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<HEAD><TITLE>Certification and Operations: Land Airports Serving Certain Air Carriers</TITLE>
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<h2><CENTER>Part 108--</h2></Center>
<h2><center>CERTIFICATION AND OPERATIONS: LAND AIRPORTS SERVING AIR CARRIERS</h2></center>
<h3><CENTER>SUBPART A-- General</h3></center>
<B>Sec. 139.1 Applicability.</B><P>
This part prescribes rules governing the certification
and operation of land airports which serve any scheduled or unscheduled
passenger operation of
an air carrier that is conducted with an aircraft having a
seating capacity of more than 30 passengers. This part does not apply to airports at which aircarrier passenger operations are conducted only by reason of the airport being designated as an alternate airport.
<P>
<B>Sec. 139.3 Definitions.</B><P>
The following are definitions of terms as used in this
part:<P>
<OL TYPE="a">
<P><LI>"AFFF" means aqueous film forming foam agent.
<P><LI>"Air carrier" means a person who holds or who is required to hold an air carrier operating certificate issued under this chapter while operating aircraft having a seating capacity of more than 30 passengers.
<P><LI> "Air carrier aircraft" means an aircraft with a seating capacity of more than 30 passengers which is being operated by an air carrier.
<P><LI> "Air carrier operation" means the takeoff or landing of an air carrier aircraft and includes the period of time from 15 minutes before and until 15 minutes after the takeoff or landing.
<P><LI>"Airport" means an area of land or other hard surface, excluding water, that is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any.
<P><LI> "Airport operating certificate" means a certificate, issued
under this part, for operation of an airport serving scheduled operations of air carriers.
<P><LI>"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 months of the immediately preceding 12
calendar months; except that 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 acceptable to the Administrator.
<P><LI>"Certificate holder" means the holder of an airport operating certificate or a limited airport operating certificate, except that as used in Subpart D "certificate holder" does not mean the holder of a limited airport operating certificate if its airport certification specifications, or this part, do not require compliance with the section in which it is used.
<P><LI>"Heliport" means an airport or an area of an airport used or intended to be used for the landing and takeoff of helicopters.
<P><LI>"Index" means an airport ranking according to the type and quantity of aircraft rescue and firefighting equipment and agent required, determined bythe length and frequency of air carrier aircraft served by the airport, asprovided in Subpart D of this part.
<P><LI>"Limited airport operating certificate" means a certificate, issued under this part, for the operation of an airport serving unscheduled operations of air carriers.
<P><LI>"Movement area" means the runways, taxiways, and other areas of an airport which are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading ramps and aircraft parking areas.
<P><LI>"Regional Airports Division Manager" means the airports division manager for the FAA region in which the airport is located.
<P><LI>"Safety area" means a designated area abutting the
edges of a runway or taxiway intended to reduce the risk of damage to an aircraft inadvertently leaving the runway or taxiway.
<P><LI>"Wildlife hazard" means a potential for a damaging aircraft collision with wildlife on or near an airport. As used in this part, "wildlife" includes domestic animals while out of the control of their owners.<P></OL>
<B>Sec. 139.5 Standards and procedures for compliance with the certification and operations requirements of this part.</B><P>
Certain requirements prescribed by Subparts C and D
of this part must be complied with in a manner acceptable to the
Administrator. FAA Advisory Circulars contain standards and procedures that are acceptable to the Administrator for compliance with Subparts C and D. Some of these advisory circulars are referenced in specific sections of this part. The standards and procedures in them, or other standards and procedures approved by the Administrator, may be used to comply with those sections.<P>
<CENTER><h3>Subpart B--Certification</h3></CENTER>
<P><B>Sec. 139.101 Certification requirements: general.</B>
<OL TYPE="a">
<LI> No person may operate a land airport in any State of the United States,the District of Columbia, or any territory or possession of the United States, serving any scheduled passenger operation of an
air carrier operating an aircraft having a seating capacity of more than 30 passengers without anairport operating certificate, or in violation of that certificate, the applicable provisions of this part, or the approved airport certification manual for that airport.<P>
<LI> Unless otherwise authorized by the Administrator,
no person may operate a land airport in any State of the United States, the District of Columbia, or any territory or possession of the United States, serving any unscheduled passenger operation of an air carrier operating an aircraft having a seatingcapacity of more than 30 passengers without a limited airport operating certificate, or in violation of that certificate, the applicable provisions of this part, or the approved airport specifications for that airport.<P></OL>
<B>Sec. 139.103 Application for certificate.</B>
<OL TYPE="a"><P>
<LI> Each applicant for an airport operating certificate or
a limited airport operating certificate must submit an application,
in a form and in the manner prescribed by the Administrator, to the
Regional Airports Division Manager.
