring of additional property interests; or
(2) Its installation for safety at a turbojet-passenger gate will result in less separation being needed for gate positions, thereby reducing the need for apron expansion, and it is more economical to build the fence than to expand the apron.
(c) The eligibility of runway distance markers for inclusion in a project is decided on a case-by-case basis.
(d) The relocation of navigational aids is eligible for inclusion in a proj- ect whenever necessitated by development on the airport under a Program project and the sponsor is responsible under FAA Order OA 6030.1 (Agency Order 53).
(e) The installation of any of the following landing aids is eligible for inclusion in a project:
(1) Segmented circle.
(2) Wind and landing direction indicators.
(3) Boundary markers.
(f) The initial marking of runway and taxiway systems is eligible for inclusion in a project. The remarking of existing runways or taxiways is eligible if—
(1) Present marking is obsolete under current FAA standards; or
(2) Present marking is obliterated by construction, alteration or repair work included in a FAAP project or by the required routing of construction equipment used therein.
(g) The following offsite work performed outside of the boundaries of an airport or airport site is eligible for inclusion in a project:
(1) Removal of obstruction as provided in § 151.91.
(2) Outfall drainage ditches, and the correction of any damage resulting from their construction.
(3) Relocating of roads and utilities that are airport hazards as defined in § 151.39(b).
(4) Clearing, grading, and grubbing to allow installing of navigational aids.
(5) Constructing and installing utilities.
(6) Lighting of obstructions.
(a) Maintenance work is not airport development as defined in the Federal Airport Act and is not eligible for inclusion in the Program. Therefore, it is necessary in many cases that a determination be made whether particular proposed development is maintenance or repair. For the purpose of these determinations, maintenance includes any regular or recurring work necessary to preserve existing airport facilities in good condition, any work involved in cleaning or caring for existing airport facilities, and any incidental or minor repair work on existing airport facilities, such as—
(1) Mowing and fertilizing of turfed areas;
(2) Trimming and replacing of land- scaping material;
(3) Cleaning of drainage systems including ditches, pipes, catch basins, and replacing and restoring eroded areas, except when caused by act of God or improper design;
(4) Painting of buildings (inside and outside) and replacement of damaged items normally anticipated;
(5) Repairing and replacing burned out or broken fixtures and cables, unless major reconstruction is needed;
(6) Paving repairs in localized areas, except where the size of the work is such that it constitutes a major repair item or is part of a reconstruction proj-ect; and
(7) Refilling joints and resealing surface of pavements.
(b) Repair includes any work not included in paragraph (a) of this section that is necessary to restore existing airport facilities to good condition or preserve them in good condition.
The Director, Airports, Service, or the Regional Director concerned may, on individual projects, when necessary for adaptation to meet local conditions, modify any standard set forth in
49 U.S.C. 106(g), 40113, 47151, 47153.
(a) Each advance planning and engineering proposal must relate to an airport layout plan or plans and specifications for the development of a new airport, or the further development of an existing airport. Each proposal must relate to a specific airport, either existing or planned, and may not be for general area planning.
(b) Each proposal for the development or further development of an airport must have as its objective either the development of an airport layout plan, under § 151.5(a), or the development of plans designed to lead to a project application, under §§ 151.21(c) and 151.27, or both.
(c) Each proposal must relate to planning and engineering for an airport that—
(1) Is in a location shown on the National Airport Plan; and
(2) Is not served by scheduled air carrier service and located in a large or medium hub, as identified in the current edition of “Airport Activity Statistics of Certificated Route Air Carriers” (published jointly by FAA and the Civil Aeronautics Board), that is available for inspection at any FAA Area or Regional Office, or for sale by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.
(d) Each proposal must relate to future airport development projects eligible under subparts B and C.
The sponsor of an advance planning and engineering proposal must be a public agency, as defined in § 151.37(a), and must be legally, financially, and otherwise able to—
(a) Make the certifications, representations, and warranties required in the advance planning proposal, FAA Form 3731;
(b) Enter into and perform the advance planning agreement;
(c) Provide enough funds to pay all estimated proposal costs not borne by the United States; and
(d) Meet any other applicable requirements of the Federal Airport Act and this subpart.
Any two or more public agencies desiring to jointly participate in an advance planning proposal may cosponsor it. The cosponsorship and agency requirements and procedures set forth in § 151.33, except § 151.33(a)(1), also apply to advance planning proposals. In addition, the sponsor eligibility requirements set forth in § 151.113 must be met by each participating public agency.
(a) Each eligible sponsor desiring to obtain Federal aid for the purpose of advance planning and engineering must submit a completed FAA Form 3731, “Advance Planning Proposal”, to the Area Manager.
(b) The airport layout plan, if in existence, must accompany the advance planning proposal. If the advance planning proposal includes preparation of plans and specifications, enough details to identify the items of development to be covered by the plans and
The funding information required by § 151.23, except the last sentence, also is required in connection with an advance planning proposal. The sponsor's share of estimated proposal costs may not consist of or include the value of donated labor, materials, or equipment.
Each sponsor must adopt the following covenant implementing the exclusive rights provisions of section 308(a) of the Federal Aviation Act of 1958, that is incorporated by reference into Part I of the Advance Planning Agreement:
The sponsor—
(a) Will not grant or permit any exclusive right forbidden by section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at the airport, or at any other airport now or hereafter owned or controlled by it;
(b) Agrees that, in furtherance of the policy of the FAA under this covenant, unless authorized by the Administrator, it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the airport, or at any other airport now or hereafter owned or controlled by it, to conduct any aeronautical activities, including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity;
(c) Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil, or both, granted before July 17, 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and
(d) Agrees that it will terminate any other exclusive right to conduct any aeronautical activity now existing at such an airport before the grant of any assistance under the Federal Airport Act.
(a) The procedures and requirements of § 151.29 also apply to approved advance planning proposals. FAA's offer and the sponsor's acceptance constitute an advance planning grant agreement between the sponsor and the United States. The United States does not pay any of the advance planning costs incurred before the advance planning grant agreement is executed.
(b) No grant is made unless the sponsor intends to begin airport development within three years after the date of sponsor's written acceptance of a grant offer. The sponsor's intention must be evidenced by an appropriate written statement in the proposal.
(a) The United States' share of the allowable costs of an advance planning proposal is stated in the advance planning grant agreement, but is not more than 50 percent of the total cost of the necessary and reasonable planning and engineering services.
(b) The allowable advance planning costs consist of planning and engineering expenses necessarily incurred in effecting the advance planning proposal. Allowable cost items include—
(1) Location surveys, such as preliminary topographic and soil exploration;
(2) Site evaluation;
(3) Preliminary engineering, such as stage construction outlines, cost estimates, and cost/benefit evaluation reports;
(4) Contract drawings and specifications;
(5) Testing; and
(6) Incidental costs incurred to accomplish the proposal, that would not have been incurred otherwise.
(c) To qualify as allowable, the advance planning costs paid or incurred by the sponsor must be—
(1) Reasonably necessary and directly related to the planning or engineering included in the proposal as approved by FAA;
(2) Reasonable in amount; and
(3) Verified by sufficient evidence.
The requirements of § 151.55 relating to accounting and audit of project costs are also applicable to advance planning proposal costs. However, the requirement of segregating and grouping costs applies only to § 151.55(a) (5) and (7) classifications.
(a) The United States' share of advance planning costs is paid in two installments unless the advance planning grant agreement provides otherwise. Upon request by sponsor, the first payment may be made in an amount not more than 50 percent of the maximum obligation of the United States stipulated in the advance planning grant agreement upon certification by sponsor that 50 percent or more of the proposed work has been completed. The final payment is made upon the sponsor's request after—
(1) The conditions of the advance planning grant agreement have been met;
(2) Evidence of cost of each item has been submitted; and
(3) Audit of submitted evidence or audit of sponsor's records, if considered desirable by FAA, has been made.
(b) When the advance planning proposal relates to the selection of an airport site, the advance planning grant agreement provides that Federal funds are paid to the sponsor only after the site is selected and the Administrator is satisfied that the site selected for the airport is reasonably consistent with existing plans of public agencies for development of the area in which the site is located, and will contribute to the accomplishment of the purposes of the Federal-aid Airport Program.
The forms used for the purpose of obtaining an advance planning and engineering grant are as follows:
(a)
(2)
(b)
(2)
There is set forth below an itemization of typical eligible and ineligible items of land acquisition as covered by § 151.73:
1. Land for:
(a) Initial acquisition for entire airport developments, including building areas as delineated on the approved airport layout plan.
(b) Expansion of airport facilities.
(c) Clear zones at ends of eligible runways.
(d) Approach lights (land for ALS eligible for 75 percent participation will be limited to an area 3200′ × 400′ for a Standard ALS and to an area 1700′ × 400′ for a short ALS located symmetrically about the runway centerline extended, beginning at the end of the runway).
(e) Approach protection.
(f) Airport utilities.
2. Easements for:
(a) Use of air space by aircraft.
(b) Storm-water run-off.
(c) Powerlines to serve offsite obstruction lights.
(d) Airport utilities.
3. Extinguishment of easements which interfere with airport development.
1. Land required only for:
(a) Industrial and other non-airport purposes.
There is set forth below an itemization of typical eligible and ineligible items of site preparation as covered by § 151.75 of this chapter:
1. General site preparation:
(a) Clearing of site.
(b) Grubbing of site.
(c) Grading of site.
(d) Storm drainage of site.
2. Erosion control.
3. Grading to remove obstructions.
4. Grading for installing navigation aids on airport property.
5. Dredging of seaplane anchorages and channels.
1. Specific site preparation (not a part of an over-all site preparation project) for:
(a) Hangars and other buildings ineligible under the Act.
(b) Public parking facilities for passenger automobiles.
(c) Industrial and other non-airport purposes.
There is set forth below an itemization of typical eligible and ineligible items of runway paving as covered by § 151.77 of this chapter:
1. New runways for specified loadings.
2. Runway widening of extensions for specified loadings.
3. Reconstruction of existing runways for specified loadings.
4. Resurfacing runways for specified strength or for smoothness.
5. Runway grooving to improve skid resist- ance.
1. Maintenance-type work, including:
(a) Seal coats.
(b) Crack filling.
(c) Resealing joints.
(d) Runway patching.
(e) Isolated repair.
There is set forth below an itemization of typical eligible and ineligible items of taxiway paving as covered by § 151.81 of this chapter:
1. Basic types of pavement listed as eligible under § 151.77.
2. Taxiway providing access to ends and intermediate points of eligible runways.
3. Bleed-off taxiways.
4. Bypass taxiways.
5. Run-up pads.
6. Primary taxiway systems providing access to hangar areas and other building areas delineated on approved airport layout plan.
7. Secondary taxiways providing access to groups of individual storage hangars and/or multiple-unit tee hangars.
1. Basic types of pavement listed as ineligible under § 151.77.
2. Taxiways providing access to an area not offering aircraft storage and/or service to the public.
3. Lead-ins to individual storage hangars.
There is set forth below an itemization of typical eligible and ineligible items of apron paving as covered by § 151.83 of this chapter:
1. Basic types of pavement listed as eligible under § 151.77.
2. Loading ramps.
3. Aprons available for public parking, storage, and service or a combination of any of the three.
4. Aprons serving hangars used for public storage of aircraft or service to the public, or both.
5. Aprons for cargo buildings used for public storage or service to the public, or both.
1. Basic types of pavement listed as ineligible under § 151.77.
2. Aprons serving installations for nonpublic use.
3. Paving inside a hangar or on the proposed site of a hangar.
4. Aprons for cargo buildings not under Item 5 of the “Typical Eligible Items”.
5. Apron services (pits or pipes for chemicals) will not be eligible.
There is set forth below an itemization of typical eligible and ineligible items of airport lighting covered by §§ 151.86 and 151.87 of this chapter:
1. Runway edge lights (high intensity, medium intensity, and low intensity).
2. In-runway lighting (touchdown zone lighting system, centerline lighting system, and exit taxiway lighting system).
3. Taxiway lights.
4. Taxiway guidance signs.
5. Obstruction lights.
6. Apron floodlights.
7. Beacons.
8. Wind and landing direction indicators.
9. Electrical ducts and manholes.
10. Transformer or generator vaults.
11. Control panels for field lighting.
12. Control equipment for field lighting.
13. Auxiliary power.
14. Lighting offsite obstructions.
15. Electrical vaults for field lighting.
1. Electronic navigation aids.
2. Approach lights.
3. Horizon lights.
4. Isolated repair and reconstruction of airport lighting.
5. Lighting of public parking area for passenger automobiles.
6. Street or road lighting.
There is set forth below an itemization of typical eligible and ineligible items of road construction covered by § 151.89 of this chapter:
1. Entrance roads.
2. Service roads for access to public areas.
3. Service roads for airport maintenance (including perimeter airport service road within airport boundary and not for general public access).
4. Relocation of roads to permit airport development or expansion or to remove obstructions.
1. Offsite roads.
2. Roads to areas of exclusive use.
There is set forth below the contract provision required by the regulations of the Secretary of Labor in part 5 of title 29 of the Code of Federal Regulations. Section 151.49(a) requires sponsors to insert this provision in full in each construction contract.
(2) Any class of laborers or mechanics which is not listed in the wage determination(s) and which is to be employed under the contract, shall be classified or reclassified comformably to the wage determination(s), and a report of the action taken shall be sent by the [insert sponsor's name] to the FAA for approval and transmittal to the Secretary of Labor. In the event that the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for final determination (29 CFR 5.5(a)(1)(ii)).
(3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof shall be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii)).
(4) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract:
(2) The contractor will submit weekly a copy of all payrolls to the [insert sponsor's name] for transmission to the FAA, as required by § 151.53(a). The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a “Weekly Statement of Compliance” which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR part
(2) In the event of failure or refusal of the contractor or any subcontractor to comply with overtime pay requirements of the Contract Work Hours Standards Act, if the funds withheld by the FAA for the violations are not sufficient to pay fully both the unpaid wages due laborers and mechanics and the liquidated damages due the United States, the available funds shall be used first to compensate the laborers and mechanics for the wages to which they are entitled (or an equitable portion thereof when the funds are not adequate for this purpose); and the balance, if any, shall be used for the payment of liquidated damages (29 CFR 5.14 (d)(2)).
49 U.S.C. 106(g), 47106, 47127.
This part applies to airport planning and development under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701
The following are definitions of terms used throughout this part:
(1) An existing public airport regularly served, or a new public airport
(2) A commuter service airport.
(1) Any area of land or water that is used, or intended for use, for the landing and takeoff of aircraft;
(2) Any appurtenant areas that are used, or intended for use, for airport buildings, other airport facilities, or rights-of-way; and
(3) All airport buildings and facilities located on the areas specified in this definition.
(1) Any work involved in constructing, improving, or repairing a public airport or portion thereof, including the removal, lowering, relocation, and marking and lighting or airport hazards, and including navigation aids used by aircraft landing at, or taking off from, a public airport, and including safety equipment required by rule or regulation for certification of the airport under section 612 of the Federal Aviation Act of 1958, and security equipment required of the sponsor by the FAA by rule or regulation for the safety and security of persons or property on the airport, and including snow removal equipment, and including the purchase of noise suppressing equipment, the construction of physical barriers, and landscaping for the purpose of diminishing the effect of aircraft noise on any area adjacent to a public airport.
(2) Any acquisition of land or of any interest therein, or of any easement through or other interest in airspace, including land for future airport development, which is necessary to permit any such work or to remove or mitigate or prevent or limit the establishment of, airport hazards; and
(3) Any acquisition of land or of any interest therein necessary to insure that such land is used only for purposes which are compatible with the noise levels of the operation of a public airport.
(1) Obstructs the airspace required for the flight of aircraft landing or taking off at the airport; or
(2) Is otherwise hazardous to aircraft landing or taking off at the airport.
(1) That is not served by an air carrier certificated under section 401 of the Federal Aviation Act of 1958;
(2) That is regularly served by one or more air carriers operating under an exemption granted by the Civil Aeronautics Board from section 401(a) of the Federal Aviation Act of 1958; and
(3) At which not less than 2,500 passengers were enplaned during the preceding calendar year by air carriers operating under an exemption from section 401(a).
(1) The sponsor's or planning agency's own labor force; or
(2) The labor force of another public agency acting as an agent of the sponsor or planning agency.
(1) United States domestic, territorial, and international revenue passenger enplanements in scheduled and nonscheduled service of air carriers; and
(2) Revenue passenger enplanements by foreign air carriers in intrastate and interstate commerce.
(1) The costs of field surveys and the preparation of plans and specifications;
(2) The acquisition of land or interests in land, or easement through or other interests in airspace; and
(3) Any necessary administrative or other incidental costs incurred by the sponsor specifically in connection with the accomplishment of a project for airport development, that would not have been incurred otherwise.
(1) A state, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, the Government of the Northern Marianas, Guam, or any agency of those entities;
(2) A municipality or other political subdivision;
(3) A tax-supported organization; or
(4) An Indian tribe or pueblo.
(1) Is used, or intended to be used, for public purposes;
(2) Is under the control of a public agency; and
(3) Has a property interest satisfactory to the Administrator in the landing area.
(1) Title free and clear of any reversionary interest, lien, easement, lease, or other encumbrance that, in the opinion of the Administrator would—
(i) Create an undue risk that it might deprive the sponsor of possession or control;
(ii) Interfere with the use of the airport for public airport purposes; or
(iii) Make it impossible for the sponsor to carry out the agreements and convenants in its grant application;
(2) Unless a shorter term is authorized by the Administrator, a lease of not less than 20 years granted to the sponsor by another public agency, or the United States, that has title as described in paragraph (1) of this definition, on terms that the Administrator considers satisfactory;
(3) In the case of an off-airport area, title or an agreement, easement, leasehold or other right or property interest that, in the Administrator's opinion, provides reasonable assurance that the sponsor will not be deprived of its right to use the land for the intended purpose during the period necessary to meet the requirements of the grant agreement; or
(4) In the case of a runway clear zone, an easement or a covenant running with the land, giving the airport operator or owner enough control to rid the
(a) Except as provided in paragraph (b) of this section, any interested person may petition the Regional Director concerned for a temporary or permanent exemption from any requirement of this part.
(b) The Regional Director concerned does not issue an exemption from any rule of this part if the grant of exemption would be inconsistent with a specific provision of, or the purpose of, the AADA, or any other applicable Federal law.
(c) Each petition filed under this section must—
(1) Unless otherwise authorized by the Regional Director concerned, be submitted not less than 60 days before the proposed effective date of the exemption;
(2) Be submitted in duplicate to the FAA Regional Office or Airports District Office having jurisdiction over the area in which the airport is located;
(3) Contain the text or substance of the rule from which the exemption is sought;
(4) Explain the nature and extent of the relief sought; and
(5) Contain any information, views, or arguments in support of the exemption.
(d) The Regional Director concerned either grants or denies the exemption and notifies the petitioner of the decision. The FAA publishes a summary of the grant or denial of petition for exemption in the
The summary includes—
(1) The docket number of the petition;
(2) The name of the petitioner;
(3) A citation of each rule from which relief is requested;
(4) A brief description of the general nature of the relief requested; and
(5) The disposition of the petition.
(e) Official FAA records, including grants and denials of exemptions, relating to petitions for exemption are maintained in current docket form in the Office of the Regional Counsel for the region concerned.
(f) Any interested person may—
(1) Examine any docketed material at the Office of the Regional Counsel, at any time after the docket is established, except material that is ordered withheld from the public under section 1104 of the Federal Aviation Act of 1958 (49 U.S.C. 1504); and
(2) Obtain a photostatic or similar copy of docketed material upon paying the same fee as that prescribed in 49 CFR part 7.
(a) Subject to such terms and conditions as the Administrator may prescribe, a sponsor or a planning agency may submit, with respect to any provision of this part implementing a statutory or administrative requirement imposed on the sponsor or planning agency under the AADA, a certification that the sponsor or planning agency has complied or will comply with the
(b) The Administrator exercises discretion in determining whether to accept a certification.
(c) Acceptance by the Administrator of a certification from a sponsor or planning agency may be rescinded by the Administrator at any time if, in the Administrator's opinion, it is necessary to do so.
(d) If the Administrator determines that it is necessary, the sponsor or planning agency, on request, shall show compliance with any requirement for which a certification was accepted.
Any form needed to comply with this part may be obtained at any FAA Regional Office or Airports District Office.
(a)
(b)
(c)
(d)
This subpart contains requirements and application procedures applicable to airport development and planning projects.
(a) To be eligible to apply for a project for airport development with respect to a particular airport the following requirements must be met:
(1) Each sponsor must be a public agency authorized by law to submit the project application;
(2) If a sponsor is the holder of an airport operating certificate issued for the airport under part 139 of this chapter, it must be in compliance with the requirements of part 139.
(3) When any of the following agreements is applicable to an airport which the sponsor owns or controls, the sponsor must have complied with the agreement, or show to the satisfaction of the Administrator that it will comply or, for reasons beyond its control, cannot comply with the agreement:
(i) Each grant agreement made with it under the Federal Airport Act (49 U.S.C. 1101
(ii) Each convenant in a conveyance to it under section 16 of the Federal Airport Act or section 23 of the AADA.
(iii) Each convenant in a conveyance to it of surplus airport property under section 13(a) of the Surplus Property Act (50 U.S.C. App 1622(g)) or under Regulation 16 of the War Assets Administration.
(4) The sponsor, in the case of a single sponsor, or one or more of the cosponsors must have, or be able to obtain—
(i) Funds to pay all estimated costs of the project that are not to be born by the United States; and
(ii) Satisfactory property interests in the lands to be developed or used as part of, or in connection with, the airport as it will be after the project is completed.
(b) Another public agency may act as agent of the public agency that is to own and operate the airport, for the purpose of channeling grant funds in accordance with state or local law, without becoming a sponsor.
(a) To be eligible to apply for a project for airport planning—
(1) If the project is for airport master planning—
(i) Each sponsor must be a public agency and meet the requirements of § 152.103(a)(3); and
(ii) The sponsor, in the case of a single sponsor, or one or more cosponsors must be legally able to implement the planning, within the existing or proposed airport boundaries, that results from the project study.
(2) If the project is for airport system planning, each sponsor must be a planning agency.
(b) Another public agency or planning agency may act as agent of another public agency or planning agency, for the purpose of channeling grant funds in accordance with state or local law, without becoming a sponsor.
(a) Except in the case of approved stage development, each project for airport development must provide for—
(1) Development of an airport or unit of an airport that is safe, useful, and usable; or,
(2) An additional facility that increases the safety, usefulness, and usability of an airport.
(b) Unless otherwise authorized by the Administrator, a project for airport development must involve more than $25,000 in United States funds.
(c) The development included in a project for airport development must—
(1) In the opinion of the Administrator, be “airport development” as defined in § 152.3;
(2) Be identified as airport development in the mandatory standards incorporated into this part by § 152.11; and
(3) Be described in an approved airport layout plan.
(d) The airport involved in a project for airport development must be included in the current NASP.
(e) In complying with paragraph (a) of this section, the sponsor must—
(1) Own, acquire, or agree to acquire control over, or a property interest in, runway clear zones that the Administrator considers adequate; and
(2) Provide for approach and runway lighting systems satisfactory to the Administrator.
(a)
(1) The location of the existing or proposed airport is included in the current NASP;
(2) In the opinion of the Administrator, the proposed planning would promote the effective location of public airports and the development of an adequate NASP;
(3) The project is airport master planning as defined in § 152.3;
(4) If the project has been determined to have areawide significance by an appropriate areawide agency, it has been incorporated into a unified planning work program; and
(5) In the case of a proposed project for airport master planning in a large or medium air traffic hub, in the opinion of the Administrator—
(i) There is an appropriate system plan identifying the need for the airport;
(ii) The absence of a system plan is due to the failure of the responsible planning agency to proceed with its preparation; or
(iii) An existing system plan is not acceptable.
(b)
(1) In the opinion of the Administrator, the project promotes the effective location of public airports;
(2) In the opinion of the Administrator, the project promotes the development of an adequate NASP;
(3) The project is airport system planning as defined in § 152.3; and
(4) When the project encompasses a metropolitan area that includes a large or medium hub airport, the project is incorporated in a unified planning work program.
(a) An eligible sponsor that desires to obtain Federal aid for eligible airport development must apply to the FAA in accordance with this section. The sponsor must apply on a form and in a manner prescribed by the Administrator, through the FAA Airports District Office or Airports Field Office having jurisdiction over the area where the sponsor is located or, where there is no such office, the Regional Office having that jurisdiction.
(b)
(1) The Federal fund request is for $100,000 or less; or,
(2) The project does not include construction, land acquisition, or land improvement.
(c) Unless otherwise authorized by the Administrator, the preapplication required by paragraph (b) of this section must be accompanied by the following:
(1) A list of the items of airport development requested for programming, together with an itemized estimated cost of the work involved.
(2) A sketch or sketches of the airport layout indicating the location for each item of work proposed, using the same item numbers used in the list required by paragraph (c)(1) of this section.
(3) If the proposed project involves the displacement of persons or the acquisition of real property, the assurances required by §§ 25.57 and 25.59, as applicable, of the Regulations of the Office of the Secretary of Transportation (49 CFR 25.57 and 25.59), whether or not reimbursement is being requested for the costs of displacement or real property acquisition.
(4) Any comments or statements required by appendix E, Procedures Implementing Office of Management and Budget Circular A-95, to this part, with a showing that they have been considered by the sponsor.
(5) If the proposed development involves the construction of eligible airport buildings or the acquisition of eligible fixed equipment to be contained in those buildings, a statement whether the proposed development will be in an area of the community that has been identified by the Department of Housing and Urban Development as an area of special flood hazard as defined in the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002
(6) If the proposed development is in an area of special flood hazard, a statement whether the community is participating in the National Flood Insurance Program (42 U.S.C. 4011
(7) The sponsor's environmental assessment prepared in conformance with appendix 6 of FAA Order 1050.1C, “Policies and Procedures for Considering Environmental Impacts” (45 FR 2244; Jan. 10, 1980), and FAA Order 5050.4, “Airport Environmental Handbook” (45 FR 56624; Aug. 24, 1980), if an assessment is required by Order 5050.4. Copies of these orders may be examined in the Rules Docket, Office of the Chief Counsel, FAA, Washington, D.C., and may be obtained on request at any FAA regional office headquarters or any airports district office.
(8) A showing that the sponsor has complied with the public hearing requirements in § 152.117.
(9) In the case of a proposed new airport serving any area that does not include a metropolitan area, a showing that each community in which the proposed airport is to be located has approved the proposed airport site
(10) In the case of a proposed project at an air carrier airport, a statement that the sponsor, in making the decision to undertake the project, has consulted with air carriers using the airport.
(11) In the case of a proposed project at a general aviation airport, a statement that the sponsor, in making the decision to undertake the project, has consulted with fixed-base operators using the airport.
(12) In the case of terminal development, a certification that the airport has, or will have, all safety and security equipment required for certification of the airport under part 139 and has provided, or will provide, for access to the passenger enplaning and deplaning area to passengers enplaning or deplaning from aircraft other than air carrier aircraft.
(d)
(e)
(f) Unless otherwise authorized by the Administrator, the application required by paragraph (e) of this section must be accompanied by the following:
(1) When a preapplication has not been previously submitted, the information required by paragraph (c) of this section.
(2) A property map of the airport showing—
(i) The property interests of each sponsor in all the lands to be developed or used as part of, or in connection with, the airport as it will be when the project is completed; and
(ii) All property interests acquired or to be acquired, for which U.S. aid is requested under the project.
(3) With respect to all lands to be developed or used as a part of, or in connection with, the airport (as it will be when the project is completed) in which a satisfactory property interest is not held by a sponsor, a covenant by the sponsor that it will obtain a satisfactory property interest before construction is begun or within a reasonable time if not needed for construction.
(4) If the proposed project involves the displacement of persons, the relocation plan required by § 25.55 of the Regulations of the Office of the Secretary of Transportation.
(5) When the project involves an airport location, a runway location, or a major runway extension, a written certification from the Governor of the state in which the project may be located (or a delegatee), providing reasonable assurance that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards.
(6) A statement whether any building, installation, structure, location, or site of operations to be utilized in the performance of the grant or any contract made pursuant to the grant appears on the list of violating facilities distributed by the Environmental Protection Agency under the provisions of the Clean Air Act and Federal Water Pollution Control Act (40 CFR part 15).
(7) The assurances on Civil Rights required by § 21.7 of the Regulations of the Office of the Secretary of Transportation (49 CFR 21.7) and § 152.405.
(8) Plans and specifications for the proposed development in accordance with the design and construction standards listed in appendix B to this part.
(9) The applicable assurances required by appendix D to this part.
(10) If cosponsors are not willing to assume, jointly and severally, the obligations imposed on them by this part and the grant agreement, a statement satisfactory to the Administrator indicating—
(i) The responsibilities of each sponsor with respect to the accomplishment of the proposed project and the operation and maintenance of the airport;
(ii) The obligations each will assume to the United States; and
(iii) The name of the sponsor or sponsors who will accept, receipt for, and disburse grant payments.
(g)
(a)
(b) Unless otherwise authorized by the Administrator, the application required by paragraph (a) of this section must be accompanied by the following:
(1) Any comments or statements required by appendix E, Procedures Implementing Office of Management and Budget Circular A-95, to this part.
(2) Budget (project costs) information subdivided into the following functions, as appropriate, and the basis for computation of these costs:
(i) Third party contracts.
(ii) Sponsor force account costs.
(iii) Administrative costs.
(3) A program narrative describing the proposed planning project including—
(i) The objective;
(ii) The results and benefits expected;
(iii) A Work Statement including—
(A) A detailed description of each work element;
(B) A list of each organization, consultant, and key individual who will work on the planning project, and the nature of the contribution of each; and
(C) A proposed schedule of work accomplishment; and
(iv) The geographic location of the airport or the boundaries of the planning area.
(4) If the sponsor proposes to accomplish the project with its own forces or those of another public or planning agency—
(i) An assurance that adequate, competent personnel are available to satisfactorily accomplish the proposed planning project, and
(ii) A description of the qualifications of the key personnel.
(5) If cosponsors are not willing to assume, jointly, and severally, the obligations imposed on them by this part and the grant agreement, a statement satisfactory to the Administrator indicating—
(i) The responsibilities of each sponsor with respect to the accomplishment of the proposed project;
(ii) The obligations each will assume to the United States; and
(iii) The name of the sponsor or sponsors who will accept, receipt for, and disburse grant payments.
(6) The assurances on Civil Rights required by § 21.7 of the Regulations of the Office of the Secretary of Transportation (49 CFR 21.7).
(7) The applicable assurances required by appendix D of this part.
(c)
(a)
(b)
(c)
(1) Except as otherwise provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the maximum obligation of the United States is not increased by more than 10 percent;
(2) Funds are available for the increase;
(3) The sponsor shows that the increase is justified; and
(4) The change does not prejudice the interest of the United States.
(d)
(e)
(1) The change does not increase the maximum obligation of the United States under the grant agreement; and
(2) The change does not prejudice the interest of the United States.
(a) Before submitting a preapplication for Federal assistance for an airport development project involving the location of an airport, an airport runway, or a runway extension, the sponsor must give notice of opportunity for a public hearing, in accordance with paragraph (b) of this section, for the purpose of—
(1) Considering the economic, social, and environmental effects of the location of the airport, the airport runway, or the runway extension; and
(2) Determining the consistency of the location with the goals and objectives of any urban planning that has been carried out by the community.
(b) The notice of opportunity for public hearing must—
(1) Include a concise statement of the proposed development;
(2) Be published in a newspaper of general circulation in the communities in or near which the project may be located;
(3) Provide a minimum of 30 days from the date of the notice for submission of requests for a hearing by persons having an interest in the economic, social, or environmental effects of the project; and
(4) State that a copy is available of the sponsor's environmental assessment, if one is required by appendix 6 of FAA Order 1050.1C, “Policies and Procedures for Considering Environmental Impacts” (45 FR 2244; Jan. 10, 1980), and FAA Order 5050.4, “Airport Environmental Handbook” (45 FR 56624; Aug. 25, 1980), and will remain available, at the sponsor's place of business for examination by the public for a minimum of 30 days, beginning with the date of the notice, before any hearing held under the notice.
(c) A public hearing must be provided if requested. If a public hearing is to be held, the sponsor must publish a notice of that fact, in the same newspaper in
(d) The notice required by paragraph (c) of this section must—
(1) Be published not less than 15 days before the date set for the hearing;
(2) Specify the date, time, and place of the hearings;
(3) Contain a concise description of the proposed project; and
(4) Indicate where and at what time more detailed information may be obtained.
(e) If a public hearing is held, the sponsor must—
(1) Provide the Administrator a summary of the issues raised, the alternatives considered, the conclusion reached, and the reasons for that conclusion; and
(2) If requested by the Administrator before the hearing, prepare a verbatim transcript of the hearing for submission to the Administrator.
(f) If a hearing is not held the sponsor must submit with its preapplication a certification that notice of opportunity for a hearing has been provided in accordance with this section and that no request for a public hearing has been received.
To the extent applicable, all grant agreements, contracts, and subcontracts involving airport development projects or airport planning must be in accordance with the contract requirements in appendices A and C, as applicable, and the procurement standards in Attachment O of Office of Management and Budget Circular A-102 (42 FR 45828).
This subpart contains the requirements for funding projects for airport development, airport master planning, and airport system planning.
(a)
(1) Have been necessary to accomplish airport development in conformity with—
(i) The approved plans and specifications for an approved project; and
(ii) The terms of the grant agreement for the project;
(2) Be reasonable in amount (subject to partial disallowance to the extent the Administrator determines it is unreasonable);
(3) Have been incurred after the date the grant agreement was executed, except that project formulation costs may be allowed even though they were incurred before that date;
(4) Be supported by satisfactory evidence;
(5) Have not been included in an airport planning grant; and
(6) Be a cost determined in accordance with the cost principles for State and local governments in Federal Management Circular 74-4 (39 FR 27133; 43 FR 50977).
(b)
(1) Have been necessary to accomplish airport planning in comformity with an approved project and the terms of the grant agreement for the project;
(2) Be reasonable in amount;
(3) Have been incurred after the date the grant agreement was entered into, except for substantiated and reasonable costs incurred in designing the study effort;
(4) Be supported by satisfactory evidence; and
(5) Be figured in accordance with Federal Management Circular 74-4 (39 FR 27133; 43 FR 50977).
(a)
(1) 90 percent in the case of grants made from funds for fiscal years 1976, 1977, and 1978, and grants from funds for fiscal year 1980 made after February 17, 1980, for—
(i) Each air carrier airport, other than a commuter service airport, which enplanes less than one quarter of one percent of the total annual passengers enplaned as determined for purposes of making the latest annual apportionment under section 15(a)(3) of the AADA;
(ii) Each commuter service airport; and
(iii) Each general aviation or reliever airport.
(2) 80 percent in the case of grants made from funds for fiscal year 1979 and grants from funds for fiscal year 1980 made before February 18, 1980, for the airports specified in paragraph (a)(1) of this section.
(3) 75 percent in the case of grants made from funds for fiscal years 1976 through 1980 for airports other than those specified in paragraph (a)(1) of this section.
(b) In a State in which the unappropriated and unreserved public lands and nontaxable Indian lands, both individual and tribal, are more than five percent of the total land in that State, the United States' share under paragraph (a) of this section—
(1) Except as provided in paragraph (b)(2) of this section, shall be increased by the smaller of—
(i) 25 percent; or
(ii) A percentage (rounded to the nearest one-tenth of a percent) equal to one-half of the percentage which the area of those lands is of the total land area of the state; and
(2) May not exceed the greater of—
(i) The percentage share determined under paragraph (a) of this section; or
(ii) The percentage share applying on June 30, 1975, as determined under paragraph (b)(1) of this section.
(c) In the case of terminal development, the United States share shall be 50 percent.
(d)
(1) In the case of an airport master plan, that percent for which a project for airport development at that airport would be eligible;
(2) In the case of an airport system plan, 75 percent.
Unless otherwise authorized by the Administrator, when a release has been granted authorizing the sponsor to dispose of land acquired with assistance under part 151 of this chapter or this part, or through conveyances under the Surplus Property Act, the proceeds realized from the disposal may not be used as matching funds for any airport development project or airport planning grant, but may be used for any other airport purpose.
(a) An application for a grant payment is made on a form and in a manner prescribed by the Administrator, and must be accompanied by any supporting information, that the FAA needs to determine the allowability of any costs for which payment is requested.
(b)
(1) Letter of credit;
(2) Advance by Treasury check; or
(3) Reimbursement by Treasury checks.
(c)
(1) There is or will be a continuing relationship between a sponsor or planning agency and the FAA for at least a 12-month period and the total amount of advances to be received within that period is $120,000 or more;
(2) The sponsor or planning agency has established or demonstrated to the FAA the willingness and ability to establish procedures that will minimize the time elapsing between the transfer of funds and their disbursement by the grantee; and
(3) The sponsor's or planning agency's financial management system meets the standards for fund control
(d)
(1) The sponsor or planning agency meets the requirements of paragraphs (c) (2) and (3) of this section;
(2) The timing and amount of cash advances are as close as administratively feasible to actual disbursements by the sponsor or planning agency; and
(3) Except as provided in paragraph (e) of this section, in the case of an airport development project, advance payments do not exceed the estimated project costs of the airport development expected to be accomplished within 30 days after the date of the sponsor's application for the advance payment.
(e) No advance payment for airport development projects may be made in an amount that would bring the aggregate amount of all partial payments to more than the lower of the following:
(i) 90 percent of the estimated United States' share of the total estimated cost of all airport development included in the project, but not including contingency items; or
(ii) 90 percent of the maximum obligation of the United States as stated in the grant agreement.
(f)
(g)
(1) The sponsor or planning agency has failed to comply with the program objectives, grant award conditions, or Federal reporting requirements.
(2) The sponsor or planning agency is indebted to the United States and collection of the indebtedness will not impair accomplishment of the objectives of any grant program sponsored by the United States.
(3) The sponsor or planning agency has withheld payment to a contractor to assure satisfactory completion of work. Payment will be made to the sponsor or planning agency when it has made final payment to the contractor, including the amounts withheld.
(h)
(1) The violations are corrected;
(2) The Administrator determines the allowability of the project costs to which the violations relate; or
(3) If the violations consist of underpayments to labor, the sponsor furnishes satisfactory assurances to the FAA that restitution has been or will be made to the affected employees.
(i)
If an approved project for airport development includes land acquisition as an item for which payment is requested, the sponsor may apply to the FAA for payment of the United States share of the allowable project costs of the acquisition, after—
(a) The Administrator determines that the sponsor has acquired satisfactory title to the land; or
(b) In the case of a request for advance payment under § 152.209(d), the Administrator is assured that a satisfactory title will be acquired.
(a)
(1) Be added to funds committed to the project by the FAA and the sponsor and used to further eligible program objectives; or
(2) Be deducted from the total project cost for the purpose of determining the net costs on which the Federal share of costs will be based.
(b)
(c)
(1)
(i) A final inspection of all work at the airport site has been made jointly by the appropriate FAA office and representatives of the sponsor and the contractor, unless that office agrees to a different procedure for final inspection; and
(ii) The sponsor has furnished final “as constructed” plans, unless otherwise agreed to by the Administrator.
(2)
(d)
(e)
This subpart contains accounting and reporting requirements applicable to—
(a) Each sponsor of a project for airport development;
(b) Each sponsor of a project for airport master planning; and
(c) Each planning agency conducting a project for airport system planning.
Each sponsor or planning agency shall establish and maintain a financial management system that meets the standards of Attachment G of Office of Management and Budget Circular A-102 (42 FR 45828).
(a)
(b)
(1) Third party contract costs.
(2) Force account costs.
(3) Administrative costs.
Each sponsor or planning agency shall retain, for a period of 3 years after the date of submission of the final expenditure report—
(a) Documentary evidence, such as invoices, cost estimates, and payrolls, supporting each item of project costs; and
(b) Evidence of all payments for items of project costs, including vouchers, cancelled checks or warrants, and receipts for cash payments.
(a) The sponsor or planning agency shall allow any authorized representative of the Administrator, the Secretary of Transportation, or the Comptroller General of the United States access to any of its books, documents, papers, and records that are pertinent to grants received under this part for the purposes of accounting and audit.
(b) The sponsor or planning agency shall allow appropriate FAA or DOT representatives to make progress audits at any time during the project, upon reasonable notice to the sponsor or planning agency.
