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(a)
This part prescribes rules governing the
certification and operation of airports in any State
of the AFRO-CAA member States, the or any territory
or possession of the AFRO-CAA member States serving
any—
(1)
Scheduled passenger-carrying operations of an air
carrier operating aircraft designed for more than 9
passenger seats, as determined by the aircraft type
certificate issued by a competent civil aviation
authority; and
(2)
Unscheduled passenger-carrying operations of an air
carrier operating aircraft designed for at least 31
passenger seats, as determined by the aircraft type
certificate issued by a competent civil aviation
authority.
(b)
This part applies to those portions of a joint-use
or shared-use airport that are within the authority
of a person serving passenger-carrying operations
defined in paragraphs (a)(1) and (a)(2) of this
section.
(c)
This part does not apply to—
(1)
Airports serving scheduled air carrier operations
only by reason of being designated as an alternate
airport;
(2)
Airports operated by the AFRO-CAA member States;
(3)
Heliports.
The
authority of the Administrator to issue, deny, and
revoke Airport Operating Certificates is delegated
to the Associate Administrator for Airports, Airport
Safety and Standards, and Regional Airports Division
Managers.
The
following are definitions of terms used in this
part:
AFFF
means aqueous film forming foam agent.
Air
carrier aircraft
means an aircraft that is being operated by an air
carrier and is categorized as either a large air
carrier aircraft if designed for at least 31
passenger seats or a small air carrier aircraft if
designed for more than 9 passenger seats but less
than 31 passenger seats, as determined by the
aircraft type certificate issued by a competent
civil aviation authority.
Air
carrier operation
means the take-off or landing of an air carrier
aircraft and includes the period of time from 15
minutes before until 15 minutes after the take-off
or landing.
Airport
means an area of land or other hard surface,
excluding water, that is used or intended to be used
for the landing and take-off of aircraft, including
any buildings and facilities.
Airport Operating Certificate
means a certificate, issued under this part, for
operation of a Class I, II, III, or IV airport.
Average daily departures
means the average number of scheduled departures per
day of air carrier aircraft computed on the basis of
the busiest 3 consecutive calendar months of the
immediately preceding 12 consecutive calendar
months. However, if the average daily departures are
expected to increase, then “average daily
departures” may be determined by planned rather than
current activity, in a manner authorized by the
Administrator.
Certificate holder
means the holder of an Airport Operating Certificate
issued under this part.
Class I airport
means an airport certificated to serve scheduled
operations of large air carrier aircraft that can
also serve unscheduled passenger operations of large
air carrier aircraft and/or scheduled operations of
small air carrier aircraft.
Class II airport
means an airport certificated to serve scheduled
operations of small air carrier aircraft and the
unscheduled passenger operations of large air
carrier aircraft. A Class II airport cannot serve
scheduled large air carrier aircraft.
Class III airport
means an airport certificated to serve scheduled
operations of small air carrier aircraft. A Class
III airport cannot serve scheduled or unscheduled
large air carrier aircraft.
Class IV airport
means an airport certificated to serve unscheduled
passenger operations of large air carrier aircraft.
A Class IV airport cannot serve scheduled large or
small air carrier aircraft.
Clean agent
means an electrically non-conducting volatile or
gaseous fire extinguishing agent that does not leave
a residue upon evaporation and has been shown to
provide extinguishing action.
Heliport
means an airport, or an area of an airport, used or
intended to be used for the landing and take-off of
helicopters.
Index
means the type of aircraft rescue and firefighting
equipment and quantity of fire extinguishing agent
that the certificate holder must provide in
accordance with 139.315.
Joint-use airport
means an airport owned by the AFRO-CAA member States
that leases a portion of the airport to a person
operating an airport specified under 139.1(a).
Movement area
means the runways, taxiways, and other areas of an
airport that are used for taxiing, take-off, and
landing of aircraft, exclusive of loading ramps and
aircraft parking areas.
Regional Airports Division Manager
means the airports division manager for the AFRO-CAA region in which the
airport is located.
