title-14-part-139

566

14 CFR Ch. I (1–1–24 Edition)

§ 137.55

(2) If other than a helicopter, it must

be equipped with a device capable of
jettisoning at least one-half of the air-
craft’s maximum authorized load of ag-
ricultural material within 45 seconds.
If the aircraft is equipped with a device
for releasing the tank or hopper as a
unit, there must be a means to prevent
inadvertent release by the pilot or
other crewmember.

[Doc. No. 1464, 30 FR 8106, June 24, 1965, as
amended by Amdt. 137–5, 41 FR 16796, Apr. 22,
1976; Amdt. 137–12, 54 FR 34332, Aug. 18, 1989]

§ 137.55 Business name: Commercial

agricultural aircraft operator.

No person may operate under a busi-

ness name that is not shown on his
commercial agricultural aircraft oper-
ator certificate.

§ 137.57 Availability of certificate.

Each holder of an agricultural air-

craft operator certificate shall keep
that certificate at his home base of op-
erations and shall present it for inspec-
tion on the request of the Adminis-
trator or any Federal, State, or local
law enforcement officer.

§ 137.59 Inspection authority.

Each holder of an agricultural air-

craft operator certificate shall allow
the Administrator at any time and
place to make inspections, including
on-the-job inspections, to determine
compliance with applicable regulations
and his agricultural aircraft operator
certificate.

Subpart D—Records and Reports

§ 137.71 Records: Commercial agricul-

tural aircraft operator.

(a) Each holder of a commercial agri-

cultural aircraft operator certificate
shall maintain and keep current, at the
home base of operations designated in
his application, the following records:

(1) The name and address of each per-

son for whom agricultural aircraft
services were provided;

(2) The date of the service;
(3) The name and quantity of the ma-

terial dispensed for each operation con-
ducted; and

(4) The name, address, and certificate

number of each pilot used in agricul-
tural aircraft operations and the date

that pilot met the knowledge and skill
requirements of § 137.19(e).

(b) The records required by this sec-

tion must be kept at least 12 months
and made available for inspection by
the Administrator upon request.

§ 137.75 Change of address.

Each holder of an agricultural air-

craft operator certificate shall notify
the FAA in writing in advance of any
change in the address of his home base
of operations.

§ 137.77 Termination of operations.

Whenever a person holding an agri-

cultural aircraft operator certificate
ceases operations under this part, he
shall surrender that certificate to the
responsible Flight Standards office last
having jurisdiction over his operation.

[Doc. No. 1464, 30 FR 8106, June 24, 1965, as
amended by Amdt. 137–13, 54 FR 39294, Sept.
25, 1989; 54 FR 52872, Dec. 22, 1989; Docket
FAA–2018–0119, Amdt. 137–17, 83 FR 9175, Mar.
5, 2018]

PART 139—CERTIFICATION OF

AIRPORTS

Subpart A—General

Sec.
139.1

Applicability.

139.3

Delegation of authority.

139.5

Definitions.

139.7

Methods and procedures for compli-

ance.

Subpart B—Certification

139.101

General requirements.

139.103

Application for certificate.

139.105

Inspection authority.

139.107

Issuance of certificate.

139.109

Duration of certificate.

139.111

Exemptions.

139.113

Deviations.

139.115

Falsification, reproduction, or alter-

ation of applications, certificates, re-
ports, or records.

Subpart C—Airport Certification Manual

139.201

General requirements.

139.203

Contents of Airport Certification

Manual.

139.205

Amendment of Airport Certification

Manual.

Subpart D—Operations

139.301

Records.

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.

UTHORITY

: 49 U.S.C. 106(f), 106(g), 40113,

44701–44706, 44709, 44719, 47175.

OURCE

: Docket No. FAA–2000–7479, 69 FR

6424, Feb. 10, 2004, unless otherwise noted.

DITORIAL

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.

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.

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.

570

14 CFR Ch. I (1–1–24 Edition)

§ 139.101

Subpart B—Certification

§ 139.101 General requirements.

(a) Except as otherwise authorized by

the Administrator, no person may op-
erate an airport specified under § 139.1
of this part without an Airport Oper-
ating 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 Cer-
tification Manual as required under
§ 139.203.

[Docket No. FAA–2000–7479, 69 FR 6424, Feb.
10, 2004, as amended by Docket No. FAA–
2010–0997;Amdt. No. 139–28, 88 FR 11672, Feb.
23, 2023]

§ 139.103 Application for certificate.

Each applicant for an Airport Oper-

ating Certificate must—

(a) Prepare and submit an applica-

tion, in a form and in the manner pre-
scribed by the Administrator, to the
Regional Airports Division Manager.

(b) Submit with the application, two

copies of an Airport Certification Man-
ual, and a Safety Management System
Manual (where applicable), prepared in
accordance with subparts C and E of
this part.

[Docket No. FAA–2000–7479, 69 FR 6424, Feb.
10, 2004, as amended by Docket No. FAA–
2010–0997;Amdt. No. 139–28, 88 FR 11672, Feb.
23, 2023]

§ 139.105 Inspection authority.

Each applicant for, or holder of, an

Airport Operating Certificate must
allow the Administrator to make any
inspections, including unannounced in-
spections, or tests to determine com-
pliance with 49 U.S.C. 44706 and the re-
quirements of this part.

§ 139.107 Issuance of certificate.

An applicant for an Airport Oper-

ating Certificate is entitled to a cer-
tificate if—

(a) The applicant provides written

documentation that air carrier service
will begin on a date certain.

(b) The applicant meets the provi-

sions of § 139.103.

tigation, finds the applicant is properly

and adequately equipped and able to
provide a safe airport operating envi-
ronment in accordance with—

(1) Any limitation that the Adminis-

trator 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.

§ 139.109 Duration of certificate.

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.

§ 139.111 Exemptions.

(a) An applicant or a certificate hold-

er may petition the Administrator
under 14 CFR part 11, General Rule-
making Procedures, of this chapter for
an exemption from any requirement of
this part.

(b) Under 49 U.S.C. 44706(c), the Ad-

ministrator may exempt an applicant
or a certificate holder that enplanes
annually less than one-quarter of 1 per-
cent of the total number of passengers
enplaned at all air carrier airports
from all, or part, of the aircraft rescue
and firefighting equipment require-
ments of this part on the grounds that
compliance with those requirements is,
or would be, unreasonably costly, bur-
densome, 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 cer-

tificate holder in the action requested,
including the nature and extent of re-
lief sought; and

(iv) Contain information, views, or

arguments that demonstrate that the
requirements of §§ 139.317 or 139.319
would be unreasonably costly, burden-
some, or impractical.

571

Federal Aviation Administration, DOT

§ 139.201

(2) Information, views, or arguments

provided under paragraph (b)(1) of this
section shall include the following in-
formation pertaining to the airport for
which the Airport Operating Certifi-
cate is held:

(i) An itemized cost to comply with

the requirement from which the ex-
emption is sought;

(ii) Current staffing levels;
(iii) The current annual financial re-

port, such as a single audit report or
FAA Form 5100–127, Operating and Fi-
nancial Summary;

(iv) Annual passenger enplanement

data for the previous 12 calendar
months;

(v) The type and frequency of air car-

rier operations served;

(vi) A history of air carrier service;
(vii) Anticipated changes to air car-

rier service;

tion must be submitted in duplicate to
the—

(1) Regional Airports Division Man-

ager and

(2) Federal Docket Management Sys-

tem, as specified under 14 CFR part 11.

[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004; 72 FR 68475, Dec. 5, 2007]

§ 139.113 Deviations.

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 re-
quired to meet that emergency. Each
certificate holder who deviates from a
requirement under this section must,
within 14 days after the emergency, no-
tify the Regional Airports Division
Manager of the nature, extent, and du-
ration of the deviation. When requested
by the Regional Airports Division Man-
ager, the certificate holder must pro-
vide this notification in writing.

§ 139.115 Falsification, reproduction,

or alteration of applications, certifi-

cates, reports, or records.

(a) No person shall make or cause to

be made:

(1) Any fraudulent or intentionally

false statement on any application for
a certificate or approval under this
part.

(2) Any fraudulent or intentionally

false entry in any record or report that
is required to be made, kept, or used to
show compliance with any requirement
under this part.

(3) Any reproduction, for a fraudulent

purpose, of any certificate or approval
issued under this part.

(4) Any alteration, for a fraudulent

purpose, of any certificate or approval
issued under this part.

(b) The commission by any owner,

operator, or other person acting on be-
half of a certificate holder of an act
prohibited under paragraph (a) of this
section is a basis for suspending or re-
voking any certificate or approval
issued under this part and held by that
certificate holder and any other certifi-
cate issued under this title and held by
the person committing the act.

[Doc. No. FAA–2010–0247, 78 FR 3316, Jan. 16,
2013]

Subpart C—Airport Certification

Manual

§ 139.201 General requirements.

(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 Admin-

istrator;

(2) Contains only those items author-

ized 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 Adminis-
trator’s initial approval or approval of
the latest revision.