(c) It audit findings have not been resolved, the applicable records shall be retained by the sponsor or planning agency until those findings have been resolved.
(d) Records for nonexpendable property that was acquired with Federal funds shall be retained for three years after final disposition of the property.
(e) Microfilm copies of original records may be substituted for original records with the approval of the FAA.
(f) If the FAA determines that certain records have long-term retention value, the FAA may require transfer of custody of those records to the FAA.
The sponsor or planning agency shall include in each contract of the cost reimbursable type a clause that allows any authorized representative of the Administrator, the Secretary of Transportation, or the Comptroller General of the United States access to the contractor's records pertinent to the contract for the purposes of accounting and audit.
(a) The sponsor shall establish and maintain property management standards in accordance with Attachment N of Office of Management and Budget Circular A-102 (42 FR 45828) for the utilization and disposition of property furnished by the Federal Government, or acquired in whole or in part by the sponsor with Federal funds.
(b) A sponsor may use its own property management standards and procedures as long as the standards required by paragraph (a) of this section are included.
(a) Except as provided in paragraph (b) of this section each sponsor or planning agency shall submit all financial reports on an accrual basis.
(b) If records are not maintained on an accrual basis by a sponsor or planning agency, reports may be based on an analysis of records or best estimates.
When funds are advanced to a sponsor or planning agency by Treasury check, the sponsor or planning agency shall submit the report form prescribed by the Administrator within 15 working days following the end of the quarter in which check was received.
(a) The sponsor or planning agency shall monitor performance under the project to ensure that—
(1) Time schedules are being met;
(2) Work units projected by time periods are being accomplished; and,
(3) Other performance goals are being achieved.
(b) Reviews shall be made for—
(1) Each item of development or work element included in the project; and
(2) All other work to be performed as a condition of the grant agreement.
(c)
(1) A comparison of actual accomplishments to the goals established for the period, made, if applicable, on a quantitative basis related to cost data for computation of unit costs;
(2) The reasons for slippage in each case where an established goal was not met; and
(3) Other pertinent information including, when appropriate, an analysis and explanation of each cost overrun and high unit cost.
(d)
(1) A comparison of actual accomplishments to the goals established for the period, made, if applicable, on a quantitative basis related to costs for computation of work element costs;
(2) Reasons for slippage in each case where an established goal was not met; and
(3) Other pertinent information including, when appropriate, an analysis and explanation of each cost overrun and high work element cost.
(a) The sponsor or planning agency shall promptly notify the FAA of each condition or event that may delay or accelerate accomplishment of the project.
(b) In the event that delay is anticipated, the notice required by paragraph (a) of this section must include—
(1) A statement of actions taken or contemplated; and
(2) Any Federal assistance needed.
(a) If any performance review conducted by the sponsor discloses a need for change in the budget estimates, the sponsor shall submit a request for budget revision on a form prescribed by the Administrator.
(b) A request for prior approval for budget revision shall be made promptly by the sponsor whenever—
(1) The revision results from changes in the scope or objective of the project; or
(2) The revision increases the budgeted amounts of Federal funds needed to complete the project.
(c) The sponsor shall promptly notify the FAA whenever the amount of the grant is expected to exceed the needs of the sponsor by more than $5,000, or 5 percent of the grant amount, whichever is greater.
Each sponsor of a project for airport master planning and each planning agency conducting a project for airport system planning shall submit a financial status report on a form prescribed by the Administrator at the completion of the project.
Sec. 30 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1730); sec. 1.47(f)(1) of the Regulations of the Office of the Secretary of Transportation (49 CFR 1.47(f)(1)).
(a) This subpart is applicable to all grantees and other covered organizations under this part, and implements the requirements of section 30 of the Airport and Airway Development Act of 1970, which provides:
(b) Each grantee, covered organization, or covered suborganization under this part shall negotiate reformation of any contract, subcontract, lease, sublease, or other agreement to include any appropriate provision necessary to
As used in this subpart—
(2) Any acquisition of land or of any interest therein, or of any easement through or other interest in airspace, including land for future airport development, which is necessary to permit any such work or to remove or mitigate or prevent or limit the establishment of, airport hazards; and
(3) Any acquisition of land or of any interest therein necessary to insure that such land is used only for purposes which are compatible with the noise levels of the operation of a public airport.
(2) Which employs persons on the airport; and
(3) Which—(i) Is related primarily to the aeronautical activities on the airport;
(ii) Provides goods or services to the public which is attracted to the airport by aeronautical activities;
(iii) Provides services or supplies to other aeronautical related or public service airport businesses or to the airport; or
(iv) Performs construction work on the airport.
(2) Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race;
(3) Asian or Pacific Islander: A person having origins in any or the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including, but not limited to China, Japan, Korea, the Philippine Islands, and Samoa; or
(4) American Indian or Alaskan Native: A person having origins in any of the original peoples of North America who maintains cultural identification through tribal affiliation or community recognition.
(1) The SMSA; or
(2) In the absence of a defined SMSA, in the counties contiguous to the employer's location, or the location where the work is to be performed, and in the areas from which persons may reasonably be expected to commute.
The following assurances shall be included in each application for financial assistance under this part:
(a)
(b)
(a) Except as provided in paragraph (b) of this section, each of the following shall have an affirmative action plan that meets the requirements of § 152.409 and is kept on file for review by the FAA Office of Civil Rights:
(1) Each sponsor who employs 50 or more employees in its aviation workforce.
(2) Each planning Agency which employs 50 or more employees in its agency for aviation purposes.
(3) Each state political division, administering a grant under the AADA to develop standards for airport development at general aviation airports, which employs 50 or more employees in its aviation workforce.
(b) A grantee is in compliance with paragraph (a) of this section, if it is subject to, and keeps on file for review by the FAA Office of Civil Rights, one of the following:
(1) An affirmative action plan acceptable to another Federal agency.
(2) An affirmative action plan for a State or local agency that the covered organization certifies meets the standards in § 152.409.
(3) A conciliation agreement, consent decree, or court order which provides short and long-range goals for equal employment opportunity similar to those which would be established in an
(c) Each sponsor shall require each aviation related activity (other than construction contractors) which employs 50 or more employees on the airport to prepare, and keep on file for review by the FAA Office of Civil Rights, an affirmative action plan developed in accordance with the standards in § 152.409, unless the activity is subject to one of the mechanisms described in paragraphs (b) (1) through (3) of this section.
(d) Each sponsor shall require each aviation related activity described in paragraph (c) of this section to similarly require each of its covered suborganizations (other than construction contractors) which employs 50 or more employees on the airport to prepare, and to keep on file for review by the FAA Office of Civil Rights, an affirmative action plan developed in accordance with the standards in § 152.409, unless the suborganization is subject to one of the mechanisms described in paragraphs (b) (1) through (3) of this section.
(a) Each affirmative action plan required by this subpart shall be developed in accordance with the following:
(1) An analysis of the employer's aviation workforce which groups employees into the following job categories:
(i) Officials and managers.
(ii) Professionals.
(iii) Technicians.
(iv) Sales workers.
(v) Office and clerical workers.
(vi) Craft workers (skilled).
(vii) Operatives (semi-skilled).
(viii) Laborers (unskilled).
(ix) Service workers.
(2) A comparison separately made of the percent of minorities and women in the employer's present aviation workforce (in each of the job categories listed in paragraph (a)(1) of this section) with the percent of minorities and women in each of those categories in the total workforce located in the SMSA, or, in the absence of an SMSA, in the counties contiguous to the employer's location or the location where the work is to be performed and in the areas from which persons may reasonably be expected to commute. This data on the total workforce of the applicable area will be supplied to grantees by the FAA. Grantees shall make this data available to the other organizations covered by this subpart. The comparison for minorities must be made only when minorities constitute at least 2 percent of the total workforce in the geographical area used for the comparison.
(3) A comparison, for the aviation workforce, of the total number of applicants and persons hired with the total number of minority and female applicants, and minorities and females hired, for the past year. Where this data is unavailable, the employer shall establish and maintain a system to provide the data, and shall make the comparison 120 days after establishing the data system.
(4) Where the percentage of minorities and women in the employer's aviation workforce, in each job category, is less than the minority and female percentage in any job category in the workforce of the geographical area used, an analysis, based on the comparison required by paragraph (a)(3) of this section, determining whether any of the following exists:
(i) Insufficient flow of minority and female applicants.
(ii) Disparate rejection of minority and female applicants. The FAA generally considers disparate rejection to exist whenever a selection rate for any race, sex, or ethnic group is less than 80 percent of the rate for the race, sex, or ethnic group with the highest selection rate.
(b) Each affirmative action plan required by this part shall be implemented through an action-oriented program with goals and timetables designed to eliminate obstacles to equal opportunity for women and minorities in recruitment and hiring, which shall include, but not be limited to:
(1) Where disparate rejection of minority and female applicants is indicated by the analysis required by paragraph (a)(4) of this section, validation
(2) Where testing or selection procedures cannot be validated, discontinuation of their use.
(3) Where an insufficient flow of minority and female applicants (less than the percentage available) is indicated by the analysis required by paragraph (a)(4) of this section, good faith efforts to increase the flow of minority and female applicants through the following steps, as appropriate:
(i) Development or reaffirmation of an equal opportunity policy and dissemination of that policy internally and externally.
(ii) Contact with minority and women's organizations, schools with predominant minority or female enrollments, and other recruitment sources for minorities and women.
(iii) Encouragement of State and local employment agencies, unions, and other recruiting sources to ensure that minorities and women have ample information on, and opportunity to apply for, vacancies and to participate in examinations.
(iv) Participation in special employment programs such as Co-operative Education Programs with predominantly minority and women's colleges, “After School” or Work Study programs, and Summer Employment.
(v) Participation in “Job Fairs.”
(vi) Participation of minority and female employees in Career Days, Youth Motivation Programs, and counseling and related activities in the community.
(vii) Encouragement of minority and female employees to refer applicants.
(viii) Motivation, training, and employment programs for minority and female hard-core unemployed.
(a) Each grantee which is not described in § 152.407(a) and is not subject to an affirmative action plan, regulatory goals and timetables, or other mechanism providing for short and long-range goals for equal employment opportunity, shall make good faith efforts to recruit and hire minorities and women for its aviation workforce as vacancies occur, by taking the affirmative action steps in § 152.409(b)(3), as follows:
(1) If it has 15 or more employees in its aviation workforce or employed for aviation purposes, by taking the affirmative action steps in § 152.409(b)(3), as appropriate; or
(2) If it has less than 15 employees in its aviation workforce or employed for aviation purposes, by taking the affirmative action steps in § 152.409(b)(3) (i) and (ii), as appropriate.
(b) Except as provided in paragraph (c) of this section, each sponsor shall require each of its aviation related activities on its airport, that is not subject to an affirmative action plan, regulatory goals and timetables, or other mechanism which provides short and long-range goals for equal employment opportunity, to take affirmative action steps and cause them to similarly require affirmative action steps of their covered suborganizations, as follows:
(1) Each aviation related activity or covered suborganization with less than 50 but more than 14 employees, must take the affirmative action steps enumerated in § 152.409(b)(3), as appropriate.
(2) Each aviation related activity or covered suborganization with less than 15 employees, must take the affirmative action steps enumerated in § 152.409(b)(3) (i) and (ii), as appropriate.
(c) Each sponsor shall require each construction contractor, that has a contract of $10,000 or more on its airport and that is not subject to an affirmative action plan, regulatory goals or timetables, or other mechanism which provides short and long-range goals for equal employment opportunity, to take the following affirmative action steps:
(1) The contractor must establish and maintain a current list of minority and female recruitment sources; provide written notification to these recruitment sources and to community organizations when employment opportunities are available; and maintain a record of each organization's response.
(2) The contractor must maintain a current file of the names, addresses,
(3) The contractor must disseminate its equal employment opportunity policy internally—
(i) By providing notice of the policy to unions and training programs;
(ii) By including it in policy manuals and collective bargaining agreements;
(iii) By publicizing it in the company newspaper, report, or other publication; and
(iv) By specific review of the policy with all management personnel and with all employees at least once a year.
(4) The contractor must disseminate the contractors's equal employment opportunity policy externally—
(i) By stating it in each employment advertisement in the news media, including news media with high minority and female readership; and
(ii) By providing written notification to, or participating in discussions with, other contractors and subcontractors with whom the contractor does business.
(5) The contractor must direct its recruitment efforts to minority and female organizations, to schools with minority and female students, and to organizations which recruit and train minorities and women, in the contractor's recruitment area.
(6) The contractor must encourage present minority and female employees to recruit other minorities and women.
(7) The contractor must, where possible, provide after school, summer, and vacation employment to minority and female youth.
(d) Each sponsor shall require each of its prime construction contractors on its airport, with a contract of $10,000 or more, to require each of the contractor's subcontractors on the airport to comply with the affirmative action steps in paragraph (c) of this section, with which it does not already comply, unless the subcontractor is subject to an affirmative action plan, regulatory goals or timetables, or other mechanism which provides short and long-range goals for equal employment opportunity, or the subcontract is less than $10,000.
Each grantee shall give adequate notice to employees and applicants for employment, through posters provided by the Secretary, that the FAA is committed to the requirements of section 30 of the AADA, to ensure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds authorized under this part.
(a) Each grantee shall keep on file for a period of three years or for the period during which the Federal financial assistance is made available, whichever is longer, reports (other than those transmitted to the FAA), records, and affirmative action plans, if applicable, that will enable the FAA Office of Civil Rights to ascertain if there has been and is compliance with this subpart.
(b) Each sponsor shall require its covered organizations to keep on file, for the period set forth in paragraph (a) of this section, reports (other than those submitted to the FAA), records, and affirmative action plans, if applicable, that will enable the FAA Office of Civil Rights to ascertain if there has been and is compliance with this subpart, and shall cause them to require their covered suborganizations to keep similar records as applicable.
(c) Each grantee, employing 15 or more person, shall annually submit to the FAA a compliance report on a form provided by the FAA and a statistical report on a Form EEO-1 of the Equal Employment Opportunity Commission (EEOC) or any superseding EEOC form. If a grantee already is submitting a Form EEO-1 to another agency, the grantee may submit a copy of that form to the FAA as its statistical report. The information provided shall
(d) Each sponsor shall—
(1) Require each of its aviation-related activities (except construction contractors), employing 15 or more persons, to annually submit to the sponsor the reports required by paragraph (c) of this section, on the same basis as stated in paragraph (c) of this section, and shall cause each aviation-related activitiy to require its covered suborganizations, with 15 or more employees, to annually submit the reports required by paragraph (c) of this section through the prime organization to the sponsor, for transmittal by the sponsor to the FAA.
(2) Annually collect from its aviation related activities employing less than 15 employees, and transmit to the FAA an aggregate employment report, that includes the employment of sponsors with less than 15 employees, on an EEO-1 or any superseding EEOC form.
(e) Each sponsor shall require each of its construction contractors on its airport, with a contract of $10,000 or more, which is not subject to E.O. 11246 and the regulations of the Department of Labor (DOL), to submit to the sponsor, at the conclusion of the project, a compliance report on a form provided by the FAA and a statistical report on a DOL Form 257 or any superseding DOL form. For projects exceeding six months, the sponsor shall require a midway compliance report. The sponsor shall submit these reports to the FAA.
(f) Each sponsor shall cause each of its construction contractors on its airport to require each of the contractor's subcontractors, with a subcontract of $10,000 or more, which are not subject to E.O. 11246 and the regulations of the DOL, to submit the reports required by paragraph (e) of this section to the prime contractor for submission to the sponsor. The sponsor shall transmit these reports to the FAA.
(g) Each organization required to prepare an affirmative action plan for the FAA under this subpart shall update it annually and as changed circumstances require. Each organization that has prepared a plan in compliance with the requirements of another Federal agency or a State or local agency, shall update it in accordance with the requirements of that agency.
(a) Each grantee shall allow the FAA Office of Civil Rights to monitor its equal employment opportunity compliance with this subpart through on-site reviews and desk audits. Reviews or audits will include the records submitted under § 152.415.
(b) As it deems necessary, the FAA Office of Civil Rights will conduct on-site or desk audits of covered aviation related activities on airports.
Each person subject to this subpart is required to comply with the Minority Business Enterprise Regulations of the Department.
Requirements relating to the provision of public accommodations, services, and other benefits to beneficiaries under Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
(a)
(b)
(1) Compliance with a regulation of the Department applicable to minority business enterprise will be investigated and enforced through the procedures contained in that regulation; and
(2) Except as provided in paragraph (c) of this section, allegations of noncompliance with regulations governing equal employment opportunity of another Federal agency or a State or local agency, will be referred, for investigation and enforcement, to the Federal agency or, in the discretion of the Departmental Office of Civil Rights, to the State or local agency.
(c) When the FAA (under section 30 of the AADA) and another Federal agency, a referral agency recognized by the Equal Employment Opportunity Commission, or a court have concurrent jurisdiction over a matter—
(1) If the other agency or court makes a finding on the record that noncompliance or discrimination has occurred, the FAA will accept the finding, and determine what sanctions or remedies are appropriate under section 30 as a result of the finding, after permitting the party against whom the finding was made to be heard on the determination of the sanctions or remedies; or
(2) If it appears that delay, through referral to another agency, will result in the continued expenditure of Federal funds under this part without compliance with this subpart, the Secretary may—
(i) Investigate the matter;
(ii) Make a determination as to compliance with section 30; and
(iii) Impose appropriate sanctions and remedies.
(d) Nothing in this section shall preclude the Director of the Departmental Office of Civil Rights from initiating an investigation when it appears that the investigation of the complaint may reveal a pattern or practice of discrimination or noncompliance with the requirements of this subpart in the employment practices of a grantee or other covered organization.
Nothing contained in this subpart diminishes or supersedes the obligations imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), Executive Order 11246 (42 U.S.C. 2000e (note)), or any other Federal law or Executive Order relating to civil rights.
This subpart contains procedures for suspending or terminating grants for airport development projects and airport planning.
(a) If the sponsor or planning agency fails to comply with the conditions of the grant, the FAA may, by written notice to the sponsor or planning agency, suspend the grant and withhold further payments pending—
(1) Corrective action by the sponsor or planning agency; or
(2) A decision to terminate the grant.
(b) Except as provided in paragraph (c), after receipt of notice of suspension, the sponsor or planning agency may not incur additional obligations of grant funds during the suspension.
(c) All necessary and proper costs that the sponsor or planning agency could not reasonably avoid during the period of suspension will be allowed, if those costs are in accordance with appendix C of this part.
(a) If the sponsor or planning agency fails to comply with the conditions of the grant, the FAA may, by written notice to the sponsor or planning agency, terminate the grant in whole, or in part.
(b) The notice of termination will contain—
(1) The reasons for the termination, and
(2) The effective date of termination.
(c) After receipt of the notice of termination, the sponsor or planning agency may not incur additional obligations of grant funds.
(d) Payments to be made to the sponsor or planning agency, or recoveries of payments by the FAA, under the grant shall be in accordance with the legal rights and liabilities of the parties.
(a) When the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds, the grant may be terminated in whole, or in part, upon mutual agreement of the FAA and the sponsor or planning agency.
(b) If an agreement to terminate is made, the sponsor or planning agency—
(1) May not incur new obligations for the terminated portion after the effective date; and
(2) Shall cancel as many obligations, relating to the terminated portion, as possible.
(c) The sponsor or planning agency is allowed full credit for the Federal share of the noncancellable obligations that were properly incurred by the sponsor before the termination.
If a grant is suspended or terminated under this subpart, the sponsor or planning agency may request the Administrator to reconsider the suspension or termination.
Secs. 1-27, 84 Stat. 220-223 (49 U.S.C. 1711-1727); sec. 1.47(g), Regulations of the Office of the Secretary of Transportation; 35 FR 17044; sec. 403(b), 92 Stat. 3318; E.O. 12185.
This subpart implements section 403 of the Powerplant and Industrial Fuel Use Act of 1978 (92 Stat. 3318; Pub. L. 95-620) in order to encourage conservation of petroleum and natural gas by recipients of Federal financial assistance.
This subpart applies to each recipient of Federal financial assistance from the Federal Aviation Administration through the Airport Development Aid Program (ADAP) unless otherwise excluded by definition.
As used in this subpart—
(a) Overall design of the facility or modification, and alternative designs;
(b) Materials and techniques used in construction or rehabilitation;
(c) Special or innovative conservation features that may be used;
(d) Fuel requirements for heating, cooling, and operations essential to the function of the structure, projected over the life of the facility and including projected costs of this fuel; and
(e) Kind of energy to be used, including—
(1) Consideration of opportunities for using fuels other than petroleum and natural gas, and
(2) Consideration of using alternative, renewable energy sources.
Each sponsor shall perform an energy assessment for each federally-assisted building construction or major building modification project proposed at the airport. The building design, construction, and operation shall incorporate, to the extent consistent with good engineering practice, the most cost-effective energy conservation features identified in the energy assessment.
Each sponsor shall require fuel and energy conservation practices in the operation and maintenance of the airport and shall encourage airport tenants to use these practices.
This appendix sets forth contract and labor provisions applicable to grants under the Airport and Airway Development Act of 1970.
This appendix does not apply to: (1) Any contract with the owner of airport hazards, buildings, pipelines, powerlines, or other structures or facilities, for installing, extending, changing, removing, or relocating that structure or facility, and (2) any written agreement or understanding between a sponsor and another public agency that is not a sponsor of the project, under which the public agency undertakes construction work for or as agent of the sponsor.
Each sponsor entering into a construction contract for an airport development project shall insert in the contract and any supplemental agreement:
(1) The provisions required by the Secretary of Labor, as set forth in paragraphs A through K;
(2) The provisions set forth in paragraph L, and
(3) Any other provisions necessary to ensure completion of the work in accordance with the grant agreement.
(2) Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s) and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination(s), and a report of the action taken shall be sent by the [insert sponsor's name] to the FAA for approval and transmittal to the Secretary of Labor. In the event that the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for final determination (29 CFR 5.5(a)(1)(ii)).
(3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof shall be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii)).
(4) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract:
(2) The contractor will submit weekly a copy of all payrolls to the [insert sponsor's name] for availability to the FAA. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a “Weekly Statement of Compliance” which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) (see paragraph (4) of paragraph A above), shall satisfy this requirement. The prime contractor shall be responsible for submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of the FAA and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. Contractors employing apprentices or trainees under approved programs shall include a notation on the first weekly certified payrolls submitted to the [insert sponsor's name] for availability to the FAA, that their employment is pursuant to an approved program and shall identify the program (29 CFR 5.5(a)(3)(ii)).
(2)
(3)
(4)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
A contractor or subcontractor who has become liable for liquidated damages under the provision set out in paragraph I.G of this appendix and who claims that the amount administratively determined as liquidated damages under section 104(a) of the Contract Work Hours and Safety Standards Act is incorrect or that he violated inadvertently the Contract Work Hours and Safety Standards Act, notwithstanding the exercise of due care, may—
(1) If the amount determined is more than $100, apply to the Administrator for a recommendation to the Secretary of Labor that an appropriate adjustment be made or that he be relieved of liability for the liquidated damages; or
(2) If the amount determined is $100 or less, apply to the Administrator for an appropriate adjustment in liquidated damages or for release from liability for the liquidated damages.
The Secretary of Labor corrects any wage determination included in any contract under this appendix whenever the wage determination contains clerical errors. A correction may be made at the Administrator's request or on the initiative of the Secretary of Labor.
When applicable by their terms, the regulations of the Secretary of Labor (29 CFR 5.20-5.32) interpreting the “fringe benefit provisions” of the Davis-Bacon Act apply to the contract provisions in this appendix.
A sponsor who is required to include in a construction contract the labor provisions required by this appendix shall require the contractor to comply with those provisions and shall cooperate with the FAA in effecting that compliance. For this purpose the sponsor shall—
(1) Keep, and preserve, the record described in paragraph IC for a 3-year period beginning on the date the contract is completed, each affidavit and payroll copy furnished by the contractor, and make those affidavits and copies available to the FAA, upon request, during that period;
(2) Have each of those affidavits and payrolls examined by its resident engineer (or any other of its employees or agents who is qualified to make the necessary determinations), as soon as possible after receiving it, to the extent necessary to determine whether the contractor is complying with the labor provisions required by this appendix and particularly with respect to whether the
(3) Have investigations made during the performance of work under the contract, to the extent necessary to determine whether the contractor is complying with those labor provisions, including in the investigations, interviews with employees and examinations of payroll information at the work site by the sponsor's resident engineer (or any other of its employees or agents who is qualified to make the necessary determinations);
(4) Keep the appropriate FAA office fully advised of all examinations and investigations made under this appendix, all determinations made on the basis of those examinations and investigations, and all efforts made to obtain compliance with the labor provisions of the contract; and
(5) Give priority to complaints of alleged violations, and treat as confidential any written or oral statements made by any employee in connection with a complaint, and not disclose an employee's statement made in connection with a complaint to a contractor without the employee's consent.
(a)
(b)
There is set forth below procurement procedures and requirements applicable to grants for airport development under the Airport and Airway Development Act of 1970.
1.
2.
3.
4.
5.
6.
a. The sponsor has furnished three conformed copies of the contract to the appropriate FAA office;
b. The sponsor has, if applicable, submitted a statement that comparable replacement housing, as defined in § 25.15 of the Regulations of the Office of the Secretary of Transportation, will be available within a reasonable period of time before displacement.
c. The appropriate FAA office has agreed to the issuance of a notice to proceed with the work to the contractor.
7.
8.
9.
10.
11.
(b)
12.
(b) The Secretary of Labor may modify any wage determination before the award of the contract or contracts for which it was sought. If the proposed contract is awarded on the basis of public advertisement and open competitive bidding, any modification that the FAA receives less than 10 days before the opening of bids is not effective, unless the Administrator finds that there is reasonable time to notify bidders. A modification may not continue in effect beyond the effective period of the wage determination to which it relates. The Administrator sends any modification to the sponsor as soon as possible. If the modification is effective, it must be incorporated in the invitation for bids, by issuing an addendum to the specifications or otherwise.
13.
(b) A sponsor's proposed contract must have pre-award review and approval by the FAA in any of the following circumstances:
(1) The sponsor's procurement system is not in compliance with one or more significant aspects of Attachment O of OMB Circular A-102 or with the standards of this appendix.
(2) The procurement is expected to exceed $10,000 and is to be awarded without competition or only one bid or offer is received in response to solicitation.
(3) The procurement is expected to exceed $10,000 and specifies a “brand name” product.
(c) The FAA may require pre-award review and approval of a sponsor's proposed contract under any of the following circumstances:
(1) The sponsor's procurement system has not yet been reviewed by the FAA for compliance with OMB Circular A-102 and this appendix.
(2) The sponsor has requested pre-award assistance.
(3) The proposal is for automatic data processing in accordance with paragraph C1 of Attachment B to Federal Management Circular 74-4 (39 FR 27133; 43 FR 50977).
(4) The proposal is one of a series with the same firm.
(5) The proposal is to be performed outside the recipient's established procurement system or office.
(6) The proposal is for construction and is to be awarded through the negotiation procurement method or without competition.
14.
(a) Adequate plans and specifications showing the nature and extent of the construction work to be performed under that force account;
(b) A schedule of the proposed construction and of the construction equipment that will be available for the project;
(c) Assurance that adequate labor, material, equipment, engineering personnel, as well as supervisory and inspection personnel as required by this appendix, will be provided; and
(d) A detailed estimate of the cost of the work, broken down for each class of costs involved, such as labor, materials, rental of equipment, and other pertinent items of cost.
15.
(a) Include the equal opportunity clause required by 41 CFR 60-1.4(b) in each nonexempt construction contract and subcontract;
(b) Prior to the award of each nonexempt contract, require each prime contractor and subcontractor to submit the certification required by 41 CFR 60-1.8(b);
(c) Include the Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) required by 41 CFR 60-4.2 in all solicitations for offers and bids on each nonexempt construction contract and subcontract;
(d) Include the Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) required by 41 CFR 60-4.3(a) in each nonexempt construction contract and subcontract.
16.
(b) Any oral or written agreement or understanding between a sponsor and another public agency that is not a sponsor of the project, under which that public agency undertakes construction work for or as agent of the sponsor, is not considered to be a construction contract for the purposes of this appendix.
There is set forth below the assurances that the sponsor or planning agency must submit with its application in accordance with §§ 152.111 or 152.113, as applicable.
Each applicant for an airport development grant or an airport planning grant shall submit the following assurance:
The applicant hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including Office of Management and Budget Circulars No. A-95 (41 FR 2052), A-102 (42 FR 45828), and FMC 74-4 (39 FR 27133; as amended by 43 FR 50977), as they relate to the application, acceptance, and use of Federal funds for this federally-assisted project.
A.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
a. Will not grant or permit any exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at the Airport, or at any other airport now owned or controlled by it;
b. Agrees that, in furtherance of the policy of the FAA under this covenant, unless authorized by the Administrator, it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the Airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity.
c. Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil, or both, granted before July 17, 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and
d. Agrees that it will terminate any other exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Development Act.
20.
a. That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of any of the facilities provided for the public on the Airport.
b. That in any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor will insert and enforce provisions requiring the contractor—
(1) To furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and
(2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; Provided, That the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
c. That it will not exercise or grant any right or privilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform.
d. In the event the Sponsor itself exercises any of the rights and privileges referred to in subsection b, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the Sponsor under the provisions of such subsection b.
21.
22.
a. Operating the airport's aeronautical facilities whenever required;
b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
c. Promptly notifying airmen of any condition affecting aeronautical use of the Airport.
23.
In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, in any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land.
24.
25.
26.
a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement and each takeoff as a movement) of government aircraft is 300 or more, or the gross accumulative weight of government aircraft using the Airport (the total movements of government aircraft multiplied by gross certified weights of such aircraft) is in excess of five million pounds.
27.
28.
29.
30.
31.
32.
33.
B.
Each applicant for an airport planning grant shall submit the assurances numbered 1 (except for the phrase “and to finance and construct the proposed facilities”), 7, 9, 11 (except for the last sentence), and 12, 14, 15, 30, and 33 of Part II of this appendix.
49 U.S.C. 106(g), 40113, 47151-47153.
This part applies to releases from terms, conditions, reservations, or restrictions in any deed, surrender of leasehold, or other instrument of transfer or conveyance (in this part called “instrument of disposal”) by which some right, title, or interest of the United States in real or personal property was conveyed to a non-Federal public agency under section 13 of the Surplus Property Act of 1944 (58 Stat. 765; 61 Stat. 678) to be used by that agency in developing, improving, operating, or maintaining a public airport or to provide a source of revenue from non-aviation business at a public airport.
(a) Section 4 of the Act of October 1, 1949 (63 Stat. 700) authorizes the Administrator to grant the releases described in § 155.1, if he determines that—
(1) The property to which the release relates no longer serves the purpose for which it was made subject to the terms, conditions, reservations, or restrictions concerned; or
(2) The release will not prevent accomplishing the purpose for which the property was made subject to the terms, conditions, reservations, or restrictions, and is necessary to protect or advance the interests of the United States in civil aviation.
(b) Section 2 of the Act of October 1, 1949 (63 Stat. 700) provides that the restrictions against using structures for industrial purposes in any instrument of disposal issued under section 13(g)(2)(A) of the Surplus Property Act of 1944, as amended (61 Stat. 678) are considered to be extinguished. In addition, section 2 authorizes the Administrator to issue any instruments of release or conveyance necessary to remove, of record, such a restriction, without monetary consideration to the United States.
(c) Section 68 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2098) releases, remises, and quitclaims, to persons entitled thereto, all reserved rights of the United States in radioactive minerals in instruments of disposal of public or acquired lands. In addition, section 3 of the Act of October 1, 1949 (50 U.S.C. App. 1622b) authorizes the Administrator to issue instruments that he considers necessary to correct any instrument of disposal by which surplus property was transferred to a non-Federal public agency for airport purposes or to conform the transfer to the requirements of applicable law. Based on the laws cited in this paragraph, the Administrator issues appropriate instruments of correction upon the written request of persons entitled to ownership, occupancy, or use of the lands concerned.
This part applies to—
(a) Any real or personal property that is subject to the terms, conditions, reservations, or restrictions in an instrument of disposal described in § 155.1; and
(b) Any release from a term, condition, reservation, or restriction in such an instrument, including a release of—
(1) Personal property, equipment, or structures from any term, condition, reservation, or restriction so far as necessary to allow it to be disposed of for salvage purposes;
(2) Land, personal property, equipment or structures from any term, condition, reservation, or restriction requiring that it be used for airport purposes to allow its use, lease, or sale for nonairport use in place;
(3) Land, personal property, equipment, or structures from any term, condition, reservation, or restriction requiring its maintenance for airport use;
(4) Land, personal property, equipment, or structures from all terms, conditions, restrictions, or reservations to allow its use, lease, sale, or other disposal for nonairport purposes; and
(5) Land, personal property, equipment, or structures from the reservation of right of use by the United
(a) Upon a request under § 155.11, the Administrator issues any instrument that is necessary to remove, of record, any restriction against the use of property for industrial purposes that is in an instrument of disposal covered by this part.
(b) The Administrator does not issue a release under this part if it would allow the sale of the property concerned to a third party, unless the public agency concerned has obligated itself to use the proceeds from the sale exclusively for developing, improving, operating, or maintaining a public airport.
(c) Except for a release from a restriction against using property for industrial purposes, the Administrator does not issue a release under this part unless it is justified under § 155.3(a) (1) or (2).
(d) The Administrator may issue a release from the terms, conditions, reservations, or restrictions of an instrument of disposal subject to any other terms or conditions that he considers necessary to protect or advance the interests of the United States in civil aviation. Such a term or condition, including one regarding the use of proceeds from the sale of property, is imposed as a personal covenant or obligation of the public agency concerned rather than as a term or condition to the release or as a covenant running with the land, unless the Administrator determines that the purpose of the term or condition would be better achieved as a condition or covenant running with the land.
(e) A letter or other document issued by the Administrator that merely grants consent to or approval of a lease, or to the use of the property for other than the airport use contemplated by the instrument of disposal, does not otherwise release the property from the terms, conditions, reservations, or restrictions of the instrument of disposal.
(a) The primary purpose of each transfer of surplus airport property under section 13 of the Surplus Property Act of 1944 was to make the property available for public or civil airport needs. However, it was also intended to ensure the availability of the property transferred, and of the entire airport, for use by the United States during a war or national emergency, if needed. As evidence of this purpose, most instruments of disposal of surplus airport property reserved or granted to the United States a right of exclusive possession and control of the airport during a war or emergency, substantially the same as one of the following:
(1) That during the existence of any emergency declared by the President or the Congress, the Government shall have the right without charge except as indicated below to the full, unrestricted possession, control, and use of the landing area, building areas, and airport facilities or any part thereof, including any additions or improvements thereto made subsequent to the declaration of the airport property as surplus:
(2) During any national emergency declared by the President or by Congress, the United States shall have the right to make exclusive or nonexclusive use and have exclusive or nonexclusive control and possession, without charge, of the airport at which the surplus property is located or used or of such portion thereof as it may desire:
(b) A release from the terms, conditions, reservations, or restrictions of an instrument of disposal that might prejudice the needs or interests of the armed forces, is granted only after consultation with the Department of Defense.
(a) A request for the release of surplus airport property from a term, condition, reservation, or restriction in an instrument of disposal need not be in any special form, but must be in writing and signed by an authorized official of the public agency that owns the airport.
(b) A request for a release under this part must be submitted in triplicate to the District Airport Engineer in whose district the airport is located.
(c) Each request for a release must include the following information, if applicable and available:
(1) Identification of the instruments of disposal to which the property concerned is subject.
(2) A description of the property concerned.
(3) The condition of the property concerned.
(4) The purpose for which the property was transferred, such as for use as a part of, or in connection with, operating the airport or for producing revenues from nonaviation business.
(5) The kind of release requested.
(6) The purpose of the release.
(7) A statement of the circumstances justifying the release on the basis set forth in § 155.3(a) (1) or (2) with supporting documents.
(8) Maps, photographs, plans, or similar material of the airport and the property concerned that are appropriate to determining whether the release is justified under § 155.9.
(9) The proposed use or disposition of the property, including the terms and conditions of any proposed sale or lease and the status of negotiations therefor.
(10) If the release would allow sale of any part of the property, a certified copy of a resolution or ordinance of the governing body of the public agency that owns the airport obligating itself to use the proceeds of the sale exclusively for developing, improving, operating, or maintaining a public airport.
(11) A suggested letter or other instrument of release that would meet the requirements of State and local law for the release requested.
(12) The sponsor's environmental assessment prepared in conformance with Appendix 6 of FAA Order 1050.1C, “Policies and Procedures for Considering Environmental Impacts” (45 FR 2244; Jan. 10, 1980), and FAA Order 5050.4, “Airport Environmental Handbook” (45 FR 56624; Aug. 25, 1980), if an assessment is required by Order 5050.4. Copies of these orders may be examined in the Rules Docket, Office of the Chief Counsel, FAA, Washington, D.C., and may be obtained on request at any FAA regional office headquarters or any airports district office.
(a) An FAA office that receives a request for a release under this part, and supporting documents therefore, examines it to determine whether the request meets the requirements of the Act of October 1, 1949 (63 Stat. 700) so far as it concerns the interests of the United States in civil aviation and whether it might prejudice the needs and interests of the armed forces. Upon a determination that the release might prejudice those needs and interests, the Department of Defense is consulted as provided in § 155.9(b).
(b) Upon completing the review, and receiving the advice of the Department of Defense if the case was referred to it, the FAA advises the airport owner as to whether the release or a modification of it, may be granted. If the release, or a modification of it acceptable to the owner, is granted, the FAA prepares the necessary instruments and delivers them to the airport owner.
49 U.S.C. 106(g), 47101, 47128; 49 CFR 1.47(f), (k).
(a) This part applies to grant applicants for the State block grant pilot program and to those States receiving block grants available under the Airport and Airway Improvement Act of 1982, as amended.
(b) This part sets forth—
(1) The procedures by which a State may apply to participate in the State block grant pilot program;
(2) The program administration requirements for a participating State;
(3) The program responsibilities for a participating State; and
(4) The enforcement responsibilities of a participating State.
(a) Any state that desires to participate in the State block grant pilot program shall submit a letter of interest, by November 30, 1988, to the Associate Administrator for Airports, Federal Aviation Administration, 800 Independence Avenue SW., Room 1000E, Washington, DC 20591.
(b) A State's letter of interest shall contain the name, title, address, and telephone number of the individual who will serve as the liaison with the Administrator regarding the State block grant pilot program.
(c) The FAA will provide an application form and program guidance material to each State that submits a letter of interest to the Associate Administrator for Airports.
(a) A State desiring to participate shall submit a completed application to the Associate Administrator for Airports.
(b) After review of the applications submitted by the States, the Administrator shall select three States for participation in the State block grant pilot program.
(c) The Administrator shall issue a written grant offer that sets forth the terms and conditions of the State block grant agreement to each selected State.
(d) A State's participation in the State block grant pilot program begins when a State accepts the Administrator's written grant offer in writing and within any time limit specified by the Administrator. The State shall certify, in its written acceptance, that the acceptance complies with all applicable Federal and State law, that the acceptance constitutes a legal and binding obligation of the State, and that the State has the authority to carry out all the terms and conditions of the written grant offer.
(a) A participating State shall use monies distributed pursuant to a State block grant agreement for airport development and airport planning, for airport noise compatibility planning, or to carry out airport noise compatibility programs, in accordance with the Airport and Airway Improvement Act of 1982, as amended.
(b) A participating State shall administer the airport development and airport planning projects for airports within the State.
(c) A participating State shall not use any monies distributed pursuant to a State block grant agreement for integrated airport system planning, projects related to any primary airport, or any airports—
(1) Outside the State's boundaries; or
(2) Inside the State's boundaries that are not included in the National Plan of Integrated Airport Systems.
(a) A participating State shall not use State block grant funds for reimbursement of project costs that would
(b) A participating State shall not use State block grant funds for reimbursement or funding of administrative costs incurred by the State pursuant to the State block grant program.
(a) A participating State shall comply with the terms of the State block grant agreement.
(b) A participating State shall ensure that each person or entity, to which the State distributes funds received pursuant to the State block grant pilot program, complies with any terms that the State block grant agreement requires to be imposed on a recipient for airport projects funded pursuant to the State block grant pilot program.
(c) Unless otherwise agreed by a participating State and the Administrator in writing, a participating State shall not delegate or relinquish, either expressly or by implication, any State authority, rights, or power that would interfere with the State's ability to comply with the terms of a State block grant agreement.
