567
Federal Aviation Administration, DOT
§ 139.5
139.303
Personnel.
139.305
Paved areas.
139.307
Unpaved areas.
139.309
Safety areas.
139.311
Marking, signs, and lighting.
139.313
Snow and ice control.
139.315
Aircraft rescue and firefighting:
Index determination.
139.317
Aircraft rescue and firefighting:
Equipment and agents.
139.319
Aircraft rescue and firefighting:
Operational requirements.
139.321
Handling and storing of hazardous
substances and materials.
139.323
Traffic and wind direction indica-
tors.
139.325
Airport emergency plan.
139.327
Self-inspection program.
139.329
Pedestrians and Ground Vehicles.
139.331
Obstructions.
139.333
Protection of NAVAIDS.
139.335
Public protection.
139.337
Wildlife hazard management.
139.339
Airport condition reporting.
139.341
Identifying, marking, and lighting
construction and other unserviceable
areas.
139.343
Noncomplying conditions.
Subpart E—Airport Safety Management
System
139.401
General requirements.
139.402
Components of Airport Safety Man-
agement System.
139.403
Airport Safety Management System
implementation.
A
UTHORITY
: 49 U.S.C. 106(f), 106(g), 40113,
44701–44706, 44709, 44719, 47175.
S
OURCE
: Docket No. FAA–2000–7479, 69 FR
6424, Feb. 10, 2004, unless otherwise noted.
E
DITORIAL
N
OTE
: Nomenclature changes to
part 139 appear at 69 FR 24069, May 3, 2004.
Subpart A—General
§ 139.1 Applicability.
(a) This part prescribes rules gov-
erning the certification and operation
of airports in any State of the United
States, the District of Columbia, or
any territory or possession of the
United States serving any—
(1) Scheduled passenger-carrying op-
erations of an air carrier operating air-
craft configured for more than 9 pas-
senger seats, as determined by the reg-
ulations under which the operation is
conducted or the aircraft type certifi-
cate issued by a competent civil avia-
tion authority; and
(2) Unscheduled passenger-carrying
operations of an air carrier operating
aircraft configured for at least 31 pas-
senger seats, as determined by the reg-
ulations under which the operation is
conducted or the aircraft type certifi-
cate issued by a competent civil avia-
tion authority.
(b) This part applies to those por-
tions of a joint-use or shared-use air-
port that are within the authority of a
person serving passenger-carrying op-
erations defined in paragraphs (a)(1)
and (a)(2) of this section.
(c) This part does not apply to—
(1) Airports serving scheduled air car-
rier operations only by reason of being
designated as an alternate airport;
(2) Airports operated by the United
States;
(3) Airports located in the State of
Alaska that only serve scheduled oper-
ations of small air carrier aircraft and
do not serve scheduled or unscheduled
operations of large air carrier aircraft;
(4) Airports located in the State of
Alaska during periods of time when not
serving operations of large air carrier
aircraft; or
(5) Heliports.
[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004, as amended by Amdt. 139–27, 78 FR 3316,
Jan. 16, 2013]
§ 139.3 Delegation of authority.
The authority of the Administrator
to issue, deny, and revoke Airport Op-
erating Certificates is delegated to the
Associate Administrator for Airports,
Director of Airport Safety and Stand-
ards, and Regional Airports Division
Managers.
§ 139.5 Definitions.
The following are definitions of
terms used in this part:
Accountable executive
means an indi-
vidual designated by the certificate
holder to act on its behalf for the im-
plementation and maintenance of the
Airport Safety Management System.
The accountable executive has control
of the certificate holder’s human and
financial resources for operations con-
ducted under an Airport Operating Cer-
tificate. The accountable executive has
ultimate responsibility to the FAA, on
behalf of the certificate holder, for the
safety performance of operations con-
ducted under the certificate holder’s
Airport Operating Certificate.
568
14 CFR Ch. I (1–1–24 Edition)
§ 139.5
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 pas-
senger 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 takeoff 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 takeoff of aircraft, in-
cluding any buildings and facilities.
Airport Operating Certificate
means a
certificate, issued under this part, for
operation of a Class I, II, III, or IV air-
port.
Airport Safety Management System
(SMS)
means an integrated collection
of processes and procedures that en-
sures a formalized and proactive ap-
proach to system safety through risk
management.
Average daily departures
means the
average number of scheduled depar-
tures per day of air carrier aircraft
computed on the basis of the busiest 3
consecutive calendar months of the im-
mediately preceding 12 consecutive cal-
endar months. However, if the average
daily departures are expected to in-
crease, then ‘‘average daily depar-
tures’’ may be determined by planned
rather than current activity, in a man-
ner authorized by the Administrator.
Certificate holder
means the holder of
an Airport Operating Certificate issued
under this part.
Class I airport
means an airport cer-
tificated to serve scheduled operations
of large air carrier aircraft that can
also serve unscheduled passenger oper-
ations of large air carrier aircraft and/
or scheduled operations of small air
carrier aircraft.
