Download FAA Order 5280-5D, Airport Certification Program Handbook, 7 November 2016 PDF

TitleFAA Order 5280-5D, Airport Certification Program Handbook, 7 November 2016
LanguageEnglish
File Size2.1 MB
Total Pages168
Table of Contents
                            Chapter 1. Administration
	1.1 Introduction.
		1.1.1 Responsibilities.
			1.1.1.1 The Airport Safety and Operations Division (AAS-300) and the Office of Airport Safety and Standards (AAS) are responsible for the publication, revision, and cancellation of material in this Order.
			1.1.1.2 To execute the program properly, each Airport Certification Safety Inspector (ACSI) and Regional Airports (600) Division Manager or Regional Planning and Programming (620) Branch Manager must be thoroughly knowledgeable about the program and c...
		1.1.2 Objectives.
			1.1.2.1 Meet the requirements of the Airport Certification Program, in accordance with 49 United States Code (U.S.C.) 40101 and 44706 and 14 CFR Part 139, Certification of Airports;
			1.1.2.2 Facilitate standardized application of program policies and procedures throughout the Regional offices;
			1.1.2.3 Provide current program guidance to ACSIs administering the program;
			1.1.2.4 Support Regional management oversight of the Airport Certification Program; and
			1.1.2.5 Assist ACSIs as they direct and educate airports on the establishment and maintenance of programs designed to enhance and improve airport safety.
		1.1.3 Procedures for Updating this Order.
		1.1.4 Definitions.
	1.2 Systems for Communicating Information about the Airport Certification Program.
		1.2.1 Introduction.
		1.2.2 Policy Guidance.
			1.2.2.1 AAS-300 uses Policy Guidance to provide interpretation of Part 139 or the associated Airport 150 series Advisory Circulars to maintain program consistency.
			1.2.2.2 Policy Guidance provides interim information that remains in effect until the next edition of this Order is published. Policy Guidance is sequentially numbered, dated, and effective upon receipt.
			1.2.2.3 Policy Guidance is distributed to the Director of the Office of Airport Safety and Standards (AAS-1), AAS-300, and Regional Airports Divisions and is made available on the Airports internal employee website.
			1.2.2.4 AAS-300 is responsible for developing, updating, and canceling Policy Guidance. However, Regional Division/Branch Managers and ACSIs may recommend new Policy Guidance. (See Paragraph 1.1.3, Procedures for Updating this Order.)
		1.2.3 CertAlerts.
			1.2.3.1 These publications contain information and updates about airport safety and operations. While non-regulatory in nature, they can be used to disseminate notices of proposed changes in the regulation for airport operators. CertAlerts are numbere...
			1.2.3.2 AAS-300 distributes CertAlerts to Regional offices and makes them available to the airport community in the Airports section of the FAA website. When AAS-300 issues a CertAlert, it updates the online CertAlert log for that year.
			1.2.3.3 The CertAlert log lists the CertAlerts issued by date and numbered consecutively within the calendar year and identifies their current status (e.g., cancelled, revised, or superseded).
			1.2.3.4 AAS-300 is the only entity authorized to issue and cancel CertAlerts. ACSIs are encouraged to suggest topics for new CertAlerts to AAS-300 (See Paragraph 1.1.3, Procedures for Updating this Order.)
		1.2.4 Aviation Safety Reporting System (ASRS).
			1.2.4.1 This system permits airport users to report events or conditions affecting aviation safety. A full explanation of the ASRS system can be found at http://asrs.arc.nasa.gov and in AC 00-46, Aviation Safety Reporting Program, and the Aeronautical...
			1.2.4.2 Typically, NASA sends ASRS reports directly to the airport operator or the Regional staff providing oversight to the identified airport.  However, when AAS-300 receives an ASRS report, AAS-300 will forward the report to the Regional office, wh...
			1.2.4.3 Regional offices must provide AAS-300 with the final disposition of the response provided and details of any actions taken with the identified airport to assist with trend and analysis data. Regions should provide AAS-300 with this final dispo...
		1.2.5 Runway Safety Program System.
			1.2.5.1 The Runway Safety Program Office established a reporting and investigative system designed to address all runway incursions and any increase in the numbers of runway incursions and surface incidents.
			1.2.5.2 The system makes use of two forms to document the details of these events and their subsequent investigation.
Chapter 2. Certification Process
	2.1 Purpose.
	2.2 Section 139.1. Applicability.
		2.2.1 The certification requirement is applicable to all airports in every State of the United States, the District of Columbia, and any territory or possession of the United States at which passenger operations of the following types occur:
		2.2.2 The certification requirement is not applicable to heliports, airports operated by the U.S. Government, airports serving scheduled air carrier operations only because they have been designated as an alternate airport, airports located in the Sta...
		2.2.3 The certification requirement is applicable to the civilian portions of joint-use or shared-use airports.
		2.2.4 The certification requirement is applicable to airports at which 14 CFR Part 380 (Public Charter) operations occur, pursuant to 49 U.S.C. 41104 (b), Additional Limitations and Requirements of Charter Air Carriers.
	2.3 Airport Classifications.
	2.4 Section 139.3, Delegation of Authority.
	2.5 Section 139.5, Definitions.
	2.6 Section 139.7, Methods and Procedures for Compliance.
	2.7 Section 139.101, General Requirements.
	2.8 Section 139.103, Application for Certificate.
		2.8.1 As specified in § 139.103, the operator of an airport that is required to be certificated under Part 139 must prepare and submit to the Regional office a Form 5280-1, Application for Certificate  2), and two copies of the ACM in compliance with ...