The Administrator may take any action, pursuant to the authority of the Airport and Airway Improvement Act of 1982, as amended, to enforce the terms of a State block grant agreement including any terms imposed upon subsequent recipients of State block agreement funds.
49 U.S.C. 106(g), 40103, 40113, 44502.
This part applies to persons proposing to construct, alter, activate, or deactivate a civil or joint-use (civil/military) airport or to alter the status or use of such an airport. Requirements for persons to notify the Administrator concerning certain airport activities are prescribed in this part. This part does not apply to projects involving:
(a) An airport subject to conditions of a Federal agreement that requires an approved current airport layout plan to be on file with the Federal Aviation Administration; or
(b) An airport at which flight operations will be conducted under visual flight rules (VFR) and which is used or intended to be used for a period of less than 30 consecutive days with no more than 10 operations per day.
(c) The intermittent use of a site that is not an established airport, which is used or intended to be used for less than one year and at which flight operations will be conducted only under VFR. For the purposes of this part,
(1) The site is used or is intended to be used for no more than 3 days in any one week; and
(2) No more than 10 operations will be conducted in any one day at that site.
For the purpose of this part:
Each person who intends to do any of the following shall notify the Administrator in the manner prescribed in § 157.5:
(a) Construct or otherwise establish a new airport or activate an airport.
(b) Construct, realign, alter, or activate any runway or other aircraft landing or takeoff area of an airport.
(c) Deactivate, discontinue using, or abandon an airport or any landing or takeoff area of an airport for a period of one year or more.
(d) Construct, realign, alter, activate, deactivate, abandon, or discontinue using a taxiway associated with a landing or takeoff area on a public-use airport.
(e) Change the status of an airport from private use to public use or from public use to another status.
(f) Change any traffic pattern or traffic pattern altitude or direction.
(g) Change status from IFR to VFR or VFR to IFR.
(a) Notice shall be submitted on FAA Form 7480-1, copies of which may be obtained from an FAA Airport District/Field Office or Regional Office, to one of those offices and shall be submitted at least—
(1) In the cases prescribed in paragraphs (a) through (d) of § 157.3, 90 days in advance of the day that work is to begin; or
(2) In the cases prescribed in paragraphs (e) through (g) of § 157.3, 90 days in advance of the planned implementation date.
(b) Notwithstanding paragraph (a) of this section—
(1) In an emergency involving essential public service, public health, or public safety or when the delay arising from the 90-day advance notice requirement would result in an unreasonable hardship, a proponent may provide notice to the appropriate FAA Airport District/Field Office or Regional Office by telephone or other expeditious means as soon as practicable in lieu of submitting FAA Form 7480-1. However, the proponent shall provide full notice, through the submission of FAA Form 7480-1, when otherwise requested or required by the FAA.
(2) notice concerning the deactivation, discontinued use, or abandonment of an airport, an airport landing or takeoff area, or associated taxiway may be submitted by letter. Prior notice is not required; except that a 30-day prior notice is required when an established instrument approach procedure is involved or when the affected property is subject to any agreement with the United States requiring that it be maintained and operated as a public-use airport.
(a) The FAA will conduct an aeronautical study of an airport proposal and, after consultations with interested persons, as appropriate, issue a determination to the proponent and advise those concerned of the FAA determination. The FAA will consider matters such as the effects the proposed action would have on existing or contemplated traffic patterns of neighboring airports; the effects the proposed action would have on the existing airspace structure and projected programs of the FAA; and the effects that existing or proposed manmade objects (on file with the FAA) and natural objects within the affected area would have on the airport proposal. While determinations consider the effects of the proposed action on the safe and efficient use of airspace by aircraft and the safety of persons and property on the ground, the determinations are only advisory. Except for an objectionable determination, each determination will contain a determination-void date to facilitate efficient planning of the use of the navigable airspace. A determination does not relieve the proponent of responsibility for compliance
(b) An airport determination issued under this part will be one of the following:
(1)
(2)
(3)
(c)
(1) Revise the determination based on new facts that change the basis on which it was made; or
(2) Extend the determination void date. Determinations will be furnished to the proponent, aviation officials of the state concerned, and, when appropriate, local political bodies and other interested persons.
Within 15 days after completion of any airport project covered by this part, the proponent of such project shall notify the FAA Airport District Office or Regional Office by submission of FAA Form 5010-5 or by letter. A copy of FAA Form 5010-5 will be provided with the FAA determination.
49 U.S.C. 106(g), 40116-40117, 47106, 47111, 47114-47116, 47524, 47526.
This part applies to passenger facility charges (PFC's) as may be approved by the Administrator of the Federal Aviation Administration (FAA) and imposed by a public agency that controls a commercial service airport. This part also describes the procedures for reducing funds to a large or medium hub airport that imposes a PFC.
The following definitions apply in this part:
(1) Had no less than 1.0 percent of passenger boardings at that airport in the prior calendar year,
(2) Had at least 25,000 passenger boardings at the airport in that prior calendar year, or
(3) Provides scheduled service at that airport.
Subject to the provisions of this part, the Administrator may grant authority to a public agency that controls a commercial service airport to impose a PFC of $1, $2, $3, $4, or $4.50 on passengers enplaned at such an airport. No public agency may impose a PFC under this part unless authorized by the Administrator. No State or political subdivision or agency thereof that is not a public agency may impose a PFC covered by this part.
(a) A State, political subdivision of a State, or authority of a State or political subdivision that is not the eligible public agency may not tax, regulate, prohibit, or otherwise attempt to control in any manner the imposition or collection of a PFC or the use of PFC revenue.
(b) No contract or agreement between an air carrier or foreign air carrier and a public agency may impair the authority of such public agency to impose a PFC or use the PFC revenue in accordance with this part.
(a) No public agency may impose a PFC on any passenger—
(1) For more than 2 boardings on a one-way trip or in each direction of a round trip;
(2) On any flight to an eligible point on an air carrier that receives essential air service compensation on that route. The Administrator makes available a list of carriers and eligible routes determined by the Department of Transportation for which PFC's may not be imposed under this section;
(3) Who is a nonrevenue passenger or obtained the ticket for air transportation with a frequent flier award coupon;
(4) On flights, including flight segments, between 2 or more points in Hawaii; or
(5) In Alaska aboard an aircraft having a certificated seating capacity of less than 60 passengers.
(b) No public agency may require a foreign airline that does not serve a point or points in the U.S. to collect a PFC from a passenger.
(a) Subject to the requirements of this part, a public agency may request that collection of PFC's not be required for—
(1) Passengers enplaned by any class of air carrier or foreign air carrier if the number of passengers enplaned by the carriers in the class constitutes not
(2) Passengers enplaned on a flight to an airport—
(i) That has fewer than 2,500 passenger boardings each year and receives scheduled passenger service; or
(ii) In a community that has a population of less than 10,000 and is not connected by a land highway or vehicular way to the land-connected National Highway System within a State.
(b) The public agency may request this exclusion authority under paragraph (a)(1) or (a)(2) of this section or both.
PFC revenue, including any interest earned after such revenue has been remitted to a public agency, may be used only to finance the allowable costs of approved projects at any airport the public agency controls.
(a)
(b)
(2) If bond documents require that PFC revenue be commingled in the general revenue stream of the airport controlled by the public agency and pledged generally for the benefit of holders of obligations issued thereunder, PFC revenue is deemed to have been used to pay the costs covered in § 158.13 (b)(1) if—
(i) An amount equal to that portion of the proceeds of the bond issued to carry out approved projects is used to pay allowable costs of such projects; and
(ii) To the extent that the amount of PFC revenue collected in any year exceeds the amount of debt service and financing costs on such bonds during that year, an amount equal to the excess is applied as required by § 158.39.
(c)
(d)
(e)
(a) To be eligible, a project must—
(1) Preserve or enhance safety, security, or capacity of the national air transportation system;
(2) Reduce noise or mitigate noise impacts resulting from an airport; or
(3) Furnish opportunities for enhanced competition between or among air carriers.
(b) Eligible projects are any of the following projects—
(1) Airport development eligible under subchapter I of chapter 471 of 49 U.S.C.;
(2) Airport planning eligible under subchapter I of chapter 471 of 49 U.S.C.;
(3) Terminal development as described in 49 U.S.C. 47110(d);
(4) Airport noise compatibility planning as described in 49 U.S.C. 47505;
(5) Noise compatibility measures eligible for Federal assistance under 49 U.S.C. 47504, without regard to whether the measures have been approved pursuant to 49 U.S.C. 47504; or
(6) Construction of gates and related areas at which passengers are enplaned or deplaned and other areas directly related to the movement of passengers and baggage in air commerce within the boundaries of the airport. These areas do not include restaurants, car rental facilities, automobile parking facilities, or other concessions. In the case of a project required to enable additional air service by an air carrier
(c) An eligible project must be adequately justified to qualify for PFC funding.
(a) A project for any airport is eligible for PFC funding at levels of $4 or $4.50 if—
(1) The project meets the eligibility requirements of § 158.15;
(2) The project costs requested for collection at $4 or $4.50 cannot be paid for from funds reasonably expected to be available for the programs referred to in 49 U.S.C. 48103; and
(3) In the case of a surface transportation or terminal project, the public agency has made adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates.
(b) In addition, a project for a medium or large airport is only eligible for PFC funding at levels of $4 or $4.50 if the project will make a significant contribution to improving air safety and security, increasing competition among air carriers, reducing current or anticipated congestion, or reducing the impact of aviation noise on people living near the airport.
(a) Beginning in fiscal year 2001, no public agency may impose a PFC with respect to a covered airport unless the public agency has submitted a written competition plan. This requirement does not apply to PFC authority approved prior to April 5, 2000.
(b) The Administrator will review any plan submitted under paragraph (a) of this section to ensure that it meets the requirements of 49 U.S.C. 47106(f) and periodically will review its implementation to ensure that each covered airport successfully implements its plan.
This subpart specifies the consultation and application requirements under which a public agency may obtain approval to impose a PFC and use PFC revenue on a project. This subpart also establishes the procedure for the Administrator's review and approval of applications and amendments and establishes requirements for use of excess PFC revenue.
(a)
(1) Descriptions of projects being considered for funding by PFC's;
(2) The PFC level for each project,the proposed charge effective date, theestimated charge expiration date, andthe estimated total PFC revenue;
(3) For a request by a public agencythat any class or classes of carriers notbe required to collect the PFC—
(i) The designation of each such class,
(ii) The names of the carriers belongingto each such class, to the extentthe names are known.
(iii) The estimated number of passengersenplaned annually by eachsuch class, and
(iv) The Public agency's reasons forrequesting that carriers in each suchclass not be required to collect the PFC; and
(4) Except as provided in § 158.25(c)(2),the date and location of a meeting atwhich the public agency will presentsuch projects to air carriers and foreignair carriers operating at the airport.
(b)
(1) A description of projects;
(2) An explanation of the need for the projects; and
(3) A detailed financial plan for the projects, including—
(i) The estimated allowable project costs allocated to major project elements;
(ii) The anticipated total amount of PFC revenue that will be used to finance the projects; and
(iii) The source and amount of other funds, if any, needed to finance the projects.
(c)
(2) Within 30 days following the meeting, each carrier must provide the public agency with a written certification of its agreement or disagreement with the proposed project. A certification of disagreement shall contain the reasons for such disagreement. The absence of such reasons shall void a certification of disagreement.
(3) If a carrier fails to provide the public agency with timely acknowledgement of the notice or timely certification of agreement or disagreement with the proposed project, the carrier is considered to have certified its agreement.
(a)(1)
(i) Filing an application with the FAA for authority to impose a PFC under § 158.25(b);
(ii) Filing an application with the FAA for authority to use PFC revenue under § 158.25(c);
(iii) Filing a notice of intent to impose and/or use a PFC under § 158.30; and
(iv) Filing a request to amend a previously approved PFC as discussed in § 158.37(b)(1).
(2) The notice must allow the public to file comments for at least 30 days, but no more than 45 days, after the date of publication of the notice or posting on the public agency's Web site, as applicable.
(b)(1)
(i) A description of the project(s) the public agency is considering for funding by PFC's;
(ii) A brief justification for each project the public agency is considering for funding by PFC's;
(iii) The PFC level for each project;
(iv) The estimated total PFC revenue the public agency will use for each project;
(v) The proposed charge effective date for the application or notice of intent;
(vi) The estimated charge expiration date for the application or notice of intent;
(vii) The estimated total PFC revenue the public agency will collect for the application or notice of intent; and
(viii) The name of and contact information for the person within the public
(2) The public agency must make available a more detailed project justification or the justification documents to the public upon request.
(c)
(1) Publication in local newspapers of general circulation;
(2) Publication in other local media;
(3) Posting the notice on the public agency's Internet Web site; or
(4) Any other method acceptable to the Administrator.
(a)
(b)
(1) The name and address of the public agency.
(2) The name and telephone number of the official submitting the application on behalf of the public agency.
(3) The official name of the airport at which the PFC is to be imposed.
(4) The official name of the airport at which a project is proposed.
(5) A copy of the airport capital plan or other documentation of planned improvements for each airport at which a PFC financed project is proposed.
(6) A description of each project proposed.
(7) The project justification, including the extent to which the project achieves one or more of the objectives set forth in § 158.15(a) and (if a PFC level above $3 is requested) the requirements of § 158.17. In addition—
(i) For any project for terminal development, including gates and related areas, the public agency shall discuss any existing conditions that limit competition between and among air carriers and foreign air carriers at the airport, any initiatives it proposes to foster opportunities for enhanced competition between and among such carriers, and the expected results of such initiatives; or
(ii) For any terminal development project at a covered airport, the public agency shall submit a competition plan in accordance with § 158.19.
(8) The charge to be imposed for each project.
(9) The proposed charge effective date.
(10) The estimated charge expiration date.
(11) Information on the consultation with air carriers and foreign air carriers having a significant business interest at the airport and the public comment process, including:
(i) A list of such carriers and those notified;
(ii) A list of carriers that acknowledged receipt of the notice provided under § 158.23(a);
(iii) Lists of carriers that certified agreement and that certified disagreement with the project;
(iv) Information on which method under § 158.24(b) the public agency used to meet the public notice requirement; and
(v) A summary of substantive comments by carriers contained in any certifications of disagreement with each project and disagreements with each project provided by the public, and the public agency's reasons for continuing despite such disagreements.
(12) If the public agency is also filing a request under § 158.11—
(i) The request;
(ii) A copy of the information provided to the carriers under § 158.23(a)(3);
(iii) A copy of the carriers' comments with respect to such information;
(iv) A list of any class or classes of carriers that would not be required to collect a PFC if the request is approved; and
(v) The public agency's reasons for submitting the request in the face of opposing comments.
(13) A copy of information regarding the financing of the project presented to the carriers and foreign air carriers under § 158.23 of this part and as revised during the consultation.
(14) A copy of all comments received as a result of the carrier consultation and public comment processes.
(15) For an application not accompanied by a concurrent application for authority to use PFC revenue:
(i) A description of any alternative methods being considered by the public agency to accomplish the objectives of the project;
(ii) A description of alternative uses of the PFC revenue to ensure such revenue will be used only on eligible projects in the event the proposed project is not ultimately approved for use of PFC revenue;
(iii) A timetable with projected dates for completion of project formulation activities and submission of an application to use PFC revenue; and
(iv) A projected date of project implementation and completion.
(16) A signed statement certifying that the public agency will comply with the assurances set forth in Appendix A to this part.
(17) Such additional information as the Administrator may require.
(c)
(1) An application submitted concurrently with an application for the authority to impose a PFC, must include:
(i) The information required under paragraphs (b)(1) through (15) of this section;
(ii) An FAA Form 5500-1, Attachment G, Airport Layout Plan, Airspace, and Environmental Findings (latest edition) providing the following information:
(A) For projects required to be shown on an ALP, the ALP depicting the project has been approved by the FAA and the date of such approval;
(B) All environmental reviews required by the National Environmental Policy Act (NEPA) of 1969 have been completed and a copy of the final FAA environmental determination with respect to the project has been approved, and the date of such approval, if such determination is required; and
(C) The final FAA airspace determination with respect to the project has been completed, and the date of such determination, if an airspace study is required.
(iii) The information required by §§ 158.25(b)(16) and 158.25(b)(17).
(2) An application where the authority to impose a PFC has been previously approved:
(i) Must not be filed until the public agency conducts further consultation with air carriers and foreign air carriers under § 158.23. However, the meeting required under § 158.23(a)(4) is optional if there are no changes to the projects after approval of the impose authority and further opportunity for public comment under § 158.24; and
(ii) Must include a summary of further air carrier consultation and the public agency's response to any disagreements submitted under the air carrier consultation and public comment processes conducted under paragraph (c)(2)(i) of this section;
(iii) Must include the following, updated and changed where appropriate:
(A) FAA Form 5500-1 without attachments except as required below;
(B) For any projects where there have been no changes since the FAA
(C) For any project that has changed since receiving impose authority, the public agency must file an Attachment B for that project clearly describing the changes to the project.
(iv) An FAA Form 5500-1, Attachment G, Airport Layout Plan, Airspace, and Environmental Findings (latest edition) providing the following information:
(A) For projects required to be shown on an ALP, the ALP depicting the project has been approved by the FAA and the date of such approval;
(B) All environmental reviews required by the National Environmental Policy Act (NEPA) of 1969 have been completed and a copy of the final FAA environmental determination with respect to the project has been approved, and the date of such approval, if such determination is required; and
(C) The final FAA airspace determination with respect to the project has been completed, and the date of such determination, if an airspace study is required; and
(v) The information required by §§ 158.25(b)(16) and 158.25(b)(17).
(a)
(b)
(c)
(1) The Administrator advises the public agency by letter that its application is substantially complete.
(2) The Administrator may opt to publish a notice in the
(3) If the Administrator publishes a notice, the public agency—
(i) Shall make available for inspection, upon request, a copy of the application, notice, and other documents germane to the application, and
(ii) May publish the notice in a newspaper of general circulation in the area where the airport covered by the application is located.
(4) After reviewing the application and any public comments received from a
(d)
(1) The Administrator notifies the public agency in writing that its application is not substantially complete. The notification will list the information required to complete the application.
(2) Within 15 days after the Administrator sends such notification, the public agency shall advise the Administrator in writing whether it intends to supplement its application.
(3) If the public agency declines to supplement the application, the Administrator follows the procedures for review of an application set forth in paragraph (c) of this section and issues a final decision approving or disapproving the application, in whole or in part, no later than 120 days after the application was received by the FAA Airports office.
(4) If the public agency supplements its application, the original application is deemed to be withdrawn for purposes of applying the statutory deadline for the Administrator's decision. Upon receipt of the supplement, the Administrator issues a final decision approving
(e)
(1) The name of the public agency and the airport at which the PFC is to be imposed;
(2) A brief description of the PFC project, the level of the proposed PFC, the proposed charge effective date, the proposed charge expiration date and the total estimated PFC revenue;
(3) The address and telephone number of the FAA Airports office at which the application may be inspected;
(4) The Administrator's determination on whether the application is substantially complete and any information required to complete the application; and
(5) The due dates for any public comments.
(f)
(2) Three copies of these comments shall be submitted to the FAA Airports office identified in the
(3) Commenters shall also provide one copy of their comments to the public agency.
(4) Comments from air carriers and foreign air carriers may be in the same form as provided to the public agency under § 158.23.
(a)
(i) The amount and duration of the PFC will not result in revenue that exceeds amounts necessary to finance the project;
(ii) The project will achieve the objectives and criteria set forth in § 158.15;
(iii) If a PFC level above $3 is being approved, the project meets the criteria set forth in § 158.17;
(iv) The collection process, including any request by the public agency not to require a class of carriers to collect PFC's, is reasonable, not arbitrary, nondiscriminatory, and otherwise in compliance with the law;
(v) The public agency has not been found to be in violation of 49 U.S.C. 47524 and 47526;
(vi) The public agency has not been found to be in violation of 49 U.S.C. 47107(b) governing the use of airport revenue;
(vii) If the public agency has not applied for authority to use PFC revenue, a finding that there are alternative uses of the PFC revenue to ensure that such revenue will be used on approved projects; and
(viii) If applicable, the public agency has submitted a competition plan in accordance with § 158.19.
(2) The Administrator notifies the public agency in writing of the decision on the application. The notification will list the projects and alternative uses that may qualify for PFC financing under § 158.15, and (if a PFC level above $3 is being approved) § 158.17, PFC level, total approved PFC revenue including the amounts approved at $3 and less, $4, and/or $4.50, duration of authority to impose and earliest permissible charge effective date.
(b)
(i) The amount and duration of the PFC will not result in revenue that exceeds amounts necessary to finance the project;
(ii) The project will achieve the objectives and criteria set forth in § 158.15;
(iii) If a PFC level above $3 is being approved, the project meets the criteria set forth in § 158.17; and
(iv) All applicable requirements pertaining to the ALP for the airport, airspace studies for the project, and the National Environmental Policy Act of 1969 (NEPA), have been satisfied.
(2) The Administrator notifies the public agency in writing of the decision
(3) Approval to use PFC revenue to finance a project shall be construed as approval of that project.
(c)
(2) A public agency reapplying for approval to impose or use a PFC must comply with §§ 158.23, 158.24, and 158.25.
(d) The Administrator publishes a monthly notice of PFC approvals and disapprovals in the
(a)
(b)
(1) A completed FAA Form 5500-1, PFC Application (latest edition) without attachments except as required below;
(2) Project information (in the form and manner prescribed by the FAA) including the project title, PFC funds sought, PFC level sought, and, if an existing Airport Improvement Program (AIP) grant already covers this project, the grant agreement number.
(3) If an existing AIP grant does not cover this project, the notice of intent must include the information in paragraph (b)(2) of this section as well as the following:
(i) Additional information describing the proposed schedule for the project,
(ii) A description of how this project meets one of the PFC objectives in § 158.15(a), and
(iii) A description of how this project meets the adequate justification requirement in § 158.15(c).
(4) A copy of any comments received by the public agency during the air carrier consultation and public comment processes (§§ 158.23 and 158.24) and the public agency's response to any disagreements.
(5) If applicable, a request to exclude a class of carriers from the requirement to collect the PFC (§ 158.11).
(6) A signed statement certifying that the public agency will comply with the assurances set forth in Appendix A to this part.
(7) Any additional information the Administrator may require.
(c)
(1) A notice of intent to use PFC revenue filed concurrently with a notice of intent to impose a PFC must include:
(i) The information required under paragraphs (b)(1) through (7) of this section;
(ii) A completed FAA Form 5500-1, Attachment G, Airport Layout Plan, Airspace, and Environmental Findings
(2) A notice of intent to use PFC revenue where the FAA has previously acknowledged a notice of intent to impose a PFC must:
(i) Be preceded by further consultation with air carriers and the opportunity for public comment under §§ 158.23 and 158.24 of this part. However, a meeting with the air carriers is optional if all information is the same as that provided with the impose authority notice;
(ii) Include a copy of any comments received by the public agency during the air carrier consultation and public comment processes (§§ 158.23 and 158.24) and the public agency's response to any disagreements or negative comments; and
(iii) Include any updated and changed information:
(A) Required by paragraphs (b)(1), (2), (5), (6), and (7) of this section; and
(B) Required by paragraph (c)(1)(ii) of this section.
(d)
(A) The amount and duration of the PFC will not result in revenue that exceeds the amount necessary to finance the project(s);
(B) Each proposed project meets the requirements of § 158.15;
(C) Each project proposed at a PFC level above $3.00 meets the requirements of § 158.17(a)(2) and (3);
(D) All applicable airport layout plan, airspace, and environmental requirements have been met for each project;
(E) Any request by the public agency to exclude a class of carriers from the requirement to collect the PFC is reasonable, not arbitrary, nondiscriminatory, and otherwise complies with the law; and
(F) The consultation and public comment processes complied with §§ 158.23 and 158.24.
(2) The FAA will also make a determination regarding the public agency's compliance with 49 U.S.C. 47524 and 47526 governing airport noise and access restrictions and 49 U.S.C. 47107(b) governing the use of airport revenue. Finally, the FAA will review all comments filed during the air carrier consultation and public comment processes.
(e)
(f) Public agency actions following issuance of FAA acknowledgment letter. If the FAA does not object to either a project or the notice of intent in its entirety, the public agency may implement its PFC program. The public agency's implementation must follow the information specified in its notice of intent. If the FAA objects to a project, the public agency may not collect or use PFC revenue on that project. If the FAA objects to the notice of intent in its entirety, the public agency may not implement the PFC program proposed in that notice. When implementing a PFC under this section, except for § 158.25, a public agency must comply with all sections of part 158.
(g)
(h)
A public agency that has begun implementation of a project approved under § 158.29 is authorized to impose a PFC until—
(a) The charge expiration date is reached;
(b) The total PFC revenue collected plus interest thereon will equal the allowable cost of the approved project;
(c) The authority to collect the PFC is terminated by the Administrator under subpart E of this part; or
(d) The public agency is determined by the Administrator to be in violation of 49 U.S.C. 47524 and 47526, and the authority to collect the PFC is terminated under that statute's implementing regulations under this title.
(a) A public agency shall not impose a PFC beyond the lesser of the following—
(1) 2 years after approval to use PFC revenue on an approved project if the project has not been implemented, or
(2) 5 years after the charge effective date if an approved project is not implemented.
(b) If, in the Administrator's judgment, the public agency has not made sufficient progress toward implementation of an approved project within the times specified in paragraph (a) of this section, the Administrator begins termination proceedings under subpart E of this part.
(c) The authority to impose a PFC following approval shall automatically expire without further action by the Administrator on the following dates:
(1) 3 years after the charge effective date unless—
(i) The public agency has filed an application for approval to use PFC revenue for an eligible project that is pending before the FAA;
(ii) An application to use PFC revenue has been approved; or
(iii) A request for extension (not to exceed 2 years) to submit an application for project approval, under § 158.35, has been granted; or
(2) 5 years after the charge effective date unless the public agency has obtained project approval.
(d) If the authority to impose a PFC expires under paragraph (c) of this section, the public agency must provide the FAA with a list of the air carriers and foreign air carriers operating at the airport and all other collecting carriers that have remitted PFC revenue to the public agency in the preceding 12 months. The FAA notifies each of the listed carriers to terminate PFC collection no later than 30 days after the date of notification by the FAA.
(e) Restriction on reauthorization to impose a PFC. Whenever the authority to impose a PFC has expired or been terminated under this section, the Administrator will not grant new approval to impose a PFC in advance of implementation of an approved project.
(a) A public agency may request an extension of time to submit an application to use PFC revenue after approval of an application to impose PFC's. At least 30 days prior to submitting such request, the public agency shall publish notice of its intention to request an extension in a local newspaper of general circulation and shall request comments. The notice shall include progress on the project, a revised schedule for obtaining project approval and reasons for the delay in submitting the application.
(b) The request shall be submitted at least 120 days prior to the charge expiration date and, unless otherwise authorized by the Administrator, shall be accompanied by the following:
(1) A description of progress on the project application to date.
(2) A revised schedule for submitting the application.
(3) An explanation of the reasons for delay in submitting the application.
(4) A summary financial report depicting the total amount of PFC revenue collected plus interest, the projected amount to be collected during the period of the requested extension, and any public agency funds used on the project for which reimbursement may be sought.
(5) A summary of any further consultation with air carriers and foreign air carriers operating at the airport.
(6) A summary of comments received in response to the local notice.
(c) The Administrator reviews the request for extension and accompanying information, to determine whether—
(1) The public agency has shown good cause for the delay in applying for project approval;
(2) The revised schedule is satisfactory; and
(3) Further collection will not result in excessive accumulation of PFC revenue.
(d) The Administrator, upon determining that the agency has shown good cause for the delay and that other elements of the request are satisfactory, grants the request for extension to the public agency. The Administrator advises the public agency in writing not more than 90 days after receipt of the request. The duration of the extension shall be as specified in § 158.33 of this part.
(a)(1) A public agency may amend the FAA's decision with respect to an approved PFC to:
(i) Increase or decrease the level of PFC the public agency wants to collect from each passenger,
(ii) Increase or decrease the total approved PFC revenue,
(iii) Change the scope of an approved project,
(iv) Delete an approved project, or
(v) Establish a new class of carriers under § 158.11 or amend any such class previously approved.
(2) A public agency may not amend the FAA's decision with respect to an approved PFC to add projects, change an approved project to a different facility type, or alter an approved project to accomplish a different purpose.
(b) The public agency must file a request to the Administrator to amend the FAA's decision with respect to an approved PFC. The request must include or demonstrate:
(1)(i) Further consultation with the air carriers and foreign air carriers and seek public comment in accordance with §§ 158.23 and 158.24 when applying for those requests to:
(A) Amend the approved PFC amount for a project by more than 25 percent of the original approved amount of the project,
(B) Change the scope of a project, or
(C) Increase the PFC level to be collected from each passenger.
(ii) No further consultation with air carriers and foreign air carriers or public comment is required by a public agency in accordance with §§ 158.23 and 158.24 when applying for an amendment in the following situations:
(A) To institute a decrease in the level of PFC to be collected from each passenger;
(B) To institute a decrease in the total PFC revenue;
(C) To institute an increase of 25 percent or less for any approved PFC project;
(D) To establish a new class of carriers under § 158.11 or amend any such class previously approved; or
(E) To delete an approved project.
(2) A copy of any comments received from the processes in paragraph (b)(1)(A) of this section for the carrier consultation and the opportunity for public comment in accordance with §§ 158.23 and 158.24;
(3) The public agency's reasons for continuing despite any objections;
(4) A description of the proposed amendment;
(5) Justification, if the amendment involves a change in the PFC amount for a project by more than 25 percent of the original approved amount, a change of the approved project scope, or any increase in the approved PFC level to be collected from each passenger;
(6) A description of how each project meets the requirements of § 158.17(b), for each project proposed for an increase of the PFC level above $3.00 at a medium or large hub airport;
(7) A signed statement certifying that the public agency has met the requiements of § 158.19, if applicable, for any amendment proposing to increase the PFC level above $3.00 at a medium or large hub airport; and
(8) Any other information the Administrator may require.
(c) The Administrator will approve, partially approve or disapprove the amendment request and notify the public agency of the decision within 30 days of receipt of the request. If a PFC level of more than $3.00 is approved, the Administrator must find the project meets the requirements of
(d) The public agency must notify the carriers of any change to the FAA's decision with respect to an approved PFC resulting from an amendment. The effective date of any new PFC level must be no earlier than the first day of a month which is at least 30 days from the date the public agency notifies the carriers.
(a) If the amount of PFC revenue remitted to the public agency, plus interest, exceeds allowable costs of the project, excess funds shall be used for approved projects or retirement of outstanding PFC-financed bonds.
(b) For bond-financed projects, any excess PFC revenue collected under debt servicing requirements shall be retained by the public agency and used for approved projects or retirement of outstanding PFC-financed bonds.
(c) When the authority to impose a PFC has expired or has been terminated, accumulated PFC revenue shall be used for approved projects or retirement of outstanding PFC-financed bonds.
(d) Within 30 days after the authority to impose a PFC has expired or has been terminated, the public agency shall present a plan to the appropriate FAA Airports office to begin using accumulated PFC revenue. The plan shall include a timetable for the submission of any necessary application under § 158.25(c) of this part. If the public agency fails to submit such a plan or if the plan is not acceptable to the Administrator, the Administrator offsets Federal airport grant program apportioned funds.
This subpart contains the requirements for notification, collection, handling and remittance of PFC's.
(a) Following approval of an application to impose a PFC under subpart B of this part, the public agency shall notify the air carriers and foreign air carriers required to collect PFC's at its airport of the Administrator's approval. Each notified carrier shall notify its agents, including other issuing carriers, of the collection requirement.
(b) The notification shall be in writing and contain at a minimum the following information:
(1) The level of PFC to be imposed.
(2) The total revenue to be collected.
(3) The charge effective date which will be the first day of a month which is at least 60 days from the date the public agency notifies the carriers of approval to impose the PFC.
(4) The proposed charge expiration date.
(5) A copy of the Administrator's notice of approval.
(6) The address where remittances and reports are to be filed by carriers.
(c) The public agency shall notify carriers required to collect PFC's at its airport of changes in the charge expiration date. Each notified carrier shall notify its agents, including other issuing carriers, of such changes.
(d) The public agency shall provide a copy of the notification to the appropriate FAA Airports office.
(a) On and after the charge effective date, tickets issued in the U.S. shall include the required PFC except as provided in paragraphs (c) and (d) of this section.
(1) Issuing carriers shall be responsible for all funds from time of collection to remittance.
(2) The appropriate charge is the PFC in effect at the time the ticket is issued.
(3) Issuing carriers and their agents shall collect the PFC's based upon the itinerary at the time of issuance. Any changes in itinerary that are initiated by a passenger that require an adjustment to the amount paid by the passenger are subject to collection or refund of the PFC as appropriate.
(b) Issuing carriers and their agents shall note as a separate item on each air travel ticket upon which a PFC is shown, the total amount of PFC's paid by the passenger and the airports for which the PFC's are collected.
(c) For each one-way trip shown on the complete itinerary of an air travel ticket, issuing air carriers and their agents shall collect a PFC from a passenger only for the first two airports where PFC's are imposed. For each round trip, a PFC shall be collected only for enplanements at the first two enplaning airports and the last two enplaning airports where PFC's are imposed.
(d) In addition to the restriction in paragraph (c) of this section, issuing carriers and their agents shall not collect PFC's from a passenger covered by any of the other limitations described in § 158.9(a).
(e) Collected PFC's shall be distributed as noted on the air travel ticket.
(f) Issuing carriers and their agents shall stop collecting the PFC's on the charge expiration date stated in a notice from the public agency, or as required by the Administrator.
(a) With respect to tickets issued outside the U.S., an air carrier or foreign air carrier may follow the requirements of either § 158.45 of this part or this section.
(b) Notwithstanding any other provisions of this part, no foreign airline is required to collect a PFC on air travel tickets issued on its own ticket stock unless it serves a point or points in the U.S.
(c) If an air carrier or foreign air carrier elects not to comply with § 158.45 for tickets issued outside the U.S.—
(1) The carrier is required to collect PFC's on such tickets only for the public agency controlling the last airport at which the passenger is enplaned prior to departure from the U.S.
(2) The carrier may collect the PFC either at the time the ticket is issued or at the time the passenger is last enplaned prior to departure from the U.S. The carrier may vary the method of collection among its flights.
(3) The carrier shall provide a written record to the passenger that a PFC has been collected. Such a record shall appear on or with the air travel ticket and shall include the same information as required by § 158.45(b), but need not be preprinted on the ticket stock.
(4) The carrier shall collect the PFC based upon the itinerary at the time of issuance. Any changes in itinerary that are initiated by a passenger and that require an adjustment of the amount paid by the passenger are subject to collection or refund of the PFC as appropriate.
(d) With respect to a flight on which the air carrier or foreign air carrier chooses to collect the PFC at the time the air travel ticket is issued—
(1) The carrier and its agents shall collect the required PFC on tickets issued on or after the charge effective date.
(2) The carrier is not required to collect PFC's at the time of enplanement for tickets sold by other air carriers or foreign air carriers or their agents.
(e) With respect to a flight on which the air carrier or foreign air carrier chooses to collect the PFC at the time of enplanement, the carrier shall examine the air travel ticket of each passenger enplaning at the airport on and after the charge effective date and shall collect the PFC from any passenger whose air travel ticket does not include a written record indicating that the PFC was collected at the time of issuance.
(f) Collected PFC's shall be distributed as noted on the written record provided to the passenger.
(g) Collecting carriers shall be responsible for all funds from time of collection to remittance.
(h) Collecting carriers and their agents shall stop collecting the PFC on the charge expiration date stated in a notice from the public agency, or as required by the Administrator.
(a) Collecting carriers shall establish and maintain a financial management
(b) PFC revenue must be accounted for separately by collecting carriers, but the revenue may be commingled with the carrier's other sources of revenue. The PFC revenues that are held by an air carrier or an agent of the carrier after collection of a PFC constitute a trust fund that is held by the air carrier or agent for the beneficial interest of the public agency imposing the PFC. Such carrier or agent holds neither legal nor equitable interest in the PFC revenues except for any handling fee or retention of interest collected on unremitted proceeds as authorized in § 158.53.
(c) Each collecting carrier shall be required to disclose the existence and amount of funds regarded as trust funds in financial statements.
Passenger facility charges collected by carriers shall be remitted to the public agency on a monthly basis. PFC revenue recorded in the accounting system of the carrier, as set forth in § 158.49 of this part, shall be remitted to the public agency no later than the last day of the following calendar month (or if that date falls on a weekend or holiday, the first business day thereafter).
As compensation for collecting, handling and remitting the PFC revenue, the collecting air carrier shall be entitled to:
(a) Retain $0.11 of each PFC collected;
(b) Any interest or other investment return earned on PFC revenue between the time of collection and remittance to the public agency.
This subpart contains the requirements for reporting, recordkeeping and auditing of accounts maintained by collecting carriers and by public agencies.
(a) The public agency shall provide quarterly reports to carriers collecting PFC's for the public agency with a copy to the appropriate FAA Airports office. The quarterly report shall include PFC revenue received from collecting carriers, interest earned, and expenditures for the quarter; cumulative PFC revenue received, interest earned, expenditures, and the amount committed for use on currently approved projects, including the quarter; the PFC level for each project; and the current project schedule.
(b) The report shall be provided on or before the last day of the calendar month following the calendar quarter or other period agreed by the public agency and collecting carrier.
(c) For medium or large hub airports, the public agency must provide the FAA, by August l of each year, an estimate of PFC revenue to be collected for each such airport in the ensuing fiscal year.
Each carrier collecting PFC's for a public agency shall file quarterly reports to the public agency unless otherwise agreed by the collecting carrier and public agency, providing an accounting of funds collected and funds remitted.
(a) Unless otherwise agreed by the collecting carrier and public agency,
(b) The report shall be filed on or before the last day of the calendar month following the calendar quarter or other period agreed by the collecting carrier and public agency for which funds were collected.
(a) Each public agency shall keep any unliquidated PFC revenue remitted to it by collecting carriers on deposit in an interest bearing account or in other interest bearing instruments used by the public agency's airport capital fund. Interest earned on such PFC revenue shall be used, in addition to the principal, to pay the allowable costs of PFC-funded projects. PFC revenue may only be commingled with other public agency airport capital funds in deposits or interest bearing instruments.
(b) Each public agency shall establish and maintain for each approved application a separate accounting record. The accounting record shall identify the PFC revenue received from the collecting carriers, interest earned on such revenue, the amounts used on each project, and the amount reserved for currently approved projects.
(c) At least annually during the period the PFC is collected, held or used, each public agency shall provide for an audit of its PFC account. The audit shall be performed by an accredited independent public accountant and may be of limited scope. The accountant shall express an opinion of the fairness and reasonableness of the public agency's procedures for receiving, holding, and using PFC revenue. The accountant shall also express an opinion on whether the quarterly report required under § 158.63 fairly represents the net transactions within the PFC account. The audit may be—
(1) Performed specifically for the PFC account; or
(2) Conducted as part of an audit under the Single Agency Audit Act of 1983 (31 U.S.C. 7501-7) provided that the PFC is specifically addressed by the auditor.
(3) Upon request, a copy of the audit shall be provided to each collecting carrier that remitted PFC revenue to the public agency in the period covered by the audit and to the Administrator.
(a) Collecting carriers shall establish and maintain for each public agency for which they collect a PFC an accounting record of PFC revenue collected, remitted, refunded and compensation retained under § 158.53(a) of this part. The accounting record shall identify the airport at which the passengers were enplaned.
(b) Each collecting carrier that collects more than 50,000 PFC's annually shall provide for an audit at least annually of its PFC account.
(1) The audit shall be performed by an accredited independent public accountant and may be of limited scope. The accountant shall express an opinion on the fairness and reasonableness of the carrier's procedures for collecting, holding, and dispersing PFC revenue. The opinion shall also address whether the quarterly reports required under § 158.65 fairly represent the net transactions in the PFC account.
(2) For the purposes of an audit under this section, collection is defined as the point when agents or other intermediaries remit PFC revenue to the carrier.
(3) Upon request, a copy of the audit shall be provided to each public agency for which a PFC is collected.
(a) The Administrator may periodically audit and/or review the use of PFC revenue by a public agency. The purpose of the audit or review is to ensure that the public agency is in compliance with the requirements of this part and 49 U.S.C. 40117.