Class II airport
means an airport cer-
tificated to serve scheduled operations
of small air carrier aircraft and the un-
scheduled passenger operations of large
air carrier aircraft. A Class II airport
cannot serve scheduled large air carrier
aircraft.
Class III airport
means an airport cer-
tificated to serve scheduled operations
of small air carrier aircraft. A Class III
airport cannot serve scheduled or un-
scheduled large air carrier aircraft.
Class IV airport
means an airport cer-
tificated to serve unscheduled pas-
senger operations of large air carrier
aircraft. A Class IV airport cannot
serve scheduled large or small air car-
rier aircraft.
Clean agent
means an electrically
nonconducting volatile or gaseous fire
extinguishing agent that does not leave
a residue upon evaporation and has
been shown to provide extinguishing
action equivalent to halon 1211 under
test protocols of FAA Technical Report
DOT/FAA/AR–95/87.
Hazard
means a condition that could
foreseeably cause or contribute to: (1)
injury, illness, death, damage to or loss
of system, equipment, or property, or
(2) an aircraft accident as defined in 49
CFR 830.2.
Heliport
means an airport, or an area
of an airport, used or intended to be
used for the landing and takeoff of heli-
copters.
Index
means the type of aircraft res-
cue and firefighting equipment and
quantity of fire extinguishing agent
that the certificate holder must pro-
vide in accordance with § 139.315.
Joint-use airport
means an airport
owned by the Department of Defense,
at which both military and civilian air-
craft make shared use of the airfield.
Movement area
means the runways,
taxiways, and other areas of an airport
that are used for taxiing, takeoff, and
landing of aircraft, exclusive of loading
ramps and aircraft parking areas.
Non-movement area
means the area,
other than that described as the move-
ment area, used for the loading, un-
loading, parking, and movement of air-
craft on the airside of the airport (in-
cluding ramps, apron areas, and on-air-
port fuel farms).
Regional Airports Division Manager
means the airports division manager
for the FAA region in which the air-
port is located.
Risk
means the composite of pre-
dicted severity and likelihood of the
potential effect of a hazard.
569
Federal Aviation Administration, DOT
§ 139.7
Risk analysis
means the process
whereby a hazard is characterized for
its likelihood and the severity of its ef-
fect or harm. Risk analysis can be ei-
ther a quantitative or qualitative anal-
ysis; however, the inability to quantify
or the lack of historical data on a par-
ticular hazard does not preclude the
need for analysis.
Risk mitigation
means any action
taken to reduce the risk of a hazard’s
effect.
Safety area
means a defined area com-
prised 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 excur-
sion from a runway or the uninten-
tional departure from a taxiway.
Safety assurance
means processes
within the SMS that function system-
atically to ensure the performance and
effectiveness of risk controls or mitiga-
tions and that the organization meets
or exceeds its safety objectives through
the collection, analysis, and assess-
ment of information.
Safety policy
means the certificate
holder’s documented commitment to
safety, which defines its safety objec-
tives and the accountabilities and re-
sponsibilities of its employees in re-
gard to safety.
Safety promotion
means a combina-
tion of training and communication of
safety information to support the im-
plementation and operation of a SMS
in an organization.
Safety risk management
means a proc-
ess within the SMS composed of de-
scribing the system, identifying the
hazards, and analyzing, assessing, and
controlling or mitigating the risk.
Scheduled operation
means any com-
mon carriage passenger-carrying oper-
ation for compensation or hire con-
ducted by an air carrier for which the
air carrier or its representatives offers
in advance the departure location, de-
parture 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 a U.S. Gov-
ernment-owned airport that is co-lo-
cated 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 loca-
tion are specifically negotiated with
the customer or the customer’s rep-
resentative. It includes any passenger-
carrying supplemental operation con-
ducted under 14 CFR part 121 and any
passenger-carrying public charter oper-
ation 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.
N
OTE
:
Special Statutory Requirement To Op-
erate 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 U.S.C. 41104(b). That stat-
utory provision contains stand-alone re-
quirements for such air carriers and special
exceptions for operations in Alaska and out-
side the United States. Certain operations by
air carriers that conduct public charter oper-
ations under 14 CFR part 380 are covered by
the statutory requirements to operate to and
from part 139 airports. See 49 U.S.C. 41104(b).
[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004, as amended by Amdt. 139–27, 78 FR 3316,
Jan. 16, 2013; Docket No. FAA–2010–
0997;Amdt. No. 139–28, 88 FR 11671, Feb. 23,
2023]
§ 139.7 Methods and procedures for
compliance.
Certificate holders must comply with
requirements prescribed by subparts C
and D of this part in a manner author-
ized by the Administrator. FAA Advi-
sory Circulars contain methods and
procedures for compliance with this
part that are acceptable to the Admin-
istrator.