<P> <LI> The application must be accompanied by two copies
of an airport certification manual or airport certification specifications, as appropriate, prepared in accordance with Subpart C of this part.<P></OL>
<B> Sec. 139.105 Inspection authority.</B>
<P> Each applicant for an airport operating certificate or a
limited airport operating certificate must allow the Administrator to
make any inspections, including unannounced inspections, or tests to
determine compliance with--
<OL TYPE="a">
<P><LI> The Federal Aviation Act of 1958, as amended; and
<P><LI> The requirements of this part.<P></OL>
<B>Sec. 139.107 Issuance of certificate.</B><P>
<OL TYPE="a">
<P><LI> An applicant for an airport operating certificate is
entitled to a certificate if--
<OL TYPE="1">
<P><LI> The provisions of Sec. 139.103 of this subpart are
met;
<P><LI> The Administrator, after investigation, finds that the
applicant is properly and adequately equipped and able to provide a
safe airport operating environment in accordance with--<P>
<OL TYPE="a">
<P>(i) Subpart D of this part, and
<P>(ii) Any limitations which the Administrator finds
necessary in the public interest; and</OL>
<P><LI> The Administrator approves the airport certification
manual.</OL>
<P><LI> An applicant for a limited airport operating certificate is entitled to a certificate if--
<OL TYPE="1">
<P><LI> The provisions of Sec. 139.103 of this subpart are
met;
<P><LI> The Administrator, after investigation, finds that the
applicant is properly and adequately equipped and able to provide a
safe airport operating environment in accordance with--
<OL TYPE="a">
<P>(i) The provisions of Subpart D listed in Sec. 139.213(a)
of this part, and
<P>(ii) Any other provisions of this part and any limitations
which the Administrator finds necessary in the public interest; and<P></OL>
<LI> The Administrator approves the airport certification
specifications.<P></OL></OL>
<B>Sec. 139.109 Duration of certificate.</B><P>
An airport operating certificate or a limited airport
operating certificate issued under this part
is effective until it is surrendered by the
certificate holder or is suspended or revoked by the
Administrator.<P>
<B> Sec. 139.111 Exemptions.</B><P>
<OL TYPE="a">
<LI> An applicant or a certificate holder may petition the
Administrator under Sec. 11.25, Petitions for Rule Making or
Exemptions, of this chapter for an exemption from any requirement of this part.<P>
<LI> An applicant or a certificate holder, enplaning
annually less than one- quarter of 1 percent of the total number of passengers enplaned at all air carrier airports, may petition the Administrator under Sec. 11.25, Petitions for Rule Making or Exemptions, of this chapter for an exemption from all or part of the 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.<P>
<LI> Each petition filed under this section must be submitted in duplicate to the Regional Airports Division Manager.<P></OL></OL><P>
<B>Sec. 139.113 Deviations.</B><p>
In emergency conditions requiring immediate action for
the protection of life or property, involving the transportation of persons by air carriers,the certificate holder may deviate from any requirement of Subpart D of thispart to the extent required to meet that emergency. Each certificate holderwho deviates from a requirement under this paragraph shall, as soon as practicable, but not later than 14 days after the emergency, report in writing to the Regional Airports Division Manager stating the nature, extent,and duration of the deviation.<P>
<Center><B>Subpart C--Airport Certification Manual and Airport
Certification Specifications</B><P></center>
<B>Sec. 139.201 Airport operating certificate: Airport
certification manual.</B><P>
<OL TYPE="a">
<LI> An applicant for an airport operating certificate must