Safety area
means a defined area comprised of either a runway or
taxiway and the surrounding surfaces that is
prepared or suitable for reducing the risk of damage
to aircraft in the event of an undershoot,
overshoot, or excursion from a runway or the
unintentional departure from a taxiway.
Scheduled operation
means any common carriage passenger-carrying
operation for compensation or hire conducted by an
air carrier for which the air carrier or its
representatives offers in advance the departure
location, departure time, and arrival location. It
does not include any operation that is conducted as
a supplemental operation under 14 CFR part 121 or
public charter operations under 14 CFR part 380.
Shared-use airport
means an AFRO-CAA member States Government-owned
airport that is co-located with an airport specified
under 139.1(a) and at which portions of the movement
areas and safety areas are shared by both parties.
Unscheduled operation
means any common carriage passenger-carrying
operation for compensation or hire, using aircraft
designed for at least 31 passenger seats, conducted
by an air carrier for which the departure time,
departure location, and arrival location are
specifically negotiated with the customer or the
customer's representative. It includes any
passenger-carrying supplemental operation conducted
under 14 CFR part 121 and any passenger-carrying
public charter operation conducted under 14 CFR part
380.
Wildlife hazard
means a potential for a damaging aircraft collision
with wildlife on or near an airport. As used in this
part, “wildlife” includes feral animals and domestic
animals out of the control of their owners.
Note: Special Statutory Requirement To Operate to
or From a Part 139 Airport. Each air carrier
that provides—in an aircraft designed for more than
9 passenger seats—regularly scheduled charter air
transportation for which the public is provided in
advance a schedule containing the departure
location, departure time, and arrival location of
the flight must operate to and from an airport
certificated under part 139 of this chapter in
accordance with 49 AFRO-CAA member States 41104(b).
That statutory provision contains stand-alone
requirements for such air carriers and special
exceptions for operations in Alaska and outside the
AFRO-CAA member States. Certain operations by air
carriers that conduct public charter operations
under 14 CFR part 380 are covered by the statutory
requirements to operate to and from part 139
airports.
Certificate holders must comply with requirements
prescribed by subparts C and D of this part in a
manner authorized by the Administrator. AFRO-CAA
Advisory Circulars contain methods and procedures
for compliance with this part that are acceptable to
the Administrator.
(a)
Except as otherwise authorized by the Administrator,
no person may operate an airport specified under
139.1 of this part without an Airport Operating
Certificate or in violation of that certificate, the
applicable provisions, or the approved Airport
Certification Manual.
(b)
Each certificate holder shall adopt and comply with
an Airport Certification Manual as required under
139.203.
(c)
Persons required to have an Airport Operating
Certificate under this part shall submit their
Airport Certification Manual to the AFRO-CAA for
approval, in accordance with the following schedule:
(1)
Class I airports—
(2)
Class II, III, and IV airports—
Each applicant for an Airport Operating Certificate
must—
(a)
Prepare and submit an application, in a form and in
the manner prescribed by the Administrator, to the
Regional Airports Division Manager.
(b)
Submit with the application, two copies of an
Airport Certification Manual prepared in accordance
with subpart C of this part.
139.105 Inspection
authority.
Each applicant for, or holder of, an Airport
Operating Certificate must allow the Administrator
to make any inspections, including unannounced
inspections, or tests to determine compliance with
Part 49 AFRO-CAA member States and the requirements
of this part.
An
applicant for an Airport Operating Certificate is
entitled to a certificate if—
(a)
The applicant provides written documentation that
air carrier service will begin on a date certain.
(b)
The applicant meets the provisions of 139.103.
(c)
The Administrator, after investigation, finds the
applicant is properly and adequately equipped and
able to provide a safe airport operating environment
in accordance with—
(1)
Any limitation that the Administrator finds
necessary to ensure safety in air transportation.
(2)
The requirements of the Airport Certification
Manual, as specified under 139.203.
(3)
Any other provisions of this part that the
Administrator finds necessary to ensure safety in
air transportation.