(b) The Administrator may periodically audit and/or review the collection
(c) Public agencies and carriers shall allow any authorized representative of the Administrator, the Secretary of Transportation, or the Comptroller General of the U.S., access to any of its books, documents, papers, and records pertinent to PFC's
This subpart contains the procedures for termination of PFC's or loss of Federal airport grant funds for violations of this part or 49 U.S.C. 40117. This subpart does not address the circumstances under which authority to collect PFC's may be terminated for violations of the Airport Noise and Capacity Act of 1990.
The Administrator shall undertake informal resolution with the public agency or any other affected party if, after review under § 158.71, the Administrator cannot determine that PFC revenue is being used for the approved projects in accordance with the terms of the Administrator's approval to impose a PFC for those projects or with 49 U.S.C. 40117.
(a) The FAA begins proceedings to terminate the public agency's authority to impose a PFC only if the Administrator determines that informal resolution is not successful.
(b) The Administrator publishes a notice of proposed termination in the
(c) If corrective action has not been taken as prescribed by the Administrator, the FAA holds a public hearing, and notice is given to the public agency and published in the
(d) The Administrator publishes the final decision in the
(e) Within 10 days of the date of publication of the notice of the Administrator's decision, the public agency shall—
(1) Advise the FAA in writing that it will complete any corrective action prescribed in the decision within 30 days; or
(2) Provide the FAA with a listing of the air carriers and foreign air carriers operating at the airport and all other issuing carriers that have remitted PFC revenue to the public agency in the preceding 12 months.
(f) When the Administrator's decision does not provide for corrective action or the public agency fails to complete such action, the FAA provides a copy of the
(a) If the Administrator determines that revenue derived from a PFC is excessive or is not being used as approved, the Administrator may reduce the amount of funds otherwise payable to the public agency under 49 U.S.C. 47114. Such a reduction may be made as a corrective action under § 158.83 or § 158.85 of this part.
(b) The amount of the reduction under paragraph (a) of this section shall equal the excess collected, or the amount not used in accordance with this part.
(c) A reduction under paragraph (a) of this section shall not constitute a withholding of approval of a grant application or the payment of funds under an approved grant within the meaning of 49 U.S.C. 47111(d).
This subpart describes the required reduction in funds apportioned to a large or medium hub airport that imposes a PFC.
The funds apportioned under 49 U.S.C. 47114 to a public agency for a specific primary commercial service airport that it controls are reduced if—
(a) Such airport enplanes 0.25 percent or more of the total annual enplanements in the U.S., and
(b) The public agency imposes a PFC at such airport.
(a) A reduction in apportioned funds will not take effect until the first fiscal year following the year in which the collection of the PFC is begun and will be applied in each succeeding fiscal year in which the public agency imposes the PFC.
(b) The reduction in apportioned funds is calculated at the beginning of each fiscal year and shall be an amount equal to—
(1) In the case of a fee of $3 or less, 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and
(2) In the case of a fee of more than $3, 75 percent of the projected revenues from the fee in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section.
(c) If the projection of PFC revenue in a fiscal year is inaccurate, the reduction in apportioned funds may be increased or decreased in the following fiscal year, except that any further reduction shall not cause the total reduction to exceed 50 percent of such apportioned amount as would otherwise be apportioned in any fiscal year.
(a) Beginning with the fiscal year following the first calendar year in which an airport has more than .25 percent of the total number of boardings in the U.S., the sum of the amount that would be apportioned under 49 U.S.C. 47114 to the public agency controlling that airport in a fiscal year, after application of § 158.95, and the projected PFC revenues to be collected in such fiscal year, shall not be less than the sum of the apportionment to such airport for the preceding fiscal year and the PFC revenues collected in the preceding fiscal year.
(b) Paragraph (a) of this section shall apply for fiscal years 2000 through 2003.
A.
1. These assurances shall be complied with in the conduct of a project funded with passenger facility charge (PFC) revenue.
2. These assurances are required to be submitted as part of the application for approval of authority to impose a PFC under the provisions of 49 U.S.C. 40117.
3. Upon approval by the Administrator of an application, the public agency is responsible for compliance with these assurances.
B.
1. Responsibility and authority of the public agency. It has legal authority to impose a PFC and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the public agency's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the public agency to act in connection with the application.
2. Compliance with regulation. It will comply with all provisions of 14 CFR part 158.
3. Compliance with state and local laws and regulations. It has complied, or will comply, with all applicable State and local laws and regulations.
4. Environmental, airspace and airport layout plan requirements. It will not use PFC revenue on a project until the FAA has notified the public agency that—
(a) Any actions required under the National Environmental Policy Act of 1969 have been completed;
(b) The appropriate airspace finding has been made; and
(c) The FAA Airport Layout Plan with respect to the project has been approved.
5. Nonexclusivity of contractual agreements. It will not enter into an exclusive long-term lease or use agreement with an air carrier or foreign air carrier for projects funded by PFC revenue. Such leases or use agreements will not preclude the public agency from funding, developing, or assigning new capacity at the airport with PFC revenue.
6. Carryover provisions. It will not enter into any lease or use agreement with any air carrier or foreign air carrier for any facility financed in whole or in part with revenue derived from a passenger facility charge if such agreement for such facility contains a carryover provision regarding a renewal option which, upon expiration of the original lease, would operate to automatically extend the term of such agreement with such carrier in preference to any potentially competing air carrier or foreign air carrier seeking to negotiate a lease or use agreement for such facilities.
7. Competitive access. It agrees that any lease or use agreements between the public agency and any air carrier or foreign air carrier for any facility financed in whole or in part with revenue derived from a passenger facility charge will contain a provision that permits the public agency to terminate the lease or use agreement if—
(a) The air carrier or foreign air carrier has an exclusive lease or use agreement for existing facilities at such airport; and
(b) Any portion of its existing exclusive use facilities is not fully utilized and is not made available for use by potentially competing air carriers or foreign air carriers.
8. Rates, fees and charges.
(a) It will not treat PFC revenue as airport revenue for the purpose of establishing a rate, fee or charge pursuant to a contract with an air carrier or foreign air carrier.
(b) It will not include in its rate base by means of depreciation, amortization, or any other method, that portion of the capital costs of a project paid for by PFC revenue for the purpose of establishing a rate, fee or charge pursuant to a contract with an air carrier or foreign air carrier.
(c) Notwithstanding the limitation provided in subparagraph (b), with respect to a project for terminal development, gates and related areas, or a facility occupied or used by one or more air carriers or foreign air carriers on an exclusive or preferential basis, the rates, fees, and charges payable by such carriers that use such facilities will be no less than the rates, fees, and charges paid by such carriers using similar facilities at the airport that were not financed by PFC revenue.
9. Standards and specifications. It will carry out the project in accordance with FAA airport design, construction and equipment standards and specifications contained in advisory circulars current on the date of project approval.
10. Recordkeeping and Audit. It will maintain an accounting record for audit purposes for a period of 3 years after completion of the project. All records will satisfy the requirements of 14 CFR part 158 and will contain documentary evidence for all items of project costs.
11. Reports. It will submit reports in accordance with the requirements of 14 CFR part 158, subpart D, and as the Administrator may reasonably request.
12. Airport Noise and Capacity Act of 1990. It understands 49 U.S.C. 47524 and 47526 require the authority to impose a PFC be terminated if the Administrator determines the public agency has failed to comply with that act or with the implementing regulations promulgated thereunder.
49 U.S.C. 106(g), 47523-47527, 47533.
This part implements the Airport Noise and Capacity Act of 1990 (49 U.S.C. App. 2153, 2154, 2155, and 2156). It prescribes:
(a) Notice requirements and procedures for airport operators implementing Stage 3 aircraft noise and access restrictions pursuant to agreements between airport operators and aircraft operators;
(b) Analysis and notice requirements for airport operators proposing Stage 2 aircraft noise and access restrictions;
(c) Notice, review, and approval requirements for airport operators proposing Stage 3 aircraft noise and access restrictions; and
(d) Procedures for Federal Aviation Administration reevaluation of agreements containing restrictions on Stage 3 aircraft operations and of aircraft noise and access restrictions affecting Stage 3 aircraft operations imposed by airport operators.
(a) This part applies to airports imposing restrictions on Stage 2 aircraft operations proposed after October 1,
(b) This part also applies to airports enacting amendments to airport noise and access restrictions in effect on October 1, 1990, but amended after that date, where the amendment reduces or limits aircraft operations or affects aircraft safety.
(c) The notice, review, and approval requirements set forth in this part apply to all airports imposing noise or access restrictions as defined in § 161.5 of this part.
For the purposes of this part, the following definitions apply:
(a) Aircraft operational procedures that must be submitted for adoption by the FAA, such as preferential runway use, noise abatement approach and departure procedures and profiles, and flight tracks, are not subject to this part. Other noise abatement procedures, such as taxiing and engine runups, are not subject to this part unless the procedures imposed limit the total number of Stage 2 or Stage 3 aircraft operations, or limit the hours of Stage 2 or Stage 3 aircraft operations, at the airport.
(b) The notice, review, and approval requirements set forth in this part do not apply to airports with restrictions as specified in 49 U.S.C. App. 2153(a)(2)(C):
(1) A local action to enforce a negotiated or executed airport aircraft noise or access agreement between the airport operator and the aircraft operator in effect on November 5, 1990.
(2) A local action to enforce a negotiated or executed airport aircraft noise or access restriction the airport operator and the aircraft operators agreed to before November 5, 1990.
(3) An intergovernmental agreement including airport aircraft noise or access restriction in effect on November 5, 1990.
(4) A subsequent amendment to an airport aircraft noise or access agreement or restriction in effect on November 5, 1990, where the amendment does not reduce or limit aircraft operations or affect aircraft safety.
(5) A restriction that was adopted by an airport operator on or before October 1, 1990, and that was stayed as of October 1, 1990, by a court order or as a result of litigation, if such restriction, or a part thereof, is subsequently allowed by a court to take effect.
(6) In any case in which a restriction described in paragraph (b)(5) of this section is either partially or totally disallowed by a court, any new restriction imposed by an airport operator to replace such disallowed restriction, if such new restriction would not prohibit aircraft operations in effect on November 5, 1990.
(7) A local action that represents the adoption of the final portion of a program of a staged airport aircraft noise or access restriction, where the initial portion of such program was adopted during calendar year 1988 and was in effect on November 5, 1990.
(c) The notice, review, and approval requirements of subpart D of this part with regard to Stage 3 aircraft restrictions do not apply if the FAA has, prior to November 5, 1990, formed a working group (outside of the process established by 14 CFR part 150) with a local airport operator to examine the noise impact of air traffic control procedure changes. In any case in which an agreement relating to noise reductions at such airport is then entered into between the airport proprietor and an air carrier or air carrier constituting a majority of the air carrier users of such airport, the requirements of subparts B and D of this part with respect to restrictions on Stage 3 aircraft operations do apply to local actions to enforce such agreements.
(d) Except to the extent required by the application of the provisions of the Act, nothing in this part eliminates, invalidates, or supersedes the following:
(1) Existing law with respect to airport noise or access restrictions by local authorities;
(2) Any proposed airport noise or access regulation at a general aviation airport where the airport proprietor has formally initiated a regulatory or legislative process on or before October 1, 1990; and
(3) The authority of the Secretary of Transportation to seek and obtain such legal remedies as the Secretary considers appropriate, including injunctive relief.
For purposes of this part, the following requirements apply:
(a) The sound level at an airport and surrounding areas, and the exposure of individuals to noise resulting from operations at an airport, must be established in accordance with the specifications and methods prescribed under appendix A of 14 CFR part 150; and
(b) Use of computer models to create noise contours must be in accordance with the criteria prescribed under appendix A of 14 CFR part 150.
For the purposes of this part, uses of land that are normally compatible or noncompatible with various noise-exposure levels to individuals around airports must be identified in accordance with the criteria prescribed under appendix A of 14 CFR part 150. Determination of land use must be based on professional planning, zoning, and building and site design information and expertise.
(a) This subpart applies to an airport operator's noise or access restriction on the operation of Stage 3 aircraft that is implemented pursuant to an agreement between an airport operator and all aircraft operators affected by the proposed restriction that are serving or will be serving such airport within 180 days of the date of the proposed restriction.
(b) For purposes of this subpart, an agreement shall be in writing and signed by:
(1) The airport operator;
(2) Those aircraft operators currently operating at the airport who would be affected by the noise or access restriction; and
(3) All new entrants that have submitted the information required under § 161.105(a) of this part.
(c) This subpart does not apply to restrictions exempted in § 161.7 of this part.
(d) This subpart does not limit the right of an airport operator to enter into an agreement with one or more aircraft operators that restricts the operation of Stage 2 or Stage 3 aircraft as long as the restriction is not enforced against aircraft operators that are not party to the agreement. Such an agreement is not covered by this subpart except that an aircraft operator may apply for sanctions pursuant to subpart F of this part for restrictions the airport operator seeks to impose other than those in the agreement.
(a) An airport operator may not implement a Stage 3 restriction pursuant to an agreement with all affected aircraft operators unless there has been public notice and an opportunity for comment as prescribed in this subpart.
(b) In order to establish a restriction in accordance with this subpart, the airport operator shall, at least 45 days before implementing the restriction, publish a notice of the proposed restriction in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport vicinity or airport noise study area, if one has been delineated; post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties:
(1) Aircraft operators providing scheduled passenger or cargo service at the airport; affected operators of aircraft based at the airport; potential new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely providing non-scheduled service;
(2) The Federal Aviation Administration;
(3) Each Federal, state, and local agency with land use control jurisdiction within the vicinity of the airport, or the airport noise study area, if one has been delineated;
(4) Fixed-base operators and other airport tenants whose operations may be affected by the proposed restriction; and
(5) Community groups and business organizations that are known to be interested in the proposed restriction.
(c) Each direct notice provided in accordance with paragraph (b) of this section shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the proposed restriction, including sanctions for noncompliance and a statement that it will be implemented pursuant to a signed agreement;
(3) A brief discussion of the specific need for and goal of the proposed restriction;
(4) Identification of the operators and the types of aircraft expected to be affected;
(5) The proposed effective date of the restriction and any proposed enforcement mechanism;
(6) An invitation to comment on the proposed restriction, with a minimum 45-day comment period;
(7) Information on how to request copies of the restriction portion of the agreement, including any sanctions for noncompliance;
(8) A notice to potential new entrant aircraft operators that are known to be interested in serving the airport of the requirements set forth in § 161.105 of this part; and
(9) Information on how to submit a new entrant application, comments, and the address for submitting applications and comments to the airport operator, including identification of a contact person at the airport.
(d) The Federal Aviation Administration will publish an announcement of the proposed restriction in the
(a) Within 45 days of the publication of the notice of a proposed restriction by the airport operator under § 161.103(b) of this part, any person intending to provide new air service to the airport within 180 days of the proposed date of implementation of the restriction (as evidenced by submission of a plan of operations to the airport operator) must notify the airport operator if it would be affected by the restriction contained in the proposed agreement, and either that it—
(1) Agrees to the restriction; or
(2) Objects to the restriction.
(b) Failure of any person described in § 161.105(a) of this part to notify the airport operator that it objects to the proposed restriction will constitute waiver of the right to claim that it did not consent to the agreement and render that person ineligible to use lack of signature as ground to apply for sanctions under subpart F of this part for two years following the effective date of the restriction. The signature of such a person need not be obtained by the airport operator in order to comply with § 161.107(a) of this part.
(c) All other new entrants are also ineligible to use lack of signature as ground to apply for sanctions under subpart F of this part for two years.
(a) To be eligible to implement a Stage 3 noise or access restriction under this subpart, an airport operator shall have the restriction contained in an agreement as defined in § 161.101(b) of this part.
(b) An airport operator may not implement a restriction pursuant to an agreement until the notice and comment requirements of § 161.103 of this part have been met.
(c) Each airport operator must notify the Federal Aviation Administration of the implementation of a restriction pursuant to an agreement and must include in the notice evidence of compliance with § 161.103 and a copy of the signed agreement.
An airport operator must notify the FAA within 10 days of the date of termination of a restriction pursuant to an agreement under this subpart.
The airport operator shall retain all relevant supporting data and all comments relating to a restriction implemented pursuant to an agreement for as long as the restriction is in effect. The airport operator shall make these materials available for inspection upon request by the FAA. The information shall be made available for inspection by any person during the pendency of any petition for reevaluation found justified by the FAA.
(a) Except as otherwise provided in this subpart, a restriction implemented by an airport operator pursuant to this subpart shall have the same force and
(b) A restriction implemented by an airport operator pursuant to this subpart may be subject to reevaluation by the FAA under subpart E of this part.
(a) This subpart applies to:
(1) An airport imposing a noise or access restriction on the operation of Stage 2 aircraft, but not Stage 3 aircraft, proposed after October 1, 1990.
(2) An airport imposing an amendment to a Stage 2 restriction, if the amendment is proposed after October 1, 1990, and reduces or limits Stage 2 aircraft operations (compared to the restriction that it amends) or affects aircraft safety.
(b) This subpart does not apply to an airport imposing a Stage 2 restriction specifically exempted in § 161.7 or a Stage 2 restriction contained in an agreement as long as the restriction is not enforced against aircraft operators that are not parties to the agreement.
(a) An airport operator may not implement a Stage 2 restriction within the scope of § 161.201 unless the airport operator provides an analysis of the proposed restriction, prepared in accordance with § 161.205, and a public notice and opportunity for comment as prescribed in this subpart. The notice and analysis required by this subpart shall be completed at least 180 days prior to the effective date of the restriction.
(b) Except as provided in § 161.211, an airport operator must publish a notice of the proposed restriction in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport noise study area; post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties:
(1) Aircraft operators providing scheduled passenger or cargo service at the airport; operators of aircraft based at the airport; potential new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely providing nonscheduled service that may be affected by the proposed restriction;
(2) The Federal Aviation Administration;
(3) Each Federal, state, and local agency with land-use control jurisdiction within the airport noise study area;
(4) Fixed-base operators and other airport tenants whose operations may be affected by the proposed restriction; and
(5) Community groups and business organizations that are known to be interested in the proposed restriction.
(c) Each notice provided in accordance with paragraph (b) of this section shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the proposed restriction, including a statement that it will be a mandatory Stage 2 restriction, and where the complete text of the restriction, and any sanctions for noncompliance, are available for public inspection;
(3) A brief discussion of the specific need for, and goal of, the restriction;
(4) Identification of the operators and the types of aircraft expected to be affected;
(5) The proposed effective date of the restriction, the proposed method of implementation (e.g., city ordinance, airport rule, lease), and any proposed enforcement mechanism;
(6) An analysis of the proposed restriction, as required by § 161.205 of this subpart, or an announcement of where the analysis is available for public inspection;
(7) An invitation to comment on the proposed restriction and analysis, with a minimum 45-day comment period;
(8) Information on how to request copies of the complete text of the proposed restriction, including any sanctions for noncompliance, and the analysis (if not included with the notice); and
(9) The address for submitting comments to the airport operator, including identification of a contact person at the airport.
(d) At the time of notice, the airport operator shall provide the FAA with a full text of the proposed restriction, including any sanctions for noncompliance.
(e) The Federal Aviation Administration will publish an announcement of the proposed Stage 2 restriction in the
(a) Each airport operator proposing a noise or access restriction on Stage 2 aircraft operations shall prepare the following and make it available for public comment:
(1) An analysis of the anticipated or actual costs and benefits of the proposed noise or access restriction;
(2) A description of alternative restrictions; and
(3) A description of the alternative measures considered that do not involve aircraft restrictions, and a comparison of the costs and benefits of such alternative measures to costs and benefits of the proposed noise or access restriction.
(b) In preparing the analyses required by this section, the airport operator shall use the noise measurement systems and identify the airport noise study area as specified in §§ 161.9 and 161.11, respectively; shall use currently accepted economic methodology; and shall provide separate detail on the costs and benefits of the proposed restriction with respect to the operations of Stage 2 aircraft weighing less than 75,000 pounds if the restriction applies to this class. The airport operator shall specify the methods used to analyze the costs and benefits of the proposed restriction and the alternatives.
(c) The kinds of information set forth in § 161.305 are useful elements of an adequate analysis of a noise or access restriction on Stage 2 aircraft operations.
Each airport operator shall establish a public docket or similar method for receiving and considering comments, and shall make comments available for inspection by interested parties upon request. Comments must be retained as long as the restriction is in effect.
(a) Each airport operator shall promptly advise interested parties of any changes to a proposed restriction, including changes that affect noncompatible land uses, and make available any changes to the proposed restriction and its analysis. Interested parties include those that received direct notice under § 161.203(b), or those that were required to be consulted in accordance with the procedures in § 161.211 of this part, and those that have commented on the proposed restriction.
(b) If there are substantial changes to the proposed restriction or the analysis during the 180-day notice period, the airport operator shall initiate new notice following the procedures in § 161.203 or, alternatively, the procedures in § 161.211. A substantial change includes, but is not limited to, a proposal that would increase the burden on any aviation user class.
(c) In addition to the information in § 161.203(c), new notice must indicate that the airport operator is revising a previous notice, provide the reason for making the revision, and provide a new effective date (if any) for the restriction. The effective date of the restriction must be at least 180 days after the date the new notice and revised analysis are made available for public comment.
(a) An airport operator may use the procedures in part 150 of this chapter, instead of the procedures described in §§ 161.203(b) and 161.209(b), as a means of providing an adequate public notice and comment opportunity on a proposed Stage 2 restriction.
(b) If the airport operator elects to use 14 CFR part 150 procedures to comply with this subpart, the operator shall:
(1) Ensure that all parties identified for direct notice under § 161.203(b) are
(2) Provide the FAA with a full text of the proposed restriction, including any sanctions for noncompliance, at the time of the notice;
(3) Include the information in § 161.203 (c)(2) through (c)(5) and 161.205 in the analysis of the proposed restriction for the part 14 CFR part 150 program;
(4) Wait 180 days following the availability of the above analysis for review by the consulted parties and compliance with the above notice requirements before implementing the Stage 2 restriction; and
(5) Include in its 14 CFR part 150 submission to the FAA evidence of compliance with paragraphs (b)(1) and (b)(4) of this section, and the analysis in paragraph (b)(3) of this section, together with a clear identification that the 14 CFR part 150 program includes a proposed Stage 2 restriction under part 161.
(c) The FAA determination on the 14 CFR part 150 submission does not constitute approval or disapproval of the proposed Stage 2 restriction under part 161.
(d) An amendment of a restriction may also be processed under 14 CFR part 150 procedures in accordance with this section.
If a proposed restriction has been through the procedures prescribed in this subpart and the restriction is not subsequently implemented, the airport operator shall so advise the interested parties. Interested parties are described in § 161.209(a).
(a) This subpart applies to:
(1) An airport imposing a noise or access restriction on the operation of Stage 3 aircraft that first became effective after October 1, 1990.
(2) An airport imposing an amendment to a Stage 3 restriction, if the amendment becomes effective after October 1, 1990, and reduces or limits Stage 3 aircraft operations (compared to the restriction that it amends) or affects aircraft safety.
(b) This subpart does not apply to an airport imposing a Stage 3 restriction specifically exempted in § 161.7, or an agreement complying with subpart B of this part.
(c) A Stage 3 restriction within the scope of this subpart may not become effective unless it has been submitted to and approved by the FAA. The FAA will review only those Stage 3 restrictions that are proposed by, or on behalf of, an entity empowered to implement the restriction.
(a) Each airport operator or aircraft operator (hereinafter referred to as applicant) proposing a Stage 3 restriction shall provide public notice and an opportunity for public comment, as prescribed in this subpart, before submitting the restriction to the FAA for review and approval.
(b) Except as provided in § 161.321, an applicant shall publish a notice of the proposed restriction in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport noise study area; post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties:
(1) Aircraft operators providing scheduled passenger or cargo service at the airport; operators of aircraft based at the airport; potential new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely providing nonscheduled service that may be affected by the proposed restriction;
(2) The Federal Aviation Administration;
(3) Each Federal, state, and local agency with land-use control jurisdiction within the airport noise study area;
(4) Fixed-base operators and other airport tenants whose operations may be affected by the proposed restriction; and
(5) Community groups and business organizations that are known to be interested in the proposed restriction.
(c) Each notice provided in accordance with paragraph (b) of this section shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the proposed restriction (and any alternatives, in order of preference), including a statement that it will be a mandatory Stage 3 restriction; and where the complete text of the restriction, and any sanctions for noncompliance, are available for public inspection;
(3) A brief discussion of the specific need for, and goal of, the restriction;
(4) Identification of the operators and types of aircraft expected to be affected;
(5) The proposed effective date of the restriction, the proposed method of implementation (e.g., city ordinance, airport rule, lease, or other document), and any proposed enforcement mechanism;
(6) An analysis of the proposed restriction, in accordance with § 161.305 of this part, or an announcement regarding where the analysis is available for public inspection;
(7) An invitation to comment on the proposed restriction and the analysis, with a minimum 45-day comment period;
(8) Information on how to request a copy of the complete text of the restriction, including any sanctions for noncompliance, and the analysis (if not included with the notice); and
(9) The address for submitting comments to the airport operator or aircraft operator proposing the restriction, including identification of a contact person.
(d) Applicants may propose alternative restrictions, including partial implementation of any proposal, and indicate an order of preference. If alternative restriction proposals are submitted, the requirements listed in paragraphs (c)(2) through (c)(6) of this section should address the alternative proposals where appropriate.
Each applicant proposing a noise or access restriction on Stage 3 operations shall prepare and make available for public comment an analysis that supports, by substantial evidence, that the six statutory conditions for approval have been met for each restriction and any alternatives submitted. The statutory conditions are set forth in 49 U.S.C. App. 2153(d)(2) and paragraph (e) of this section. Any proposed restriction (including alternatives) on Stage 3 aircraft operations that also affects the operation of Stage 2 aircraft must include analysis of the proposals in a manner that permits the proposal to be understood in its entirety. (Nothing in this section is intended to add a requirement for the issuance of restrictions on Stage 2 aircraft to those of subpart C of this part.) The applicant shall provide:
(a) The complete text of the proposed restriction and any submitted alternatives, including the proposed wording in a city ordinance, airport rule, lease, or other document, and any sanctions for noncompliance;
(b) Maps denoting the airport geographic boundary, and the geographic boundaries and names of each jurisdiction that controls land use within the airport noise study area;
(c) An adequate environmental assessment of the proposed restriction or adequate information supporting a categorical exclusion in accordance with FAA orders and procedures regarding compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321);
(d) A summary of the evidence in the submission supporting the six statutory conditions for approval; and
(e) An analysis of the restriction, demonstrating by substantial evidence that the statutory conditions are met. The analysis must:
(1) Be sufficiently detailed to allow the FAA to evaluate the merits of the proposed restriction; and
(2) Contain the following essential elements needed to provide substantial evidence supporting each condition for approval:
(i)
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(B) At the applicant's discretion, information may also be submitted as follows:
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(ii)
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(B) At the applicant's discretion, information may also be submitted as follows:
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(iii)
(A) Identification of airspace and obstacles to navigation in the vicinity of the airport; and
(B) An analysis of the effects of the proposed restriction with respect to
(iv)
(A) Exclusive rights;
(B) Control of aircraft operations; and
(C) Existing Federal grant agreements.
(v)
(vi)
(A) An analysis demonstrating that the proposed restriction does not have a substantial adverse effect on existing or planned airport system capacity, on observed or forecast airport system congestion and aircraft delay, and on airspace system capacity or workload;
(B) An analysis demonstrating that nonaircraft alternative measures to achieve the same goals as the proposed subject restrictions are inappropriate;
(C) The absence of comments with respect to imposition of an undue burden on the national aviation system in response to the notice required in § 161.303 or § 161.321.
(a) Each applicant proposing a restriction shall establish a public docket or similar method for receiving and considering comments, and shall make comments available for inspection by interested parties upon request. Comments must be retained as long as the restriction is in effect.
(b) Each applicant shall submit to the FAA a summary of any comments received. Upon request by the FAA, the applicant shall submit copies of the comments.
(a) Each applicant shall promptly advise interested parties of any changes to a proposed restriction or alternative restriction that are not encompassed in the proposals submitted, including changes that affect noncompatible land uses or that take place before the effective date of the restriction, and make available these changes to the proposed restriction and its analysis. For the purpose of this paragraph, interested parties include those who received direct notice under § 161.303(b) of this part, or those who were required to be consulted in accordance with the procedures in § 161.321 of this part, and those who commented on the proposed restriction.
(b) If there are substantial changes to a proposed restriction or the analysis made available prior to the effective date of the restriction, the applicant proposing the restriction shall initiate new notice in accordance with the procedures in § 161.303 or, alternatively, the procedures in § 161.321. These requirements apply to substantial changes that are not encompassed in submitted alternative restriction proposals and their analyses. A substantial change to a restriction includes, but is not limited to, any proposal that would increase the burden on any aviation user class.
(c) In addition to the information in § 161.303(c), a new notice must indicate that the applicant is revising a previous notice, provide the reason for making the revision, and provide a new effective date (if any) for the restriction.
(d) If substantial changes requiring a new notice are made during the FAA's 180-day review of the proposed restriction, the applicant submitting the proposed restriction shall notify the FAA
Each applicant proposing a Stage 3 restriction shall submit to the FAA the following information for each restriction and alternative restriction submitted, with a request that the FAA review and approve the proposed Stage 3 noise or access restriction:
(a) A summary of evidence of the fulfillment of conditions for approval, as specified in § 161.305;
(b) An analysis as specified in § 161.305, as appropriate to the proposed restriction;
(c) A statement that the entity submitting the proposal is the party empowered to implement the restriction, or is submitting the proposal on behalf of such party; and
(d) A statement as to whether the airport requests, in the event of disapproval of the proposed restriction or any alternatives, that the FAA approve any portion of the restriction or any alternative that meets the statutory requirements for approval. An applicant requesting partial approval of any proposal should indicate its priorities as to portions of the proposal to be approved.
(a)
(b)
(1) The FAA notifies the applicant that it intends to act on the proposed restriction and publishes notice of the proposed restriction in the
(2) Following review of the application, public comments, and any other information obtained under § 161.317(b), the FAA will issue a decision approving or disapproving the proposed restriction. This decision is a final decision of the Administrator for purpose of judicial review.
(c)
(1) The FAA shall notify the applicant in writing, returning the application and setting forth the type of information and analysis needed to complete the application in accordance with § 161.311.
(2) Within 30 days after the receipt of this notice, the applicant shall advise the FAA in writing whether or not it intends to resubmit and supplement its application.
(3) If the applicant does not respond in 30 days, or advises the FAA that it does not intend to resubmit and/or supplement the application, the application will be denied. This closes the matter without prejudice to later application and does not constitute disapproval of the proposed restriction.
(4) If the applicant chooses to resubmit and supplement the application, the following procedures apply:
(i) Upon receipt of the resubmitted application, the FAA determines whether the application, as supplemented, is complete as set forth in paragraph (a) of this section.
(ii) If the application is complete, the procedures set forth in § 161.315 shall be followed. The 180-day review period starts on the date of receipt of the last supplement to the application.
(iii) If the application is still not complete with respect to the proposed restriction or at least one submitted alternative, the FAA so advises the applicant as set forth in paragraph (c)(1) of this section and provides the applicant with an additional opportunity to supplement the application as set forth in paragraph (c)(2) of this section.
(iv) If the environmental documentation (either an environmental assessment or information supporting a categorical exclusion) is incomplete, the FAA will so notify the applicant in writing, returning the application and setting forth the types of information and analysis needed to complete the documentation. The FAA will continue to return an application until adequate environmental documentation is provided. When the application is determined to be complete, including the environmental documentation, the 180-day period for approval or disapproval will begin upon receipt of the last supplement to the application.
(v) Following review of the application and its supplements, public comments, and any other information obtained under § 161.317(b), the FAA will issue a decision approving or disapproving the application. This decision is a final decision of the Administrator for the purpose of judicial review.
(5) The FAA will deny the application and return it to the applicant if:
(i) None of the proposals submitted are found to be complete;
(ii) The application has been returned twice to the applicant for reasons other than completion of the environmental documentation; and
(iii) The applicant declines to complete the application. This closes the matter without prejudice to later application, and does not constitute disapproval of the proposed restriction.
(a) When a complete application has been received, the FAA will notify the applicant by letter that the FAA intends to act on the application.
(b) The FAA will publish notice of the proposed restriction in the
(a) Upon determination that an application is complete with respect to at least one of the proposals submitted by the applicant, the FAA will act upon the complete proposals in the application. The FAA will not act on any proposal for which the applicant has declined to submit additional necessary information.
(b) The FAA will review the applicant's proposals in the preference order specified by the applicant. The FAA may request additional information from aircraft operators, or any other party, and may convene an informal meeting to gather facts relevant to its determination.
(c) The FAA will evaluate the proposal and issue an order approving or disapproving the proposed restriction and any submitted alternatives, in whole or in part, in the order of preference indicated by the applicant. Once the FAA approves a proposed restriction, the FAA will not consider any proposals of lower applicant-stated preference. Approval or disapproval will be given by the FAA within 180 days after receipt of the application or last supplement thereto under § 161.313. The FAA will publish its decision in the
(d) The applicant's failure to provide substantial evidence supporting the statutory conditions for approval of a particular proposal is grounds for disapproval of that proposed restriction.
(e) The FAA will approve or disapprove only the Stage 3 aspects of a restriction if the restriction applies to both Stage 2 and Stage 3 aircraft operations.
(f) An order approving a restriction may be subject to requirements that the applicant:
(1) Comply with factual representations and commitments in support of the restriction; and
(2) Ensure that any environmental mitigation actions or commitments by any party that are set forth in the environmental documentation provided in support of the restriction are implemented.
(a) The applicant may withdraw or revise a proposed restriction at any time prior to FAA approval or disapproval, and must do so if substantial changes are made as described in
(b) A subsequent amendment to a Stage 3 restriction that was in effect after October 1, 1990, or an amendment to a Stage 3 restriction previously approved by the FAA, is subject to the procedures in this subpart if the amendment will further reduce or limit aircraft operations or affect aircraft safety. The applicant may, at its option, revise or amend a restriction previously disapproved by the FAA and resubmit it for approval. Amendments are subject to the same requirements and procedures as initial submissions.
(a) An airport operator may use the procedures in part 150 of this chapter, instead of the procedures described in §§ 161.303(b) and 161.309(b) of this part, as a means of providing an adequate public notice and opportunity to comment on proposed Stage 3 restrictions, including submitted alternatives.
(b) If the airport operator elects to use 14 CFR part 150 procedures to comply with this subpart, the operator shall:
(1) Ensure that all parties identified for direct notice under § 161.303(b) are notified that the airport's 14 CFR part 150 program submission will include a proposed Stage 3 restriction under part 161, and that these parties are offered the opportunity to participate as consulted parties during the development of the 14 CFR part 150 program;
(2) Include the information required in § 161.303(c) (2) through (5) and § 161.305 in the analysis of the proposed restriction in the 14 CFR part 150 program submission; and
(3) Include in its 14 CFR part 150 submission to the FAA evidence of compliance with the notice requirements in paragraph (b)(1) of this section and include the information required for a part 161 application in § 161.311, together with a clear identification that the 14 CFR part 150 submission includes a proposed Stage 3 restriction for FAA review and approval under §§ 161.313, 161.315, and 161.317.
(c) The FAA will evaluate the proposed part 161 restriction on Stage 3 aircraft operations included in the 14 CFR part 150 submission in accordance with the procedures and standards of this part, and will review the total 14 CFR part 150 submission in accordance with the procedures and standards of 14 CFR part 150.
(d) An amendment of a restriction, as specified in § 161.319(b) of this part, may also be processed under 14 CFR part 150 procedures.
If a Stage 3 restriction has been approved by the FAA and the restriction is not subsequently implemented, the applicant shall so advise the interested parties specified in § 161.309(a) of this part.
The applicant shall retain all relevant supporting data and all comments relating to an approved restriction for as long as the restriction is in effect and shall make these materials available for inspection upon request by the FAA. This information shall be made available for inspection by any person during the pendency of any petition for reevaluation found justified by the FAA.
This subpart applies to an airport imposing a noise or access restriction on the operation of Stage 3 aircraft that first became effective after October 1, 1990, and had either been agreed to in compliance with the procedures in subpart B of this part or approved by the FAA in accordance with the procedures in subpart D of this part. This subpart does not apply to Stage 2 restrictions imposed by airports. This subpart does not apply to Stage 3 restrictions specifically exempted in § 161.7.
(a) A request for reevaluation must be submitted by an aircraft operator.
(b) An aircraft operator must demonstrate to the satisfaction of the FAA that there has been a change in the noise environment of the affected airport and that a review and reevaluation pursuant to the criteria in § 161.305 is therefore justified.
(1) A change in the noise environment sufficient to justify reevaluation is either a DNL change of 1.5 dB or greater (from the restriction's anticipated target noise level result) over noncompatible land uses, or a change of 17 percent or greater in the noncompatible land uses, within an airport noise study area. For approved restrictions, calculation of change shall be based on the divergence of actual noise impact of the restriction from the estimated noise impact of the restriction predicted in the analysis required in § 161.305(e)(2)(i)(A)(
(2) A change in the noise environment justifies reevaluation if the change is likely to result in the restriction not meeting one or more of the conditions for approval set forth in § 161.305 of this part for approval. The aircraft operator must demonstrate that such a result is likely to occur.
(c) A reevaluation may not occur less than 2 years after the date of the FAA approval. The FAA will normally apply the same 2-year requirement to agreements under subpart B of this part that affect Stage 3 aircraft operations. An aircraft operator may submit to the FAA reasons why an agreement under subpart B of this part should be reevaluated in less than 2 years, and the FAA will consider such arguments on a case-by-case basis.
(d) An aircraft operator must demonstrate that it has made a good faith attempt to resolve locally any dispute over a restriction with the affected parties, including the airport operator, before requesting reevaluation by the FAA. Such demonstration and certification shall document all attempts of local dispute resolution.
(a) A request for reevaluation submitted to the FAA by an aircraft operator must include the following information:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the restriction and any sanctions for noncompliance, whether the restriction was approved by the FAA or agreed to by the airport operator and aircraft operators, the date of the approval or agreement, and a copy of the restriction as incorporated in a local ordinance, airport rule, lease, or other document;
(3) The quantified change in the noise environment using methodology specified in this part;
(4) Evidence of the relationship between this change and the likelihood that the restriction does not meet one or more of the conditions in § 161.305;
(5) The aircraft operator's status under the restriction (e.g., currently affected operator, potential new entrant) and an explanation of the aircraft operator's specific objection; and
(6) A description and evidence of the aircraft operator's attempt to resolve the dispute locally with the affected parties, including the airport operator.
(b) The FAA will evaluate the aircraft operator's submission and determine whether or not a reevaluation is justified. The FAA may request additional information from the airport operator or any other party and may convene an informal meeting to gather facts relevant to its determination.
(c) The FAA will notify the aircraft operator in writing, with a copy to the affected airport operator, of its determination.
(1) If the FAA determines that a reevaluation is not justified, it will indicate the reasons for this decision.
(2) If the FAA determines that a reevaluation is justified, the aircraft operator will be notified to complete its
(a) After receiving an FAA determination that a reevaluation is justified, an aircraft operator desiring continuation of the reevaluation process shall publish a notice of request for reevaluation in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport noise study area (or the airport vicinity for agreements where an airport noise study area has not been delineated); post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties:
(1) The airport operator, other aircraft operators providing scheduled passenger or cargo service at the airport, operators of aircraft based at the airport, potential new entrants that are known to be interested in serving the airport, and aircraft operators known to be routinely providing nonscheduled service;
(2) The Federal Aviation Administration;
(3) Each Federal, State, and local agency with land-use control jurisdiction within the airport noise study area (or the airport vicinity for agreements where an airport noise study area has not been delineated);
(4) Fixed-base operators and other airport tenants whose operations may be affected by the agreement or the restriction;
(5) Community groups and business organizations that are known to be interested in the restriction; and
(6) Any other party that commented on the original restriction.