prepare, and submit with an application, an airport certification manual for approval by the Administrator. Only those items addressing subjects required for certification under this part shall be included in the airport certification manual.<P>
<LI> Except as provided in paragraph (c) of this section,
each certificate holder shall comply with an approved airport certification manual that meets the requirements of Secs. 139.203 and 139.205. A certificate holder with an approved airport
operations manual on December 31, 1987, may use the manual in lieu of the manual required by paragraph (b) of this section until December 31, 1988. Until the certificate holder has an approved airport certification manual, it shall comply with Sec. 139.207 as if that section applied to its airport operations manual.<P>
<LI> A certificate holder with an approved airport operations manual on December 31, 1987, may use the manual in lieu of the manual required by paragraph (b) of this section until December31, 1988. Until the certificate holder has an approved airport cerification manual, it shall comply with Sec. 139.207 as if that section applied to its airport operations manual.</OL>
<B>Sec. 139.203 Preparation of airport certification
manual.</B><P>
<OL TYPE="a">
<LI> Each airport certification manual required by this
part shall--<P>
<OL TYPE="1">
<LI> Be typewritten and signed by the airport operator;<P>
<LI> Be in a form that is easy to revise;<P>
<LI> Have the date of initial approval or approval of the
latest revision on each page or item in the manual and include a page
revision log; and<P>
<LI> Be organized in a manner helpful to the preparation,
review, and approval processes.<P></OL>
<LI> FAA Advisory Circulars in the 139 series contain
standards and procedures for the development of airport certification manuals which are acceptable to the Administrator.<P></OL>
<B>Sec. 139.205 Contents of airport certification manual.</B>
<OL TYPE="a"><P>
<LI> Each airport certification manual required by this
part shall include operating procedures, facilities and equipment
descriptions, responsibility assignments, and any other information needed by personnel concerned with operating the airport in order to comply with--<P>
<OL TYPE="1">
<LI> The provisions of Subpart D of this part; and<P>
<LI> Any limitations which the Administrator finds necessary in the public interest.<P></OL>
<LI> In complying with paragraph (a) of this section, the
airport certification manual must include at least the following
elements:<P>
<OL TYPE="1">
<LI> Lines of succession of airport operational
responsibility.<P>
<LI> Each current exemption issued to the airport from
the requirements of this part.<P>
<LI> Any limitations imposed by the Administrator.<P>
<LI> A grid map or other means of identifying locations
and terrain features on and around the airport which are significant to emergency operations.<P>
<LI> The system of runway and taxiway identification.<P>
<LI> The location of each obstruction required to be
lighted or marked within the airport's area of authority.<P>
<LI> A description of each movement area available for
air carriers and its safety areas and each road described in Sec. 139.319(k)that serves it.<P>
<LI> Procedures for avoidance of interruption or failure
during construction work of utilities serving facilities or navaids which support air carrier operations.<P>
<LI> Procedures for maintaining the paved areas as required by Sec. 139.305.<P>
<LI> Procedures for maintaining the unpaved areas as required by Sec.139.307.<P>
<LI> Procedures for maintaining the safety areas as
required by Sec. 139.309.<P>
<LI> A description of, and procedures for maintaining,
the marking and lighting systems as required by Sec. 139.311.<<P>
<LI> A snow and ice control plan as required by Sec.