(d)
The Administrator approves the Airport Certification
Manual.
An
Airport Operating Certificate issued under this part
is effective until the certificate holder surrenders
it or the certificate is suspended or revoked by the
Administrator.
(a)
An applicant or a certificate holder may petition
the Administrator under 14 CFR part 11, General
Rulemaking Procedures, of this chapter for an
exemption from any requirement of this part.
(b)
Under 49 AFRO-CAA member States 44706(c), the
Administrator may exempt an applicant or a
certificate holder that enplanes annually less than
one-quarter of 1 percent of the total number of
passengers enplaned at all air carrier airports from
all, or part, of the aircraft rescue and
firefighting equipment requirements of this part on
the grounds that compliance with those requirements
is, or would be, unreasonably costly, burdensome, or
impractical.
(1)
Each petition filed under this paragraph must—
(i)
Be submitted in writing at least 120 days before the
proposed effective date of the exemption;
(ii) Set forth the text of 139.317 or 139.319 from
which the exemption is sought;
(iii) Explain the interest of the certificate holder
in the action requested, including the nature and
extent of relief sought; and
(iv) Contain information, views, or arguments that
demonstrate that the requirements of 139.317 or
139.319 would be unreasonably costly, burdensome, or
impractical.
(2)
Information, views, or arguments provided under
paragraph (b)(1) of this section shall include the
following information pertaining to the airport for
which the Airport Operating Certificate is held:
(i)
An itemized cost to comply with the requirement from
which the exemption is sought;
(ii) Current staffing levels;
(iii) The current annual financial report, such as a
single audit report;
(iv) Annual passenger en-planement data for the
previous 12 calendar months;
(v)
The type and frequency of air carrier operations
served;
(vi) A history of air carrier service;
(vii) Anticipated changes to air carrier service;
(c)
Each petition filed under this section must be
submitted in duplicate to the—
(1)
Regional Airports Division Manager and
(2)
Federal Docket Management System, as specified under
14 CFR part 11.
In
emergency conditions requiring immediate action for
the protection of life or property, the certificate
holder may deviate from any requirement of subpart D
of this part, or the Airport Certification Manual,
to the extent required to meet that emergency. Each
certificate holder who deviates from a requirement
under this section must, within 14 days after the
emergency, notify the Regional Airports Division
Manager of the nature, extent, and duration of the
deviation. When requested by the Regional Airports
Division Manager, the certificate holder must
provide this notification in writing.
(a)
No person may operate an airport subject to this
part unless that person adopts and complies with an
Airport Certification Manual, as required under this
part, that—
(1)
Has been approved by the Administrator;
(2)
Contains only those items authorized by the
Administrator;
(3)
Is in printed form and signed by the certificate
holder acknowledging the certificate holder's
responsibility to operate the airport in compliance
with the Airport Certification Manual approved by
the Administrator; and
(4)
Is in a form that is easy to revise and organized in
a manner helpful to the preparation, review, and
approval processes, including a revision log. In
addition, each page or attachment must include the
date of the Administrator's initial approval or
approval of the latest revision.
(b)
Each holder of an Airport Operating Certificate
must—
(1)
Keep its Airport Certification Manual current at all
times;
(2)
Maintain at least one complete and current copy of
its approved Airport Certification Manual on the
airport, which will be available for inspection by
the Administrator; and
(3)
Furnish the applicable portions of the approved
Airport Certification Manual to airport personnel
responsible for its implementation.
(c)
Each certificate holder must ensure that the
Regional Airports Division Manager is provided a
complete copy of its most current approved Airport
Certification Manual, as specified under paragraph
(b)(2) of this section, including any amendments
approved under 139.205.
(d)
AFRO-CAA Advisory Circulars contain methods and
procedures for the development of Airport
Certification Manuals that are acceptable to the
Administrator.
(a)
Except as otherwise authorized by the Administrator,
each certificate holder must include in the Airport
Certification Manual a description of operating
procedures, facilities and equipment, responsibility
assignments, and any other information needed by
personnel concerned with operating the airport in
order to comply with applicable provisions of
subpart D of this part and paragraph (b) of this
section.