(b) Each holder of an Airport Oper-

ating Certificate must—

(1) Keep its Airport Certification

Manual current at all times;

572

14 CFR Ch. I (1–1–24 Edition)

§ 139.203

(2) Maintain at least one complete

and current copy of its approved Air-
port Certification Manual on the air-
port, which will be available for inspec-
tion by the Administrator; and

(3) Furnish the applicable portions of

the approved Airport Certification
Manual to airport personnel respon-
sible for its implementation.

sure that the Regional Airports Divi-
sion Manager is provided a complete
copy of its most current approved Air-
port Certification Manual, as specified
under paragraph (b)(2) of this section,
including any amendments approved
under § 139.205.

(d) FAA Advisory Circulars contain

methods and procedures for the devel-
opment of Airport Certification Manu-

als that are acceptable to the Adminis-
trator.

§ 139.203 Contents of Airport Certifi-

cation Manual.

(a) Except as otherwise authorized by

the Administrator, each certificate
holder must include in the Airport Cer-
tification Manual a description of oper-
ating procedures, facilities and equip-
ment, responsibility assignments, and
any other information needed by per-
sonnel concerned with operating the
airport in order to comply with appli-
cable 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 Cer-
tification Manual the following ele-
ments, as appropriate for its class:

EQUIRED

IRPORT

ERTIFICATION

ANUAL

LEMENTS

Manual elements

Airport certificate class

Class

III

Class

1. Lines of succession of airport operational responsibility ..............................................................

2. Each current exemption issued to the airport from the requirements of this part .......................

3. Any limitations imposed by the Administrator ..............................................................................

4. A grid map or other means of identifying locations and terrain features on and around the air-

port that are significant to emergency operations .........................................................................

5. The location of each obstruction required to be lighted or marked within the airport’s area of

authority .........................................................................................................................................

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 ................................................................................

7. Procedures for avoidance of interruption or failure during construction work of utilities serving

facilities or NAVAIDS that support air carrier operations ..............................................................

8. A description of the system for maintaining records, as required under § 139.301 ....................

9. A description of personnel training, as required under § 139.303 ...............................................

10. Procedures for maintaining the paved areas, as required under § 139.305 ..............................

11. Procedures for maintaining the unpaved areas, as required under § 139.307 ..........................

12. Procedures for maintaining the safety areas, as required under § 139.309 ..............................

13. A plan showing the runway and taxiway identification system, including the location and in-

scription of signs, runway markings, and holding position markings, as required under
§ 139.311 .......................................................................................................................................

14. A description of, and procedures for maintaining, the marking, signs, and lighting systems,

as required under § 139.311 .........................................................................................................

15. A snow and ice control plan, as required under § 139.313 ........................................................

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 .....

17. A description of any approved exemption to aircraft rescue and firefighting requirements, as

authorized under § 139.111 ...........................................................................................................

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 ................

19. A description of, and procedures for maintaining, the traffic and wind direction indicators, as

required under § 139.323 ..............................................................................................................

20. An emergency plan as required under § 139.325 ......................................................................

21. Procedures for conducting the self-inspection program, as required under § 139.327 .............

22. Procedures for controlling pedestrians and ground vehicles in movement areas and safety

areas, as required under § 139.329 ..............................................................................................

23. Procedures for obstruction removal, marking, or lighting, as required under § 139.331 ...........

24. Procedures for protection of NAVAIDS, as required under § 139.333 .......................................

25. A description of public protection, as required under § 139.335 ................................................

26. Procedures for wildlife hazard management, as required under § 139.337 ..............................

27. Procedures for airport condition reporting, as required under § 139.339 ..................................

28. Procedures for identifying, marking, and lighting construction and other unserviceable areas,

as required under § 139.341 .........................................................................................................

573

Federal Aviation Administration, DOT

§ 139.301

EQUIRED

IRPORT

ERTIFICATION

ANUAL

LEMENTS

—Continued

Manual elements

Airport certificate class

Class

III

Class

29. Policies and procedures for the development of, implementation of, maintenance of, and ad-

herence to, the Airport’s Safety Management System, as required under subpart E of this part.
Section 139.401(1) prescribes which certificate holders are subject to this requirement. ...........

30. Any other item that the Administrator finds is necessary to ensure safety in air transportation

[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10, 2004; Amdt. 139–26, 69 FR 31522, June 4, 2004, as
amended by Amdt. 139–27, 78 FR 3316, Jan. 16, 2013; Docket No. FAA–2010–0997;Amdt. No. 139–
28, 88 FR 11672, Feb. 23, 2023]

§ 139.205 Amendment of Airport Cer-

tification Manual.

(a) Under § 139.3, the Regional Air-

ports Division Manager may amend
any Airport Certification Manual ap-
proved under this part, either—

(1) Upon application by the certifi-

cate holder or

(2) On the Regional Airports Division

Manager’s own initiative, if the Re-
gional Airports Division Manager de-
termines that safety in air transpor-
tation 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 effec-
tive date of the amendment, unless a
shorter filing period is allowed by the
Regional Airports Division Manager.

receiving a notice of refusal to approve
the application for amendment, the
certificate holder may petition the As-
sociate Administrator for Airports to
reconsider the refusal to amend.

(d) In the case of amendments initi-

ated by the FAA, the Regional Airports
Division Manager notifies the certifi-
cate holder of the proposed amend-
ment, in writing, fixing a reasonable
period (but not less than 7 days) within
which the certificate holder may sub-
mit written information, views, and ar-
guments on the amendment. After con-
sidering all relevant material pre-
sented, 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 hold-
er receives notice of it, except that,

prior to the effective date, the certifi-
cate holder may petition the Associate
Administrator for Airports to recon-
sider the amendment, in which case its
effective date is stayed pending a deci-
sion by the Associate Administrator
for Airports.

(e) Notwithstanding the provisions of

paragraph (d) of this section, if the Re-
gional Airports Division Manager finds
there is an emergency requiring imme-
diate action with respect to safety in
air transportation, the Regional Air-
ports Division Manager may issue an
amendment, effective without stay on
the date the certificate holder receives
notice of it. In such a case, the Re-
gional Airports Division Manager in-
corporates the finding of the emer-
gency and a brief statement of the rea-
sons for the finding in the notice of the
amendment. Within 30 days after the
issuance of such an emergency amend-
ment, the certificate holder may peti-
tion the Associate Administrator for
Airports to reconsider either the find-
ing of an emergency, the amendment
itself, or both. This petition does not
automatically stay the effectiveness of
the emergency amendment.

Subpart D—Operations

§ 139.301 Records.

In a manner authorized by the Ad-

ministrator, each certificate holder
must—

(a) Furnish upon request by the Ad-

ministrator all records required to be
maintained under this part.

(b) Maintain records required under

this part as follows:

574

14 CFR Ch. I (1–1–24 Edition)

§ 139.303

(1)

Personnel training.

Twenty-four

consecutive calendar months for per-
sonnel training records and orientation
materials, as required under §§ 139.303,
139.327, and 139.402(d).

(2)

Emergency personnel training.

Twenty-four consecutive calendar
months for aircraft rescue and fire-
fighting and emergency medical serv-
ice personnel training records, as re-
quired 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 train-
ing records of fueling personnel, as re-
quired 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 cal-

endar 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 con-

secutive calendar months for each acci-
dent or incident in movement areas
and safety areas involving an air car-
rier aircraft and/or ground vehicle, as
required under § 139.329.

(8)

Airport condition.

Twelve consecu-

tive calendar months for records of air-
port condition information dissemina-
tion, as required under § 139.339.

(9)

Safety risk management documenta-

tion.

The longer of thirty-six consecu-

tive calendar months after the risk
analysis of identified hazards under
§ 139.402(b)(2) has been completed, or
twelve consecutive calendar months
after mitigations required under
§ 139.402(b)(2)(v) have been completed.

(10)

Safety communications.

Twelve

consecutive calendar months for safety
communications, as required under
§ 139.402(d).

tional records required by the Adminis-

trator, this part, and the Airport Cer-
tification Manual.

[Docket No. FAA–2000–7479, 69 FR 6424, Feb.
10, 2004, as amended by Docket No. FAA–
2010–0997;Amdt. No. 139–28, 88 FR 11672, Feb.
23, 2023]

§ 139.303 Personnel.

In a manner authorized by the Ad-

ministrator, each certificate holder
must—

(a) Provide sufficient and qualified

personnel to comply with the require-
ments of its Airport Certification Man-
ual and the requirements of this part.

(b) Equip personnel with sufficient

resources needed to comply with the
requirements of this part.

movement areas and safety areas and
perform duties in compliance with the
requirements of the Airport Certifi-
cation Manual and the requirements of
this part. This training must be com-
pleted prior to the initial performance
of such duties and at least once every
12 consecutive calendar months. The
curriculum for initial and recurrent
training must include at least the fol-
lowing areas:

(1) Airport familiarization, including

airport marking, lighting, and signs
system.

(2) Procedures for access to, and oper-

ation in, movement areas and safety
areas, as specified under § 139.329.

(3) Airport communications, includ-

ing radio communication between the
air traffic control tower and personnel,
use of the common traffic advisory fre-
quency if there is no air traffic control
tower or the tower is not in operation,
and procedures for reporting unsafe
airport conditions.

(4) Duties required under the Airport

Certification Manual and the require-
ments of this part.

(5) Any additional subject areas re-

quired under §§ 139.319, 139.321, 139.327,
139.329, 139.337, and 139.339, as appro-
priate.