(b) Each notice provided in accordance with paragraph (a) of this section shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the restriction, including whether the restriction was approved by the FAA or agreed to by the airport operator and aircraft operators, and the date of the approval or agreement;
(3) The name of the aircraft operator requesting a reevaluation, and a statement that a reevaluation has been requested and that the FAA has determined that a reevaluation is justified;
(4) A brief discussion of the reasons why a reevaluation is justified;
(5) An analysis prepared in accordance with § 161.409 of this part supporting the aircraft operator's reevaluation request, or an announcement of where the analysis is available for public inspection;
(6) An invitation to comment on the analysis supporting the proposed reevaluation, with a minimum 45-day comment period;
(7) Information on how to request a copy of the analysis (if not in the notice); and
(8) The address for submitting comments to the aircraft operator, including identification of a contact person.
(a) An aircraft operator that has petitioned the FAA to reevaluate a restriction shall assume the burden of analysis for the reevaluation.
(b) The aircraft operator's analysis shall be made available for public review under the procedures in § 161.407 and shall include the following:
(1) A copy of the restriction or the language of the agreement as incorporated in a local ordinance, airport rule, lease, or other document;
(2) The aircraft operator's status under the restriction (e.g., currently affected operator, potential new entrant) and an explanation of the aircraft operator's specific objection to the restriction;
(3) The quantified change in the noise environment using methodology specified in this part;
(4) Evidence of the relationship between this change and the likelihood that the restriction does not meet one or more of the conditions in § 161.305; and
(5) Sufficient data and analysis selected from § 161.305, as applicable to the restriction at issue, to support the contention made in paragraph (b)(4) of this section. This is to include either an adequate environmental assessment of the impacts of discontinuing all or part of a restriction in accordance with
(c) The amount of analysis may vary with the complexity of the restriction, the number and nature of the conditions in § 161.305 that are alleged to be unsupported, and the amount of previous analysis developed in support of the restriction. The aircraft operator may incorporate analysis previously developed in support of the restriction, including previous environmental documentation to the extent applicable. The applicant is responsible for providing substantial evidence, as described in § 161.305, that one or more of the conditions are not supported.
(a) Each aircraft operator requesting a reevaluation shall establish a docket or similar method for receiving and considering comments and shall make comments available for inspection to interested parties specified in paragraph (b) of this section upon request. Comments must be retained for two years.
(b) Each aircraft operator shall promptly notify interested parties if it makes a substantial change in its analysis that affects either the costs or benefits analyzed, or the criteria in § 161.305, differently from the analysis made available for comment in accordance with § 161.407. Interested parties include those who received direct notice under paragraph (a) of § 161.407 and those who have commented on the reevaluation. If an aircraft operator revises its analysis, it shall make the revised analysis available to an interested party upon request and shall extend the comment period at least 45 days from the date the revised analysis is made available.
(a) Each aircraft operator requesting a reevaluation shall submit to the FAA:
(1) The analysis described in § 161.409;
(2) Evidence that the public review process was carried out in accordance with §§ 161.407 and 161.411, including the aircraft operator's summary of the comments received; and
(3) A request that the FAA complete a reevaluation of the restriction and issue findings.
(b) Following confirmation by the FAA that the aircraft operator's documentation is complete according to the requirements of this subpart, the FAA will publish a notice of reevaluation in the
(c) The FAA will review all submitted documentation and comments pursuant to the conditions of § 161.305. To the extent necessary, the FAA may request additional information from the aircraft operator, airport operator, and others known to have information material to the reevaluation, and may convene an informal meeting to gather facts relevant to a reevaluation finding.
(a) Upon completing the reevaluation, the FAA will issue appropriate orders regarding whether or not there is substantial evidence that the restriction meets the criteria in § 161.305 of this part.
(b) If the FAA's reevaluation confirms that the restriction meets the criteria, the restriction may remain as previously agreed to or approved. If the FAA's reevaluation concludes that the restriction does not meet the criteria, the FAA will withdraw a previous approval of the restriction issued under subpart D of this part to the extent necessary to bring the restriction into compliance with this part or, with respect to a restriction agreed to under subpart B of this part, the FAA will specify which criteria are not met.
(c) The FAA will publish a notice of its reevaluation findings in the
If the FAA has withdrawn all or part of a previous approval made under subpart D of this part, the relevant portion of the Stage 3 restriction must be rescinded. The operator of the affected airport shall notify the FAA of the operator's action with regard to a restriction affecting Stage 3 aircraft operations that has been found not to meet the criteria of § 161.305. Restrictions in agreements determined by the FAA not to meet conditions for approval may not be enforced with respect to Stage 3 aircraft operations.
(a) This subpart describes the procedures to terminate eligibility for airport grant funds and authority to impose or collect passenger facility charges for an airport operator's failure to comply with the Airport Noise and Capacity Act of 1990 (49 U.S.C. App. 2151
(b) Under no conditions shall any airport operator receive revenues under the provisions of the Airport and Airway Improvement Act of 1982 or impose or collect a passenger facility charge under section 1113(e) of the Federal Aviation Act of 1958 if the FAA determines that the airport is imposing any noise or access restriction not in compliance with the Airport Noise and Capacity Act of 1990 or this part. Recision of, or a commitment in writing signed by an authorized official of the airport operator to rescind or permanently not enforce, a noncomplying restriction will be treated by the FAA as action restoring compliance with the Airport Noise and Capacity Act of 1990 or this part with respect to that restriction.
Prior to the initiation of formal action to terminate eligibility for airport grant funds or authority to impose or collect passenger facility charges under this subpart, the FAA shall undertake informal resolution with the airport operator to assure compliance with the Airport Noise and Capacity Act of 1990 or this part upon receipt of a complaint or other evidence that an airport operator has taken action to impose a noise or access restriction that appears to be in violation. This shall not preclude a FAA application for expedited judicial action for other than termination of airport grants and passenger facility charges to protect the national aviation system and violated federal interests. If informal resolution is not successful, the FAA will notify the airport operator in writing of the apparent violation. The airport operator shall respond to the notice in writing not later than 20 days after receipt of the notice, and also state whether the airport operator will agree to defer implementation or enforcement of its noise or access restriction until completion of the process under this subpart to determine compliance.
(a) The FAA begins proceedings under this section to terminate an airport operator's eligibility for airport grant funds and authority to impose or collect passenger facility charges only if the FAA determines that informal resolution is not successful.
(b) The following procedures shall apply if an airport operator agrees in writing, within 20 days of receipt of the FAA's notice of apparent violation under § 161.503, to defer implementation or enforcement of a noise or access restriction until completion of the process under this subpart to determine compliance.
(1) The FAA will issue a notice of proposed termination to the airport operator and publish notice of the proposed action in the
(2) The FAA will review the comments, statements, and data supplied by the airport operator, and any other available information, to determine if the airport operator has provided satisfactory evidence of compliance or has taken satisfactory corrective action. The FAA will consult with the airport operator to attempt resolution and may request additional information from other parties to determine compliance. The review and consultation process shall take not less than 30 days. If the FAA finds satisfactory evidence of compliance, the FAA will notify the airport operator in writing and publish notice of compliance in the
(3) If the FAA determines that the airport operator has taken action to impose a noise or access restriction in violation of the Airport Noise and Capacity Act of 1990 or this part, the FAA will notify the airport operator in writing of such determination. Where appropriate, the FAA may prescribe corrective action, including corrective action the airport operator may still need to take. Within 10 days of receipt of the FAA's determination, the airport operator shall—
(i) Advise the FAA in writing that it will complete any corrective action prescribed by the FAA within 30 days; or
(ii) Provide the FAA with a list of the domestic air carriers and foreign air carriers operating at the airport and all other issuing carriers, as defined in § 158.3 of this chapter, that have remitted passenger facility charge revenue to the airport in the preceding 12 months.
(4) If the FAA finds that the airport operator has taken satisfactory corrective action, the FAA will notify the airport operator in writing and publish notice of compliance in the
(i) Terminates eligibility for new airport grant agreements and discontinues payments of airport grant funds, including payments of costs incurred prior to the notice; and
(ii) Terminates authority to impose or collect a passenger facility charge or, if the airport operator has not received approval to impose a passenger facility charge, advises the airport operator that future applications for such approval will be denied in accordance with § 158.29(a)(1)(v) of this chapter.
(5) The FAA will publish notice of the order in the
(c) The following procedures shall apply if an airport operator does not agree in writing, within 20 days of receipt of the FAA's notice of apparent violation under § 161.503, to defer implementation or enforcement of its noise or access restriction until completion of the process under this subpart to determine compliance.
(1) The FAA will issue a notice of proposed termination to the airport operator and publish notice of the proposed action in the
(2) The FAA will review the comments, statements, and data supplied by the airport operator, and any other available information, to determine if
(3) If the FAA determines that the airport operator has taken action to impose a noise or access restriction in violation of the Airport Noise and Capacity Act of 1990 or this part, the procedures in paragraphs (b)(3) through (b)(5) of this section will be followed.
49 U.S.C. 106(g), 40101-40107, 40113-40114, 44501-44502, 46104, 47122, 47151-47153, 47302-47306.
(a) This part prescribes the requirements for issuing a written recommendation and certification that a proposed project is reasonably necessary for use in air commerce or in the interests of national defense. The first two sentences of section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)): (1) Require such a recommendation and certification where Federal funds are to be expended for nonmilitary purposes for airports or air navigation facilities thereon; and (2) provide that any interested person may apply to the Administrator, under regulations prescribed by him, for a recommendation and certification.
(b) This part does not apply to projects for the expenditure of Federal funds for military purposes or for airports, or air navigation facilities thereon, operated by the Federal Aviation Administration.
(a) Any interested person may apply to the Administrator for a recommendation and certification with respect to a proposed project for the acquisition, establishment, construction, alteration, repair, maintenance, or operation of an airport or an air navigation facility thereon by or in his interests, on which Federal funds are proposed to be expended for nonmilitary purposes. The application shall be filed with the Regional Airports Division or Airports District Office, whichever is appropriate, in whose geographical area the airport is located. The application must state—
(1) The name and address of the applicant, the owner of the airport, and the individual responsible for its operation and maintenance, and the interest of the applicant in the matter;
(2) The location of the airport, and of any air navigation facilities thereon;
(3) A technical description of the project;
(4) The information contained in the notice required by § 157.3 of this chapter; and
(5) All available pertinent data relating to the necessity of the airport or air navigation facility for use in air commerce including where applicable—
(i) The number and type of aircraft that use or would use the airport or facility;
(ii) The present and expected level of activity;
(iii) Any special use of the airport or facility such as its providing access to places of recreation as national forests or parks or to isolated communities where access by other means is not available or is curtailed by climatic condition; and
(iv) In the case of an airport or air navigation facility owned, operated, or maintained by a Federal agency other than the FAA, the relationship of the airport or facility to the performance of that agency's functions.
(b) Each of the following has the effect of a recommendation and certification, and a separate application under this part with respect thereto is not required:
(1) Approval of a project under section 16 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1701).
(2) Inclusion of an airport in the National Airport System Plan, if—
(i) Notice of construction or alteration required by § 157.3 of this chapter has been given; and
(ii) The Administrator has determined that there is no objection to the proposed construction or alteration.
(a) The Administrator issues a recommendation and certification if he finds that the airport or facility is reasonably necessary for use in air commerce or in the interests of national defense; that it conforms to all applicable plans and policies for, and allocations of, airspace; and that it otherwise complies with requirements of Federal law properly considered by the Administrator. The Administrator may grant the recommendation and certification subject to conditions that ensure conformity of the airport or facility with these standards.
(b) A recommendation and certification under this part, express or implied, does not extend to a modified version of an airport or facility to which it applies, or to an additional area or facility at the same airport.
(c) If the application is denied the Administrator notifies the applicant of the grounds for the denial. The Administrator may revoke a recommendation and certification for proper cause.
(d) The authority of the Administrator under this part is exercised by Regional Airports Division Managers as to airports or facilities within their respective regions.
49 U.S.C. 106(g), 40103-40107, 40113, 44502, 44701-44702, 44708-44709, 44719, 44721-44722, 46308.
This subpart sets forth establishment and discontinuance criteria for navigation aids operated and maintained by the United States.
For purposes of this subpart—
(1)
(i) Operate in the local traffic pattern or within sight of the airport;
(ii) Are known to be departing for, or arriving from flight in local practice areas located within a 20-mile radius of the airport; or
(iii) Execute simulated instrument approaches or low passes at the airport.
(2)
This subpart sets forth establishment and discontinuance criteria for Airport Traffic Control Towers.
(a) The following criteria along with general facility establishment standards must be met before an airport can qualify for an ATCT:
(1) The airport, whether publicly or privately owned, must be open to and available for use by the public as defined in the Airport and Airway Improvement Act of 1982;
(2) The airport must be recognized by and contained within the National Plan of Integrated Airport Systems;
(3) The airport owners/authorities must have entered into appropriate assurances and covenants to guarantee that the airport will continue in operation for a long enough period to permit the amortization of the ATCT investment;
(4) The FAA must be furnished appropriate land without cost for construction of the ATCT; and
(5) The airport must meet the benefit-cost ratio criteria specified herein utilizing three consecutive FAA annual counts and projections of future traffic during the expected life of the tower facility. (An FAA annual count is a fiscal year or a calendar year activity summary. Where actual traffic counts are unavailable or not recorded, adequately documented FAA estimates of the scheduled and nonscheduled activity may be used.)
(b) An airport meets the establishment criteria when it satisfies paragraphs (a)(1) through (a)(5) of this section and its benefit-cost ratio equals or exceeds one. As defined in § 170.3 of this part, the benefit-cost ratio is the ratio of the present value of the ATCT life cycle benefits (BPV) to the present value of ATCT life cycle costs (CPV).
(c) The satisfaction of all the criteria listed in this section does not guarantee that the airport will receive an ATCT.
An ATCT will be subject to discontinuance when the continued operation and maintenance costs less termination costs (CMPV) of the ATCT exceed the present value of its remaining life-cycle benefits (BPV):
This subpart sets forth establishment and discontinuance criteria for LORAN-C.
(a) The criteria in paragraphs (a)(1) through (a)(6) of this section, along with general facility and navigational aid establishment requirements, must be met before a runway can be eligible for LORAN-C approach.
(1) A runway must have landing surfaces judged adequate by the FAA to accommodate aircraft expected to use the approach and meet all FAA-required airport design criteria for nonprecision runways.
(2) A runway must be found acceptable for instrument flight rules operations as a result of an airport airspace analysis conducted in accordance with the current FAA regulations and provisions.
(3) The LORAN-C signal must be of sufficient quality and accuracy to pass an FAA flight inspection.
(4) It must be possible to remove, mark, or light all approach obstacles in accordance with FAA marking and lighting provisions.
(5) Appropriate weather information must be available.
(6) Air-to-ground communications must be available at the initial approach fix minimum altitude and at the missed approach altitude.
(b) A runway meets the establishment criteria for a LORAN-C approach when it satisfies paragraphs (a)(1) through (a)(6) of this section and the estimated value of benefits associated with the LORAN-C approach equals or exceeds the estimated costs (benefit-cost ratio equals or exceeds one). As defined in § 170.3 of this part, the benefit-cost ratio is the ratio of the present value of the LORAN-C life-cycle benefits (PVB) to the present value of LORAN-C life-cycle costs (PVC):
(c) The criteria do not cover all situations that may arise and are not used as a sole determinant in denying or granting the establishment of non-precision LORAN-C approach for which there is a demonstrated operational or air traffic control requirement.
A LORAN-C nonprecision approach may be subject to discontinuance when the present value of the continued maintenance costs (PVCM) of the LORAN-C approach exceed the present value of its remaining life-cycle benefits (PVB):
49 U.S.C. 106(g), 40103-40107, 40109, 40113, 44502, 44701-44702, 44708-44709, 44711, 44719-44721, 45303, 46308.
This subpart sets forth minimum requirements for the approval and operation on non-Federal VOR facilities that are to be involved in the approval of instrument flight rules and air traffic control procedures related to those facilities.
(a) Each person who requests an IFR procedure based on a VOR facility that he owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment meets the performance requirements of § 171.7 and is installed in accordance with § 171.9.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and maintenance manual that meets the requirements of § 171.11.
(4) A statement of intention to meet the requirements of this subpart.
(5) A showing that the facility has an acceptable level of operational reliability and an acceptable standard of performance. Previous equivalent operational experience with a facility with identical design and operational characteristics will be considered in showing compliance with this paragraph.
(b) After the FAA inspects and evaluates the facility, it advises the owner of the results and of any required changes in the facility or the maintenance manual or maintenance organization. The owner must then correct the deficiencies, if any, and operate the facility for an in-service evaluation by the FAA.
(a) The following are the minimum requirements that must be met before the FAA will approve an IFR procedure for a non-Federal VOR:
(1) The facility's performance, as determined by air and ground inspection, must meet the requirements of § 171.7.
(2) The installation of the equipment must meet the requirements of § 171.9.
(3) The owner must agree to operate and maintain the facility in accord- ance with § 171.11.
(4) The owner must agree to furnish periodic reports, as set forth in § 171.13, and must agree to allow the FAA to inspect the facility and its operation whenever necessary.
(5) The owner must assure the FAA that he will not withdraw the facility from service without the permission of the FAA.
(6) The owner must bear all costs of meeting the requirements of this section and of any flight or ground inspections made before the facility is commissioned, except that the Federal Aviation Administration may bear certain of these costs subject to budgetary limitations and policy established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph (a) of this section, the FAA commissions the facility as a prerequisite to its approval for use in an IFR procedure. The approval is withdrawn at any time the facility does not continue to meet those requirements.
(a) The VOR must perform in accordance with the “International Standards and Recommended Practices, Aeronautical Telecommunications,” Part I, paragraph 3.3 (Annex 10 to the Convention on International Civil Aviation), except that part of paragraph 3.3.2.1 specifying a radio frequency tolerance of 0.005 percent, and that part of paragraph 3.3.7 requiring removal of only the bearing information. In place thereof, the frequency tolerance of the radio frequency carrier must not exceed plus or minus 0.002 percent, and all radiation must be removed during the specified deviations from established conditions and during periods of monitor failure.
(b) Ground inspection consists of an examination of the design features of the equipment to determine that there will not be conditions that will allow unsafe operations because of component failure or deterioration.
(c) The monitor is checked periodi- cally, during the in-service test evaluation period, for calibration and stability The tests are made with a standard “Reference and variable phase signal generator” and associated test equipment, including an oscilloscope and portable field detector. In general, the ground check is conducted in accord- ance with section 8.4 of FAA Handbook AF P 6790.9 “Maintenance Instruction for VHF Omniranges”, adapted for the facility concerned.
(d) Flight tests to determine the facility's adequacy for operational requirements and compliance with applicable “Standards and Recommended Practices” are conducted in accordance with the “U.S. Standard Flight Inspection Manual”, particularly section 201.
(e) After January 1, 1975, the owner of the VOR shall modify the facility to perform in accordance with paragraph 3.3.5.7 of Annex 10 to the Convention on International Civil Aviation within 180 days after receipt of notice from the Administrator that 50 kHz channel spacing is to be implemented in the area and that a requirement exists for suppression of 9960 Hz subcarrier harmonics.
(a) The facility must be installed according to accepted good engineering practices, applicable electric and safety codes, and the installation must meet at least the Federal Communication Commission's licensing requirements.
(b) The facility must have a reliable source of suitable primary power, either from a power distribution system or locally generated, with a supplemental standby system, if needed.
(c) Dual transmitting equipment with automatic changeover is preferred and may be required to support certain IFR procedures.
(d) There must be a means for determining, from the ground, the performance of the equipment, including the antenna, initially and periodically.
(e) A facility intended for use as an instrument approach aid for an airport must have or be supplemented by (depending on circumstances) the following ground-air or landline communications services:
(1) At facilities outside of and not immediately adjacent to controlled airspace, there must be ground-air communications from the airport served by the facility. Separate communications channels are acceptable.
(2) At facilities within or immediately adjacent to controlled airspace, there must be the ground-air communications required by paragraph (e)(1) of this section and reliable communications (at least a landline telephone) from the airport to the nearest FAA air traffic control or communication facility.
(a) The owner of the facility must establish an adequate maintenance system and provide qualified maintenance personnel to maintain the facility at the level attained at the time it was commissioned. Each person who maintains a facility must meet at least the Federal Communications Commission's licensing requirements and show that he has the special knowledge and skills needed to maintain the facility including proficiency in maintenance procedures and the use of specialized test equipment.
(b) The owner must prepare, and obtain FAA approval of, an operations and maintenance manual that sets forth mandatory procedures for operations, preventive maintenance, and emergency maintenance, including instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons only.
(3) FCC licensing requirements for operating and maintenance personnel.
(4) Posting of licenses and signs.
(5) Relations between the facility and FAA air traffic control facilities, with a description of the boundaries of controlled airspace over or near the facility, instructions for relaying air traffic control instructions and information (if applicable), and instructions for the operation of an air traffic advisory service if the VOR is located outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or incorporating appropriate sections of FAA manuals by reference.
(9) Keeping of station logs and other technical reports, and the submission of reports required by § 171.13.
(10) Monitoring of the facility.
(11) Inspections by United States personnel.
(12) Names, addresses, and telephone numbers of persons to be notified in an emergency.
(13) Shutdowns for routine maintenance and issue of “Notices to Airmen” for routine or emergency shutdowns (private use facilities may omit the “Notices to Airmen”).
(14) An explanation of the kinds of activity (such as construction or grading) in the vicinity of the facility that may require shutdown or recertification of the facility by FAA flight check.
(15) Procedures for conducting a ground check of course accuracy.
(16) Commissioning of the facility.
(17) An acceptable procedure for amending or revising the manual.
(18) The following information concerning the facility:
(i) Location by latitude and longitude to the nearest second, and its position with respect to airport layouts.
(ii) The type, make, and model of the basic radio equipment that will provide the service.
(iii) The station power emission and frequency.
(iv) The hours of operation.
(v) Station identification call letters and method of station identification, whether by Morse code or recorded voice announcement, and the time spacing of the identification.
(vi) A description of the critical parts that may not be changed, adjusted, or repaired without an FAA flight check to confirm published operations.
(c) The owner shall make a ground check of course accuracy each month in accordance with procedures approved by the FAA at the time of commissioning, and shall report the results of the checks as provided in § 171.13.
(d) If the owner desires to modify the facility, he must submit the proposal to the FAA and may not allow any modifications to be made without specific approval.
(e) The owner's maintenance personnel must participate in initial inspections made by the FAA. In the case of subsequent inspections, the owner or his representative shall participate.
(f) Whenever it is required by the FAA, the owner shall incorporate improvements in VOR maintenance brought about by progress in the state of the art. In addition, he shall provide a stock of spare parts, including vacuum tubes, of such a quantity to make possible the prompt replacement of components that fail or deteriorate in service.
(g) The owner shall provide all approved test instruments needed for maintenance of the facility.
(h) The owner shall close the facility upon receiving two successive pilot reports of its malfunctioning.
The owner of each facility to which this subpart applies shall make the following reports on forms furnished by the FAA, at the times indicated, to the FAA Regional office for the area in which the facility is located:
(a)
(b)
(c)
(d) [Reserved]
(e)
(a) This subpart sets forth minimum requirements for the approval and operation of non-Federal, nondirectional radio beacon facilities that are to be involved in the approval of instrument flight rules and air traffic control procedures related to those facilities.
(b) A nondirectional radio beacon (“H” facilities domestically—NDB facilities internationally) radiates a continuous carrier of approximately equal intensity at all azimuths. The carrier is modulated at 1020 cycles per second for station identification purposes.
(a) Each person who requests an IFR procedure based on a nondirectional radio beacon facility that he owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment meets the performance requirements of § 171.27 and is installed in accordance with § 171.29.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance arrangement and a maintenance manual that meets the requirements of § 171.31.
(4) A statement of intention to meet the requirements of this subpart.
(5) A showing that the facility has an acceptable level of operational reliability and an acceptable standard of performance. Previous equivalent operational experience with a facility with identical design and operational characteristics will be considered in showing compliance with this subparagraph.
(b) After the FAA inspects and evaluates the facility, it advises the owner of the results and of any required changes in the facility or the maintenance manual or maintenance organization. The owner must then correct the deficiencies, if any, and operate the facility for an in-service evaluation by the FAA.
(a) The following are the minimum requirements that must be met before the FAA will approve an IFR procedure for a non-Federal, nondirectional radio beacon facility under this subpart:
(1) The facility's performances, as determined by air and ground inspection, must meet the requirements of § 171.27.
(2) The installation of the equipment must meet the requirements of § 171.29.
(3) The owner must agree to operate and maintain the facility in accord- ance with § 171.31.
(4) The owner must agree to furnish periodic reports, as set forth in § 171.33, and agree to allow the FAA to inspect the facility and its operation whenever necessary.
(5) The owner must assure the FAA that he will not withdraw the facility from service without the permission of the FAA.
(6) The owner must bear all costs of meeting the requirements of this section and of any flight or ground inspections made before the facility is commissioned, except that the Federal Aviation Administration may bear certain of these costs subject to budgetary limitations and policy established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph (a) of this section, the FAA commissions the facility as a prerequisite to its approval for use in an IFR procedure. The approval is withdrawn at any time the facility does not continue to meet those requirements. In addition, the facility may be de-commissioned whenever the frequency channel is needed for higher priority common system service.
(a) The facility must meet the performance requirements set forth in the “International Standards and Recommended Practices, Aeronautical Telecommunications, Part I, paragraph 3.4” (Annex 10 to the Convention on International Civil Aviation), except that identification by on-off keying of a second carrier frequency, separated from the main carrier by 1020 Hz plus or minus 50 Hz, is also acceptable.
(b) The facility must perform in accordance with recognized and accepted good electronic engineering practices for the desired service.
(c) Ground inspection consists of an examination of the design features of the equipment to determine (based on recognized and accepted good engineering practices) that there will not be conditions that will allow unsafe operations because of component failure or deterioration.
(d) Flight tests to determine the facility's adequacy for operational requirements and compliance with applicable “Standards and Recommended Practices” are conducted in accord- ance with the “U.S. Standard Flight Inspection Manual”, particularly section 207. The original test is made by the FAA and later tests shall be made under arrangements, satisfactory to the FAA, that are made by the owner.
(a) The facility must be installed according to accepted good engineering practices, applicable electric and safety codes, and FCC licensing requirements.
(b) The facility must have a reliable source of suitable primary power.
(c) Dual transmitting equipment may be required to support some IFR procedures.
(d) A facility intended for use as an instrument approach aid for an airport must have or be supplemented by (depending on the circumstances) the following ground-air or landline communications services:
(1) At facilities outside of and not immediately adjacent to controlled airspace, there must be ground-air communications from the airport served by the facility. Voice on the aid controlled from the airport is acceptable.
(2) At facilities within or immediately adjacent to controlled airspace, there must be the ground-air communications required by paragraph (d)(1) of this section and reliable communications (at least a landline telephone) from the airport to the nearest FAA air traffic control or communication facility.
(a) The owner of the facility must establish an adequate maintenance system and provide qualified maintenance
(b) The owner must prepare, and obtain approval of, an operations and maintenance manual that sets forth mandatory procedures for operations, preventive maintenance, and emergency maintenance, including instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons only.
(3) FCC licensing requirements for operating and maintenance personnel.
(4) Posting of licenses and signs.
(5) Relations between the facility and FAA air traffic control facilities, with a description of the boundaries of controlled airspace over or near the facility, instructions for relaying air traffic control instructions and information (if applicable), and instructions for the operation of an air traffic advisory service if the facility is located outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed arrangements for maintenance flight inspection and servicing stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or incorporating appropriate sections of FAA manuals by reference.
(9) Keeping of station logs and other technical reports, and the submission of reports required by § 171.33.
(10) Monitoring of the facility, at least once each half hour, to assure continuous operation.
(11) Inspections by United States personnel.
(12) Names, addresses, and telephone numbers of persons to be notified in an emergency.
(13) Shutdowns for routine maintenance and issue of “Notices to Airmen” for routine or emergency shutdowns (private use facilities may omit the “Notices to Airmen”).
(14) Commissioning of the facility.
(15) An acceptable procedure for amending or revising the manual.
(16) The following information concerning the facility:
(i) Location by latitude and longitude to the nearest second, and its position with respect to airport layouts.
(ii) The type, make, and model of the basic radio equipment that will provide the service.
(iii) The station power emission and frequency.
(iv) The hours of operation.
(v) Station identification call letters and method of station identification, whether by Morse code or recorded voice announcement, and the time spacing of the identification.
(c) If the owner desires to modify the facility, he must submit the proposal to the FAA and meet applicable requirements of the FCC.
(d) The owner's maintenance personnel must participate in initial inspections made by the FAA. In the case of subsequent inspections, the owner or his representative shall participate.
(e) The owner shall provide a stock of spare parts, including vacuum tubes, of such a quantity to make possible the prompt replacement of components that fail or deteriorate in service.
(f) The owner shall close the facility upon receiving two successive pilot reports of its malfunctioning.
The owner of each facility to which this subpart applies shall make the following reports, at the times indicated, to the FAA Regional office for the area in which the facility is located:
(a)
(b)
(c)
This subpart sets forth minimum requirements for the approval and operation of non-Federal Instrument Landing System (ILS) Facilities that are to be involved in the approval of instrument flight rules and air traffic control procedures related to those facilities.
(a) Each person who requests an IFR procedure based on an ILS facility that he owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment meets the performance requirements of § 171.47 and is installed in accordance with § 171.49.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and a maintenance manual that meets the requirements of § 171.51.
(4) A statement of intent to meet the requirements of this subpart.
(5) A showing that the facility has an acceptable level of operational reliability and an acceptable standard of performance. Previous equivalent operational experience with a facility with identical design and operational characteristics will be considered in showing compliance with this subparagraph.
(b) After the FAA inspects and evaluates the facility, it advises the owner of the results and of any required changes in the facility or the maintenance manual or maintenance organization. The owner must then correct the deficiencies, if any, and operate the facility for an in-service evaluation by the FAA.
(a) The following are the minimum requirements that must be met before the FAA will approve an IFR procedure for a non-Federal Instrument Landing System:
(1) The facility's performance, as determined by air and ground inspection, must meet the requirements of § 171.47.
(2) The installation of the equipment must meet the requirements of § 171.49.
(3) The owner must agree to operate and maintain the facility in accord- ance with § 171.51.
(4) The owner must agree to furnish periodic reports, as set forth in § 171.53 and agree to allow the FAA to inspect the facility and its operation whenever necessary.
(5) The owner must assure the FAA that he will not withdraw the facility from service without the permission of the FAA.
(6) The owner must bear all costs of meeting the requirements of this section and of any flight or ground inspections made before the facility is commissioned, except that the Federal Aviation Administration may bear certain of these costs subject to budgetary limitations and policy established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph
(a) The Instrument Landing System must perform in accordance with the “International Standards and Recommended Practices, Aeronautical Telecommunications, Part I, Paragraph 3.1” (Annex 10 to the Convention on International Civil Aviation) except as follows:
(1) The first part of paragraph 3.1.3, relating to suppression of radiation wholly or in part in any or all directions outside the 20-degree sector centered on the course line to reduce local-izer does not apply.
(2) Radiation patterns must conform to limits specified in 3.1.3.3 and 3.1.3.4, but this does not mean that suppression of radiation to the rear of the antenna array to satisfy difficult siting positions (as per 3.1.3.1.4) is not allowed. For example, if a reflector screen for the antenna array is required to overcome a siting problem, the area to the rear of the localizer may be made unusable and should be so advertised.
(3) A third marker beacon (inner marker) is not required.
(4) The frequency tolerance of the radio frequency carrier must not exceed plus or minus 0.002 percent.
(b) Ground inspection consists of an examination of the design features of the equipment to determine that there will not be conditions that will allow unsafe operations because of component failure or deterioration.
(c) The monitor is checked periodically, during the in-service test evaluation period, for calibration and stability. These tests, and ground checks of glide slope and localizer radiation characteristics, are conducted in accordance with FAA Handbooks AF P 6750.1 and AF P 6750.2 “Maintenance Instructions for ILS Localizer Equipment” and “Maintenance Instructions for ILS Glide Slope Equipment”.
(d) Flight tests to determine the facility's adequacy for operational requirements and compliance with applicable “Standards and Recommended Practices” are conducted in accord- ance with the “U.S. Standard Flight Inspection Manual”, particularly section 217.
(a) The facility must be of a permanent nature, located, constructed, and installed according to ICAO Standards (Annex 10), accepted good engineering practices, applicable electric and safety codes, and FCC licensing requirements.
(b) The facility must have a reliable source of suitable primary power, either from a power distribution system or locally generated. A determination by the Administrator as to whether a facility will be required to have stand-by power for the localizer, glide slope and monitor accessories to supplement the primary power, will be made for each airport based upon operational minimums and density of air traffic.
(c) A determination by the Administrator as to whether a facility will be required to have dual transmitting equipment with automatic changeover for localizer and glide slope components, will be made for each airport based upon operational minimums and density of air traffic.
(d) There must be a means for determining, from the ground, the perform- ance of the equipment (including antennae), initially and periodically.
(e) The facility must have, or be supplemented by (depending on the circumstances) the following ground-air or landline communications services:
(1) At facilities outside of and not immediately adjacent to controlled airspace, there must be ground-air communications from the airport served by the facility. The utilization of voice on the ILS frequency should be determined by the facility operator on an individual basis.
(2) At facilities within or immediately adjacent to controlled airspace, there must be the ground-air communications required by paragraph (e)(1) of this section and reliable communications (at least a landline telephone) from the airport to the nearest FAA air traffic control or communications facility.
(a) The owner of the facility must establish an adequate maintenance system and provide qualified maintenance personnel to maintain the facility at the level attained at the time it was commissioned. Each person who maintains a facility must meet at least the Federal Communications Commission's licensing requirements and show that he has the special knowledge and skills needed to maintain the facility including proficiency in maintenance procedures and the use of specialized test equipment.
(b) The owner must prepare, and obtain approval of, an operations and maintenance manual that sets forth mandatory procedures for operations, preventive maintenance, and emergency maintenance, including instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons only.
(3) FCC licensing requirements for operating and maintenance personnel.
(4) Posting of licenses and signs.
(5) Relation between the facility and FAA air traffic control facilities, with a description of the boundaries of controlled airspace over or near the facility, instructions for relaying air traffic control instructions and information (if applicable), and instructions for the operations of an air traffic advisory service if the facility is located outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or incorporating appropriate sections of FAA manuals by reference.
(9) Keeping of station logs and other technical reports, and the submission of reports required by § 171.53.
(10) Monitoring of the facility.
(11) Inspections by United States personnel.
(12) Names, addresses, and telephone numbers of persons to be notified in an emergency.
(13) Shutdowns for routine maintenance and issue of “Notices to Airmen” for routine or emergency shutdowns (private use facilities may omit the “Notices to Airmen”).
(14) Commissioning of the facility.
(15) An acceptable procedure for amending or revising the manual.
(16) An explanation of the kinds of activities (such as construction or grading) in the vicinity of the facility that may require shutdown or recertification of the facility by FAA flight check.
(17) Procedures for conducting a ground check or localizer course alignment width, and clearance, and glide slope elevation angle and width.
(18) The following information concerning the facility:
(i) Facility component locations with respect to airport layout, instrument runway, and similar areas.
(ii) The type, make, and model of the basic radio equipment that will provide the service.
(iii) The station power emission and frequencies of the localizer, glide slope, markers, and associated compass locators, if any.
(iv) The hours of operation.
(v) Station identification call letters and method of station identification and the time spacing of the identification.
(vi) A description of the critical parts that may not be changed, adjusted, or repaired without an FAA flight check to confirm published operations.
(c) The owner shall make a ground check of the facility each month in accordance with procedures approved by the FAA at the time of commissioning, and shall report the results of the checks as provided in § 171.53.
(d) If the owner desires to modify the facility, he must submit the proposal to the FAA and may not allow any modifications to be made without specific approval.
(e) “The owner's maintenance personnel must participate in initial inspections made by the FAA. In the case of subsequent inspections, the owner or his representative shall participate.”
(f) Whenever it is required by the FAA, the owner shall incorporate improvements in ILS maintenance brought about by progress in the state of the art. In addition, he shall provide a stock of spare parts, including vacuum tubes, of such a quantity to make possible the prompt replacement of components that fail or deteriorate in service.
(g) The owner shall provide FAA approved test instruments needed for maintenance of the facility.
(h) The owner shall close the facility upon receiving two successive pilot reports of its malfunctioning.
The owner of each facility to which this subpart applies shall make the following reports, at the times indicated, to the FAA Regional Office for the area in which the facility is located:
(a)
(b)
(c)
(a) Except as provided in paragraph (b) of this section, each air navigation certificate of “Lawful Authority to Operate a True Light” is hereby revoked, and each application therefor is hereby terminated.
(b) Paragraph (a) of this section does not apply to—
(1) A certificate issued to a Federal-Aid Airport Program sponsor who was required to apply for that certificate under regulations then in effect, and who has not surrendered that certificate under § 151.86(e) of this chapter; or
(2) An application made by a Federal-Aid Airport Program sponsor who was required to make that application under regulations then in effect, and
Copies of standards, recommended practices and documents incorporated by reference in this part are available for the use of interested persons at any FAA Regional Office and FAA Headquarters. An historical file of these materials is maintained at Headquarters, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20590.
On a case-by-case basis, a Regional Administrator may accept any report in a format other than the FAA form required by this part if he is satisfied that the report contains all the information required on the FAA form and can be processed by FAA as conveniently as the FAA form.
(a) Requests for approval of facilities not having design and operational characteristics identical to those of facilities currently approved under this part, including requests for deviations from this part for such facilities, must be submitted to the Director, Advanced Systems Design Service.
(b) The following requests must be submitted to the Regional Administrator of the region in which the facility is located:
(1) Requests for approval of facilities that have design and operational characteristics identical to those of facilities currently approved under this part, including requests for deviations from this part for such facilities.
(2) Requests for deviations from this part for facilities currently approved under this part.
(3) Requests for modification of facilities currently approved under this part.
This subpart sets forth minimum requirements for the approval and operation of non-Federal Simplified Directional Facilities (SDF) that are to be involved in the approval of instrument flight rules and air traffic control procedures related to those facilities.
(a) Each person who requests an IFR procedure based on an SDF that he owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment meets the performance requirements of § 171.109 and the standards and tolerances of § 171.111, and is installed in accordance with § 171.113.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and a maintenance manual that meets the requirements of § 171.115.
(4) A statement of intent to meet the requirements of this subpart.
(5) A showing that the facility has an acceptable level of operational reliability as prescribed in § 171.111(k), and an acceptable standard of performance. Previous equivalent operational experience with a facility with identical design and operational characteristics will be considered in showing compliance with this paragraph.
(b) After the Federal Aviation Administration inspects and evaluates the facility, it advises the owner of the results and of any required changes in the facility or the maintenance manual or maintenance organization. The
(a) The following are the minimum requirements that must be met before the Federal Aviation Administration will approve an IFR procedure for a non-Federal Simplified Directional Facility:
(1) A suitable frequency channel must be available.
(2) The facility's performance, as determined by air and ground inspection, must meet the requirements of §§ 171.109 and 171.111.
(3) The installation of the equipment must meet the requirements of § 171.113.
(4) The owner must agree to operate and maintain the facility in accordance with § 171.115.
(5) The owner must agree to furnish periodic reports as set forth in § 171.117, and agree to allow the FAA to inspect the facility and its operation whenever necessary.
(6) The owner must assure the FAA that he will not withdraw the facility from service without the permission of the FAA.
(7) The owner must bear all costs of meeting the requirements of this section and of any flight or ground inspections made before the facility is commissioned, except that the FAA may bear certain of these costs subject to budgetary limitations and policy established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph (a) of this section, the FAA commissions the facility as a prerequisite to its approval for use in an IFR procedure. The approval is withdrawn at any time the facility does not continue to meet those requirements. In addition, the facility is licensed by the Federal Communications Commission. The Federal Aviation Administration recommends cancellation or nonrenewal of the Federal Communications Commission license whenever the frequency channel is needed for higher priority common system service.
As used in this subpart:
(a) The Simplified Directional Facility must perform in accordance with the following standards and practices:
(1) The radiation from the SDF antenna system must produce a composite field pattern which is amplitude modulated by a 90 Hz and a 150 Hz tone. The radiation field pattern must produce a course sector with the 90 Hz tone predominating on one side of the course and with the 150 Hz tone predominating on the opposite side.
(2) When an observer faces the SDF from the approach end of runway, the depth of modulation of the radio frequency carrier due to the 150 Hz tone must predominate on his right hand and that due to the 90 Hz tone must predominate on his left hand.