(b)
Except as otherwise authorized by the Administrator,
the certificate holder must include in the Airport
Certification Manual the following elements, as
appropriate for its class:
Required Airport Certification Manual Elements
|
Manual elements |
Airport certificate class |
|
Class I |
Class II |
Class III |
Class IV |
|
1. Lines of succession of airport operational
responsibility |
X |
X |
X |
X |
|
2. Each current exemption issued to the airport
from the requirements of this part |
X |
X |
X |
X |
|
3. Any limitations imposed by the Administrator |
X |
X |
X |
X |
|
4. A grid map or other means of identifying
locations and terrain features on and around the
airport that are significant to emergency
operations |
X |
X |
X |
X |
|
5. The location of each obstruction required to
be lighted or marked within the airport's area
of authority |
X |
X |
X |
X |
|
6. A description of each movement area available
for air carriers and its safety areas, and each
road described in 139.319(k) that serves it |
X |
X |
X |
X |
|
7. Procedures for avoidance of interruption or
failure during construction work of utilities
serving facilities or NAVAIDS that support air
carrier operations |
X |
X |
X |
|
|
8. A description of the system for maintaining
records, as required under 139.301 |
X |
X |
X |
X |
|
9. A description of personnel training, as
required under 139.303 |
X |
X |
X |
X |
|
10. Procedures for maintaining the paved areas,
as required under 139.305 |
X |
X |
X |
X |
|
11. Procedures for maintaining the unpaved
areas, as required under 139.307 |
X |
X |
X |
X |
|
12. Procedures for maintaining the safety areas,
as required under 139.309 |
X |
X |
X |
X |
|
13. A plan showing the runway and taxiway
identification system, including the location
and inscription of signs, runway markings, and
holding position markings, as required under
139.311 |
X |
X |
X |
X |
|
14. A description of, and procedures for
maintaining, the marking, signs, and lighting
systems, as required under 139.311 |
X |
X |
X |
X |
|
15. A snow and ice control plan, as required
under 139.313 |
X |
X |
X |
|
|
16. A description of the facilities, equipment,
personnel, and procedures for meeting the
aircraft rescue and firefighting requirements,
in accordance with 139.315, 139.317 and 139.319 |
X |
X |
X |
X |
|
17. A description of any approved exemption to
aircraft rescue and firefighting requirements,
as authorized under 139.111 |
X |
X |
X |
X |
|
18. Procedures for protecting persons and
property during the storing, dispensing, and
handling of fuel and other hazardous substances
and materials, as required under 139.321 |
X |
X |
X |
X |
|
19. A description of, and procedures for
maintaining, the traffic and wind direction
indicators, as required under 139.323 |
X |
X |
X |
X |
|
20. An emergency plan as required under 139.325 |
X |
X |
X |
X |
|
21. Procedures for conducting the
self-inspection program, as required under
139.327 |
X |
X |
X |
X |
|
22. Procedures for controlling pedestrians and
ground vehicles in movement areas and safety
areas, as required under 139.329 |
X |
X |
X |
|
|
23. Procedures for obstruction removal, marking,
or lighting, as required under 139.331 |
X |
X |
X |
X |
|
24. Procedures for protection of NAVAIDS, as
required under 139.333 |
X |
X |
X |
|
|
25. A description of public protection, as
required under 139.335 |
X |
X |
X |
|
|
26. Procedures for wildlife hazard management,
as required under 139.337 |
X |
X |
X |
|
|
27. Procedures for airport condition reporting,
as required under 139.339 |
X |
X |
X |
X |
|
28. Procedures for identifying, marking, and
lighting construction and other unserviceable
areas, as required under 139.341 |
X |
X |
X |
|
|
29. Any other item that the Administrator finds
is necessary to ensure safety in air
transportation |
X |
X |
X |
X |
(a)
Under 139.3, the Regional Airports Division Manager
may amend any Airport Certification Manual approved
under this part, either—
(1)
Upon application by the certificate holder or
(2)
On the Regional Airports Division Manager's own
initiative, if the Regional Airports Division
Manager determines that safety in air transportation
requires the amendment.