139.313.<P>
<LI> A description of the facilities, equipment, personnel, and procedures for meeting the rescue and firefighting requirements in
Secs. 139.317 and 139.319.<P>
<LI> Procedures for complying with the requirements of
Sec. 139.321 relating to hazardous substances and materials.<P>
<LI> A description of, and procedures for maintaining,the traffic and wind direction indicators required by Sec. 139.323.<P>
<LI> An emergency plan as required by Sec. 139.325.<P>
<LI> Procedures for conducting the self-inspection program as required by Sec. 139.327.<P>
<LI> Procedures for controlling ground vehicles as required by Sec.139.329.<P>
<LI> Procedures for obstruction removal, marking, or lighting as required by Sec. 139.331.<P>
<LI> Procedures for protection of navaids as required
by Sec. 139.333.<P>
<LI> A description of public protection as required by
Sec. 139.335.<P>
<LI> A wildlife hazard management plan as required by
Sec. 139.337.<P>
<LI> Procedures for airport condition reporting as
required by Sec.139.339.<P>
<LI> Procedures for identifying, marking, and reporting
construction and other unserviceable areas as required by Sec. 139.341.<P>
<LI> Any other item which the Administrator finds is
necessary in the public interest.<P></OL></OL>
<B>Sec. 139.207 Maintenance of airport certification
manual.</B><P>
Each holder of an airport operating certificate shall--<P>
<OL TYPE="a">
<LI> Keep its airport certification manual current at all
times;<P>
<LI> Maintain at least one complete and current copy of
its approved airport certification manual on the airport;<P>
<LI> Furnish the applicable portions of the approved
airport certification manual to the airport personnel responsible for their implementation;<P>
<LI> Make the copy required by paragraph (b) of this
section available for inspection by the Administrator upon request; and<P>
<LI> Provide the Administrator with one complete and
current copy required by paragraph (b) of this section.</OL><P>
<B>Sec. 139.209 Limited airport operating certificate:
Airport certification Specifications.</B><P>
<OL TYPE="a">
<LI> An applicant for a limited airport operating certificate
must prepare, and submit with an application, airport certification
specifications for approval by the Administrator. Only those items
addressing subjects required for certification under this part shall be included in the airport certification specifications.<P>
<LI> Except as provided in paragraph (c) of this section,
each certificate holder shall comply with the approved airport certification specifications that meet the requirements of Secs. 139.211 and 139.213.<P>
<LI> A certificate holder with an approved airport
operations specification on December 31, 1987, may use those specifications in lieu of the specifications required by paragraph (b) of this section until December 31, 1988. Until the certificate holder has approved airport certification specifications, it shall comply with Sec. 139.215 as if that section applied to its airport operations specifications.<P></OL>
<B>Sec. 139.211 Preparation of airport certification
specifications.</B>
<OL TYPE="a">
<LI> Each airport certification specifications required by
this part shall--<P>
<OL TYPE="1">
<LI> Be typewritten and signed by the airport operator;
<LI> Be in a form that is easy to revise;
<LI> Have the date of initial approval or approval of the latest revision on each page or item in the specifications and include a
page revision log; and
<LI> Be organized in a manner helpful to the preparation,
review, and approval processes.</OL><P>
<LI> FAA Advisory Circulars in the 139 series contain
standards and procedures for the development of airport certification
specifications which are acceptable to the Administrator.<P></OL></OL>
<B>Sec. 139.213 Contents of airport certification
specifications.</B>
<OL TYPE="a">
<LI> The airport certification specifications required by
this part shall include operating procedures, facilities and equipment
descriptions, responsibility assignments, and any other information
needed by personnel concerned with operating the airport in order to comply with--<P>
<OL TYPE="1">
<LI> The following provisions of Subpart D of this part:
<OL TYPE="a">
<P>(i) Section 139.301 Inspection authority.
<P>(ii) Section 139.303 Personnel.
<P>(iii) Section 139.305 Paved areas.
<P>(iv) Section 139.307 Unpaved areas.
<P>(v) Section 139.309 Safety areas.
