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14 CFR Ch. I (1–1–24 Edition)
§ 139.343
(1) Mark and, if appropriate, light in
a manner authorized by the Adminis-
trator—
(i) Each construction area and un-
serviceable area that is on or adjacent
to any movement area or any other
area of the airport on which air carrier
aircraft may be operated;
(ii) Each item of construction equip-
ment and each construction roadway,
which may affect the safe movement of
aircraft on the airport; and
(iii) Any area adjacent to a NAVAID
that, if traversed, could cause deroga-
tion of the signal or the failure of the
NAVAID; and
(2) Provide procedures, such as a re-
view of all appropriate utility plans
prior to construction, for avoiding
damage to existing utilities, cables,
wires, conduits, pipelines, or other un-
derground facilities.
(b) FAA Advisory Circulars contain
methods and procedures for identifying
and marking construction areas that
are acceptable to the Administrator.
§ 139.343 Noncomplying conditions.
Unless otherwise authorized by the
Administrator, whenever the require-
ments of subpart D of this part cannot
be met to the extent that uncorrected
unsafe conditions exist on the airport,
the certificate holder must limit air
carrier operations to those portions of
the airport not rendered unsafe by
those conditions.
Subpart E—Airport Safety
Management System
S
OURCE
: Docket No. FAA–2010–0997;Amdt.
No. 139–28, 88 FR 11672, Feb. 23, 2023, unless
otherwise noted.
§ 139.401 General requirements.
(a) Each certificate holder or appli-
cant for an Airport Operating Certifi-
cate meeting at least one of the fol-
lowing criteria must develop, imple-
ment, maintain, and adhere to an Air-
port Safety Management System pur-
suant to the requirements established
in this subpart. If the certificate hold-
er:
(1) Is classified as a large, medium, or
small hub based on passenger data ex-
tracted from the Air Carrier Activity
Information System;
(2) Has an average of 100,000 or more
total annual operations, meaning the
sum of all arrivals and departures, over
the previous three calendar years; or
(3) Is classified as a port of entry,
designated international airport, land-
ing rights airport, or user fee airport.
(b) The scope of an Airport Safety
Management System must encompass
aircraft operation in the movement
area, aircraft operation in the non-
movement area, and other airport oper-
ations addressed in this part.
(c) The Airport Safety Management
System should correspond in size, na-
ture, and complexity to the operations,
activities, hazards, and risks associ-
ated with the certificate holder’s oper-
ations.
(d) If a certificate holder qualifies ex-
clusively under paragraph (a)(3) of this
section and has no tenants that are re-
quired to comply with SMS require-
ments of any jurisdiction, the certifi-
cate holder is eligible for a waiver from
the requirements of paragraph (a) of
this section.
(1) To obtain the waiver, the certifi-
cate holder must submit a written re-
quest to the Regional Airports Division
Manager justifying its request.
(2) If FAA grants a certificate hold-
er’s request for a waiver, the certifi-
cate holder must validate its waiver
eligibility to the Regional Airports Di-
vision Manager every two years.
(e) If an airport has a tenant required
to maintain a SMS subject to the re-
quirements of part 5 of this title, then
the certificate holder may develop a
data sharing and reporting plan to ad-
dress the reporting and sharing of haz-
ard and safety data with the tenant.
(1) Any data sharing and reporting
plan must include, at a minimum:
(i) The types of information the cer-
tificate holder expects the tenant to
share;
(ii) The timeliness of sharing rel-
evant safety data and reports;
(iii) Processes for analyzing joint
safety issues or hazards;
(iv) Other processes, procedures, and
policies to aid the certificate holder’s
compliance with its obligations under
the Airport Safety Management Sys-
tem; and
(v) Identification of the mechanisms
through which the certificate holder