(b)
A certificate holder must submit in writing a
proposed amendment to its Airport Certification
Manual to the Regional Airports Division Manager at
least 30 days before the proposed effective date of
the amendment, unless a shorter filing period is
allowed by the Regional Airports Division Manager.
(c)
At any time within 30 days after receiving a notice
of refusal to approve the application for amendment,
the certificate holder may petition the Associate
Administrator for Airports to reconsider the refusal
to amend.
(d)
In the case of amendments initiated by the AFRO-CAA,
the Regional Airports Division Manager notifies the
certificate holder of the proposed amendment, in
writing, fixing a reasonable period (but not less
than 7 days) within which the certificate holder may
submit written information, views, and arguments on
the amendment. After considering all relevant
material presented, the Regional Airports Division
Manager notifies the certificate holder within 30
days of any amendment adopted or rescinds the
notice. The amendment becomes effective not less
than 30 days after the certificate holder receives
notice of it, except that, prior to the effective
date, the certificate holder may petition the
Associate Administrator for Airports to reconsider
the amendment, in which case its effective date is
stayed pending a decision by the Associate
Administrator for Airports.
(e)
Notwithstanding the provisions of paragraph (d) of
this section, if the Regional Airports Division
Manager finds there is an emergency requiring
immediate action with respect to safety in air
transportation, the Regional Airports Division
Manager may issue an amendment, effective without
stay on the date the certificate holder receives
notice of it. In such a case, the Regional Airports
Division Manager incorporates the finding of the
emergency and a brief statement of the reasons for
the finding in the notice of the amendment. Within
30 days after the issuance of such an emergency
amendment, the certificate holder may petition the
Associate Administrator for Airports to reconsider
either the finding of an emergency, the amendment
itself, or both. This petition does not
automatically stay the effectiveness of the
emergency amendment.
In
a manner authorized by the Administrator, each
certificate holder must—
(a)
Furnish upon request by the Administrator all
records required to be maintained under this part.
(b)
Maintain records required under this part as
follows:
(1)
Personnel training. Twenty-four consecutive
calendar months for personnel training records, as
required under 139.303 and 139.327.
(2)
Emergency personnel training. Twenty-four
consecutive calendar months for aircraft rescue and
firefighting and emergency medical service personnel
training records, as required under 139.319.
(3)
Airport fueling agent inspection. Twelve
consecutive calendar months for records of
inspection of airport fueling agents, as required
under 139.321.
(4)
Fueling personnel training. Twelve
consecutive calendar months for training records of
fueling personnel, as required under 139.321.
(5)
Self-inspection. Twelve consecutive calendar
months for self-inspection records, as required
under 139.327.
(6)
Movement areas and safety areas training.
Twenty-four consecutive calendar months for records
of training given to pedestrians and ground vehicle
operators with access to movement areas and safety
areas, as required under 139.329.
(7)
Accident and incident. Twelve consecutive
calendar months for each accident or incident in
movement areas and safety areas involving an air
carrier aircraft and/or ground vehicle, as required
under 139.329.
(8)
Airport condition. Twelve consecutive
calendar months for records of airport condition
information dissemination, as required under
139.339.
(c)
Make and maintain any additional records required by
the Administrator, this part, and the Airport
Certification Manual.
In
a manner authorized by the Administrator, each
certificate holder must—
(a)
Provide sufficient and qualified personnel to comply
with the requirements of its Airport Certification
Manual and the requirements of this part.
(b)
Equip personnel with sufficient resources needed to
comply with the requirements of this part.
(c)
Train all personnel who access movement areas and
safety areas and perform duties in compliance with
the requirements of the Airport Certification Manual
and the requirements of this part. This training
must be completed prior to the initial performance
of such duties and at least once every 12
consecutive calendar months. The curriculum for
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