(d) Make a record of all training com-

pleted after June 9, 2004 by each indi-
vidual in compliance with this section
that includes, at a minimum, a descrip-
tion and date of training received.
Such records must be maintained for 24
consecutive calendar months after
completion of training.

575

Federal Aviation Administration, DOT

§ 139.307

(e) As appropriate, comply with the

following training requirements of this
part:

(1) § 139.319, Aircraft rescue and fire-

fighting: Operational requirements;

(2) § 139.321, Handling and storage of

hazardous substances and materials;

(3) § 139.327, Self-inspection program;
(4) § 139.329, Pedestrians and Ground

Vehicles;

(5) § 139.337, Wildlife hazard manage-

ment;

(6) § 139.339, Airport condition report-

ing; and

(7) § 139.402, Components of airport

safety management system.

(f) Use an independent organization,

or designee, to comply with the re-
quirements of its Airport Certification
Manual and the requirements of this
part only if—

(1) Such an arrangement is author-

ized by the Administrator;

(2) A description of responsibilities

and duties that will be assumed by an
independent organization or designee is
specified in the Airport Certification
Manual; and

(3) The independent organization or

designee prepares records required
under this part in sufficient detail to
assure the certificate holder and the
Administrator of adequate compliance
with the Airport Certification Manual
and the requirements of this part.

[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004; Amdt. 139–26, 69 FR 31522, June 4, 2004,
as amended by Amdt. 139–27, 78 FR 3316, Jan.
16, 2013; Docket No. FAA–2010–0997;Amdt. No.
139–28, 88 FR 11672, Feb. 23, 2023]

§ 139.305 Paved areas.

(a) In a manner authorized by the Ad-

ministrator, each certificate holder
must maintain, and promptly repair
the pavement of, each runway, taxi-
way, loading ramp, and parking area
on the airport that is available for air
carrier use as follows:

(1) The pavement edges must not ex-

ceed 3 inches difference in elevation be-
tween abutting pavement sections and
between pavement and abutting areas.

(2) The pavement must have no hole

exceeding 3 inches in depth nor any
hole the slope of which from any point
in the hole to the nearest point at the
lip of the hole is 45 degrees or greater,
as measured from the pavement surface

plane, unless, in either case, the entire
area of the hole can be covered by a 5-
inch diameter circle.

(3) The pavement must be free of

cracks and surface variations that
could impair directional control of air
carrier aircraft, including any pave-
ment crack or surface deterioration
that produces loose aggregate or other
contaminants.

(4) Except as provided in paragraph

(b) of this section, mud, dirt, sand,
loose aggregate, debris, foreign objects,
rubber deposits, and other contami-
nants must be removed promptly and
as completely as practicable.

(5) Except as provided in paragraph

(b) of this section, any chemical sol-
vent that is used to clean any pave-
ment area must be removed as soon as
possible, consistent with the instruc-
tions of the manufacturer of the sol-
vent.

(6) The pavement must be suffi-

ciently drained and free of depressions
to prevent ponding that obscures
markings or impairs safe aircraft oper-
ations.

(b) Paragraphs (a)(4) and (a)(5) of this

section do not apply to snow and ice
accumulations and their control, in-
cluding the associated use of materials,
such as sand and deicing solutions.

methods and procedures for the main-
tenance and configuration of paved
areas that are acceptable to the Ad-
ministrator.

[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004; Amdt. 139–26, 69 FR 31522, June 4, 2004]

§ 139.307 Unpaved areas.

(a) In a manner authorized by the Ad-

ministrator, each certificate holder
must maintain and promptly repair the
surface of each gravel, turf, or other
unpaved runway, taxiway, or loading
ramp and parking area on the airport
that is available for air carrier use as
follows:

(1) No slope from the edge of the full-

strength surfaces downward to the ex-
isting terrain must be steeper than 2:1.

(2) The full-strength surfaces must

have adequate crown or grade to assure
sufficient drainage to prevent ponding.

(3) The full-strength surfaces must be

adequately compacted and sufficiently
stable to prevent rutting by aircraft or

576

14 CFR Ch. I (1–1–24 Edition)

§ 139.309

the loosening or build-up of surface
material, which could impair direc-
tional control of aircraft or drainage.

(4) The full-strength surfaces must

have no holes or depressions that ex-
ceed 3 inches in depth and are of a
breadth capable of impairing direc-
tional control or causing damage to an
aircraft.

(5) Debris and foreign objects must be

promptly removed from the surface.

(b) FAA Advisory Circulars contain

methods and procedures for the main-
tenance and configuration of unpaved
areas that are acceptable to the Ad-
ministrator.

§ 139.309 Safety areas.

(a) In a manner authorized by the Ad-

ministrator, each certificate holder
must provide and maintain, for each
runway and taxiway that is available
for air carrier use, a safety area of at
least the dimensions that—

(1) Existed on December 31, 1987, if

the runway or taxiway had a safety
area on December 31, 1987, and if no re-
construction or significant expansion
of the runway or taxiway was begun on
or after January 1, 1988; or

(2) Are authorized by the Adminis-

trator at the time the construction, re-
construction, or expansion began if
construction, reconstruction, or sig-
nificant expansion of the runway or
taxiway began on or after January 1,
1988.

(b) Each certificate holder must

maintain its safety areas as follows:

(1) Each safety area must be cleared

and graded and have no potentially
hazardous ruts, humps, depressions, or
other surface variations.

(2) Each safety area must be drained

by grading or storm sewers to prevent
water accumulation.

(3) Each safety area must be capable

under dry conditions of supporting
snow removal and aircraft rescue and
firefighting equipment and of sup-
porting the occasional passage of air-
craft without causing major damage to
the aircraft.

(4) No objects may be located in any

safety area, except for objects that
need to be located in a safety area be-
cause of their function. These objects
must be constructed, to the extent
practical, on frangibly mounted struc-

tures of the lowest practical height,
with the frangible point no higher than
3 inches above grade.

methods and procedures for the con-
figuration and maintenance of safety
areas acceptable to the Administrator.

§ 139.311 Marking, signs, and lighting.

(a)

Marking.

Each certificate holder

must provide and maintain marking
systems for air carrier operations on
the airport that are authorized by the
Administrator and consist of at least
the following:

(1) Runway markings meeting the

specifications for takeoff and landing
minimums for each runway.

(2) A taxiway centerline.
(3) Taxiway edge markings, as appro-

priate.

(4) Holding position markings.
(5) Instrument landing system (ILS)

critical area markings.

(b)

Signs.

(1) Each certificate holder

must provide and maintain sign sys-
tems for air carrier operations on the
airport that are authorized by the Ad-
ministrator and consist of at least the
following:

(i) Signs identifying taxiing routes

on the movement area.

(ii) Holding position signs.
(iii) Instrument landing system (ILS)

critical area signs.

(2) Unless otherwise authorized by

the Administrator, the signs required
by paragraph (b)(1) of this section must
be internally illuminated at each Class
I, II, and IV airport.

(3) Unless otherwise authorized by

the Administrator, the signs required
by paragraphs (b)(1)(ii) and (b)(1)(iii) of
this section must be internally illumi-
nated at each Class III airport.

(c)

Lighting.

Each certificate holder

must provide and maintain lighting
systems for air carrier operations when
the airport is open at night, during
conditions below visual flight rules
(VFR) minimums, or in Alaska, during
periods in which a prominent unlighted
object cannot be seen from a distance
of 3 statute miles or the sun is more
than six degrees below the horizon.
These lighting systems must be au-
thorized by the Administrator and con-
sist of at least the following:

577

Federal Aviation Administration, DOT

§ 139.315

(1) Runway lighting that meets the

specifications for takeoff and landing
minimums, as authorized by the Ad-
ministrator, for each runway.

(2) One of the following taxiway

lighting systems:

(i) Centerline lights.
(ii) Centerline reflectors.
(iii) Edge lights.
(iv) Edge reflectors.
(3) An airport beacon.
(4) Approach lighting that meets the

specifications for takeoff and landing
minimums, as authorized by the Ad-
ministrator, for each runway, unless
provided and/or maintained by an enti-
ty other than the certificate holder.

(5) Obstruction marking and lighting,

as appropriate, on each object within
its authority that has been determined
by the FAA to be an obstruction.

(d)

Maintenance.

Each certificate

holder must properly maintain each
marking, sign, or lighting system in-
stalled and operated on the airport. As
used in this section, to ‘‘properly main-
tain’’ includes cleaning, replacing, or
repairing any faded, missing, or non-
functional item; keeping each item
unobscured and clearly visible; and en-
suring that each item provides an accu-
rate reference to the user.

(e)

Lighting interference.

Each certifi-

cate holder must ensure that all light-
ing on the airport, including that for
aprons, vehicle parking areas, road-
ways, fuel storage areas, and buildings,
is adequately adjusted or shielded to
prevent interference with air traffic
control and aircraft operations.

(f)

Standards.

FAA Advisory Circulars

contain methods and procedures for the
equipment, material, installation, and
maintenance of marking, sign, and
lighting systems listed in this section
that are acceptable to the Adminis-
trator.

(g)

Implementation.

The sign systems

required under paragraph (b)(3) of this
section must be implemented by each
holder of a Class III Airport Operating
Certificate not later than 36 consecu-
tive calendar months after June 9, 2004.