<P>(vi) Section 139.311 Marking and lighting.
<P>(vii Section 139.339 Airport condition reporting.</OL>
<P><LI> Any other provisions of Subpart D of this part, and
any limitations, which the Administrator finds necessary in the public
interest.</OL><P>
<LI> In complying with paragraph (a) of this section, the
airport certification specifications shall include at least the
following elements:<P>
<OL TYPE="1">
<LI> Lines of succession of airport operational
responsibility.<P>
<LI> Each current exemption issued to the airport from
the requirements of this part.<P>
<LI> Any limitations imposed by the Administrator.<P>
<LI> The system of runway and taxiway identification.<P>
<LI> The location of each obstruction required to be
lighted or marked within the airport's area of authority.<P>
<LI> A description of each movement area available for
air carriers and its safety areas.<P>
<LI> Procedures for maintaining the paved areas as
required by Sec. 139.305.<P>
<LI> Procedures for maintaining the unpaved areas as
required by Sec. 139.307.<P>
<LI> Procedures for maintaining the safety areas as required by Sec.
139.309.<P>
<LI> A description of, and procedures for maintaining,
the marking and lighting systems as required by Sec. 139.311.<P>
<LI> A description of the facilities, equipment,
personnel, and procedures for emergency response to aircraft rescue and firefighting needs.<P>
<LI> Procedures for safety in storing and handling of
hazardous substances and materials.<P>
<LI> A description of, and procedures for maintaining,
any traffic and wind direction indicators on the airport.<P>
<LI> A description of the procedures used for conducting self-inspections of the airport.<P>
<LI> Procedures and responsibilities for airport
condition reporting as required by Sec. 139.339.<P>
<LI> Procedures for compliance with any other
provisions of Subpart D of this part, and any limitations, which the Administrator finds necessary in the public interest.<P></OL></OL>
<B> Sec. 139.215 Maintenance of airport certification
specifications.</B><P>
Each holder of a limited airport operating certificate
shall--
<OL TYPE="a">
<LI> Keep its airport certification specifications current at
all times;<P>
<LI> Maintain at least one complete and current copy of
its approved airport certification specifications on the airport;<P>
<LI> Furnish the applicable portions of the approved
airport certification specifications to the airport personnel responsible for their implementation;<P>
<LI> Make the copy required by paragraph (b) of this
section available for inspection by the Administrator upon request; and<P>
<LI> Provide the Administrator with one complete and
current copy required by paragraph (b) of this section.<P></OL>
<B> Sec. 139.217 Amendment of airport certification manual
or airport Certification specifications.</B><P>
<OL TYPE="a">
<LI> The Regional Airports Division Manager may amend
any airport certification manual or any airport certification
specifications approved under this part, either--<P>
<OL TYPE="1">
<LI> Upon application by the certification holder; or<P>
<LI> On the Regional Airports Division Manager's own
initiative if the Regional Airports Division Manager determines that
safety in air transportation or air commerce and the public interest
require the amendment.</OL><P>
<LI> An applicant for an amendment to its airport
certification manual or its airport certification specifications shall file its application with 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 that office.<P>
<LI> At any time within 30 days after receiving a notice of
refusal to approve the application for amendment, the certificate
holder may petition the Administrator to reconsider the refusal to amend.<P>
<LI> In the case of amendments initiated by the Regional
Airports Division Manager, the office 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 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 Administrator to reconsider the amendment,
in which case its effective date is stayed pending a decision by the
Administrator.<P>
<LI> Notwithstanding the provisions of paragraph (d) of
this section, if the Regional Airports Division Manager finds that there is an emergency requiring immediate action with respect to safety in air transportation or air commerce that makes the procedures in this paragraph impractical or contrary to the public interest, 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 Administrator to reconsider either the finding
of an emergency or the amendment itself or both. This petition does not automatically stay the effectiveness of the emergency amendment.<P>
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