(3) All horizontal angles employed in specifying the SDF field patterns must originate from the center of the antenna system which provides the signals used in the front course sector.
(4) The SDF must operate on odd tenths or odd tenths plus a twentieth MHz within the frequency band 108.1 MHz to 111.95 MHz. The frequency tolerance of the radio frequency carrier must not exceed plus or minus 0.002 percent.
(5) The radiated emission from the SDF must be horizontally polarized. The vertically polarized component of the radiation on the course line must not exceed that which corresponds to an error one-twentieth of the course sector width when an aircraft is positioned on the course line and is in a roll attitude of 20° from the horizontal.
(6) The SDF must provide signals sufficient to allow satisfactory operation of a typical aircraft installation within the sector which extends from the center of the SDF antenna system to distances of 18 nautical miles within a plus or minus 10° sector and 10 nautical miles within the remainder of the coverage when alternative navigational facilities provide satisfactory coverage within the intermediate approach area. SDF signals must be receivable at the distances specified at and above a height of 1,000 feet above the elevation of the threshold, or the lowest altitude authorized for transition, whichever is higher. Such signals must be receivable, to the distances specified, up to a surface extending outward from the SDF antenna and inclined at 7° above the horizontal.
(7) The modulation tones must be phase-locked so that within the half course sector, the demodulated 90 Hz and 150 Hz wave forms pass through zero in the same direction within 20° of phase relative to the 150 Hz component, every half cycle of the combined 90 Hz and 150 Hz wave form. However, the phase need not be measured within the half course sector.
(8) The angle of convergence of the final approach course and the extended runway centerline must not exceed 30°. The final approach course must be aligned to intersect the extended runway centerline between points A1 and the runway threshold. When an operational advantage can be achieved, a final approach course that does not intersect the runway or that intersects it at a distance greater than point A1 from the threshold, may be established, if that course lies within 500 feet laterally of the extended runway centerline at a point 3,000 feet outward from the runway threshold. The mean course line must be maintained within ±10 percent of the course sector width.
(9) The nominal displacement sensitivity within the half course sector must be 50 microamperes/degree. The nominal course sector width must be 6°. When an operational advantage can be achieved, a nominal displacement sensitivity of 25 microamperes/degree may be established, with a nominal course sector width of 12° with proportional displacement sensitivity. The lateral displacement sensitivity must be adjusted and maintained within the limits of plus or minus 17 percent of the nominal value.
(10) The off-course (clearance) signal must increase at a substantially linear rate with respect to the angular displacement from the course line up to an angle on either side of the course
(11) The SDF may provide a ground-to-air radiotelephone communication channel to be operated simultaneously with the navigation and identification signals, if that operation does not interfere with the basic function. If a channel is provided, it must conform with the following standards:
(i) The channel must be on the same radio frequency carrier or carriers as used for the SDF function, and the radiation must be horizontally polarized. Where two carriers are modulated with speech, the relative phases of the modulations on the two carriers must avoid the occurrence of nulls within the coverage of the SDF.
(ii) On centerline, the peak modulation depth of the carrier or carriers due to the radiotelephone communications must not exceed 50 percent but must be adjusted so that the ratio of peak modulation depth due to the radiotelephone communications to that due to the identification signal is approximately 9:1.
(iii) The audio frequency characteristics of the radiotelephone channel must be flat to within 3 db relative to the level at 1,000 Hz over the range from 300 Hz to 3,000 Hz.
(12)(i) The SDF must provide for the simultaneous transmission of an identification signal, specific to the runway and approach direction, on the same radio frequency carrier or carriers as used for the SDF function. The transmission of the identification signal must not interfere in any way with the basic SDF function.
(ii) The identification signal must be produced by Class A2 modulation of the radio frequency carrier or carriers using a modulation tone of 1020 Hz within ±50 Hz. The depth of modulation must be between the limits of 5 and 15 percent except that, where a radiotelephone communication channel is provided, the depth of modulation must be adjusted so that the ratio of peak modulation depth due to radiotelephone communications to that due to the identification signal modulation is approximately 9:1. The emissions carrying the identification signal must be horizontally polarized.
(iii) The identification signal must employ the International Morse Code and consist of three letters.
(iv) The identification signal must be transmitted at a speed corresponding to approximately seven words per minute, and must be repeated at approximately equal intervals, not less than six times per minute. When SDF transmission is not available for operational use, including periods of removal of navigational components or during maintenance or test transmissions, the identification signal must be suppressed.
(b) It must be shown during ground inspection of the design features of the equipment that there will not be conditions that will allow unsafe operations because of component failure or deterioration.
(c) The monitor must be checked periodically during the in-service test evaluation period for calibration and stability. These tests, and ground checks of SDF radiation characteristics must be conducted in accordance with the maintenance manual required by § 171.115(c) and must meet the standards and tolerances contained in § 171.111(j).
(d) The monitor system must provide a warning to the designated control point(s) when any of the conditions of § 171.111(j) occur, within the time periods specified in that paragraph.
(e) Flight inspection to determine the adequacy of the facility's operational performance and compliance
(f) Flight inspection tolerances specified in section 217 of the “U.S. Standard Flight Inspection Manual” must be complied with except as follows:
(1)
(2)
(3)
(i)
(
(
(
(ii)
(
Compliance with this section must be shown as a condition to approval and must be maintained during operation of the SDF.
(a)
(2) The modulating tones must be 90 Hz and 150 Hz within ±2.5 percent.
(3) The identification signal must be 1020 Hz within ±50 Hz.
(4) The total harmonic content of the 90 Hz tone must not exceed 10 percent.
(5) The total harmonic content of the 150 Hz tone must not exceed 10 percent.
(b)
(c)
(2) The sponsor will also provide additional manufacturer's ground standards and tolerances for all VSWR parameters peculiar to the equipment which can effect performance of the facility in meeting the requirements specified in §§ 171.109 and 171.111.
(d)
(e)
(2) The depth of modulation of the radio frequency carrier due to the 1020 Hz identification signal must be within 5 percent to 15 percent.
(f)
(g)
(h)
(i)
(j)
(2) Course shift alarm: The monitor must alarm and cause radiation to cease, or identification and navigation signals must be removed, if the course alignment deviates from standard alignment by 10 percent or more of the standard course sector width.
(3) RF power reduction alarm: The monitor must alarm and cause radiation to cease, or identification and navigation signals must be removed, if the output power is reduced by 3 db or more from normal.
(4) Modulation level alarm: The monitor must alarm and cause radiation to cease, or identification and navigation signals must be removed, if the 90 Hz and 150 Hz modulation levels decrease by 17 percent or more.
(5) Course sector width alarm: The monitor must alarm and cause radiation to cease, or identification and navigation signals must be removed, for a change in course sector width to a value differing by ±17 percent or more from the standard.
(6) Monitor delay before shutdown: Radiation must cease, or identification and navigation signals must be removed, within 10 seconds after a fault is detected by the monitor, and no attempt must be made to resume radiation for a period of at least 20 seconds. If an automatic recycle device is used, not more than three successive recycles may be permitted before a complete SDF shutdown occurs.
(k)
(l)
(a) The facility must be installed according to accepted good engineering practices, applicable electric and safety codes, and FCC requirements.
(b) The SDF facility must have the following basic components:
(1) VHF SDF equipment and associated monitor system;
(2) Remote control, and indicator equipment (remote monitor) when required by the FAA;
(3) A final approach fix; and
(4) Compass locator (COMLO) or marker if suitable fixes and initial approach routes are not available from existing facilities.
(c) The facility must have a reliable source of suitable primary power, either from a power distribution system or locally generated. Also, adequate power capacity must be provided for operation of test and working equipment at the SDF. A determination by the Federal Aviation Administration as to whether a facility will be required to have standby power for the SDF and monitor accessories to supplement the primary power will be made for each airport based upon operational minimums and density of air traffic.
(d) A determination by the Federal Aviation Administration as to whether a facility will be required to have dual transmitting equipment with automa-tic changeover for the SDF will be made for each airport based upon operational minimums and density of air traffic.
(e) There must be a means for determining, from the ground, the performance of the equipment (including antennae), initially and periodically.
(f) The facility must have the following ground-air or landline communication services:
(1) At facilities outside of and not immediately adjacent to controlled airspace, there must be ground-air communications from the airport served by the facility. The utilization of voice on the SDF should be determined by the facility operator on an individual basis.
(2) At facilities within or immediately adjacent to controlled airspace, there must be ground/air communications required by paragraph (b)(1) of this section and reliable communications (at least a landline telephone) from the airport to the nearest Federal Aviation Administration air traffic control or communications facility.
(g) At those locations where two separate SDF facilities serve opposite ends of a single runway, an interlock must insure that only the facility serving the approach direction in use can radiate, except where no operationally harmful interference results.
(h) At those locations where, in order to alleviate frequency congestion, the SDF facilities serving opposite ends of one runway employ identical frequencies, an interlock must insure that the facility not in operational use cannot radiate.
(i) Provisions for maintenance and operations by authorized persons only.
(j) Where an operational advantage exists, the installation may omit a back course.
(a) The owner of the facility shall establish an adequate maintenance system and provide qualified maintenance personnel to maintain the facility at the level attained at the time it was commissioned. Each person who maintains a facility shall meet at a minimum the Federal Communications Commission's licensing requirements and show that he has the special knowledge and skills needed to maintain the facility, including proficiency in maintenance procedures and the use of specialized test equipment.
(b) The SDF must be designed and maintained so that the probability of operation within the performance requirements specified is high enough to insure an adequate level of safety. In the event out-of-tolerance conditions develop, the facility shall be removed from operation, and the designated control point notified.
(c) The owner must prepare, and obtain approval of, and each person operating or maintaining the facility shall comply with, an operations and maintenance manual that sets forth procedures for operations, preventive maintenance, and emergency maintenance, including instructions on each of the following:
(1) Physical security of the facility. This includes provisions for designating critical areas relative to the facility and preventing or controlling movements within the facility that may adversely affect SDF operations.
(2) Maintenance and operations by authorized persons only.
(3) Federal Communications Commission requirements for operating personnel and maintenance personnel.
(4) Posting of licenses and signs.
(5) Relation between the facility and Federal Aviation Administration air traffic control facilities, with a description of the boundaries of controlled airspace over or near the facility, instructions for relaying air traffic
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or incorporating appropriate sections of Federal Aviation Administration manuals by reference.
(9) Keeping of station logs and other technical reports, and the submission of reports required by § 171.117.
(10) Monitoring of the facility.
(11) Names, addresses, and telephone numbers of persons to be notified in an emergency.
(12) Inspection by U.S. personnel.
(13) Shutdowns for routine maintenance and issue of “Notices to Airmen” for routine or emergency shutdowns, except that private use facilities may omit “Notices to Airmen.”
(14) Commissioning of the facility.
(15) An acceptable procedure for amending or revising the manual.
(16) An explanation of the kinds of activities (such as construction or grading) in the vicinity of the facility that may require shutdown or certification of the facility by Federal Aviation Administration flight check.
(17) Procedure for conducting a ground check of SDF course alignment, width and clearance.
(18) The following information concerning the facility:
(i) Facility component locations with respect to airport layout, instrument runway, and similar areas;
(ii) The type, make, and model of the basic radio equipment that will provide the service;
(iii) The station power emission and frequencies of the SDF, markers and associated COMLOs, if any;
(iv) The hours of operation;
(v) Station identification call letters and method of station identification and the time spacing of the identification;
(vi) A description of the critical parts that may not be changed, adjusted, or repaired without a Federal Aviation Administration flight check to confirm published operations.
(d) The owner shall make a ground check of the facility each month in accordance with procedures approved by the Federal Aviation Administration at the time of commissioning, and shall report the results of the checks as provided in § 171.117.
(e) If the owner desires to modify the facility, he shall submit the proposal to the Federal Aviation Administration and may not allow any modifications to be made without specific approval.
(f) The owner's maintenance personnel shall participate in initial inspections made by the Federal Aviation Administration. In the case of subsequent inspections, the owner or his representatives shall participate.
(g) Whenever it is required by the Federal Aviation Administration, the owner shall incorporate improvements in SDF maintenance. In addition, he shall provide a stock of spare parts, of such a quantity, to make possible the prompt replacement of components that fail or deteriorate in service.
(h) The owner shall provide Federal Aviation Administration approved test instruments needed for maintenance of the facility.
(i) The owner shall close the facility by ceasing radiation and shall issue a “Notice to Airmen” that the facility is out of service (except that private use facilities may omit “Notices to Airmen”), upon receiving two successive pilot reports of its malfunctioning.
The owner of each facility to which this subpart applies shall make the following reports, at the time indicated, to the Federal Aviation Administration Regional Office for the area in which the facility is located:
(a) Record of meter readings and adjustments (Form FAA-198). To be filled out by the owner or his maintenance representative with the equipment adjustments and meter readings as of the time of commissioning, with one copy to be kept in the permanent records of the facility and two copies to the appropriate Regional Office of the Federal Aviation Administration. The owner shall revise the form after any
(b) Facility maintenance log (FAA Form 6030-1) This form is a permanent record of all equipment malfunctioning met in maintaining the facility, including information on the kind of work and adjustments made, equipment failures, causes (if determined), and corrective action taken. The owner shall keep the original of each report at the facility and send a copy to the appropriate Regional Office of the Federal Aviation Administration at the end of each month in which it is prepared.
(c) Radio equipment operation record (Form FAA-418), containing a complete record of meter readings, recorded on each scheduled visit to the facility. The owner shall keep the original of each month's record at the facility and send a copy of it to the appropriate Regional Office of the Federal Aviation Administration.
This subpart sets forth minimum requirements for the approval and operation of non-Federal DME facilities that are to be involved in the approval of instrument flight rules and air traffic control procedures related to those facilities.
(a) Each person who requests an IFR procedure based on a DME facility that he owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment meets the performance requirements of § 171.157 and is installed in accordance with § 171.159.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and maintenance manual that meets the requirement of § 171.161.
(4) A statement of intention to meet the requirements of this subpart.
(5) A showing that the facility has an acceptable level of operational reliability and an acceptable standard of performance. Previous equivalent operational experience with a facility with identical design and operational characteristics will be considered in showing compliance with this paragraph.
(b) After the Federal Aviation Administration inspects and evaluates the facility, it advises the owner of the results and of any required changes in the facility or the maintenance manual or maintenance organization. The owner must then correct the deficiencies, if any, and operate the facility for an in-service evaluation by the Federal Aviation Administration.
(a) The following are the minimum requirements that must be met before the Federal Aviation Administration will approve an IFR procedure for a non-Federal DME:
(1) A suitable frequency channel must be available.
(2) The facility's performance, as determined by air and ground inspection, must meet the requirements of § 171.157.
(3) The installation of the equipment must meet the requirements of § 171.159.
(4) The owner must agree to operate and maintain the facility in accordance with § 171.161.
(5) The owner must agree to furnish periodic reports, as set forth in § 171.163, and must agree to allow the Federal Aviation Administration to inspect the facility and its operation whenever necessary.
(6) The owner must assure the Federal Aviation Administration that he will not withdraw the facility from service without the permission of the Federal Aviation Administration.
(7) The owner must bear all costs of meeting the requirements of this section and of any flight or ground inspections made before the facility is commissioned, except that the Federal
(b) If the applicant for approval meets the requirements of paragraph (a) of this section, the Federal Aviation Administration commissions the facility as a prerequisite to its approval for use in an IFR procedure. The approval is withdrawn at any time the facility does not continue to meet those requirements.
(a) The DME must meet the performance requirements set forth in the “International Standards and Recommended Practices. Aeronautical Telecommunications, Part I, Paragraph 3.5” (Annex 10 to the Convention of International Civil Aviation).
(b) It must be shown during ground inspection of the design features of the equipment that there will not be conditions that will allow unsafe operations because of component failure or deterioration.
(c) The monitor must be checked periodically, during the in-service test evaluation period, for calibration and stability. These tests and ground tests of the functional and performance characteristics of the DME transponder must be conducted in accordance with the maintenance manual required by § 171.161(b).
(d) Flight inspection to determine the adequacy of the facility's operational performance and compliance with applicable “Standards and Recommended Practices” must be accomplished in accordance with the “U.S. Standard Flight Inspection Manual.”
(a) The facility must be installed according to accepted good engineering practices, applicable electric and safety codes, and Federal Communications Commission requirements.
(b) The facility must have a reliable source of suitable primary power, either from a power distribution system or locally generated, with a supplemental standby system, if needed.
(c) Dual transmitting equipment with automatic changeover is preferred and may be required to support certain IFR procedures.
(d) There must be a means for determining from the ground, the performance of the equipment, initially and periodically.
(e) A facility intended for use as an instrument approach aid for an airport must have or be supplemented by the following ground air or landline communications services:
(1) At facilities outside of and not immediately adjacent to controlled airspace, there must be ground-air communications from the airport served by the facility. Separate communications channels are acceptable.
(2) At facilities within or immediately adjacent to controlled airspace, there must be the ground-air communications required by paragraph (e)(1) of this section and reliable communications (at least a landline telephone) from the airport to the nearest Federal Aviation Administration air traffic control or communications facility. Separate communications channels are acceptable.
(a) The owner of the facility shall establish an adequate maintenance system and provide qualified maintenance personnel to maintain the facility at the level attained at the time it was commissioned. Each person who maintains a facility shall meet at a minimum the Federal Communications Commission's licensing requirements and show that he has the special knowledge and skills needed to maintain the facility, including proficiency in maintenance procedures and the use of specialized test equipment.
(b) The owner must prepare and obtain Federal Aviation Administration approval of, and each person operating or maintaining the facility shall comply with, an operations and maintenance manual that sets forth procedures for operations, preventive maintenance, and emergency maintenance, including instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons only.
(3) Federal Communications Commission's requirements and maintenance personnel.
(4) Posting of licenses and signs.
(5) Relations between the facility and Federal Aviation Administration air traffic control facilities, with a description of the boundaries of controlled airspace over or near the facility, instructions for relaying air traffic control instructions and information (if applicable), and instructions for the operation of an air traffic advisory service if the DME is located outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or incorporating appropriate sections of Federal Aviation Administration manuals by reference.
(9) Keeping of station logs and other technical reports, and the submission of reports required by § 171.163.
(10) Monitoring of the facility.
(11) Inspections by U.S. personnel.
(12) Names, addresses, and telephone numbers of persons to be notified in an emergency.
(13) Shutdowns for routine maintenance and issue of “Notices to Airmen” for routine or emergency shutdowns, except that private use facilities may omit the “Notices to Airmen.”
(14) An explanation of the kinds of activity (such as construction or grading) in the vicinity of the facility that may require shutdown or reapproval of the facility by Federal Aviation Administration flight check.
(15) Commissioning of the facility.
(16) An acceptable procedure for amending or revising the manual.
(17) The following information concerning the facility:
(i) Location by latitude and longitude to the nearest second, and its position with respect to airport layouts.
(ii) The type, make, and model of the basic radio equipment that will provide the service.
(iii) The station power emission and frequency.
(iv) The hours of operation.
(v) Station identification call letters and methods of station identification, whether by Morse code or recorded voice announcement, and the time spacing of the identification.
(vi) A description of the critical parts that may not be changed, adjusted, or repaired without an FAA flight check to confirm published operations.
(c) The owner shall make a monthly ground operational check in accordance with procedures approved by the FAA at the time of commissioning, and shall report the results of the checks as provided in § 171.163.
(d) If the owner desires to modify the facility, he shall submit the proposal to the FAA and may not allow any modifications to be made without specific approval.
(e) The owner's maintenance personnel shall participate in initial inspections made by the FAA. In the case of subsequent inspections, the owner or his representative shall participate.
(f) Whenever it is required by the FAA, the owner shall incorporate improvements in DME maintenance.
(g) The owner shall provide a stock of spare parts of such a quantity to make
(h) The owner shall provide FAA-approved test instruments needed for maintenance of the facility.
(i) The owner shall shut down the facility (i.e., cease radiation and issue a NOTAM that the facility is out-of-service) upon receiving two successive pilot reports of its malfunctioning.
The owner of each facility to which this subpart applies shall make the following reports on forms furnished by the FAA, at the time indicated, to the FAA Regional office for the area in which the facility is located:
(a) Record of meter readings and adjustments (Form FAA-198). To be filled out by the owner with the equipment adjustments and meter readings as of the time of commissioning, with one copy to be kept in the permanent records of the facility and two copies to the appropriate Regional office of the FAA. The owner shall revise the form after any major repair, modification, or returning, to reflect an accurate record of facility operation and adjustment.
(b) Facility maintenance log (FAA Form 6030-1). This form is a permanent record of all equipment malfunctioning met in maintaining the facility, including information on the kind of work and adjustments made, equipment failures, causes (if determined), and corrective action taken. The owner shall keep the original of each report at the facility and send a copy to the appropriate Regional Office of the Federal Aviation Administration at the end of the month in which it is prepared.
(c) Radio equipment operation record (Form FAA-418), containing a complete record of meter readings, recorded on each scheduled visit to the facility. The owner shall keep the original of each month's record at the facility and send a copy of it to the appropriate Regional Office of the Federal Aviation Administration.
(a) This subpart sets forth minimum requirements for the approval and operation of non-Federal VHF marker beacon facilities that are to be involved in the approval of instrument flight rules and air traffic control procedures related to those facilities.
(b) [Reserved]
(a) Each person who requests an IFR procedure which will incorporate the use of a VHF marker beacon facility that he owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment meets the performance requirements of § 171.207 and is installed in accordance with § 171.209.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and a maintenance manual that meets the requirements of § 171.211.
(4) A statement of intent to meet the requirement of this subpart.
(5) A showing that the facility has an acceptable level of operational reliability, and an acceptable standard of performance. Previous equivalent operational experience may be shown to comply with this subparagraph.
(b) After the Federal Aviation Administration inspects and evaluates the facility, it advises the owner of the results and of any required changes in the facility or the maintenance manual or maintenance organization. The owner shall then correct the deficiencies, if any, and operate the facility for an in-service evaluation by the Federal Aviation Administration.
(a) The following are the minimum requirements that must be met before the Federal Aviation Administration will approve an IFR procedure which incorporates the use of a non-Federal VHF marker beacon facility under this subpart:
(1) The facility's performances, as determined by air and ground inspection, must meet the requirements of § 171.207.
(2) The installation of the equipment must meet the requirements of § 171.209.
(3) The owner must agree to operate and maintain the facility in accordance with § 171.211.
(4) The owner must agree to furnish periodic reports, as set forth in § 171.213, and agree to allow the Federal Aviation Administration to inspect the facility and its operation whenever necessary.
(5) The owner must assure the Federal Aviation Administration that he will not withdraw the facility from service without the permission of the Federal Aviation Administration.
(6) The owner must bear all costs of meeting the requirements of this section and of any flight or ground inspections made before the facility is commissioned, except that the Federal Aviation Administration may bear certain of these costs subject to budgetary limitations and policy established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph (a) of this section, the Federal Aviation Administration commissions the facility as a prerequisite to its approval for use in an IFR procedure. The approval is withdrawn at any time the facility does not continue to meet those requirements.
(a) VHF Marker Beacons must meet the performance requirements set forth in the “International Standards and Recommended Practices, Aeronautical Telecommunications, Part I, paragraphs 3.1.6 and 3.6.” (Annex 10 to the Convention on International Civil Aviation) except those portions that pertain to identification. Identification of a marker beacon (75 MHz) must be in accordance with “U.S. Standard Flight Inspection Manual,” § 219.
(b) The facility must perform in accordance with recognized and accepted good electronic engineering practices for the desired service. The facility must be checked periodically during the in-service test evaluation period for calibration and stability. These tests and ground tests of the marker radiation characteristics must be conducted in accordance with the maintenance manual required by § 171.211(b).
(c) It must be shown during ground inspection of the design features of the equipment that there will not be conditions that will allow unsafe operations because of component failure or deterioration.
(d) Flight inspection to determine the adequacy of the facility's operational performance and compliance with applicable “Standards and Recommended Practices” are conducted in accordance with the “U.S. Standard Flight Inspection Manual.” The original test is made by the Federal Aviation Administration and later tests must be made under arrangements, satisfactory to the Federal Aviation Administration, that are made by the owner.
(a) The facility must be installed according to accepted good engineering practices, applicable electric and safety codes, and Federal Communications Commission requirements.
(b) The facility must have a reliable source of suitable primary power.
(c) Dual transmitting equipment may be required, if applicable, to support certain IFR procedures.
(d) At facilities within or immediately adjacent to controlled airspace and that are intended for use as instrument approach aids for an airport, there must be ground-air communications or reliable communications (at least a landline telephone) from the airport to the nearest Federal Aviation Administration air traffic control or communication facility. Compliance with this paragraph need not be shown at airports where an adjacent Federal Aviation Administration facility can communicate with aircraft on the ground at the airport and during the entire proposed instrument approach procedure. In addition, at low traffic density airports within or immediately adjacent to controlled airspace, and where extensive delays are not a factor, the requirements of this paragraph may be reduced to reliable communications (at least a landline telephone)
(a) The owner of the facility shall establish an adequate maintenance system and provide qualified maintenance personnel to maintain the facility at the level attained at the time it was commissioned. Each person who maintains a facility shall meet at a minimum the Federal Communications Commission's licensing requirements and show that he has the special knowledge and skills needed to maintain the facility, including proficiency in maintenance procedures and the use of specialized test equipment.
(b) The owner must prepare, and obtain approval of, and each person who operates or maintains the facility shall comply with, an operations and maintenance manual that sets forth procedures for operations, preventive maintenance, and emergency maintenance, including instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons only.
(3) Federal Communications Commission's requirements for operating and maintenance personnel.
(4) Posting of licenses and signs.
(5) Relations between the facility and Federal Aviation Administration air traffic control facilities, with a description of the boundaries of controlled airspace over or near the facility, instructions for relaying air traffic control instructions and information (if applicable).
(6) Notice to the Administrator of any suspension of service.
(7) Detailed arrangements for maintenance, flight inspection, and servicing, stating the frequency of servicing.
(8) Keeping of station logs and other technical reports, and the submission of reports required by § 171.213.
(9) Monitoring of the facility, at least once each half hour, to assure continuous operation.
(10) Inspections by U.S. personnel.
(11) Names, addresses, and telephone numbers of persons to be notified in an emergency.
(12) Shutdowns for routine maintenance and issue of “Notices to Airmen” for routine or emergency shutdowns (private use facilities may omit the “Notice to Airmen”).
(13) Commissioning of the facility.
(14) An acceptable procedure for amending or revising the manual.
(15) The following information concerning the facility:
(i) Location by latitude and longitude to the nearest second, and its position with respect to airport layouts.
(ii) The type, make, and model of the basic radio equipment that will provide the service.
(iii) The station power emission and frequency.
(iv) The hours of operation.
(v) Station identification call letters and methods of station identification, whether by Morse Code or recorded voice announcement, and the time spacing of the identification.
(c) If the owner desires to modify the facility, he shall submit the proposal to the Federal Aviation Administration and meet applicable requirements of the Federal Communications Commission, and must not allow any modification to be made without specific approval by the Federal Aviation Administration.
(d) The owner's maintenance personnel shall participate in initial inspections made by the Federal Aviation Administration. In the case of subsequent inspections, the owner or his representative shall participate.
(e) The owner shall provide a stock of spare parts, of such a quantity to make possible the prompt replacement of components that fail or deteriorate in service.
(f) The owner shall shut down the facility by ceasing radiation, and shall
The owner of each facility to which this subpart applies shall make the following reports, at the times indicated, to the Federal Aviation Administration Regional Office for the area in which the facility is located:
(a) Record of meter readings and adjustments (Form FAA-198). To be filled out by the owner or his maintenance representative with the equipment adjustments and meter readings as of the time of commissioning, with one copy to be kept in the permanent records of the facility and two copies to the appropriate Regional Office of the Federal Aviation Administration. The owner must revise the form after any major repair, modification, or retuning, to reflect an accurate record of facility operation and adjustment.
(b) Facility maintenance log (FAA Form 6030-1). This form is a permanent record of all equipment malfunctioning met in maintaining the facility, including information on the kind of work and adjustments made, equipment failures, causes (if determined), and corrective action taken. The owner shall keep the original of each report at the facility and send a copy to the appropriate Regional Office of the Federal Aviation Administration at the end of the month in which it is prepared.
(c) Radio equipment operation record (Form FAA-418), containing a complete record of meter readings, recorded on each scheduled visit to the facility. The owner shall keep the original of each month's record at the facility and send a copy of it to the appropriate Regional Office of the Federal Aviation Administration.
This subpart sets forth minimum requirements for the approval and operation of non-Federal Interim Standard Microwave Landing System (ISMLS) facilities that are to be involved in the approval of instrument flight rules and air traffic control procedures related to those facilities.
As used in this subpart:
(a) Each person who requests an IFR procedure based on an ISMLS facility that he owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment meets the performance requirements of §§ 171.259, 171.261, 171.263, 171.265, 171.267, and 171.269, and is installed in accordance with § 171.271.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and a maintenance manual that meets the requirements of § 171.273.
(4) A statement of intent to meet the requirements of this subpart.
(5) A showing that the ISMLS facility has an acceptable level of operational reliability, maintainability and acceptable standard of performance. Previous equivalent operational experience with a facility with identical design and operational characteristics will be considered in showing compliance with this paragraph.
(b) After the FAA inspects and evaluates the ISMLS facility, it advises the owner of the results and of any required changes in the ISMLS facility
(a) The following are the minimum requirements that must be met before the FAA approves an IFR procedure for a non-Federal ISMLS facility:
(1) The performance of the ISMLS facility, as determined by flight and ground inspection conducted by the FAA, must meet the requirements of §§ 171.259, 171.261, 171.263, 171.265, 171.267, and 171.269.
(2) The installation of the equipment must meet the requirements of § 171.271.
(3) The owner must agree to operate and maintain the ISMLS facility in accordance with § 171.273.
(4) The owner must agree to furnish periodic reports as set forth in § 171.275 and agree to allow the FAA to inspect the facility and its operation whenever necessary.
(5) The owner must assure the FAA that he will not withdraw the ISMLS facility from service without the permission of the FAA.
(6) The owner must bear all costs of meeting the requirements of this section and of any flight or ground inspection made before the ISMLS facility is commissioned, except that the FAA may bear certain costs subject to budgetary limitations and policy established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph (a) of this section, the FAA approves the ISMLS facility for use in an IFR procedure. The approval is withdrawn at any time that the ISMLS facility does not continue to meet those requirements. In addition, the ISMLS facility may be de-commissioned whenever the frequency channel is needed for higher priority common system service.
(a) The ISMLS consists of the following basic components:
(1) C-Band (5000 MHz-5030 MHz) localizer equipment, associated monitor system, and remote indicator equipment;
(2) C-Band (5220 MHz-5250 MHz) glide path equipment, associated monitor system, and remote indicator equipment;
(3) VHF marker beacons (75 MHz), associated monitor systems, and remote indicator equipment.
(4) An ISMLS airborne receiver or a VHF/UHF ILS receiver modified to be capable of receiving the ISMLS signals. This modification requires the addition of a C-Band antenna, a converter unit, a microwave/ILS mode control, and a VHF/UHF receiver modification kit.
(b) The electronic ground equipments in paragraph (a)(1), (2), and (3) of this section, must be designed to operate on a nominal 120/240 volt, 60 Hz, 3-wire single phase AC power source.
(c) ISMLS ground equipment must meet the following service conditions:
(1) AC line parameters, DC voltage, elevation, and duty:
120 V nominal value, 102 V to 138 V (±1 V).*
208 V nominal value, 177 V to 239 V (±2 V).*
240 V nominal value, 204 V to 276 V (±0.2 V).*
AC line frequency (60 Hz), 57 Hz to 63 Hz (±0.2 Hz).*
DC voltage (48 V), 44 V to 52 V (±0.5 V).*
*
Elevation, 0 to 10,000 ft. above sea level.
Duty, continuous, unattended.
(2) Ambient conditions for localizer and glide path equipment:
Temperature, −10 °C to +50 °C.
Relative humidity, 5% to 90%.
(3) Ambient conditions for marker beacon facilities and all other equipment installed outdoors (for example, antennae, field detectors, and shelters):
Temperature, −50 °C. to +70 °C.
Relative humidity, 5% to 100%.
(4) All equipment installed outdoors must operate satisfactorily under the following conditions:
Wind velocity, 0-100 MPH (not including gusts).
Hail stones,
Rain, provide coverage through a distance of 5 nautical miles with rain falling at a rate of 50 millimeters per hour, and with rain falling at the rate of 25 millimeters per hour for the additional design performance range of the system.
Ice loading, encased in
(d) The ISMLS must perform in accordance with the following standards and practices for Facility Performance Category I operation:
(1) The ISMLS must be constructed and adjusted so that, at a specified distance from the threshhold, similar instrumental indications in the aircraft represent similar displacements from the course line or ISMLS glide path, as appropriate, regardless of the particular ground installation in use.
(2) The localizer and glide path components listed in paragraphs (a)(1) and (a)(2) of this section which form part of an ISMLS, must comply at least with the standard performance requirements specified herein. The marker beacon components listed in paragraph (a)(3) of this section which form part of an ISMLS, must comply at least with the standard performance requirements specified in subpart H of this part.
(3) The ISMLS must be so designed and maintained that the probability of operation is within the performance requirements specified in § 171.273(k).
(e) The signal format and pairing of the runway localizer and glide path transmitter frequencies of an ISMLS must be in accordance with the frequency plan approved by the FAA, and must meet the following signal format requirements:
(1) The localizer and glide slope stations must transmit angular guidance information on a C-band microwave carrier on narrow, scanned antenna beams that are encoded to produce a modulation in space which, after averaging over several beam scans, is equivalent to the modulation used for conventional ILS as specified in subpart C of this part, except that the frequency tolerance may not exceed ±0.0001 percent.
(2) Guidance modulation must be impressed on the microwave carrier of the radiated signal in the form of a summation of 90 Hz and 150 Hz sinusoidal modulation corresponding to the pointing direction of the particular beam which radiates the signal.
(3) Each of the effective beam positions must be illuminated in a particular sequence for a short time interval. The modulation impressed on each beam must be a sample of the combined 90 Hz and 150 Hz waveform appropriate for that particular beam direction and time slot, and must be accomplished by appropriately varying the length of time the carrier is radiated during each beam illumination interval.
(4) For those cases where the scanning beam fills the coverage space in steps, the incremental step must not exceed 0.6 times the beam width where the beam is in the proportional guidance sector. In the clearance region, the step may not exceed 0.8 times the beam width.
(5) At least one pulse duration modulation (pdm) sample pulse per beam width of scan must be provided.
(6) The minimum pulse duration must be 40 microseconds.
(7) The minimum beam scan cycle must be 600 Hz.
(8) The minimum duty ratio detectable by a receiver located anywhere in the coverage areas defined by this specification may not be less than 0.1. Detected duty ratio means the ratio of the average energy per scan detected at a point in space to the average energy per scan transmitted in all directions through the transmitting antenna.
(9) The localizer must produce a C-band unmodulated reference frequency signal of sufficient strength to allow satisfactory operation of an aircraft receiver within the specified localizer and glide path coverage sectors. Pairing of this reference frequency with the localizer and glide slope frequencies must be in accordance with a frequency plan approved by the FAA.
This section prescribes the performance requirements for localizer equipment components of the ISMLS.
(a) The localizer antenna system must:
(1) Be located on the extension of the centerline of the runway at the stop end;
(2) Be adjusted so that the course line be on a vertical plane containing the centerline of the runway served;
(3) Have the minimum height necessary to comply with the coverage requirements prescribed in paragraph (j) of this section;
(4) Be located at a distance from the stop end of the runway that is consistent with safe obstruction clearance practices;
(5) Not obscure any light of the approach landing system; and
(6) Be installed on frangible mounts or beyond the 1000′ light bar.
(b) On runways where limited terrain prevents the localizer antennae from being positioned on the runway centerline extended, and the cost of the land fill or a tall tower antenna support is prohibitive, the localizer antenna array may be offset, including a collocated ground station, so that the course intercepts the centerline at a point determined by the amount of the angular offset and the glide path angle. If other than a runway centerline localizer is used, the criteria in subpart C of part 97 of this chapter is applicable.
(c) At locations where two separate ISMLS facilities serve opposite ends of of a single runway, an interlock must ensure that only the facility serving the approach direction being used will radiate.
(d) The radiation from the localizer antenna system must produce a composite field pattern which is pulse duration modulated, the time average equivalent to amplitude modulation by a 90 Hz and 150 Hz tone. The localizer station must transmit angular guidance information over a C-band microwave carrier on narrow, scanned antenna beams that are encoded to produce a modulation in space which, after averaging over several beam scans, is equivalent to the modulation used for conventional ILS as specified in subpart C of this part. The radiation field pattern must produce a course sector with one tone predominating on one side of the course and with the other tone predominating on the opposite side. When an observer faces the localizer from the approach end of the runway, the depth of modulation of the radio frequency carrier due to the 150 Hz tone must predominate on his right hand and that due to the 90 Hz tone must predominate on his left hand.
(e) All horizontal angles employed in specifying the localizer field patterns must originate from the center of the localizer antenna system which provides the signals used in the front course sector.
(f) The ISMLS course sector angle must be adjustable between 3 degrees and 9 degrees. The applicable course sector angle will be established and approved on an individual basis.
(g) The ISMLS localizer must operate in the band 5000 MHz to 5030 MHz. The frequency tolerance may not exceed ±0.0001 percent.
(h) The emission from the localizer must be vertically polarized. The horizontally polarized component of the radiation of the course line may not exceed that which corresponds to a DDM error of 0.016 when an aircraft is positioned on the course line and is in a roll attitude of 20 degrees from the horizontal.
(i) The localizer must provide signals sufficient to allow satisfactory operation of a typical aircraft installation within the localizer and glide path coverage sectors. The localizer coverage sector must extend from the center of the localizer antenna system to distances of 18 nautical miles minimum within ±10 degrees from the front course line, and 10 nautical miles minimum between ±10 degrees and ±35 degrees from the front course line. The ISMLS localizer signals must be receivable at the distances specified up from a surface extending outward from the localizer antenna and within a sector in the elevation plane from 0.300 to 1.750 of the established glide path angle (θ).
(j) Except as provided in paragraph (k) of this section, in all parts of the coverage volume specified in paragraph (i) of this section, the peak field strength may not be less than −87 dBW/m
(k) The minimum peak field strength on the ISMLS glide path and within the localizer course sector from a distance of 10 nautical miles to a height of
(l) Above 16 degrees, the ISMLS localizer signals must be reduced to as low a value as practicable.
(m) Bends in the course line may not have amplitudes which exceed the following:
(n) The amplitudes referred to in paragraph (m) of this section are the DDMs due to bends as realized on the mean course line, when correctly adjusted.
(o) The radio frequency carrier must meet the following requirements:
(1) The nominal depth of modulation of the radio frequency carrier due to each of the 90 Hz and 150 Hz tones must be 20 percent along the course line.
(2) The depth of modulation of the radio frequency carrier due to each of the 90 Hz and 150 Hz tones must be between 18 and 22 percent.
(3) The frequency tolerance of the 90 Hz and 150 Hz modulated tones must be within ±25 percent.
(4) Total harmonic content of the 90 Hz tone may not exceed 10 percent.
(5) Total harmonic content of the 150 Hz tone may not exceed 10 percent. However, a 300 Hz tone may be transmitted for identification purposes.
(6) At every half cycle of the combined 90 Hz and 150 Hz wave form, the modulation tones must be phase-locked so that within the half course sector, the demodulated 90 Hz and 150 Hz wave forms pass through zero in the same direction within 20 degrees with phase relative to the 150 Hz component. However, the phase need not be measured within the half course sector.
(p) The mean course line must be adjusted and maintained within ±.015DDM from the runway centerline at the ISMLS reference datum.
(q) The nominal displacement sensitivity within the half course sector at the ISMLS reference datum, must be 0.00145 DDM/meter (0.00044DDM/foot). However, where the specified nominal displacement sensitivity cannot be met, the displacement sensitivity must be adjusted as near as possible to that value.
(r) The lateral displacement sensitivity must be adjusted and maintained within 17 percent of the nominal value. Nominal sector width at the ISMLS reference datum is 210 meters (700 feet).
(s) The increase of DDM must be substantially linear with respect to angular displacement from the front course line where DDM is zero, up to angle on either side of the front course line where the DDM is 0.180. From that angle to ±10 degrees, the DDM may not be less than 0.180. From ±10 degrees to ±35 degrees, the DDM may not be less than 0.155.