§ 139.313 Snow and ice control.

(a) As determined by the Adminis-

trator, each certificate holder whose
airport is located where snow and icing
conditions occur must prepare, main-

tain, and carry out a snow and ice con-
trol plan in a manner authorized by the
Administrator.

(b) The snow and ice control plan re-

quired by this section must include, at
a minimum, instructions and proce-
dures for—

(1) Prompt removal or control, as

completely as practical, of snow, ice,
and slush on each movement area;

(2) Positioning snow off the move-

ment area surfaces so all air carrier
aircraft propellers, engine pods, rotors,
and wing tips will clear any snowdrift
and snowbank as the aircraft’s landing
gear traverses any portion of the move-
ment area;

(3) Selection and application of au-

thorized materials for snow and ice
control to ensure that they adhere to
snow and ice sufficiently to minimize
engine ingestion;

(4) Timely commencement of snow

and ice control operations; and

(5) Prompt notification, in accord-

ance with § 139.339, of all air carriers
using the airport when any portion of
the movement area normally available
to them is less than satisfactorily
cleared for safe operation by their air-
craft.

methods and procedures for snow and
ice control equipment, materials, and
removal that are acceptable to the Ad-
ministrator.

§ 139.315 Aircraft rescue and fire-

fighting: Index determination.

(a) An index is required by paragraph

(1) The length of air carrier aircraft

and

(2) Average daily departures of air

carrier aircraft.

(b) For the purpose of Index deter-

mination, air carrier aircraft lengths
are grouped as follows:

(1) Index A includes aircraft less than

90 feet in length.

(2) Index B includes aircraft at least

90 feet but less than 126 feet in length.

(3) Index C includes aircraft at least

126 feet but less than 159 feet in length.

(4) Index D includes aircraft at least

159 feet but less than 200 feet in length.

578

14 CFR Ch. I (1–1–24 Edition)

§ 139.317

(5) Index E includes aircraft at least

200 feet in length.

if there are five or more average daily
departures of air carrier aircraft in a
single Index group serving that airport,
the longest aircraft with an average of
five or more daily departures deter-
mines the Index required for the air-
port. When there are fewer than five
average daily departures of the longest
air carrier aircraft serving the airport,
the Index required for the airport will
be the next lower Index group than the
Index group prescribed for the longest
aircraft.

(d) The minimum designated index

shall be Index A.

(e) A holder of a Class III Airport Op-

erating Certificate may comply with
this section by providing a level of
safety comparable to Index A that is
approved by the Administrator. Such
alternate compliance must be de-
scribed in the ACM and must include:

(1) Pre-arranged firefighting and

emergency medical response proce-
dures, including agreements with re-
sponding services.

(2) Means for alerting firefighting

and emergency medical response per-
sonnel.

(3) Type of rescue and firefighting

equipment to be provided.

(4) Training of responding fire-

fighting and emergency medical per-
sonnel on airport familiarization and
communications.

[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004; Amdt. 139–26, 69 FR 31522, June 4, 2004]

§ 139.317 Aircraft rescue and fire-

fighting: Equipment and agents.

Unless otherwise authorized by the

Administrator, the following rescue
and firefighting equipment and agents
are the minimum required for the In-
dexes referred to in § 139.315:

(a)

Index A.

One vehicle carrying at

least—

(1) 500 pounds of sodium-based dry

chemical, halon 1211, or clean agent; or

(2) 450 pounds of potassium-based dry

chemical and water with a commensu-
rate quantity of AFFF to total 100 gal-
lons for simultaneous dry chemical and
AFFF application.

(b)

Index B.

Either of the following:

(1) One vehicle carrying at least 500

pounds of sodium-based dry chemical,
halon 1211, or clean agent and 1,500 gal-
lons of water and the commensurate
quantity of AFFF for foam production.

(2) Two vehicles—
(i) One vehicle carrying the extin-

guishing agents as specified in para-
graphs (a)(1) or (a)(2) of this section;
and

(ii) One vehicle carrying an amount

of water and the commensurate quan-
tity of AFFF so the total quantity of
water for foam production carried by
both vehicles is at least 1,500 gallons.

(c)

Index C.

Either of the following:

(1) Three vehicles—
(i) One vehicle carrying the extin-

guishing agents as specified in para-
graph (a)(1) or (a)(2) of this section; and

(ii) Two vehicles carrying an amount

of water and the commensurate quan-
tity of AFFF so the total quantity of
water for foam production carried by
all three vehicles is at least 3,000 gal-
lons.

(2) Two vehicles—
(i) One vehicle carrying the extin-

guishing agents as specified in para-
graph (b)(1) of this section; and

(ii) One vehicle carrying water and

the commensurate quantity of AFFF
so the total quantity of water for foam
production carried by both vehicles is
at least 3,000 gallons.

(d)

Index D.

Three vehicles—

(1) One vehicle carrying the extin-

guishing agents as specified in para-
graphs (a)(1) or (a)(2) of this section;
and

(2) Two vehicles carrying an amount

of water and the commensurate quan-
tity of AFFF so the total quantity of
water for foam production carried by
all three vehicles is at least 4,000 gal-
lons.

(e)

Index E.

Three vehicles—

(1) One vehicle carrying the extin-

guishing agents as specified in para-
graphs (a)(1) or (a)(2) of this section;
and

(2) Two vehicles carrying an amount

of water and the commensurate quan-
tity of AFFF so the total quantity of
water for foam production carried by
all three vehicles is at least 6,000 gal-
lons.

(f)

Foam discharge capacity.

Each air-

craft rescue and firefighting vehicle

579

Federal Aviation Administration, DOT

§ 139.319

used to comply with Index B, C, D, or
E requirements with a capacity of at
least 500 gallons of water for foam pro-
duction must be equipped with a tur-
ret. Vehicle turret discharge capacity
must be as follows:

(1) Each vehicle with a minimum-

rated vehicle water tank capacity of at
least 500 gallons, but less than 2,000
gallons, must have a turret discharge
rate of at least 500 gallons per minute,
but not more than 1,000 gallons per
minute.

(2) Each vehicle with a minimum-

rated vehicle water tank capacity of at
least 2,000 gallons must have a turret
discharge rate of at least 600 gallons
per minute, but not more than 1,200
gallons per minute.

(g)

Agent discharge capacity.

Each air-

craft rescue and firefighting vehicle
that is required to carry dry chemical,
halon 1211, or clean agent for compli-
ance with the Index requirements of
this section must meet one of the fol-
lowing minimum discharge rates for
the equipment installed:

(1) Dry chemical, halon 1211, or clean

agent through a hand line—5 pounds
per second.

(2) Dry chemical, halon 1211, or clean

agent through a turret—16 pounds per
second.

(h)

Extinguishing agent substitutions.

Other extinguishing agent substi-
tutions authorized by the Adminis-
trator may be made in amounts that
provide equivalent firefighting capa-
bility.

(i)

AFFF quantity requirements.

In ad-

dition to the quantity of water re-
quired, each vehicle required to carry
AFFF must carry AFFF in an appro-
priate amount to mix with twice the
water required to be carried by the ve-
hicle.

(j)

Methods and procedures.

FAA Advi-

sory Circulars contain methods and
procedures for ARFF equipment and
extinguishing agents that are accept-
able to the Administrator.

(k)

Implementation.

Each holder of a

Class II, III, or IV Airport Operating
Certificate must implement the re-
quirements of this section no later
than 36 consecutive calendar months
after June 9, 2004.

[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004; Amdt. 139–26, 69 FR 31523, June 4, 2004]

§ 139.319 Aircraft rescue and fire-

fighting: Operational requirements.

(a)

Rescue and firefighting capability.

Except as provided in paragraph (c) of
this section, each certificate holder
must provide on the airport, during air
carrier operations at the airport, at
least the rescue and firefighting capa-
bility specified for the Index required
by § 139.317 in a manner authorized by
the Administrator.

(b)

Increase in Index.

Except as pro-

vided in paragraph (c) of this section, if
an increase in the average daily depar-
tures or the length of air carrier air-
craft results in an increase in the Index
required by paragraph (a) of this sec-
tion, the certificate holder must com-
ply with the increased requirements.

(c)

Reduction in rescue and firefighting.

During air carrier operations with only
aircraft shorter than the Index aircraft
group required by paragraph (a) of this
section, the certificate holder may re-
duce the rescue and firefighting to a
lower level corresponding to the Index
group of the longest air carrier aircraft
being operated.

(d)

Procedures for reduction in capa-

bility.

Any reduction in the rescue and

firefighting capability from the Index
required by paragraph (a) of this sec-
tion, in accordance with paragraph (c)
of this section, must be subject to the
following conditions:

(1) Procedures for, and the persons

having the authority to implement, the
reductions must be included in the Air-
port Certification Manual.

(2) A system and procedures for recall

of the full aircraft rescue and fire-
fighting capability must be included in
the Airport Certification Manual.

(3) The reductions may not be imple-

mented unless notification to air car-
riers is provided in the Airport/Facility
Directory or Notices to Airmen
(NOTAM), as appropriate, and by direct
notification of local air carriers.

(e)

Vehicle communications.

Each vehi-

cle required under § 139.317 must be
equipped with two-way voice radio
communications that provide for con-
tact with at least—

(1) All other required emergency ve-

hicles;

(2) The air traffic control tower;
(3) The common traffic advisory fre-

quency when an air traffic control

580

14 CFR Ch. I (1–1–24 Edition)

§ 139.319

tower is not in operation or there is no
air traffic control tower, and

(4) Fire stations, as specified in the

airport emergency plan.

(f)

Vehicle marking and lighting.

Each

vehicle required under § 139.317 must—

(1) Have a flashing or rotating beacon

and

(2) Be painted or marked in colors to

enhance contrast with the background
environment and optimize daytime and
nighttime visibility and identification.

(g)

Vehicle readiness.

Each vehicle re-

quired under § 139.317 must be main-
tained as follows:

(1) The vehicle and its systems must

be maintained so as to be operationally
capable of performing the functions re-
quired by this subpart during all air
carrier operations.

(2) If the airport is located in a geo-

graphical area subject to prolonged
temperatures below 33 degrees Fahr-
enheit, the vehicles must be provided
with cover or other means to ensure
equipment operation and discharge
under freezing conditions.

(3) Any required vehicle that becomes

inoperative to the extent that it can-
not perform as required by paragraph
(g)(1) of this section must be replaced
immediately with equipment having at
least equal capabilities. If replacement
equipment is not available imme-
diately, the certificate holder must so
notify the Regional Airports Division
Manager and each air carrier using the
airport in accordance with § 139.339. If
the required Index level of capability is
not restored within 48 hours, the air-
port operator, unless otherwise author-
ized by the Administrator, must limit
air carrier operations on the airport to
those compatible with the Index cor-
responding to the remaining operative
rescue and firefighting equipment.

(h)

Response requirements.

(1) With the

aircraft rescue and firefighting equip-
ment required under this part and the
number of trained personnel that will
assure an effective operation, each cer-
tificate holder must—

(i) Respond to each emergency during

periods of air carrier operations; and

(ii) When requested by the Adminis-

trator, demonstrate compliance with
the response requirements specified in
this section.

(2) The response required by para-

graph (h)(1)(ii) of this section must
achieve the following performance cri-
teria:

(i) Within 3 minutes from the time of

the alarm, at least one required air-
craft rescue and firefighting vehicle
must reach the midpoint of the far-
thest runway serving air carrier air-
craft from its assigned post or reach
any other specified point of comparable
distance on the movement area that is
available to air carriers, and begin ap-
plication of extinguishing agent.

(ii) Within 4 minutes from the time

of alarm, all other required vehicles
must reach the point specified in para-
graph (h)(2)(i) of this section from their
assigned posts and begin application of
an extinguishing agent.

(i)

Personnel.

Each certificate holder

must ensure the following:

(1) All rescue and firefighting per-

sonnel are equipped in a manner au-
thorized by the Administrator with
protective clothing and equipment
needed to perform their duties.

(2) All rescue and firefighting per-

sonnel are properly trained to perform
their duties in a manner authorized by
the Administrator. Such personnel
must be trained prior to initial per-
formance of rescue and firefighting du-
ties and receive recurrent instruction
every 12 consecutive calendar months.
The curriculum for initial and recur-
rent training must include at least the
following areas:

(i) Airport familiarization, including

airport signs, marking, and lighting.

(ii) Aircraft familiarization.
(iii) Rescue and firefighting per-

sonnel safety.

(iv) Emergency communications sys-

tems on the airport, including fire
alarms.

(v) Use of the fire hoses, nozzles, tur-

rets, and other appliances required for
compliance with this part.

(vi) Application of the types of extin-

guishing agents required for compli-
ance with this part.

(vii) Emergency aircraft evacuation

assistance.

(viii) Firefighting operations.
(ix) Adapting and using structural

rescue and firefighting equipment for
aircraft rescue and firefighting.

581

Federal Aviation Administration, DOT

§ 139.321

(x) Aircraft cargo hazards, including

hazardous materials/dangerous goods
incidents.

(xi) Familiarization with firefighters’

duties under the airport emergency
plan.

(3) All rescue and firefighting per-

sonnel must participate in at least one
live-fire drill prior to initial perform-
ance of rescue and firefighting duties
and every 12 consecutive calendar
months thereafter.

(4) At least one individual, who has

been trained and is current in basic
emergency medical services, is avail-
able during air carrier operations. This
individual must be trained prior to ini-
tial performance of emergency medical
services. Training must be at a min-
imum 40 hours in length and cover the
following topics:

(i) Bleeding.
(ii) Cardiopulmonary resuscitation.
(iii) Shock.
(iv) Primary patient survey.
(v) Injuries to the skull, spine, chest,

and extremities.

(vi) Internal injuries.
(vii) Moving patients.
(viii) Burns.
(ix) Triage.
(5) A record is maintained of all

training given to each individual under
this section for 24 consecutive calendar
months after completion of training.
Such records must include, at a min-
imum, a description and date of train-
ing received.

(6) Sufficient rescue and firefighting

personnel are available during all air
carrier operations to operate the vehi-
cles, meet the response times, and
meet the minimum agent discharge
rates required by this part.

(7) Procedures and equipment are es-

tablished and maintained for alerting
rescue and firefighting personnel by
siren, alarm, or other means author-
ized by the Administrator to any exist-
ing or impending emergency requiring
their assistance.

(j)

Hazardous materials guidance.

Each

aircraft rescue and firefighting vehicle
responding to an emergency on the air-
port must be equipped with, or have
available through a direct communica-
tions link, the ‘‘North American Emer-
gency Response Guidebook’’ published
by the U.S. Department of Transpor-

tation or similar response guidance to
hazardous materials/dangerous goods
incidents. Information on obtaining
the ‘‘North American Emergency Re-
sponse Guidebook’’ is available from
the Regional Airports Division Man-
ager.

(k)

Emergency access roads.

Each cer-

tificate holder must ensure that roads
designated for use as emergency access
roads for aircraft rescue and fire-
fighting vehicles are maintained in a
condition that will support those vehi-
cles during all-weather conditions.

(l)

Methods and procedures.

FAA Advi-

sory Circulars contain methods and
procedures for aircraft rescue and fire-
fighting and emergency medical equip-
ment and training that are acceptable
to the Administrator.

(m)

Implementation.

Each holder of a

Class II, III, or IV Airport Operating
Certificate must implement the re-
quirements of this section no later
than 36 consecutive calendar months
after June 9, 2004.

[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004; Amdt. 139–26, 69 FR 31523, June 4, 2004]

§ 139.321 Handling and storing of haz-

ardous substances and materials.

(a) Each certificate holder who acts

as a cargo handling agent must estab-
lish and maintain procedures for the
protection of persons and property on
the airport during the handling and
storing of any material regulated by
the Hazardous Materials Regulations
(49 CFR 171 through 180) that is, or is
intended to be, transported by air.
These procedures must provide for at
least the following:

(1) Designated personnel to receive

and handle hazardous substances and
materials.

(2) Assurance from the shipper that

the cargo can be handled safely, includ-
ing any special handling procedures re-
quired for safety.

(3) Special areas for storage of haz-

ardous materials while on the airport.

(b) Each certificate holder must es-

tablish and maintain standards author-
ized by the Administrator for pro-
tecting against fire and explosions in
storing, dispensing, and otherwise han-
dling fuel (other than articles and ma-
terials that are, or are intended to be,
aircraft cargo) on the airport. These

582

14 CFR Ch. I (1–1–24 Edition)

§ 139.323

standards must cover facilities, proce-
dures, and personnel training and must
address at least the following:

(1) Bonding.
(2) Public protection.
(3) Control of access to storage areas.
(4) Fire safety in fuel farm and stor-

age areas.

(5) Fire safety in mobile fuelers, fuel-

ing pits, and fueling cabinets.

(6) Training of fueling personnel in

fire safety in accordance with para-
graph (e) of this section. Such training
at Class III airports must be completed
within 12 consecutive calendar months
after June 9, 2004.

(7) The fire code of the public body

having jurisdiction over the airport.

fueling agent, comply with, and require
all other fueling agents operating on
the airport to comply with, the stand-
ards established under paragraph (b) of
this section and must perform reason-
able surveillance of all fueling activi-
ties on the airport with respect to
those standards.

(d) Each certificate holder must in-

spect the physical facilities of each air-
port tenant fueling agent at least once
every 3 consecutive months for compli-
ance with paragraph (b) of this section
and maintain a record of that inspec-
tion for at least 12 consecutive cal-
endar months.

(e) The training required in para-

graph (b)(6) of this section must in-
clude at least the following:

(1) At least one supervisor with each

fueling agent must have completed an
aviation fuel training course in fire
safety that is authorized by the Admin-
istrator. Such an individual must be
trained prior to initial performance of
duties, or enrolled in an authorized
aviation fuel training course that will
be completed within 90 days of initi-
ating duties, and receive recurrent in-
struction at least every 24 consecutive
calendar months.

(2) All other employees who fuel air-

craft, accept fuel shipments, or other-
wise handle fuel must receive at least
initial on-the-job training and recur-
rent instruction every 24 consecutive
calendar months in fire safety from the
supervisor trained in accordance with
paragraph (e)(1) of this section.