(t) The localizer must provide for the simultaneous transmission of an identification signal which meets the following:
(1) It must be specific to the runway and approach direction, on the same radio frequency carrier, as used for the localizer function.
(2) Transmission of the identification signal may not interfere in any way with the basic localizer function.
(3) The signal must be produced by pulse duration modulation of the radio frequency carrier resulting in a detected audio tone in the airborne VHF receiver of 1020 Hz ±50Hz.
(4) The depth of modulation must be between the limits of 10 and 12 percent.
(5) The emissions carrying the identification signal must be vertically polarized.
(6) The identification signal must employ the International Morse Code and consist of three letters. It must be preceded by the International Morse Code signal of the letter “M” followed by a short pause where it is necessary to distinguish the ISMLS facility from other navigational facilities in the immediate area. At airports where both an ISMLS and an ILS are in operation, each facility must have a different identification call sign.
(7) The signal must be transmitted at a speed corresponding to approximately seven words per minute, and must be repeated at approximately
(a) The ISMLS localizer equipment must provide an automatic monitor system that transmits a warning to designated local and remote control points when any of the following occurs:
(1) A shift of the mean course line of the localizer from the runway centerline equivalent to more than 0.015 DDM at the ISMLS reference datum.
(2) For localizers in which the basic functions are provided by the use of a single-frequency system, a reduction of power output to less than 50 percent of normal or a loss of ground station identification transmissions.
(3) Changes of displacement sensitivity to a value differing by more than 17 percent from nominal value for the localizer.
(4) Failure of any part of the monitor itself. Such failure must automatically produce the same results as the malfunctioning of the element being monitored.
(b) Within 10 seconds of the occurrence of any of the conditions prescribed in paragraph (a) of this section, including periods of zero radiation, localizer signal radiation must cease or the navigation and identification components must be removed.
This section prescribes the performance requirements for glide path equipment components of the ISMLS. These requirements are based on the assumption that the aircraft is heading directly toward the facility.
(a) The glide slope antenna system must be located near the approach end of the runway, and the equipment must be adjusted so that the vertical path line will be in a sloping horizontal plane containing the centerline of the runway being served, and satisfy the coverage requirements prescribed in paragraph (g) of this section. For the purpose of obstacle clearance, location of the glide slope antenna system must be in accordance with the criteria specified in subpart C of part 97 of this chapter.
(b) The radiation from the glide path antenna system must produce a composite field pattern which is pulse duration modulated by a 90 Hz and a 150 Hz tone, which is the time average equivalent to amplitude modulation. The pattern must be arranged to provide a straight line descent path in the vertical plane containing the centerline of the runway, with the 150 Hz tone predominating below the path and the 90 Hz tone predominating above the path to at least an angle equal to 1.752θ. As used in this section theta (θ), denotes the nominal glide path angle. The glide path angle must be adjusted and maintained within 0.075θ.
(c) The glide path equipment must be capable of producing a radiated glide path from 3 to 9 degrees with respect to the horizontal. However, ISMLS glide path angles in excess of 3 degrees may be used to satisfy instrument approach procedures or to overcome an obstruction clearance problem, only in accordance with the criteria specified in subpart C of part 97 of this chapter.
(d) The downward extended straight portion of the ISMLS glide path must pass through the ISMLS reference datum at a height ensuring safe guidance over obstructions and safe and efficient use of the runway served. The height of the ISMLS reference datum must be in accordance with subpart C of part 97 of this chapter.
(e) The glide path equipment must operate in the band 5220 MHz to 5250 MHz. The frequency tolerance may not exceed ±0.0001 percent.
(f) The emission from the glide path equipment must be vertically polarized.
(g) The glide path equipment must provide signals sufficient to allow satisfactory operation of a typical aircraft installation insectors of 8 degrees on each side of the centerline of the ISMLS glide path, to a distance of at least 10 nautical miles up to 1.75θ and down to 0.45θ above the horizontal or to such lower angle at which 0.22 DDM is realized.
(h) To provide the coverage for glide path performance specified in paragraph (g) of this section, the minimum peak field strength within this coverage sector must be −82 dBW/m
(i) Bends in the glide path may not have amplitudes which exceed the following:
(j) Guidance modulation must be impressed on the microwave carrier of the radiated glide slope signal in the form of a unique summation of 90 Hz and 150 Hz sinusoidal modulation corresponding to the point direction of the particular beam which radiates the signal. Each of the effective beam positions must be illuminated in sequence for a short time interval. The scan rate must be synchronous with the 90 and 150 Hz tone base. The modulation impressed on each beam must be a sample of the combined 90 Hz and 150 Hz waveform appropriate for that particular beam direction and time slot. The actual modulation must be accomplished by appropriately varying the length of time the carrier is radiated during each beam illumination interval.
(k) The nominal depth of modulation of the radio frequency carrier due to each of the 90 Hz and 150 Hz tones must be 40 percent along the ISMLS glide path. The depth of modulation may not deviate outside the limits of 37.5 percent to 42.5 percent.
(l) The following tolerances apply to the frequencies of the modulating tones:
(1) The modulating tones must be 90 Hz and 150 Hz within 2.5 percent.
(2) The total harmonic content of the 90 Hz tone may not exceed 10 percent.
(3) The total harmonic content of the 150 Hz tone may not exceed 10 percent.
(m) At every half cycle of the combined 90 Hz and 150 Hz wave form, the modulation must be phase-locked so that, within the ISMLS half glide path sector, the demodulated 90 Hz and 150 Hz wave forms pass through zero in the same direction within 20 degrees of phase relative to the 150 Hz component. However, the phase need not be measured within the ISMLS half glide path sector.
(n) The nominal angular displacement sensitivity must correspond to a DDM of 0.0875 at an angular displacement above and below the glide path of 0.12θ. The glide path angular displacement sensitivity must be adjusted and maintained within ±25 percent of the nominal value selected. The upper and lower sectors must be as symmetrical as practicable within the limits prescribed in this paragraph.
(o) The DDM below the ISMLS glide path must increase smoothly for decreasing angle until a value of 0.22 DDM is reached. This value must be achieved at an angle not less than 0.30θ above the horizontal. However, if it is achieved at an angle above 0.45θ, the DDM value may not be less than 0.22 at least down to an angle of 0.45θ.
(a) The ISMLS glide path equipment must provide an automatic monitor system that transmits a warning to designated local and remote control points when any of the following occurs:
(1) A shift of the mean ISMLS glide path angle equivalent to more than 0.075θ.
(2) For glide paths in which the basic functions are provided by the use of a single frequency system, a reduction of power output to less than 50 percent.
(3) A change of the angle between the glide path and the line below the glide path (150 Hz predominating), at which a DDM of 0.0875 is realized by more than ±0.0375θ.
(4) Lowering of the line beneath the ISMLS glide path at which a DDM of 0.0875 is realized to less than 0.75θ from the horizontal.
(5) Failure of any part of the monitor itself. Such failure must automatically produce the same results as the malfunctioning of the element being monitored.
(b) At glide path facilities where the selected nominal angular displacement sensitivity corresponds to an angle below the ISMLS glide path, which is close to or at the maximum limits specified, an adjustment to the monitor operating limits may be made to protect against sector deviations below 0.75θ from the horizontal.
(c) Within 10 seconds of the occurrence of any of the conditions prescribed in paragraph (a) of this section, including periods of zero radiation, glide path signal radiation must cease.
ISMLS marker beacon equipment must meet the performance requirements prescribed in subpart H of this part.
(a) The ISMLS facility must be permanent in nature, located, constructed, and installed according to accepted good engineering practices, applicable electric and safety codes, FCC licensing requirements, and paragraphs (a) and (c) of § 171.261.
(b) The ISMLS facility must have a reliable source of suitable primary power, either from a power distribution system or locally generated. Adequate power capacity must be provided for the operation of test and working equipment of the ISMLS.
(c) The ISMLS facility must have a continuously engaged or floating battery power source for the ground station for continued normal operation if the primary power fails. A trickle charge must be supplied to recharge the batteries during the period of available primary power. Upon loss and subsequent restoration of power, the batteries must be restored to full charge within 24 hours. When primary power is applied, the state of the battery charge may not affect the operation of the ISMLS ground station. The battery must permit continuation of normal operation for at least two hours under the normal operating conditions. The equipment must meet all specification requirements with or without batteries installed.
(d) There must be a means for determining, from the ground, the performance of the equipment including antennae, both initially and periodically.
(e) The facility must have, or be supplemented by, ground-air or landline communications services. At facilities within or immediately adjacent to controlled airspace and that are intended for use as instrument approach aids for an airport, there must be ground-air communications or reliable communications (at least a landline telephone) from the airport to the nearest Federal Aviation Administration air traffic control or communication facility. Compliance with this paragraph need not be shown at airports where an adjacent Federal Aviation Administration facility can communicate with aircraft on the ground at the airport and during the entire proposed instrument approach procedure. In addition, at low traffic density airports within or immediately adjacent to controlled airspace, and where extensive delays are not a factor, the requirements of this paragraph may be reduced to reliable communications (at least a landline telephone) from the airport to the nearest Federal Aviation Administration air traffic control or communications facility, if an adjacent Federal Aviation Administration facility can communicate with aircraft during the proposed instrument approach procedure, at least down to the minimum en route altitude for the controlled area.
(f) Except where no operationally harmful interference will result, at locations where two separate ISMLS facilities serve opposite ends of a single runway, an interlock must ensure that only the facility serving the approach direction in use can radiate.
(a) The owner of the facility must establish an adequate maintenance system and provide qualified maintenance personnel to maintain the facility at the level attained at the time it was commissioned. Each person who maintains a facility must meet at least the Federal Communications Commission's licensing requirements and show that he has the special knowledge and skills needed to maintain the facility, including proficiency in maintenance procedures and the use of specialized test equipment.
(b) In the event of out-of-tolerance conditions or malfunctions, as evidenced by receiving two successive pilot reports, the owner must close the facility be ceasing radiation, and issue a “Notice to Airman” (NOTAM) that the facility is out of service.
(c) The owner must prepare, and obtain approval of, an operations and maintenance manual that sets forth mandatory procedures for operations, periodic maintenance, and emergency maintenance, including instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons.
(3) FCC licensing requirements for operations and maintenance personnel.
(4) Posting of licenses and signs.
(5) Relation between the facility and FAA air traffic control facilities, with a description of the boundaries of controlled airspace over or near the facility, instructions for relaying air traffic control instructions and information, if applicable, and instructions for the operation of an air traffic advisory service if the facility is located outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or incorporating appropriate sections of FAA manuals by reference.
(9) Keeping of station logs and other technical reports, and the submission of reports required by § 171.275.
(10) Monitoring of the ISMLS facility.
(11) Inspections by United States personnel.
(12) Names, addresses, and telephone numbers of persons to be notified in an emergency.
(13) Shutdowns for periodic maintenance and issue of “Notices to Airmen” for routine or emergency shutdowns.
(14) Commissioning of the ISMLS facility.
(15) An acceptable procedure for amending or revising the manual.
(16) An explanation of the kinds of activities (such as construction or grading) in the vicinity of the ISMLS facility that may require shutdown or recertification of the ISMLS facility by FAA flight check.
(17) Procedures for conducting a ground check of the localizer course alignment, width, and clearance, glide path elevation angle and course width, and marker beacon power, and modulation.
(18) The following information concerning the ISMLS facility:
(i) Facility component locations with respect to airport layout, instrument runways, and similar areas.
(ii) The type, make, and model of the basic radio equipment that provides the service.
(iii) The station power emission and frequencies of the ISMLS localizer, glide path, beacon markers, and associated compass locators, if any.
(iv) The hours of operation.
(v) Station identification call letters and method of station identification and the time spacing of the identification.
(vi) A description of the critical parts that may not be changed, adjusted, or repaired without an FAA flight check to confirm published operations.
(d) The owner or his maintenance representative must make a ground check of the ISMLS facility periodically in accordance with procedures approved by the FAA at the time of commissioning, and must report the results of the checks as provided in § 171.275.
(e) Modifications to an ISMLS facility may be made only after approval by the FAA of the proposed modification submitted by the owner.
(f) The owner or the owner's maintenance representative must participate in inspections made by the FAA.
(g) Whenever it is required by the FAA, the owner must incorporate improvements in ISMLS maintenance.
(h) The owner or his maintenance representative must provide a sufficient stock of spare parts, including solid state components, or modules to make possible the prompt replacement of components or modules that fail or deteriorate in service.
(i) FAA approved test instruments must be used for maintenance of the ISMLS facility.
(j) The mean corrective maintenance time of the ISMLS equipment may not exceed 0.5 hours, with a maximum corrective maintenance time of not greater than 1.5 hours. This measure applies to failures of the monitor, transmitter and associated antenna assemblies, limited to unscheduled outage and out-of-tolerance conditions.
(k) The mean time between failures of the ISMLS equipment may not be less than 1,500 hours. This measure applies to unscheduled outages, out-of-tolerance conditions, and failures of the monitor, transmitter, and associated antenna assemblies.
(l) Inspection consists of an examination of the ISMLS equipment to ensure that unsafe operating conditions do not exist.
(m) Monitoring of the ISMLS radiated signal must ensure a high degree of integrity and minimize the requirements for ground and flight inspection. The monitor must be checked periodically during the in-service test evaluation period for calibration and stability. These tests and ground checks of glide slope, localizer, and marker beacon radiation characteristics must be conducted in accordance with the maintenance requirements of this section.
The owner of the ISMLS facility or his maintenance representative must make the following reports at the indicated time to the appropriate FAA Regional Office where the facility is located.
(a)
(b)
(c)
This subpart sets forth minimum requirements for the approval, installation, operation and maintenance of non-Federal Microwave Landing System (MLS) facilities that provide the basis for instrument flight rules (IFR) and air traffic control procedures.
As used in this subpart:
(a) Each person who requests an IFR procedure based on an MLS facility which that person owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment meets the performance requirements of §§ 171.309, 171.311, 171.313, 171.315, 171.317, 171.319, and 171.321 and is fabricated and installed in accordance with § 171.323.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and a maintenance manual that meets the requirements of § 171.325.
(4) A statement of intent to meet the requirements of this subpart.
(5) A showing that the facility has an acceptable level of operational reliability and an acceptable standard of performance. Previous equivalent operational experience with a facility with identical design and operational characteristics will be considered in showing compliance with this subparagraph.
(b) FAA inspects and evaluates the MLS facility; it advises the owner of the results, and of any required changes in the MLS facility or in the maintenance manual or maintenance organization. The owner must then correct the deficiencies, if any, and operate the MLS facility for an in-service evaluation by the FAA.
(a) The following are the minimum requirements that must be met before the FAA approves an IFR procedure for a non-Federal MLS facility:
(1) The performance of the MLS facility, as determined by flight and ground inspection conducted by the FAA, must meet the requirements of §§ 171.309, 171.311, 171.313, 171.315, 171.317, 171.319, and 171.321.
(2) The fabrication and installation of the equipment must meet the requirements of § 171.323.
(3) The owner must agree to operate and maintain the MLS facility in accordance with § 171.325.
(4) The owner must agree to furnish operational records as set forth in § 171.327 and agree to allow the FAA to inspect the facility and its operation whenever necessary.
(5) The owner must assure the FAA that he will not withdraw the MLS facility from service without the permission of the FAA.
(6) The owner must bear all costs of meeting the requirements of this section and of any flight or ground inspection made before the MLS facility is commissioned.
(b) [Reserved]
The MLS is a precision approach and landing guidance system which provides position information and various ground-to-air data. The position information is provided in a wide coverage sector and is determined by an azimuth angle measurement, an elevation angle measurement and a range (distance) measurement.
(a) An MLS constructed to meet the requirements of this subpart must include:
(1) Approach azimuth equipment, associated monitor, remote control and indicator equipment.
(2) Approach elevation equipment, associated monitor, remote control and indicator equipment.
(3) A means for the encoding and transmission of essential data words, associated monitor, remote control and indicator equipment. Essential data are basic data words 1, 2, 3, 4, and 6 and auxiliary data words A1, A2 and A3.
(4) Distance measuring equipment (DME), associated monitor, remote control and indicator equipment.
(5) Remote controls for paragraphs (a) (1), (2), (3), and (4) of this section must include as a minimum on/off and reset capabilities and may be integrated in the same equipment.
(6) At locations where a VHF marker beacon (75 MHz) is already installed, it may be used in lieu of the DME equipment.
(b) In addition to the equipment required in paragraph (a) of this section the MLS may include:
(1) Back azimuth equipment, associated monitor, remote control and indicator equipment. When Back Azimuth is provided, a means for transmission of Basic Data Word 5 and Auxiliary Data Word A4 shall also be provided.
(2) A wider proportional guidance sector which exceeds the minimum specified in §§ 171.313 and 171.317.
(3) Precision DME, associated monitor, remote control and indicator equipment.
(4) VHF marker beacon (75 MHz), associated monitor, remote control and indicator equipment.
(5) The MLS signal format will accommodate additional functions (e.g., flare elevation) which may be included as desired. Remote controls for paragraphs (b) (1), (3) and (4) of this section must include as a minimum on/off and reset capabilities, and may be integrated in the same equipment.
(6) Provisions for the encoding and transmission of additional auxiliary data words, associated monitor, remote control and indicator equipment.
(c) MLS ground equipment must be designed to operate on a nominal 120/240 volt, 60 Hz, 3-wire single phase AC power source and must meet the following service conditions:
(1) AC line parameters, DC voltage, elevation and duty:
*
(2) Ambient conditions within the shelter for electronic equipment installed in shelters are:
(3) Ambient conditions for electronic equipment and all other equipment installed outdoors (for example, antenna, field detectors, and shelters):
(4) All equipment installed outdoors must operate satisfactorily under the following conditions:
(d) The transmitter frequencies of an MLS must be in accordance with the frequency plan approved by the FAA.
(e) The DME component listed in paragraph (a)(4) of this section must comply with the minimum standard performance requirements specified in subpart G of this part.
(f) The marker beacon components listed in paragraph (b)(4) of this section must comply with the minimum standard performance requirements specified in subpart H of this part.
The signals radiated by the MLS must conform to the signal format in which angle guidance functions and data functions are transmitted sequentially on the same C-band frequency. Each function is identified by a unique digital code which initializes the airborne receiver for proper processing. The signal format must meet the following minimum requirements:
(a)
(b)
(2) Rotation of the receiving antenna thirty degrees from the vertically polarized position must not cause the path following error to exceed the allowed error at that location.
(c)
(1) DPSK. The DPSK signal must have the following characteristics:
(2) CW. The CW pulse transmissions and the CW angle transmissions as may be required in the signal format of any function must have characteristics such that the requirements of paragraph (d) of this section are met.
(d)
(e)
(f)
(g)
(h)
(i)
(1)
(i)
(ii)
(2)
(i) Preamble. Must be in accordance with requirements of § 171.311(i)(1).
(ii)
(A)
(B)
(C)
The duration of each pulse measured at the half amplitude point shall be at least 100 microseconds, and the rise and fall times shall be less then 10 microseconds. It shall be permissible to sequentially transmit two pulses in each out-of-coverage indication time slot. Where pulse pairs are used, the duration of each pulse shall be at least 50 microseconds, and the rise and fall times shall be less then 10 microseconds. The transmission of out-of-coverage indication pulses radiated from antennas with overlapping coverage patterns shall be separated by at least 10 microseconds.
If desired, two pulses may be sequentially transmitted in each OCI time slot. Where pulse pairs are used, the duration of each pulse must be 45 (±5) microseconds and the rise and fall times must be less than 10 microseconds.
(D)
(iii)
(A)
(B)
(C)
(iv)
(3)
(i)
(ii)
(j)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
For example, this data item would be encoded 090 for an approach azimuth antenna serving runway 27 (assuming the magnetic heading is 270 degrees) when sited such that the zero degree radial is parallel to centerline.
(12)
For example, this data item would be encoded 270 for a Back Azimuth Antenna serving runway 27 (assuming the magnetic heading is 270 degrees) when sited such that the zero degree radial is parallel to centerline.
(13)
(14)
Bit b
(k)
(l)
(m)
(2)
(3)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
This section prescribes the performance requirements for the azimuth equipment of the MLS as follows:
(a)
Parity bits I
Parity bits I
Even = (I
Even = (I
Even = (I
Even = (I
Even = (I
Even = (I
Even = I
Code for I
The convention for the coding of negative numbers is as follows: − MSB is the sign bit; 0 = + ; 1 = −.
—Other bits represent the absolute value.
The convention for the antenna location is as follows: As viewed from the MLS approach reference datum looking toward the datum point, a positive number shall represent a location to the right of the runway centerline (lateral offset) or above the runway (vertical offset), or towards the stop end of the runway (longitudinal distance).
The convention for the antenna alignment is as follows: As viewed from above, a positive number shall represent clockwise rotation from the runway centerline to the respective zero-degree guidance plane.
Data Word A3 is transmitted at intervals of 1.0 seconds or less throughout the approach Azimuth coverage sector, except when back Azimuth guidance is provided. Where back Azimuth is provided transmit at intervals of 1.33 seconds or less throughout the approach Azimuth sector and 4.0 seconds or less throughout the back Azimuth coverage sector.
When back Azimuth guidance is provided, transmit at intervals of 1.33 seconds or less throughout the back Azimuth coverage sector and 4.0 seconds or less throughout the approach Azimuth coverage sector.
The designation “A1” represents the function identification code for “Auxiliary Data A” and address code number 1.
(1) Horizontally within a sector plus or minus 40 degrees about the runway centerline originating at the datum point and extending in the direction of the approach to 20 nautical miles from the runway threshold. The minimum proportional guidance sector must be plus or minus 10 degrees about the runway centerline. Clearance signals must be used to provide the balance of the required coverage, where the proportional sector is less than plus or minus 40 degrees. When intervening obstacles prevent full coverage, the ±40° guidance sector can be reduced as required. For systems providing ±60° lateral guidance
(2) Vertically between:
(i) A conical surface originating 2.5 meters (8 feet) above the runway centerline at threshold inclined at 0.9 degree above the horizontal.
(ii) A conical surface originating at the azimuth ground equipment antenna inclined at 15 degrees above the horizontal to a height of 6,000 meters (20,000 feet).
(iii) Where intervening obstacles penetrate the lower surface, coverage need be provided only to the minimum line of sight.
(3) Runway region:
(i) Proportional guidance horizontally within a sector 45 meters (150 feet) each side of the runway centerline beginning at the stop end and extending parallel with the runway centerline in the direction of the approach to join the approach region. This requirement does not apply to offset azimuth installations.
(ii) Vertically between a horizontal surface which is 2.5 meters (8 feet) above the farthest point of runway centerline which is in line of sight of the azimuth antenna, and in a conical surface originating at the azimuth ground equipment antenna inclined at 20 degrees above the horizontal up to a height to 600 meters (2,000 feet). This requirement does not apply to offset azimuth installations.
(4) Within the approach azimuth coverage sector defined in paragraphs (a) (1), and (2) and (3) of this section, the power densities must not be less than those shown in Table 9 but the equipment design must also allow for:
(i) Transmitter power degradation from normal by −1.5 dB;
(ii) Rain loss of −2.2 dB at the longitudinal coverage extremes.
(b)
(1) Be located on the extension of the centerline of the runway beyond the stop end;
(2) Be adjusted so that the zero degree azimuth plane will be a vertical plane which contains the centerline of the runway served;
(3) Have the minimum height necessary to comply with the coverage requirements prescribed in paragraph (a) of this section;
(4) Be located at a distance from the stop end of the runway that is consistent with safe obstruction clearance practices;
(5) Not obscure any light of an approach lighting system; and
(6) Be installed on frangible mounts or beyond the 300 meter (1,000 feet) light bar.
(c) On runways where limited terrain prevents the azimuth antenna from being positioned on the runway centerline extended, and the cost of the land fill or a tall tower antenna support is prohibitive, the azimuth antenna may be offset.
(d)
(e)
At the approach reference datum, temporal sinusoidal noise components shall not exceed 0.025 degree peak in the frequency band 0.01 Hz to 1.6 Hz, and the CMN shall not exceed 0.10 degree. From the approach reference
(i) With distance along the runway centerline extended, by a factor of 1.2 for the PFE and PFN limits and to ±0.10 degree for the CMN limits.
(ii) With azimuth angle, by a factor of 1.5 at the ±40 degree and a factor of 2.0 at the ±60 degree azimuth angles for the PFE, PFN and CMN limits.
(iii) With elevation angle from +9 degrees to +15 degrees, by a factor of 1.5 for the PFE and PFN limits.
(iv) Maximum angular limits. The PFE limits shall not exceed ±0.25 degree in any coverage region below an elevation angle of +9 degrees nor exceed ±0.50 degree in any coverage region above that elevation angle. The CMN limits shall not exceed ±0.10 degree in any coverage region within ±10 degrees of runway centerline extended nor exceed ±0.20 degree in any other region within coverage.
It is desirable that the CMN not exceed ±0.10 degree throughout the coverage.
(f) Approach azimuth antenna characteristics are as follows:
(1)
(2)
(3)
(4)
(i)
(ii)
(5)
(6)
(g)
(1) Horizontally within a sector ±40 degrees about the runway centerline originating at the back azimuth ground equipment antenna and extending in the direction of the missed approach at least to 20 nautical miles from the runway stop end. The minimum proportional guidance sector must be ±10 degrees about the runway centerline. Clearance signals must be
(2) Vertically in the runway region between:
(i) A horizontal surface 2.5 meters (8 feet) above the farthest point of runway centerline which is in line of sight of the azimuth antenna, and,
(ii) A conical surface originating at the azimuth ground equipment antenna inclined at 20 degrees above the horizontal up to a height of 600 meters (2000 feet).
(3) Vertically in the back azimuth region between:
(i) A conical surface originating 2.5 meters (8 feet) above the runway stop end, included at 0.9 degree above the horizontal, and,
(ii) A conical surface orginating at the missed approach azimuth ground equipment antenna, inclined at 15 degrees above the horizontal up to a height of 1500 meters (5000 feet).
(iii) Where obstacles penetrate the lower coverage limits, coverage need be provided only to minimum line of sight.
(4) Within the back azimuth coverage sector defined in paragraph (q) (1), (2), and (3) of this section the power densities must not be less than those shown in Table 9, but the equipment design must also allow for:
(i) Transmitter power degradation from normal −1.5 dB.
(ii) Rain loss of −2.2 dB at the longitudinal coverage extremes.
(h)
(1) Normally be located on the extension of the runway centerline at the threshold end;
(2) Be adjusted so that the vertical plane containing the zero degree course line contains the back azimuth reference datum;
(3) Have minimum height necessary to comply with the course requirements prescribed in paragraph (g) of this section;
(4) Be located at a distance from the threshold end that is consistent with safe obstruction clearance practices;
(5) Not obscure any light of an approach lighting system; and
(6) Be installed on frangible mounts or beyond the 300 meter (1000 feet) light bar.
(i)
(j)
(k)
(l)
(m)
False courses may be due to (but not limited to) MLS airborne receiver acquisition of the following types of false guidance: reflections of the scanning beam, scanning beam antenna sidelobes and grating lobes, and incorrect clearance.
(a) The approach azimuth or back azimuth monitor system must cause the radiation to cease and a warning must be provided at the designated control point if any of the following conditions persist for longer than the periods specified:
(1) There is a change in the ground equipment contribution to the mean course error component such that the path following error at the reference datum or in the direction of any azimuth radial, exceeds the limits specified in §§ 171.313(e)(1) or 171.313(j) for a period of more than one second.
The above requirement and the requirement to limit the ground equipment mean error to ±10 ft. can be satisfied by the following procedure. The integral monitor alarm limit should be set to the angular equivalent of ±10 ft. at the approach reference datum. This will limit the electrical component of the mean course error to ±10 ft. The field monitor alarm limit should be set such that with the mean course error at the alarm limit the total allowed PFE is not exceeded on any commissioned approach course from the limit of coverage to an altitude of 100 feet.
(2) There are errors in two consecutive transmissions of Basic Data Words 1, 2, 4 or 5.
(3) There is a reduction in the radiated power to a level not less than that specified in §171.313(a)(4) or § 171.313(g)(4) for a period of more than one second.
(4) There is an error in the preamble DPSK transmissions which occurs more than once in any one second period.
(5) There is an error in the time division multiplex synchronization of a particular azimuth function that the requirement specified in § 171.311(e) is not satisfied and if this condition persists for more than one second.
(6) A failure of the monitor is detected.
(b) Radiation of the following fuctions must cease and a warning provided at the designated control point if there are errors in 2 consecutive transmissions:
(1) Morse Code Identification,
(2) Basic Data Words 3 and 6,
(3) Auxiliary Data Words.
(c) The period during which erroneous guidance information is radiated must not exceed the periods specified in § 171.315(a). If the fault is not cleared within the time allowed, the ground equipment must be shut down. After shutdown, no attempt must be made to restore service until a period of 20 seconds has elapsed.
This section prescribes the performance requirements for the elevation equipment components of the MLS as follows:
(a)
(1) Laterally within a sector originating at the datum point which is at least equal to the proportional guidance sector provided by the approach azimuth ground equipment.
(2) Longitudinally from 75 meters (250 feet) from the datum point to 20 nautical miles from threshold in the direction of the approach.
(3) Vertically within the sector bounded by:
(i) A surface which is the locus of points 2.5 meters (8 feet) above the runway surface;
(ii) A conical surface originating at the datum point and inclined 0.9 degree above the horizontal and,
(iii) A conical surface originating at the datum point and inclined at 15.0 degrees above the horizontal up to a height of 6000 meters (20,000 feet).
(4) Within the elevation coverage sector defined in paragraphs (a) (1), (2) and (3) of this section, the power densities must not be less than those shown in Table 9, but the equipment design must also allow for:
(i) Transmitter power degradation from normal by −1.5 dB.
(ii) Rain loss of −2.2 dB at the coverage extremes.
(b)
(1) Be located as close to runway centerline as possible (without violating obstacle clearance criteria).
(2) Be located near runway threshold such that the asymptote of the minimum glidepath crosses the threshold of the runway at the Approach Reference Datum height. Normally, the minimum glidepath should be 3 degrees and the Approach Reference Datum height should be 50 feet. However, there are circumstances where other glideslopes and reference datum heights are appropriate. Some of these instances are discussed in FAA Order 8260.34 (Glide Slope Threshold Crossing Height Requirements) and Order 8260.3 (IFR Approval of MLS.)
(3) Be located such that the MLS Approach Reference Datum and ILS Reference Datum heights are coincident within a tolerance of 3 feet when MLS is installed on a runway already served by an ILS. This requirement applies only if the ILS glide slope is sited such that the height of the reference datum meets the requirements of FAA Order 8260.34.
(c)
(d)
(i) With distance along the runway centerline extended at the minimum glide path angle, by a factor of 1.2 for the PFE and PFN limits and to ±0.10 degree for the CMN limits;
(ii) With azimuth angle, from runway centerline extended to the coverage extreme, by a factor of 1.2 for the PFE and PFN limits and by a factor of 2.0 for the CMN limits;
(iii) With increasing elevation angles from +3 degrees to +15 degrees, by a factor of 2.0 for the PFE and PFN limits;
(iv) With decreasing elevation angle from +3 degrees (or 60% of the minimum glide path angle, whichever is less) to the coverage extreme, by a factor of 3 for the PFE, PFN and CMN limits; and
(v) Maximum angular limits. the CMN limits shall not exceed ±0.10 degree in any coverage region within ±10 degrees laterally of runway centerline extended which is above the elevation angle specified in (iv) above.
It is desirable that the CMN not exceed ±0.10 degree throughout the coverage region above the elevation angle specified in paragraph (d)(1)(iv) of this section.
(2) The system and ground subsystem accuracies shown in Table 13 are to be demonstrated at commissioning as maximum error limits. Subsequent to commissioning, the accuracies are to be considered at 95% probability limits.
(e) Elevation antenna characteristics are as follows:
(1)
(2)
(3)
(4)
(i)
(ii)
(5)
(6)
(f)
False courses may be due to (but not limited to) MLS airborne receiver acquisition of the following types of false guidance: reflections of the scanning beam and scanning beam antenna sidelobes and grating lobes.
(a) The monitor system must act to ensure that any of the following conditions do not persist for longer than the periods specified when:
(1) There is a change in the ground component contribution to the mean glidepath error component such that the path following error on any glidepath exceeds the limits specified in § 171.317(d) for a period of more than one second.
The above requirement and the requirement to limit the ground equipment mean error to ±0.067 degree can be satisfied by the following procedure. The integral monitor alarm limit should be set to ±0.067 degree. This will limit the electrical component of mean glidepath error to ±0.067 degree. The field monitor alarm limit should be set such that with the mean glidepath error at the alarm limit the total allowed PFE is not exceeded on any commissioned glidepath from the limit of coverage to an altitude of 100 feet.
(2) There is a reduction in the radiated power to a level not less than that specified in § 171.317(a)(4) for a period of more than one second.
(3) There is an error in the preamble DPSK transmission which occurs more than once in any one second period.
(4) There is an error in the time division multiplex synchronization of a particular elevation function such that the requirement specified in § 171.311(e) is not satisfied and this condition persists for more than one second.
(5) A failure of the monitor is detected.
(b) The period during which erroneous guidance information is radiated must not exceed the periods specified in § 171.319(a). If the fault is not cleared within the time allowed, radiation shall cease. After shutdown, no attempt must be made to restore service until a period of 20 seconds has elapsed.
(a) The DME equipment must meet the performance requirements prescribed in subpart G of the part. This subpart imposes requirements that performance features must comply with International Standards and Recommended Practices, Aeronautical Telecommunications, Vol. I of Annex 10 to ICAO. It is available from ICAO, Aviation Building, 1080 University Street, Montreal 101, Quebec, Canada, Attention: Distribution Officer and also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
(b) MLS marker beacon equipment must meet the performance requirements prescribed in subpart H of this part. This subpart imposes requirements that performance features must comply with International Standards and Recommended Practices, Aeronautical Telecommuncations, Vol. I of Annex 10 to ICAO.
(a) The MLS facility must be permanent and must be located, constructed, and installed in accordance with best commercial engineering practices, using applicable electric and safety codes and Federal Communications Commission (FCC) licensing requirements and siting requirements of §§ 171.313(b) and 171.317(b).
(b) The MLS facility components must utilize solid state technology except that traveling wave tube amplifiers (TWTA) may be used. A maximum level of common modularity must be provided along with diagnostics to facilitate maintenance and troubleshooting.
(c) An approved monitoring capability must be provided which indicates the status of the equipment at the site and at a remotely located maintenance area, with monitor capability that provides pre-alarm of impending system failures. This monitoring feature must be capable of transmitting the status and pre-alarm over standard phone lines to a remote section. In the event the sponsor requests the FAA to assume ownership of the facility, the monitoring feature must also be capable of interfacing with FAA remote monitoring requirements. This requirement may be complied with by the addition of optional software and/or hardware in space provided in the original equipment.
(d) The mean corrective maintenance time of the MLS equipment must be equal to or less than 0.5 hours with a maximum corrective maintenance time not to exceed 1.5 hours. This measure applies to correction of unscheduled failures of the monitor, transmitter and associated antenna assemblies, limited to unscheduled outage and out of tolerance conditions.
(e) The mean-time-between-failures of the MLS angle system must not be less than 1,500 hours. This measure applies to unscheduled outage, out-of-tolerance conditions, and failures of the monitor, transmitter, and associated antenna assemblies.
(f) The MLS facility must have a reliable source of suitable primary power, either from a power distribution system or locally generated. Adequate power capacity must be provided for the operation of the MLS as well as the test and working equipment of the MLS.
(g) The MLS facility must have a continuously engaged or floating battery power source for the continued normal operation of the ground station
(h) There must be a means for determining, from the ground, the performance of the system including antenna, both initially and periodically.
(i) The facility must have, or be supplemented by, ground, air, or landline communications services. At facilities within or immediately adjacent to controlled airspace, that are intended for use as instrument approach aids for an airport, there must be ground air communications or reliable communications (at least a landline telephone) from the airport to the nearest FAA air traffic control or communication facility. Compliance with this paragraph need not be shown at airports where an adjacent FAA facility can communicate with aircraft on the ground at the airport and during the entire proposed instrument approach procedure. In addition, at low traffic density airports within or immediately adjacent to controlled airspace, and where extensive delays are not a factor, the requirements of this paragraph may be reduced to reliable communications from the airport to the nearest FAA air traffic control or communications facility. If the adjacent FAA facility can communicate with aircraft during the proposed instrument approach procedure down to the airport surface or at least down to the minimum en route altitude, this would require at least a landline telephone.
(j) The location of the phase center for all antennas must be clearly marked on the antenna enclosures.
(k) The latitude, longitude and mean sea level elevation of all MLS antennas, runway threshold and runway stop end must be determined by survey with an accuracy of ±3 meters (±10 feet) laterally and ±0.3 meter (±1.0 foot) vertically. The relative lateral and vertical offsets of all antenna phase centers, and both runway ends must be determined with an accuracy of ±0.3 meter (±1.0 foot) laterally and ±0.03 meter (±0.1 foot) vertically. The owner must bear all costs of the survey. The results of this survey must be included in the “operations and maintenance” manual required by section 171.325 of this subpart and will be noted on FAA Form 198 required by § 171.327.
(a) The owner of the facility must establish an adequate maintenance system and provide MLS qualified maintenance personnel to maintain the facility at the level attained at the time it was commissioned. Each person who maintains a facility must meet the FCC licensing requirements and demonstrate that he has the special knowledge and skills needed to maintain an MLS facility, including proficiency in maintenance procedures and the use of specialized test equipment.
(b) In the event of out-of-tolerance conditions or malfunctions, as evidenced by receiving two successive pilot reports, the owner must close the facility by encasing radiation, and issue a “Notice to Airmen” (NOTAM) that the facility is out of service.
(c) The owner must prepare, and obtain approval of, an operations and maintenance manual that sets forth mandatory procedures for operations, periodic maintenance, and emergency maintenance, including instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons.
(3) FCC licensing requirements for operations and maintenance personnel.
(4) Posting of licenses and signs.
(5) Relations between the facility and FAA air traffic control facilities, with a description of the boundaries of controlled airspace over or near the facility, instructions for relaying air traffic control instructions and information, if applicable, and instructions for the operation of an air traffic advisory service if the facility is located outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or incorporating appropriate sections of FAA manuals by reference.
(9) Keeping the station logs and other technical reports, and the submission of reports required by § 171.327.
(10) Monitoring of the MLS facility.
(11) Inspections by United States personnel.
(12) Names, addresses, and telephone numbers of persons to be notified in an emergency.
(13) Shutdowns for periodic maintenance and issuing of NOTAM for routine or emergency shutdowns.
(14) Commissioning of the MLS facility.
(15) An acceptable procedure for amending or revising the manual.
(16) An explanation of the kinds of activities (such as construction or grading) in the vicinity of the MLS facility that may require shutdown or recertification of the MLS facility by FAA flight check.
(17) Procedures for conducting a ground check of the azimuth and elevation alignment.
(18) The following information concerning the MLS facility:
(i) Facility component locations with respect to airport layout, instrument runways, and similar areas.
(ii) The type, make and model of the basic radio equipment that provides the service including required test equipment.
(iii) The station power emission, channel, and frequency of the azimuth, elevation, DME, marker beacon, and associated compass locators, if any.
(iv) The hours of operation.
(v) Station identification call letters and method of station identification and the time spacing of the identification.
(vi) A description of the critical parts that may not be changed, adjusted, or repaired without an FAA flight check to confirm published operations.
(d) The owner or his maintenance representative must make a ground check of the MLS facility periodically in accordance with procedures approved by the FAA at the time of commissioning, and must report the results of the checks as provided in § 171.327.
(e) The only modifications permitted are those that are submitted to FAA for approval by the MLS equipment manufacturer. The owner or sponsor of the facility must incorporate these modifications in the MLS equipment. Associated changes must also be made to the operations and maintenance manual required in paragraph (c) of this section. This and all other corrections and additions to this operations and maintenance manual must also be submitted to FAA for approval.
(f) The owner or the owner's maintenance representative must participate in inspections made by the FAA.
(g) The owner must ensure the availability of a sufficient stock of spare parts, including solid state components, or modules to make possible the prompt replacement of components or modules that fail or deteriorate in service.
(h) FAA approved test instruments must be used for maintenance of the MLS facility.
(i) Inspection consists of an examination of the MLS equipment to ensure that unsafe operating conditions do not exist.