(f) Each certificate holder must ob-

tain a written confirmation once every
12 consecutive calendar months from
each airport tenant fueling agent that
the training required by paragraph (e)
of this section has been accomplished.
This written confirmation must be
maintained for 12 consecutive calendar
months.

(g) Unless otherwise authorized by

the Administrator, each certificate
holder must require each tenant fuel-
ing agent to take immediate corrective
action whenever the certificate holder
becomes aware of noncompliance with
a standard required by paragraph (b) of
this section. The certificate holder
must notify the appropriate FAA Re-
gional Airports Division Manager im-
mediately when noncompliance is dis-
covered and corrective action cannot
be accomplished within a reasonable
period of time.

(h) FAA Advisory Circulars contain

methods and procedures for the han-
dling and storage of hazardous sub-
stances and materials that are accept-
able to the Administrator.

§ 139.323 Traffic and wind direction

indicators.

In a manner authorized by the Ad-

ministrator, each certificate holder
must provide and maintain the fol-
lowing on its airport:

(a) A wind cone that visually pro-

vides surface wind direction informa-
tion to pilots. For each runway avail-
able for air carrier use, a supplemental
wind cone must be installed at the end
of the runway or at least at one point
visible to the pilot while on final ap-
proach and prior to takeoff. If the air-
port is open for air carrier operations
at night, the wind direction indicators,
including the required supplemental
indicators, must be lighted.

(b) For airports serving any air car-

rier operation when there is no control
tower operating, a segmented circle, a
landing strip indicator and a traffic
pattern indicator must be installed
around a wind cone for each runway
with a right-hand traffic pattern.

methods and procedures for the instal-
lation, lighting, and maintenance of
traffic and wind indicators that are ac-
ceptable to the Administrator.

583

Federal Aviation Administration, DOT

§ 139.325

§ 139.325 Airport emergency plan.

(a) In a manner authorized by the Ad-

ministrator, each certificate holder
must develop and maintain an airport
emergency plan designed to minimize
the possibility and extent of personal
injury and property damage on the air-
port in an emergency. The plan must—

(1) Include procedures for prompt re-

sponse to all emergencies listed in
paragraph (b) of this section, including
a communications network;

(2) Contain sufficient detail to pro-

vide adequate guidance to each person
who must implement these procedures;
and

(3) To the extent practicable, provide

for an emergency response for the larg-
est air carrier aircraft in the Index
group required under § 139.315.

(b) The plan required by this section

must contain instructions for response
to—

(1) Aircraft incidents and accidents;
(2) Bomb incidents, including des-

ignation of parking areas for the air-
craft involved;

(3) Structural fires;
(4) Fires at fuel farms or fuel storage

areas;

(5) Natural disaster;
(6) Hazardous materials/dangerous

goods incidents;

(7) Sabotage, hijack incidents, and

other unlawful interference with oper-
ations;

(8) Failure of power for movement

area lighting; and

(9) Water rescue situations, as appro-

priate.

must address or include—

(1) To the extent practicable, provi-

sions for medical services, including
transportation and medical assistance
for the maximum number of persons
that can be carried on the largest air
carrier aircraft that the airport reason-
ably can be expected to serve;

(2) The name, location, telephone

number, and emergency capability of
each hospital and other medical facil-
ity and the business address and tele-
phone number of medical personnel on
the airport or in the communities it
serves who have agreed to provide med-
ical assistance or transportation;

(3) The name, location, and telephone

number of each rescue squad, ambu-

lance service, military installation,
and government agency on the airport
or in the communities it serves that
agrees to provide medical assistance or
transportation;

(4) An inventory of surface vehicles

and aircraft that the facilities, agen-
cies, and personnel included in the plan
under paragraphs (c)(2) and (3) of this
section will provide to transport in-
jured and deceased persons to locations
on the airport and in the communities
it serves;

(5) A list of each hangar or other

building on the airport or in the com-
munities it serves that will be used to
accommodate uninjured, injured, and
deceased persons;

(6) Plans for crowd control, including

the name and location of each safety or
security agency that agrees to provide
assistance for the control of crowds in
the event of an emergency on the air-
port; and

(7) Procedures for removing disabled

aircraft, including, to the extent prac-
tical, the name, location, and tele-
phone numbers of agencies with air-
craft removal responsibilities or capa-
bilities.

(d) The plan required by this section

must provide for—

(1) The marshalling, transportation,

and care of ambulatory injured and
uninjured accident survivors;

(2) The removal of disabled aircraft;
(3) Emergency alarm or notification

systems; and

(4) Coordination of airport and con-

trol tower functions relating to emer-
gency actions, as appropriate.

(e) The plan required by this section

must contain procedures for notifying
the facilities, agencies, and personnel
who have responsibilities under the
plan of the location of an aircraft acci-
dent, the number of persons involved in
that accident, or any other informa-
tion necessary to carry out their re-
sponsibilities, as soon as that informa-
tion becomes available.

(f) The plan required by this section

must contain provisions, to the extent
practicable, for the rescue of aircraft
accident victims from significant bod-
ies of water or marsh lands adjacent to
the airport that are crossed by the ap-
proach and departure flight paths of air
carriers. A body of water or marshland

584

14 CFR Ch. I (1–1–24 Edition)

§ 139.327

is significant if the area exceeds one-
quarter square mile and cannot be tra-
versed by conventional land rescue ve-
hicles. To the extent practicable, the
plan must provide for rescue vehicles
with a combined capacity for handling
the maximum number of persons that
can be carried on board the largest air
carrier aircraft in the Index group re-
quired under § 139.315.

(g) Each certificate holder must—
(1) Coordinate the plan with law en-

forcement agencies, rescue and fire-
fighting agencies, medical personnel
and organizations, the principal ten-
ants at the airport, and all other per-
sons who have responsibilities under
the plan;

(2) To the extent practicable, provide

for participation by all facilities, agen-
cies, and personnel specified in para-
graph (g)(1) of this section in the devel-
opment of the plan;

(3) Ensure that all airport personnel

having duties and responsibilities
under the plan are familiar with their
assignments and are properly trained;
and

(4) At least once every 12 consecutive

calendar months, review the plan with
all of the parties with whom the plan is
coordinated, as specified in paragraph
(g)(1) of this section, to ensure that all
parties know their responsibilities and
that all of the information in the plan
is current.

(h) Each holder of a Class I Airport

Operating Certificate must hold a full-
scale airport emergency plan exercise
at least once every 36 consecutive cal-
endar months.

(i) Each airport subject to applicable

FAA and Transportation Security Ad-
ministration security regulations must
ensure that instructions for response
to paragraphs (b)(2) and (b)(7) of this
section in the airport emergency plan
are consistent with its approved air-
port security program.

(j) FAA Advisory Circulars contain

methods and procedures for the devel-
opment of an airport emergency plan
that are acceptable to the Adminis-
trator.

(k) The emergency plan required by

this section must be submitted by each
holder of a Class II, III, or IV Airport
Operating Certificate no later than 24

consecutive calendar months after
June 9, 2004.

§ 139.327 Self-inspection program.

(a) In a manner authorized by the Ad-

ministrator, each certificate holder
must inspect the airport to assure com-
pliance with this subpart according to
the following schedule:

(1) Daily, except as otherwise re-

quired by the Airport Certification
Manual;

(2) When required by any unusual

condition, such as construction activi-
ties or meteorological conditions, that
may affect safe air carrier operations;
and

(3) Immediately after an accident or

incident.

(b) Each certificate holder must pro-

vide the following:

(1) Equipment for use in conducting

safety inspections of the airport;

(2) Procedures, facilities, and equip-

ment for reliable and rapid dissemina-
tion of information between the certifi-
cate holder’s personnel and air car-
riers; and

(3) Procedures to ensure qualified

personnel perform the inspections.
Such procedures must ensure personnel
are trained, as specified under § 139.303,
and receive initial and recurrent in-
struction every 12 consecutive calendar
months in at least the following areas:

(i) Airport familiarization, including

airport signs, marking and lighting.

(ii) Airport emergency plan.
(iii) Notice to Airmen (NOTAM) noti-

fication procedures.

(iv) Procedures for pedestrians and

ground vehicles in movement areas and
safety areas.

(v) Discrepancy reporting procedures;

and

(4) A reporting system to ensure

prompt correction of unsafe airport
conditions noted during the inspection,
including wildlife strikes.

12 consecutive calendar months, a
record of each inspection prescribed by
this section, showing the conditions
found and all corrective actions taken.

(2) Prepare records of all training

given after June 9, 2004 to each indi-
vidual in compliance with this section

585

Federal Aviation Administration, DOT

§ 139.333

that includes, at a minimum, a descrip-
tion and date of training received.
Such records must be maintained for 24
consecutive calendar months after
completion of training.

(d) FAA Advisory Circulars contain

methods and procedures for the con-
duct of airport self-inspections that are
acceptable to the Administrator.

§ 139.329 Pedestrians and ground vehi-

cles.

In a manner authorized by the Ad-

ministrator, each certificate holder
must—

(a) Limit access to movement areas

and safety areas only to those pedes-
trians and ground vehicles necessary
for airport operations;

(b) Establish and implement proce-

dures for the safe and orderly access to
and operation in movement areas and
safety areas by pedestrians and ground
vehicles, including provisions identi-
fying the consequences of noncompli-
ance with the procedures by all per-
sons;

is in operation, ensure that each pedes-
trian and ground vehicle in movement
areas or safety areas is controlled by
one of the following:

(1) Two-way radio communications

between each pedestrian or vehicle and
the tower;

(2) An escort with two-way radio

communications with the tower accom-
panying any pedestrian or vehicle
without a radio; or

(3) Measures authorized by the Ad-

ministrator for controlling pedestrians
and vehicles, such as signs, signals, or
guards, when it is not operationally
practical to have two-way radio com-
munications between the tower and the
pedestrian, vehicle, or escort;

(d) When an air traffic control tower

is not in operation, or there is no air
traffic control tower, provide adequate
procedures to control pedestrians and
ground vehicles in movement areas or
safety areas through two-way radio
communications or prearranged signs
or signals;

(e) Ensure that all persons are

trained on procedures required under
paragraph (b) of this section prior to
the initial performance of such duties
and at least once every 12 consecutive

calendar months, including con-
sequences of noncompliance, prior to
moving on foot, or operating a ground
vehicle, in movement areas or safety
areas; and

(f) Maintain the following records:
(1) A description and date of training

completed after June 9, 2004 by each in-
dividual in compliance with this sec-
tion. A record for each individual must
be maintained for 24 consecutive
months after the termination of an in-
dividual’s access to movement areas
and safety areas.

(2) A description and date of any ac-

cidents or incidents in the movement
areas and safety areas involving air
carrier aircraft, a ground vehicle or a
pedestrian. Records of each accident or
incident occurring after the June 9,
2004 must be maintained for 12 consecu-
tive calendar months from the date of
the accident or incident.

[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004, as amended by Amdt. 139–27, 78 FR 3316,
Jan. 16, 2013]

§ 139.331 Obstructions.

In a manner authorized by the Ad-

ministrator, each certificate holder
must ensure that each object in each
area within its authority that has been
determined by the FAA to be an ob-
struction is removed, marked, or light-
ed, unless determined to be unneces-
sary by an FAA aeronautical study.
FAA Advisory Circulars contain meth-
ods and procedures for the lighting of
obstructions that are acceptable to the
Administrator.

§ 139.333 Protection of NAVAIDS.

In a manner authorized by the Ad-

ministrator, each certificate holder
must—

(a) Prevent the construction of facili-

ties on its airport that, as determined
by the Administrator, would derogate
the operation of an electronic or visual
NAVAID and air traffic control facili-
ties on the airport;

(b) Protect—or if the owner is other

than the certificate holder, assist in
protecting—all NAVAIDS on its air-
port against vandalism and theft; and

airport’s authority, interruption of vis-
ual and electronic signals of NAVAIDS.

586

14 CFR Ch. I (1–1–24 Edition)

§ 139.335

§ 139.335 Public protection.

(a) In a manner authorized by the Ad-

ministrator, each certificate holder
must provide—

(1) Safeguards to prevent inadvertent

entry to the movement area by unau-
thorized persons or vehicles; and

(2) Reasonable protection of persons

and property from aircraft blast.

(b) Fencing that meets the require-

ments of applicable FAA and Transpor-
tation Security Administration secu-
rity regulations in areas subject to
these regulations is acceptable for
meeting the requirements of paragraph
(a)(l) of this section.

§ 139.337 Wildlife hazard management.

(a) In accordance with its Airport

Certification Manual and the require-
ments of this section, each certificate
holder must take immediate action to
alleviate wildlife hazards whenever
they are detected.

(b) In a manner authorized by the Ad-

ministrator, each certificate holder
must ensure that a wildlife hazard as-
sessment is conducted when any of the
following events occurs on or near the
airport:

(1) An air carrier aircraft experiences

multiple wildlife strikes;

(2) An air carrier aircraft experiences

substantial damage from striking wild-
life. As used in this paragraph, sub-
stantial damage means damage or
structural failure incurred by an air-
craft that adversely affects the struc-
tural strength, performance, or flight
characteristics of the aircraft and that
would normally require major repair or
replacement of the affected component;

(3) An air carrier aircraft experiences

an engine ingestion of wildlife; or

(4) Wildlife of a size, or in numbers,

capable of causing an event described
in paragraphs (b)(1), (b)(2), or (b)(3) of
this section is observed to have access
to any airport flight pattern or aircraft
movement area.

quired in paragraph (b) of this section
must be conducted by a wildlife dam-
age management biologist who has pro-
fessional training and/or experience in
wildlife hazard management at airports
or an individual working under direct
supervision of such an individual. The

wildlife hazard assessment must con-
tain at least the following:

(1) An analysis of the events or cir-

cumstances that prompted the assess-
ment.

(2) Identification of the wildlife spe-

cies observed and their numbers, loca-
tions, local movements, and daily and
seasonal occurrences.

(3) Identification and location of fea-

tures on and near the airport that at-
tract wildlife.

(4) A description of wildlife hazards

to air carrier operations.

(5) Recommended actions for reduc-

ing identified wildlife hazards to air
carrier operations.

(d) The wildlife hazard assessment re-

quired under paragraph (b) of this sec-
tion must be submitted to the Admin-
istrator for approval and determina-
tion of the need for a wildlife hazard
management plan. In reaching this de-
termination, the Administrator will
consider—

(1) The wildlife hazard assessment;
(2) Actions recommended in the wild-

life hazard assessment to reduce wild-
life hazards;

(3) The aeronautical activity at the

airport, including the frequency and
size of air carrier aircraft;

(4) The views of the certificate hold-

er;

(5) The views of the airport users; and
(6) Any other known factors relating

to the wildlife hazard of which the Ad-
ministrator is aware.

(e) When the Administrator deter-

mines that a wildlife hazard manage-
ment plan is needed, the certificate
holder must formulate and implement
a plan using the wildlife hazard assess-
ment as a basis. The plan must—

(1) Provide measures to alleviate or

eliminate wildlife hazards to air car-
rier operations;

(2) Be submitted to, and approved by,

the Administrator prior to implemen-
tation; and

(3) As authorized by the Adminis-

trator, become a part of the Airport
Certification Manual.

(f) The plan must include at least the

following:

(1) A list of the individuals having

authority and responsibility for imple-
menting each aspect of the plan.

587

Federal Aviation Administration, DOT

§ 139.341

(2) A list prioritizing the following

actions identified in the wildlife hazard
assessment and target dates for their
initiation and completion:

(i) Wildlife population management;
(ii) Habitat modification; and
(iii) Land use changes.
(3) Requirements for and, where ap-

plicable, copies of local, State, and
Federal wildlife control permits.

(4) Identification of resources that

the certificate holder will provide to
implement the plan.

(5) Procedures to be followed during

air carrier operations that at a min-
imum includes—

(i) Designation of personnel respon-

sible for implementing the procedures;

(ii) Provisions to conduct physical in-

spections of the aircraft movement
areas and other areas critical to suc-
cessfully manage known wildlife haz-
ards before air carrier operations
begin;

(iii) Wildlife hazard control meas-

ures; and

(iv) Ways to communicate effectively

between personnel conducting wildlife
control or observing wildlife hazards
and the air traffic control tower.

(6) Procedures to review and evaluate

the wildlife hazard management plan
every 12 consecutive months or fol-
lowing an event described in para-
graphs (b)(1), (b)(2), and (b)(3) of this
section, including:

(i) The plan’s effectiveness in dealing

with known wildlife hazards on and in
the airport’s vicinity and

(ii) Aspects of the wildlife hazards de-

scribed in the wildlife hazard assess-
ment that should be reevaluated.

(7) A training program conducted by

a qualified wildlife damage manage-
ment biologist to provide airport per-
sonnel with the knowledge and skills
needed to successfully carry out the
wildlife hazard management plan re-
quired by paragraph (d) of this section.

(g) FAA Advisory Circulars contain

methods and procedures for wildlife
hazard management at airports that
are acceptable to the Administrator.

§ 139.339 Airport condition reporting.

In a manner authorized by the Ad-

ministrator, each certificate holder
must—

(a) Provide for the collection and dis-

semination of airport condition infor-
mation to air carriers.

(b) In complying with paragraph (a)

of this section, use the NOTAM system,
as appropriate, and other systems and
procedures authorized by the Adminis-
trator.

of this section, provide information on
the following airport conditions that
may affect the safe operations of air
carriers:

(1) Construction or maintenance ac-

tivity on movement areas, safety
areas, or loading ramps and parking
areas.

(2) Surface irregularities on move-

ment areas, safety areas, or loading
ramps and parking areas.

(3) Snow, ice, slush, or water on the

movement area or loading ramps and
parking areas.

(4) Snow piled or drifted on or near

movement areas contrary to § 139.313.

(5) Objects on the movement area or

safety areas contrary to § 139.309.

(6) Malfunction of any lighting sys-

tem, holding position signs, or ILS
critical area signs required by § 139.311.

(7) Unresolved wildlife hazards as

identified in accordance with § 139.337.

(8) Nonavailability of any rescue and

firefighting capability required in
§§ 139.317 or 139.319.

(9) Any other condition as specified

in the Airport Certification Manual or
that may otherwise adversely affect
the safe operations of air carriers.

(d) Each certificate holder must pre-

pare and keep, for at least 12 consecu-
tive calendar months, a record of each
dissemination of airport condition in-
formation to air carriers prescribed by
this section.