(j) Monitoring of the MLS radiated signal must ensure a high degree of integrity and minimize the requirements for ground and flight inspection. The monitor must be checked daily during the in-service test evaluation period (96 hour burn in) for calibration and stability. These tests and ground checks or azimuth, elevation, DME, and marker beacon radiation characteristics must be conducted in accordance with the maintenance requirements of this section.
The owner of the MLS facility or his maintenance representative must submit the following operational records at the indicated time to the appropriate FAA regional office where the facility is located.
(a)
(b)
(c)
31 U.S.C. 9701; 49 U.S.C. 106(g), 40113, 44702, 45303.
For miscellaneous amendments to cross references in this part 183, see Amdt. 183-1, 31 FR 9211, July 6, 1966.
This part describes the requirements for designating private persons to act as representatives of the Administrator in examining, inspecting, and testing persons and aircraft for the purpose of issuing airman, operating, and aircraft certificates. In addition, this part states the privileges of those representatives and prescribes rules for the exercising of those privileges, as follows:
(a) An individual may be designated as a representative of the Administrator under subparts B or C of this part.
(b) An organization may be designated as a representative of the Administrator by obtaining an Organization Designation Authorization under subpart D of this part.
(a) The Federal Air Surgeon, or his authorized representative within the FAA, may select Aviation Medical Examiners from qualified physicians who apply. In addition, the Federal Air Surgeon may designate qualified forensic pathologists to assist in the medical investigation of aircraft accidents.
(b) Any local Flight Standards Inspector may select a pilot examiner, technical personnel examiner, or a designated aircraft maintenance inspector whenever he determines there is a need for one.
(c)(1) The Manager, Aircraft Certification Office, or the Manager's designee, may select Designated Engineering Representatives from qualified persons who apply by a letter accompanied by a “Statement of Qualifications of Designated Engineering Representative.”
(2) The Manager, Aircraft Certification Directorate, or the Manager's designee, may select Designated Manufacturing Inspection Representatives
(d) The Associate Administrator for Air Traffic, may select Air Traffic Control Tower Operator Examiners.
(e) The Director, Aircraft Certification Service, or the Director's designee, may select Designated Airworthiness Representatives from qualified persons who apply by a letter accompanied by a “Statement of Qualifications of Designated Airworthiness Representative.”
(a) A “Certificate of Designation” and an appropriate Identification Card is issued to each Aviation Medical Examiner and to each forensic pathologist designated under § 183.11(a).
(b) A “Certificate of Authority” specifying the kinds of designation for which the person concerned is qualified and stating an expiration date is issued to each Flight Standards Designated Representative, along with a “Certificate of Designation” for display purposes, designating the holder as a Flight Standards Representative and specifying the kind of designation for which he is qualified.
(c) A “Certificate of Authority,” stating the specific functions which the person concerned is authorized to perform and stating an expiration date, is issued to each Designated Airworthiness Representative, along with a “Certificate of Designation” for display purposes.
(a) Unless sooner terminated under paragraph (c) of this section, a designation as an Aviation Medical Examiner is effective for one year after the date it is issued, and may be renewed for additional periods of one year at the Federal Air Surgeon's discretion. A renewal is effected by a letter and issuance of a new identification card specifying the renewal period.
(b) Unless sooner terminated under paragraph (c) of this section, a designation as Flight Standards or Aircraft Certification Service Designated Representative as described in §§ 183.27, 183.29, 183.31, or 183.33 is effective until the expiration date shown on the document granting the authorization.
(c) A designation made under this subpart terminates—
(1) Upon the written request of the representative;
(2) Upon the written request of the employer in any case in which the recommendation of the employer is required for the designation;
(3) Upon the representative being separated from the employment of the employer who recommended him for certification;
(4) Upon a finding by the Administrator that the representative has not properly performed his duties under the designation;
(5) Upon the assistance of the representative being no longer needed by the Administrator; or
(6) For any reason the Administration considers appropriate.
Each representative designated under this part shall make such reports as are prescribed by the Administrator.
An Aviation Medical Examiner may—
(a) Accept applications for physical examinations necessary for issuing medical certificates under part 67 of this chapter;
(b) Under the general supervision of the Federal Air Surgeon or the appropriate senior regional flight surgeon, conduct those physical examinations;
(c) Issue or deny medical certificates in accordance with part 67 of this chapter, subject to reconsideration by the Federal Air Surgeon or his authorized representatives within the FAA;
(d) Issue student pilot certificates as specified in § 61.85 of this chapter; and
(e) As requested, participate in investigating aircraft accidents.
Any pilot examiner, instrument rating examiner, or airline transport pilot examiner may—
(a) As authorized in his designation, accept applications for flight tests necessary for issuing pilot certificates and ratings under this chapter;
(b) Under the general supervision of the appropriate local Flight Standards Inspector, conduct those tests; and
(c) In the discretion of the appropriate local Flight Standards Inspector, issue temporary pilot certificates and ratings to qualified applicants.
(a) A designated mechanic examiner (DME) (airframe and power plant) may—
(1) Accept applications for, and conduct, mechanic, oral and practical tests necessary for issuing mechanic certificates under part 65 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary mechanic certificates to qualified applicants.
(b) A designated parachute rigger examiner (DPRE) may—
(1) Accept applications for, and conduct, oral and practical tests necessary for issuing parachute rigger certificates under part 65 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary parachute rigger certificates to qualified applicants.
(c) An air traffic control tower operator examiner may—
(1) Accept applications for, and conduct, written and practical tests necessary for issuing control tower operator certificates under part 65 of this chapter; and
(2) In the discretion of the Associate Administrator for Air Traffic issue temporary control tower operator certificates to qualified applicants.
(d) A designated flight engineer examiner (DFEE) may—
(1) Accept applications for, and conduct, oral and practical tests necessary for issuing flight engineer certificates under part 63 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary flight engineer certificates to qualified applicants.
(e) A designated flight navigator examiner (DFNE) may—
(1) Accept applications for, and conduct, oral and practical tests necessary for issuing flight navigator certificates under part 63 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary flight navigator certificates to qualified applicants.
(f) A designated aircraft dispatcher examiner (DADE) may—
(1) Accept applications for, and conduct, written and practical tests necessary for issuing aircraft dispatcher certificates under part 65 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary aircraft dispatcher certificates to qualified applicants.
A designated aircraft maintenance inspector (DAMI) may approve maintenance on civil aircraft used by United States military flying clubs in foreign countries.
(a) A structural engineering representative may approve structural engineering information and other structural considerations within limits prescribed by and under the general supervision of the Administrator, whenever the representative determines that information and other structural considerations comply with the applicable regulations of this chapter.
(b) A power plant engineering representative may approve information relating to power plant installations within limitations prescribed by and under the general supervision of the Administrator whenever the representative determines that information complies with the applicable regulations of this chapter.
(c) A systems and equipment engineering representative may approve engineering information relating to equipment and systems, other than those of a structural, powerplant, or radio nature, within limits prescribed by and under the general supervision of the Administrator, whenever the representative determines that information complies with the applicable regulations of this chapter.
(d) A radio engineering representative may approve engineering information relating to the design and operating characteristics of radio equipment, within limits prescribed by and under the general supervision of the Administrator whenever the representative determines that information complies with the applicable regulations of this chapter.
(e) An engine engineering representative may approve engineering information relating to engine design, operation and service, within limits prescribed by and under the general supervision of the Administrator, whenever the representative determines that information complies with the applicable regulations of this chapter.
(f) A propeller engineering representative may approve engineering information relating to propeller design, operation, and maintenance, within limits prescribed by and under the general supervision of the Administrator whenever the representative determines that information complies with the applicable regulations of this chapter.
(g) A flight analyst representative may approve flight test information, within limits prescribed by and under the general supervision of the Administrator, whenever the representative determines that information complies with the applicable regulations of this chapter.
(h) A flight test pilot representative may make flight tests, and prepare and approve flight test information relating to compliance with the regulations of this chapter, within limits prescribed by and under the general supervision of the Administrator.
(i) An acoustical engineering representative may witness and approve aircraft noise certification tests and approve measured noise data and evaluated noise data analyses, within the limits prescribed by, and under the general supervision of, the Administrator, whenever the representative determines that the noise test, test data, and associated analyses are in conformity with the applicable regulations
A designated manufacturing inspection representative (DMIR) may, within limits prescribed by, and under the general supervision of, the Administrator, do the following:
(a) Issue—
(1) Original airworthiness certificates for aircraft and airworthiness approvals for engines, propellers, and product parts that conform to the approved design requirements and are in a condition for safe operation;
(2) Export certificates of airworthiness and airworthiness approval tags in accordance with subpart L of part 21 of this chapter;
(3) Experimental certificates for aircraft for which the manufacturer holds the type certificate and which have undergone changes to the type design requiring a flight test; and
(4) Special flight permits to export aircraft.
(b) Conduct any inspections that may be necessary to determine that—
(1) Prototype products and related parts conform to design specifications; and
(2) Production products and related parts conform to the approved type design and are in condition for safe operation.
(c) Perform functions authorized by this section for the manufacturer, or the manufacturer's supplier, at any location authorized by the FAA.
A Designated Airworthiness Representative (DAR) may, within limits prescribed by and under the general supervision of the Administrator, do the following:
(a) Perform examination, inspection, and testing services necessary to issue, and to determine the continuing effectiveness of, certificates, including issuing certificates, as authorized by the Director of Flight Standards Service in the area of maintenance or as authorized by the Director of Aircraft Certification Service in the areas of manufacturing and engineering.
(b) Charge a fee for his or her services.
(c) Perform authorized functions at any authorized location.
(a) This subpart contains the procedures required to obtain an Organization Designation Authorization, which allows an organization to perform specified functions on behalf of the Administrator related to engineering, manufacturing, operations, airworthiness, or maintenance.
(b)
An application for an ODA may be submitted after November 14, 2006. An application for an ODA must be submitted in a form and manner prescribed by the Administrator and must include the following:
(a) A description of the functions for which authorization is requested.
(b) A description of how the applicant satisfies the requirements of § 183.47 of this part;
(c) A description of the applicant's organizational structure, including a description of the proposed ODA Unit as it relates to the applicant's organizational structure; and
(d) A proposed procedures manual as described in § 183.53 of this part.
(a) The Administrator may issue an ODA Letter of Designation if:
(1) The applicant meets the applicable requirements of this subpart; and
(2) A need exists for a delegation of the function.
(b) An ODA Holder must apply to and obtain approval from the Administrator for any proposed changes to the functions or limitations described in the ODA Holder's authorization.
To qualify for consideration as an ODA, the applicant must—
(a) Have sufficient facilities, resources, and personnel, to perform the functions for which authorization is requested;
(b) Have sufficient experience with FAA requirements, processes, and procedures to perform the functions for which authorization is requested; and
(c) Have sufficient, relevant experience to perform the functions for which authorization is requested.
(a) Consistent with an ODA Holder's qualifications, the Administrator may delegate any function determined appropriate under 49 U.S.C. 44702(d).
(b) Under the general supervision of the Administrator, an ODA Unit may perform only those functions, and is subject to the limitations, listed in the ODA Holder's procedures manual.
Each ODA Holder must have within its ODA Unit—
(a) At least one qualified ODA administrator; and either
(b) A staff consisting of the engineering, flight test, inspection, or maintenance personnel needed to perform the functions authorized. Staff members must have the experience and expertise to find compliance, determine conformity, determine airworthiness, issue certificates or issue approvals; or
(c) A staff consisting of operations personnel who have the experience and expertise to find compliance with the regulations governing the issuance of pilot, crew member, or operating certificates, authorizations, or endorsements as needed to perform the functions authorized.
No ODA Letter of Designation may be issued before the Administrator approves an applicant's procedures manual. The approved manual must:
(a) Be available to each member of the ODA Unit;
(b) Include a description of those changes to the manual or procedures that may be made by the ODA Holder. All other changes to the manual or procedures must be approved by the Administrator before they are implemented.
(c) Contain the following:
(1) The authorized functions and limitations, including the products, certificates, and ratings;
(2) The procedures for performing the authorized functions;
(3) Description of the ODA Holder's and the ODA Unit's organizational structure and responsibilities;
(4) A description of the facilities at which the authorized functions are performed;
(5) A process and a procedure for periodic audit by the ODA Holder of the ODA Unit and its procedures;
(6) The procedures outlining actions required based on audit results, including documentation of all corrective actions;
(7) The procedures for communicating with the appropriate FAA offices regarding administration of the delegation authorization;
(8) The procedures for acquiring and maintaining regulatory guidance material associated with each authorized function;
(9) The training requirements for ODA Unit personnel;
(10) For authorized functions, the procedures and requirements related to maintaining and submitting records;
(11) A description of each ODA Unit position, and the knowledge and experience required for each position;
(12) The procedures for appointing ODA Unit members and the means of documenting Unit membership, as required under § 183.61(a)(4) of this part;
(13) The procedures for performing the activities required by § 183.63 or § 183.65 of this part;
(14) The procedures for revising the manual, pursuant to the limitations of paragraph (b) of this section; and
(15) Any other information required by the Administrator necessary to supervise the ODA Holder in the performance of its authorized functions.
(a) If any change occurs that may affect an ODA Unit's qualifications or ability to perform a function (such as a change in the location of facilities, resources, personnel or the organizational structure), no Unit member may perform that function until the Administrator is notified of the change, and the change is approved and appropriately documented as required by the procedures manual.
(b) No ODA Unit member may issue a certificate, authorization, or other approval until any findings reserved for the Administrator have been made.
(c) An ODA Holder is subject to any other limitations as specified by the Administrator.
The ODA Holder must—
(a) Comply with the procedures contained in its approved procedures manual;
(b) Give ODA Unit members sufficient authority to perform the authorized functions;
(c) Ensure that no conflicting non-ODA Unit duties or other interference affects the performance of authorized functions by ODA Unit members.
(d) Cooperate with the Administrator in his performance of oversight of the ODA Holder and the ODA Unit.
(e) Notify the Administrator of any change that could affect the ODA Holder's ability to continue to meet the requirements of this part within 48 hours of the change occurring.
The Administrator, at any time and for any reason, may inspect an ODA Holder's or applicant's facilities, products, components, parts, appliances, procedures, operations, and records associated with the authorized or requested functions.
(a) Each ODA Holder must ensure that the following records are maintained for the duration of the authorization:
(1) Any records generated and maintained while holding a previous delegation under subpart J or M of part 21, or SFAR 36 of this chapter.
(2) For any approval or certificate issued by an ODA Unit member (except those airworthiness certificates and approvals not issued in support of type design approval projects):
(i) The application and data required to be submitted under this chapter to obtain the certificate or approval; and
(ii) The data and records documenting the ODA Unit member's approval or determination of compliance.
(3) A list of the products, components, parts, or appliances for which ODA Unit members have issued a certificate or approval.
(4) The names, responsibilities, qualifications and example signature of each member of the ODA Unit who performs an authorized function.
(5) A copy of each manual approved or accepted by the ODA Unit, including all historical changes.
(6) Training records for ODA Unit members and ODA administrators.
(7) Any other records specified in the ODA Holder's procedures manual.
(8) The procedures manual required under § 183.53 of this part, including all changes.
(b) Each ODA Holder must ensure that the following are maintained for five years:
(1) A record of each periodic audit and any corrective actions resulting from them; and
(2) A record of any reported service difficulties associated with approvals or certificates issued by an ODA Unit member.
(c) For airworthiness certificates and approvals not issued in support of a type design approval project, each ODA Holder must ensure the following are maintained for two years;
(1) The application and data required to be submitted under this chapter to obtain the certificate or approval; and
(2) The data and records documenting the ODA Unit member's approval or determination of compliance.
(d) For all records required by this section to be maintained, each ODA Holder must:
(1) Ensure that the records and data are available to the Administrator for inspection at any time;
(2) Submit all records and data to the Administrator upon surrender or termination of the authorization.
(e) Each ODA Holder must compile and submit any report required by the Administrator to exercise his supervision of the ODA Holder.
For any approval or certificate for a product, part or appliance issued under the authority of this subpart, or under the delegation rules of subpart J or M of part 21, or SFAR 36 of this chapter, an ODA Holder must:
(a) Monitor reported service problems related to certificates or approvals it holds;
(b) Notify the Administrator of:
(1) A condition in a product, part or appliance that could result in a finding of unsafe condition by the Administrator; or
(2) A product, part or appliance not meeting the applicable airworthiness requirements for which the ODA Holder has obtained or issued a certificate or approval.
(c) Investigate any suspected unsafe condition or finding of noncompliance with the airworthiness requirements for any product, part or appliance, as required by the Administrator, and report to the Administrator the results of the investigation and any action taken or proposed.
(d) Submit to the Administrator the information necessary to implement corrective action needed for safe operation of the product, part or appliance.
For any operational authorization, airman certificate, air carrier certificate, air operator certificate, or air agency certificate issued under the authority of this subpart, an ODA Holder must:
(a) Notify the Administrator of any error that the ODA Holder finds it made in issuing an authorization or certificate;
(b) Notify the Administrator of any authorization or certificate that the ODA Holder finds it issued to an applicant not meeting the applicable requirements;
(c) When required by the Administrator, investigate any problem concerning the issuance of an authorization or certificate; and
(d) When notified by the Administrator, suspend issuance of similar authorizations or certificates until the ODA Holder implements all corrective action required by the Administrator.
(a) An ODA is effective until the date shown on the Letter of Designation, unless sooner terminated by the Administrator.
(b) No ODA may be transferred at any time.
(c) The Administrator may terminate or temporarily suspend an ODA for any reason, including that the ODA Holder:
(1) Has requested in writing that the authorization be suspended or terminated;
(2) Has not properly performed its duties;
(3) Is no longer needed; or
(4) No longer meets the qualifications required to perform authorized functions.
49 U.S.C. 106(g), 40113-40114, 46104; 49 CFR part 9.
(a) The purpose of this part is to name the FAA officials who, pursuant to part 9 of the regulations of the Office of the Secretary of Transportation (49 CFR part 9) as amended (34 FR 11972, July 16, 1969), are those:
(1) Upon whom legal process or pleadings may be served in any legal proceeding concerning the FAA, and who have authority to acknowledge the service and take further action thereon; and
(2) Who otherwise perform the functions prescribed by part 9 in legal proceedings concerning the FAA with respect to testimony by FAA employees and production of FAA records in legal proceedings.
(b) For purposes of this part, “legal proceedings” includes any proceeding before a court of law, administrative board or commission, hearing officer, or other body conducting a legal or administrative proceeding.
Legal process or pleadings in any legal proceeding concerning the FAA may be served, at the option of the server, on the Chief Counsel, Deputy Chief Counsel, Assistant Chief Counsel, Litigation Division, of the FAA, or any other FAA official designated by the Chief Counsel, with the same effect as if served upon the Secretary of Transportation or the Administrator. The official accepting the service under this section acknowledges the service and takes further action as appropriate.
The Chief Counsel, and each Assistant Chief Counsel, each Regional Counsel, the Aeronautical Center Counsel, and the Technical Center Counsel, with respect to matters arising within their respective jurisdictions, and any other FAA official designated by the Chief Counsel, perform the functions in legal proceedings (other than one described in § 185.3 of this part) as prescribed by part 9 of the regulations of the Office of the Secretary of Transportation, with respect to testimony by FAA employees and production of FAA records in legal proceedings.
31 U.S.C. 9701; 49 U.S.C. 106(g), 49 U.S.C. 106(l)(6), 40104-40105, 40109, 40113-40114, 44702.
This part prescribes fees only for FAA services for which fees are not prescribed in other parts of this chapter or in 49 CFR part 7. The fees for services furnished in connection with making information available to the public are prescribed exclusively in 49 CFR part 7. Appendix A to this part
The fee for furnishing to a person entitled thereto a replacement, duplicate, or facsimile of a certificate or other document evidencing a license, for which a fee is not specifically provided elsewhere in this chapter, is $2.
The fees for furnishing photostatic or similar copies of documents and for affixation of the seal for a certification or validation are the same as those provided in subpart H of 49 CFR part 7.
(a) The fees of this part are payable to the Federal Aviation Administration by check, money order, wire transfers, or draft, payable in U.S. currency and drawn on a U.S. bank prior to the provision of any service under this part.
(b) Applicants for the FAA services provided under this part shall pay any bank processing charges on fees collected under this part, when such charges are assessed on U.S. Government.
(c) Applicants for the FAA services described in Appendix A of this part shall pay bank processing charges, when such charges are assessed by banks on U.S. Government deposits.
(d) The fees described in appendix B of this part are payable to the Federal Aviation Administration in U.S. currency. Remittance of fees of $1,000 or more are to be paid by electronic funds transfer. Remittance of amounts less than $1,000 may be paid by electronic funds transfer, check, money order, credit card, or draft.
If an applicant fails to pay fees agreed to under appendix C of this part, the FAA may suspend or deny any application for service and may suspend or revoke any production certification-related approval granted.
(a) Fixed fees and hourly rates have been derived using the methodology described below to ensure full cost recovery for certification actions or approvals provided by the FAA for persons outside the United States.
(b) These rates are based on aviation safety inspector time rather than calculating a separate rate for managerial or clerical time because the inspector is the individual performing the actual service. Charging for inspector time, while building in all costs into the rate base, provides for efficient cost recovery and time management.
(c) The hourly billing rate has been determined by using the annual operations budget of the Flight Standards Service. The budget is comprised of the following:
(1) Personnel compensation and benefits, budget code series 1100 (excluding codes 1151 and 1152—overtime, Sunday and holiday pay), 1200, and 1300.
(2) Travel and transportation of persons, budget code series 2100 (excluding code 2100—site visit travel).
(3) Transportation of things, budget code series 2200.
(4) Rental, communications, utilities, budget code series 2300.
(5) Printing and reproduction, budget code series 2400.
(6) Contractual services, budget code series 2500.
(7) Supplies and materials, budget code series 2600.
(8) Equipment, budget code series 3100.
(9) Lands and structures, budget code series 3200.
(10) Insurance claims and indemnities, budget code series 4200.
(d) In order to recover overhead costs attributable to the budget, all costs other than direct inspector transportation and subsistence, overtime, and Sunday/holiday costs, are assigned to the number of inspector positions. An hourly cost per inspector is developed by dividing the annual Flight Standards Operations Budget, excluding the items enumerated above, by the number of aviation safety inspections (OMB position series 1825) on board at the beginning of the fiscal year, to determine the annual cost of an aviation safety inspector. This annual cost of an aviation safety inspector is divided by 2,087 hours, which is the annual paid hours of a U.S. Federal Government employee. This result in the hourly government paid cost of an aviation safety inspector.
(e) To ensure that the hourly inspector cost represents a billing rate that ensures full recovery of costs, the hourly cost per inspector must be multiplied by an indirect work factor to determine the hourly inspector billing rate. This is necessary for the following reasons:
(1) Inspectors spend a significant amount of time in indirect work to support their inspection activities, much of which cannot be allocated to any one client.
(2) Not all 2,087 annual paid hours are available as work hours because training, providing technical assistance, leave, and other indirect work activities reduce the work time that may be directly billed. Consequently, the hourly cost per inspector must be adjusted upwards by an indirect work factor. The calculation of an indirect work factor is discussed in paragraph (f) of this appendix.
(f)(1) The indirect work factor is determined using the following formula:
(2) The components of the formula are derived as follows:
(i)
(A) Development of master minimum equipment lists on Flight Operations Evaluation Board.
(B) Development of aircraft training documents on Flight Standardization Board.
(C) Development of Maintenance program documents on Maintenance Review Board.
(D) Providing technical assistance.
(E) Assisting legal counsel.
(F) Evaluation of technical documents.
(G) Leave (all types).
(H) Training.
(I) Administrative time.
(J) Travel for indirect work.
(ii)
(g) The hourly inspector cost, when multiplied by the indirect work factor, yields the hourly inspector billing rate and ensures full cost recovery by incorporating the total amount of FAA paid hours needed to produce one hour of direct billable inspector time.
(h) Certifications and approvals for which there are fixed times, such as airman tests, are determined by multiplying the time used in the Flight Standards Staffing Standard or airman test guidelines by the inspector hourly billing rate.
(i) Certifications and approvals for which there are no fixed work rates, such as airman and repair station facilities (air agencies), are billed at the hourly inspector billing rate.
(j) Actual transportation and subsistence expenses incurred in certification or approval actions will be billed in addition to the hourly inspector billing rate, where such expenses are incurred.
(k) In no event will the fees exceed the actual costs of providing certification or approval services.
(l) The methodology for computing user fees is published in this Appendix. The User fee schedule is published in an FAA Advisory Circular entitled “Flight Standards Service Schedule of Charges Outside the United States.” A copy of this publication may be obtained from: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954.
(m) Fees will be reviewed every year, at the beginning of the fiscal year, and adjusted
(n) Notice of each change to a fee for a service described in the user fee schedule will be published in the “Notices” section of the
(a)
(b)
(c)
(d)
(1) Air traffic management.
(2) Communications.
(3) Navigation.
(4) Radar surveillance, including separation services.
(5) Flight information services.
(6) Procedural control.
(7) Emergency services and training.
(e)
(2) A User (operator of an overflight) is assessed a fee for each 100 nautical miles (or portion thereof) flown in each segment and type of U.S.-controlled airspace. Separate calculations are made for transiting Enroute and Oceanic airspace. The total fee charged for an Overflight between any entry and exit points is equal to the sum of these two charges. This relationship is summarized as:
(f)
(2)
(g)
(a)
(b)
(c)
(d)
(2) The FAA will notify the applicant in writing of the estimated cost and schedule to provide the services.
(3) The applicant will review the estimated costs and schedule of services. If the applicant agrees with the estimated costs and schedule of services, the applicant will propose to the FAA that the services be provided. If the FAA agrees and can provide the services requested, a written agreement will be executed between the applicant and the FAA.
(4) The applicant must provide advance payment for each 12-month period of agreed FAA service unless a shorter period is agreed to between the Production Approval Holder and FAA.
(e)
(2) Fees will be determined on a case-by-case basis according to the following general formula:
(3) In no event will the applicant be charged more than the actual FAA costs of providing production certification-related services.
(4) If the actual FAA costs vary from the estimated fees by more than 10 percent, written notice by the FAA will be given to the applicant as soon as possible.
(5) If FAA costs exceed the estimated fees, the applicant will be required to pay the difference prior to receiving further services. If the estimated fees exceed the FAA costs, the applicant may elect to apply the balance to future agreements or to receive a refund.
(f) Fees will be reviewed by the FAA periodically and adjusted either upward or downward in order to reflect the current costs of performing production certification-related services outside the United States.
(1) Notice of any change to the elements of the fee formula in this Appendix will be published in the
(2) Notice of any change to the methodology in this Appendix and other changes for the fees will be published in the
31 U.S.C. 9701; 49 U.S.C. 106(g), 40104, 40113, 44502, 45303.
This part describes the kinds of messages that may be transmitted or relayed by FAA Flight Service Stations.
(a) Flight Service Stations may accept for transmission over FAA communication systems any messages concerning international or overseas aircraft operations described in paragraphs (a) (1) through (6) of this section. In addition, Flight Service Stations may relay any message described
(1) Distress messages and distress traffic.
(2) Messages concerning the safety of human life.
(3) Flight safety messages concerning—
(i) Air traffic control, including—
(A) Messages concerning aircraft in flight or about to depart;
(B) Departure messages;
(C) Flight plan departure messages;
(D) Arrival messages;
(E) Flight plan messages;
(F) Flight notification messages;
(G) Messages concerning flight cancellation; and
(H) Messages concerning delayed departure;
(ii) Position reports from aircraft;
(iii) Messages originated by an aircraft operating agency of immediate concern to an aircraft in flight or about to depart; and
(iv) Meteorological advice of immediate concern to an aircraft in flight or about to depart.
(4) Meteorological messages concerning—
(i) Meteorological forecasts;
(ii) Meteorological observations exclusively; or
(iii) Other meteorological information exchanged between meteorological offices.
(5) Aeronautical administrative messages—
(i) Concerning the operation or maintenance of facilities essential to the safety or regulatory of aircraft operation;
(ii) Essential to efficient functioning of aeronautical telecommunications; or
(iii) Between civil aviation authorities concerning aircraft operation.
(6) Notices to airmen.
(b) The following messages may only be relayed through the FAA communications systems:
(1) Flight regularity messages—
(i) Addressed to the point of intended landing and to not more than two other addressees in the general area of the route segment of the flight to which the message refers, containing information required for weight and balance computation and remarks essential to the rapid unloading of the aircraft;
(ii) Concerning changes, taking effect within 72 hours, in aircraft operating schedules;
(iii) Concerning the servicing of aircraft en route or scheduled to depart within 48 hours;
(iv) Concerning changes in the collective requirements for passengers, crew, or cargo of aircraft en route or about to depart, if the changes are caused by unavoidable deviations from normal operating schedules and are necessary for flight regularity;
(v) Concerning non-routine landings to be made by aircraft en route or about to depart;
(vi) Concerning parts or materials urgently needed to operate aircraft en route or scheduled to depart within 48 hours; or
(vii) Concerning pre-flight arrangement of air navigation services and, in the case of non-scheduled or irregular operations, operational servicing of aircraft scheduled to depart within 48 hours.
(2) Messages originated by and addressed to aircraft operating agencies or their representatives that directly bear on the efficient and economic conduct or day to day operations, if adequate non-United States communications facilities are not available and the messages concern—
(i) Matter described in paragraph (b)(1) of this section, but not meeting the time limitations described in paragraph (b)(1) of this section;
(ii) Aircraft parts, equipment, or supplies, air navigation or communications, or essential ground facilities;
(iii) Train or hotel reservations for passengers or employees;
(iv) Lost baggage or personal effects;
(v) Tickets or cargo shipments and payment therefore;
(vi) Location of passengers and cargo;
(vii) New or revised passenger or cargo rates;
(viii) Crew assignments and similar operations personnel matters taking effect within 7 days;
(ix) Post flight reports for record purposes;
(x) Publicity and special handling regarding dignitaries; or
(xi) Reservations, when originated by aircraft operating agencies to secure space required in transport aircraft.
The United States is not liable for any omission, error, or delay in transmitting or relaying, or for any failure to transmit or relay, any message accepted for transmission or relayed under this part, even if the omission, error, delay, or failure to transmit or relay is caused by the negligence of an employee of the United States.
49 U.S.C. 106(g), 40113, 40123.
This part describes when and how the FAA protects from disclosure safety and security information that you submit voluntarily to the FAA. This part carries out 49 U.S.C. 40123, protection of voluntarily submitted information.
(1) The Congress;
(2) The courts of the United States;
(3) The governments of the territories or possessions of the United States;
(4) The government of the District of Columbia;
(5) Court martial and military commissions.
(a) You may do so under a program under this part. The program may be developed based on your proposal, a proposal from another person, or a proposal developed by the FAA.
(b) You may be any person, including an individual, a company, or an organization.
(c) You may propose to develop a program under this part using either the
(d) If the FAA decides to protect the information that you propose to submit it issues an order designating the information as protected under this part.
(e) The FAA only issues an order designating information as protected if the FAA makes the findings in § 193.7.
(f) The designation may be for a program in which all similar persons may participate, or for a program in which only you submit information.
(g) Even if you receive protection from disclosure under this part, this part does not establish the extent to which the FAA may or may not use the information to take enforcement action. Limits on enforcement action applicable to a program under this part will be in another policy or rule.
(a)
(b)
(1) The information is provided voluntarily;
(2) The information is safety or security related;
(3) The disclosure of the information would inhibit the voluntary provision of that type of information;
(4) The receipt of that type of information aids in fulfilling the FAA's safety and security responsibilities; and
(5) Withholding such information from disclosure, under the circumstances provided in this part, will be consistent with the FAA's safety and security responsibilities.
(c)
(d)
(e)
(1) The agency has a safety or security need for the information, including the general nature of the need.
(2) The agency will protect the information from disclosure as required in 49 U.S.C. 40123, this part, and the designation. This includes a commitment that the agency will mark the information as provided in the designation.
(3) The agency will limit access to those with a need to know to carry out safety or security responsibilities.
(f)
The FAA discloses information that is designated as protected under this part when withholding it would not be consistent with the FAA's safety and security responsibilities, as follows:
(a)
(2) The FAA may disclose information provided under this part to correct a condition that compromises safety or security, if that condition continues uncorrected.
(3) The FAA may disclose information provided under this part to carry out a criminal investigation or prosecution.
(4) The FAA may disclose information provided under this part to comply with 49 U.S.C. 44905, regarding information about threats to civil aviation.
(b)
This section states the notice procedure for the FAA to designate information as protected under this part. This procedure is used when there is not an immediate safety or security need for the information. This procedure generally is used to specify a type of information that you and others like you will provide on an on-going basis.
(a)
(b)
(c)
(1) A summary of why the FAA finds that you and others, if applicable, will provide the information voluntarily.
(2) A description of the type of information that you and others, if applicable, may voluntarily provide under the program and a summary of why the FAA finds that the information is safety or security related.
(3) A summary of why the FAA finds that the disclosure of the information would inhibit you and others, if applicable, from voluntarily providing of that type of information.
(4) A summary of why the receipt of that type of information aids in fulfilling the FAA's safety and security responsibilities.
(5) A summary of why withholding such information from disclosure would be consistent with the FAA's safety and security responsibilities, including a statement as to the circumstances under which, and a summary of why, withholding such information from disclosure would not be consistent with the FAA's safety and security responsibilities, as described in § 193.9.
(6) A summary of how the FAA will distinguish information protected under this part from information the FAA receives from other sources.
(7) A summary of the significant comments received and the FAA's responses.
(d)
(e)
This section states the no-notice procedure for the FAA to designate information as protected under this part. This procedure is used when there is an immediate safety or security need for the information. This procedure generally is used for specific information that you will provide on a short-term basis.
(a)
(b)
(1) Makes the findings as § 193.7; and
(2) Finds that there is an immediate safety or security need to obtain the information without carrying out the procedures in § 193.11 of this part.
(c)
(1) The procedures to designate such information under § 193.11(a) have been initiated, or
(2) There is an ongoing enforcement or criminal investigation, in which case the designation may continue until the investigation is completed.
(d)
(e)
(a) The authority to issue proposed and final designations, to issue proposed and final amendments of designations, and to withdraw designations under this part, and to disclose information that has been designated as protected under this part, is delegated by the Administrator to Associate Administrators and Assistant Administrators and to the Chief Counsel, their Deputies, and any individual formally designated as Acting Associate or Assistant Administrator, Acting Chief Counsel, or Acting Deputy of such offices.
(b) The officials identified in paragraph (a) of this section may further delegate the authority to issue proposed designations and proposed amendments to designations.
(a) If the FAA discloses information under § 193.9(a)(2) to the holders of design approvals of production approvals issued by the FAA, the approval holder must disclose that information only to persons who need to know the information to address the safety or security condition.
(b) Unless an emergency exists, before disclosing information to approval holders the FAA will contact the submitter of the information.
49 U.S.C. 106(g), 40113, 44301-44310; 49 CFR 1.47(b).
An aircraft operation is eligible for insurance if—
(a) The President of the United States has determined that the continuation of that aircraft operation is necessary to carry out the foreign policy of the United States;
(b) The aircraft operation is—
(1) In foreign air commerce or between two or more places all of which are outside the United States if insurance with premium is sought; or
(2) In domestic or foreign air commerce, or between two or more places all of which are outside the United States if insurance without premium is sought; and
(c) The Administrator finds that commercial insurance against loss or damage arising out of any risk from the aircraft operation cannot be obtained on reasonable terms from an insurance carrier.
(a) Premium insurance may be issued by the FAA is the requirements of § 198.19 (a), (b)(1) and (c) are met.
(b) Subject to § 198.9(c), standby insurance without premium may be issued by the FAA if all of the following conditions have been met:
(1) A department, agency, or instrumentality of the U.S. Government seeks performance of air services operations, pursuant to a contract of the department, agency, or instrumentality; or transportation of military forces or materiel on behalf of the United States, pursuant to an agreement between the United States and a foreign government.
(2) Such department, agency, or instrumentality of the U.S. Government has agreed in writing to indemnify the Secretary of Transportation against all losses covered by such insurance. Such an agreement, when countersigned by the President, constitutes a determination that the continuation of that aircraft operation is necessary to carry out the foreign policy of the United States.
(3) A current copy of the aircraft operator's applicable commercial insurance policy or policies is on file with the FAA, including every endorsement making a material change to the policy. Updated copies of these policies must be provided upon each renewal of the commercial policy. Every subsequent material change by endorsement must be promptly provided to the FAA.
(c) Insurance is activated, placing the insurance in full force, as specified by the FAA's written notification to the operator and remains in force until such time as either of the following occurs:
(1) The requirements in § 198.1 are no longer met; or
(2) In the case of non-premium insurance, an aircraft operation is no longer performed under contract to a department, agency, or instrumentality of the U.S. Government; or pursuant to an agreement between the United States and a foreign government; or the Administrator finds that commercial insurance can now be obtained on reasonable terms.
(d) Insurance policies revert to standby status upon written notification by the FAA to the aircraft operator. A policy will remain in standby status until either—
(1) The insurance is activated by written notice; or
(2) The policy is canceled.
Application may be made for insurance against loss or damage to the following persons, property, or interests:
(a) Aircraft, or insurable items of an aircraft, engaged in eligible operations under § 198.1.
(b) Any individual employed or transported on the aircraft referred to in paragraph (a) of this section.
(c) The baggage of persons referred to in paragraph (b) of this section.
(d) Property transported, or to be transported, on the aircraft referred to in paragraph (a) of this section.
(e) Statutory or contractual obligations, or any other liability, of the aircraft referred to in paragraph (a) of this section or of its owner or operator, of the nature customarily covered by insurance.
(a) For each aircraft or insurable item, the amount insured may not exceed the amount for which the applicant has otherwise insured or self-insured the aircraft or insurable item against damage or liability arising from any risk. In the case of hull insurance, the amount insured may not exceed the reasonable value of the aircraft as determined by the FAA or its designated agent.
(b) Policies issued without premium may be revised from time to time by the FAA with notice to the insured, to add aircraft or insurable items or to amend amounts of coverage if the insured has changed the amount by which it has otherwise insured or self-insured the aircraft or itself.
(a) Application for premium or non-premium insurance must be made in accordance with the applicable form supplied by the FAA.
(b) Each applicant for insurance with the premium under this part must submit to the FAA with its application a letter describing in detail the operations in which the aircraft is or will be engaged and stating the type of insurance coverage being sought and the reason it is being sought. The applicant must also submit any other information deemed pertinent by the FAA.
(c) Each applicant for premium or non-premium insurance must, upon request by the FAA, submit to the FAA evidence that commercial insurance is not available on reasonable terms for each flight or ground operation for which insurance is sought. Each aircraft operator who has a standby non-premium insurance policy must, upon request by the FAA, submit evidence to the FAA that commercial insurance is not available on reasonable terms before the FAA activates that policy. The adequacy of the evidence submitted is determined solely by the FAA.
(d) The standby non-premium policy issued to the aircraft operator does not provide actual coverage until formally activated by the FAA.
In the event of sale, lease, confiscation, requisition, total loss, or other change in the status of an aircraft or insurable items covered by insurance under this part, the insured party must notify the office administering the Aviation Insurance Program before, or as soon as practicable after, the change in status.
The insured must pay the premium for insurance issued under this part within the stated period after receipt of notice that premium payment is due and in accordance with the provisions of the applicable FAA insurance policy. Premiums must be sent to the FAA, and made payable to the FAA.
(a) The binder for initial registration is $575 for each aircraft or insurable item. This binder is adjusted not more frequently than annually based on changes in the Consumer Price Index of All Urban Consumers published by the Secretary of Labor.
(b) An application for non-premium insurance must be accompanied by the proper binder, payable to the FAA. A binder is not returnable unless the application is rejected.
(c) Requests made after issuance of a non-premium policy for the addition of an aircraft or insurable item must be accompanied by the binder for each aircraft and insurable item.
(d) When an operator acquires an aircraft or insurable item that was previously covered under an active or standby policy, the new operator must register that aircraft or item on its policy and pay the binder for each aircraft and insurable item.
An aircraft operator may apply for insurance to cover any risks arising from the provision of goods or services directly supporting the operation of an aircraft that meets the requirements of § 198.3(b).
A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR Part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.
All changes in this volume of the Code of Federal Regulations that were made by documents published in the
For the period before January 1, 2001, see the “List of CFR Sections Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000” published in 11 separate volumes.