(e) FAA Advisory Circulars contain

methods and procedures for using the
NOTAM system and the dissemination
of airport information that are accept-
able to the Administrator.

§ 139.341 Identifying, marking, and

lighting construction and other un-
serviceable areas.

(a) In a manner authorized by the Ad-

ministrator, each certificate holder
must—

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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

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.

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

589

Federal Aviation Administration, DOT

§ 139.402

will ensure compliance with the plan to
achieve the full implementation of the
requirements.

(2) With a data sharing and reporting

plan, the requirement for the certifi-
cate holder to provide safety awareness
orientation to the tenants or their em-
ployees under § 139.402(d)(1) is waived.

(3) The certificate holder remains the

ultimate responsible party for compli-
ance with its Airport Safety Manage-
ment System.

(f) Each certificate holder required to

develop, implement, maintain, and ad-
here to an Airport Safety Management
System under this subpart must de-
scribe its compliance with the require-
ments identified in § 139.402, either:

(1) Within a separate section of the

certificate holder’s Airport Certifi-
cation Manual titled Airport Safety
Management System; or

(2) Within a separate Airport Safety

Management System Manual. If the
certificate holder chooses to use a sep-
arate Airport Safety Management Sys-
tem Manual, the Airport Certification
Manual must incorporate by reference
the Airport Safety Management Sys-
tem Manual.

(g) On an annual basis or upon FAA

request, the certificate holder shall
provide the FAA copies of any changes
to the Airport Safety Management
System Manual.

(h) A certificate holder that starts

implementation of an Airport Safety
Management System but no longer
qualifies under paragraph (a) of this
section must continue to develop, im-
plement, maintain, and adhere to its
Airport Safety Management System
for the longest of the following periods:

(1) Twenty-four consecutive calendar

months after full implementation; or

(2) Twenty-four consecutive calendar

months from the date it no longer
qualifies under paragraph (a) of this
section.

§ 139.402 Components of Airport Safe-

ty Management System.

An Airport Safety Management Sys-

tem must include:

(a)

Safety Policy.

A Safety Policy

that, at a minimum:

(1) Identifies the accountable execu-

tive;

(2) Establishes and maintains a safe-

ty policy statement signed by the ac-
countable executive;

(3) Ensures the safety policy state-

ment is available to all employees and
tenants;

(4) Identifies and communicates the

safety organizational structure;

(5) Describes management responsi-

bility and accountability for safety
issues;

(6) Establishes and maintains safety

objectives; and

(7) Defines methods, processes, and

organizational structure necessary to
meet safety objectives.

(b)

Safety Risk Management.

Safety

Risk Management processes and proce-
dures for identifying hazards and their
associated risks within airport oper-
ations and for changes to those oper-
ations covered by this part that, at a
minimum:

(1) Establish a system for identifying

operational safety issues.

(2) Establish a systematic process to

analyze hazards and their associated
risks, which include:

(i) Describing the system;
(ii) Identifying hazards;
(iii) Analyzing the risk of identified

hazards and/or analyzing proposed
mitigations;

(iv) Assessing the level of risk associ-

ated with identified hazards; and

(v) Mitigating the risks of identified

hazards, when appropriate.

(3) Establish and maintain records

that document the certificate holder’s
Safety Risk Management processes.

(i) The records shall provide a means

for airport management’s acceptance
of responsibility for assessed risks and
mitigations.

(ii) Records associated with the cer-

tificate holder’s Safety Risk Manage-
ment processes must be retained for
the longer of:

(A) Thirty-six consecutive calendar

months after the risk analysis of iden-
tified hazards under paragraph (b)(2) of
this section has been completed; or

(B) Twelve consecutive calendar

months after mitigations required
under paragraph (b)(2)(v) of this section
have been completed.

(c)

Safety assurance.

Safety assurance

processes and procedures to ensure

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14 CFR Ch. I (1–1–24 Edition)

§ 139.403

mitigations developed through the cer-
tificate holder’s Safety Risk Manage-
ment processes and procedures are ade-
quate, and the Airport’s Safety Man-
agement System is functioning effec-
tively. Those processes and procedures
must, at a minimum:

(1) Provide a means for monitoring

safety performance including a means
for ensuring that safety objectives
identified under paragraph (a)(6) of this
section are being met.

(2) Establish and maintain a safety

reporting system that provides a
means for reporter confidentiality.

(3) Report pertinent safety informa-

tion and data on a regular basis to the
accountable executive. Reportable data
includes:

(i) Compliance with the requirements

under this subpart and subpart D of
this part;

(ii) Performance of safety objectives

established under paragraph (a)(6) of
this section;

(iii) Safety critical information dis-

tributed in accordance with paragraph
(d)(5)(ii) of this section;

(iv) Status of ongoing mitigations re-

quired under the Airport’s Safety Risk
Management processes as described
under paragraph (b)(2)(v) of this sec-
tion; and

(v) Status of a certificate holder’s

schedule for implementing the Airport
Safety Management System as de-
scribed under § 139.403.

(d)

Safety Promotion.

Safety Pro-

motion processes and procedures to fos-
ter an airport operating environment
that encourages safety. Those proc-
esses and procedures must, at a min-
imum:

(1) Provide all persons authorized to

access the airport areas regulated
under this part with a safety awareness
orientation, which includes hazard
identification and reporting. The safe-
ty awareness orientation materials
must be readily available and must be
reviewed and updated every twenty-
four calendar months or sooner if nec-
essary.

(2) Maintain a record of all safety

awareness orientation materials made
available under paragraph (d)(1) of this
section including any revisions and
means of distribution. Such records
must be retained for twenty-four con-

secutive calendar months after the ma-
terials are made available.

(3) Provide safety training on those

requirements of SMS and its imple-
mentation to each employee with re-
sponsibilities under the certificate
holder’s SMS that is appropriate to the
individual’s role. This training must be
completed at least every twenty-four
months.

(4) Maintain a record of all training

by each individual under paragraph
(d)(3) of this section that includes, at a
minimum, a description and date of
training received. Such records must
be retained for twenty-four consecutive
calendar months after completion of
training.

(5) Develop and maintain formal

means for communicating important
safety information that, at a min-
imum:

(i) Ensures all persons authorized to

access the airport areas regulated
under this part are aware of the SMS
and their safety roles and responsibil-
ities;

(ii) Conveys critical safety informa-

tion;

(iii) Provides feedback to individuals

using the airport’s safety reporting
system required under paragraph (c)(2)
of this section; and

(iv) Disseminates safety lessons

learned to relevant airport employees
or other stakeholders.

(6) Maintain records of communica-

tions required under this section for 12
consecutive calendar months.

§ 139.403 Airport Safety Management

System implementation.

(a) Each certificate holder required

to develop, implement, maintain, and
adhere to an Airport Safety Manage-
ment System under this subpart must
submit an Implementation Plan to the
FAA for approval according to the fol-
lowing schedule:

(1) For certificate holders identified

under § 139.401(a)(1), on or before April
24, 2024;

(2) For certificate holders identified

under § 139.401(a)(2), on or before Octo-
ber 24, 2024;

(3) For certificate holders identified

under § 139.401(a)(3), on or before April
24, 2025.

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Federal Aviation Administration, DOT

§ 139.403

(4) For a certificate holder that

qualifies under § 139.401(a) after April
24, 2023, on or before 18 months after
the certificate holder receives notifica-
tion from the Regional Airports Divi-
sion Manager of the change in its sta-
tus.

(b) An Implementation Plan must

provide:

(1) A detailed proposal on how the

certificate holder will meet the re-
quirements prescribed in this subpart.

(2) A schedule for implementing SMS

components and elements prescribed in
§ 139.402. The schedule must include
timelines for the following require-
ments:

(i) Developing the safety policy

statement as prescribed in § 139.402(a)(2)
and when it will be made available to
all employees and tenants as prescribed
in § 139.402(a)(3);

(ii) Identifying and communicating

the safety organizational structure as
prescribed in § 139.402(a)(4);

(iii) Establishing a system for identi-

fying operational safety issues as pre-
scribed in § 139.402(b)(1);

(iv) Establishing a safety reporting

system as prescribed in § 139.402(c)(2);

(v) Developing, providing, and main-

taining safety awareness orientation

materials as prescribed in
§ 139.402(d)(1);

(vi) Providing SMS-specific training

to employees with responsibilities
under the certificate holder’s SMS as
prescribed in § 139.402(d)(3); and

(vii) Developing, implementing, and

maintaining formal means for commu-
nicating important safety information
as prescribed in § 139.402(d)(5).

(3) A description of any existing pro-

grams, policies, or procedures that the
certificate holder intends to use to
meet the requirements of this subpart.

to develop, implement, maintain, and
adhere to an Airport Safety Manage-
ment System under this subpart must
submit its amended Airport Certifi-
cation Manual and Airport Safety Man-
agement System Manual, if applicable,
to the FAA in accordance with its Im-
plementation Plan but not later than
12 months after receiving FAA ap-
proval of the certificate holder’s Imple-
mentation Plan.

(d) A certificate holder that qualifies

under § 139.401(a) must fully implement
its Airport Safety Management System
no later than 36 months after the ap-
proval of its Implementation Plan.