		2.8.2 Except under Paragraph 2.10.6.1 of this Order, the applicant must provide written documentation from at least one air carrier committing to initiate air carrier service on a certain date. Regions can verify this information with the applicable F...
		2.8.3 In addition, an applicant applying for an AOC for the first time must be properly and adequately equipped and able to provide a safe airport operating environment in accordance with any limitation the Administrator finds necessary to ensure safe...
			2.8.3.1 Surrendering an AOC or Modifying the Class Certificate.
				2.8.3.1.1 Changes in AOC Class.
	2.9 Section 139.105, Inspection Authority.
		2.9.1 The applicant for an AOC or the holder of an AOC must allow the Administrator to conduct any inspection, including unannounced inspections and tests, to determine compliance with 49 U.S.C. 44706 and the requirements of Part 139. This includes te...
		2.9.2 Once an ACSI receives credentials, the inspector is officially recognized as a representative of the Administrator. If a certificate holder or his/her representative refuses to allow an ACSI to conduct an inspection, interferes with the conduct ...
	2.10 Section 139.107, Issuance of Certificate.
		2.10.1 Assigning an AOC Class.
			2.10.1.1 In addition to an ACM, the operator applying for the AOC (or applicant) submits the application for a certificate on FAA Form 5280-1.  In Section C of the application, Operative Data, the applicant indicates which Class of certificate it is s...
			2.10.1.2 The purpose of establishing the separate Classes is to allow the appropriate level of safety regulation to be applied for the type of aircraft operation at the airport and to avoid imposing more stringent requirements than are actually necess...
		2.10.2 Processing the Application for Certificate and Completion of the AOC.
			2.10.2.1 Application for Certificate (Form 5280-1).
		2.10.3 Administrative Prerequisites for Issuing an AOC.
			2.10.3.1 There are certain sections of Part 139 that are “administrative” in nature and context. These sections must be addressed and documented by the applicant, submitted to the FAA for approval, and subsequently incorporated into the applicant’s FA...
			2.10.3.2 The following sections of Part 139 are identified as “administrative” and must be fully addressed, documented, and approved prior to the issuance of a FAA AOC: 139.103, 139.201, 139.203, 139.301, 139.303, 139.311, 139.319, 139.321, 139.325, 1...
			2.10.3.3 Prior to the issuance of the AOC, Regional 600/620 must verify the applicable administrative sections of Part 139 are reviewed and approved in the applicant’s ACM. This review must be documented in CCMIS; the entry must identify each applicab...
		2.10.4 Completion of the AOC.
			2.10.4.1 The AOC is completed by ensuring the “Name” and “Associated City and State” are consistent with the information on the Airport Master Record (Form 5010-1). The “Effective Date” is the date the airport operator was first granted certification....
			2.10.4.2 A cover letter is prepared to transmit the AOC to the certificate holder.
			2.10.4.3 A copy of a marked-up Airport Master Record, noting the appropriate airport Class and ARFF index (see Paragraph 4.16), is then sent to Airport Engineering Division (AAS-100) to transmit to the National Flight Data Center (NFDC) for action.
		2.10.5 Environmental Categorical Exclusions.
		2.10.6 Certificated Airports Without Air Carrier Service.
			2.10.6.1 Inactive Status.
				2.10.6.1.1 An airport without air carrier service requiring certification under Part 139, but whose operator applies for certification, can be certificated and placed in “Inactive Status.” An AOC will be issued, provided the certificate holders comply...
				2.10.6.1.2 An airport certificate holder who no longer receives air carrier service may request to be placed in “Inactive Status” and simultaneously maintain its AOC, provided the certificate holder complies with all provisions and requirements of the...
				2.10.6.1.3 In each instance, these airports are placed in “Inactive Status” and are subject to surveillance, periodic, and unannounced inspections at the discretion of the Regional Airports Division. The certificate holder remains subject to administr...
				2.10.6.1.4 To return to Active Status, the airport must be scheduled to resume air carrier service and will undergo a full airport inspection prior to being deemed Active.
				2.10.6.1.5 If the FAA finds that a certificate holder who retains an “Inactive Status” certificate cannot meet the requirements of the certificate and subsequently finds it in non-compliance, the FAA may suspend or revoke the certificate, depending on...
			2.10.6.2 Surrender of Certificate.
	2.11 Section 139.109, Duration of Certificate.
		2.11.1 An AOC is valid and effective until the certificate holder surrenders the certificate or the Administrator suspends or revokes the certificate.
		2.11.2 The FAA has the authority to suspend or revoke an AOC if an airport does not meet the standards and/or requirements of Part 139. The Regional office must coordinate any suspension or revocation of an AOC with AAS-300, as well as with their Regi...
		2.11.3 The FAA has the authority to change the AOC Class assigned to an airport if and when air carrier service changes at the airport. The Regional office must coordinate any class change with AAS-300.
			2.11.3.1 An airport operator whose certificate has been placed in “Inactive Status” must maintain the level of Certificate Class and comply with the applicable provisions of Part 139 and the airport’s approved ACM.
			2.11.3.2 The certificate holder of an airport in “Inactive Status” must notify the Administrator in writing of resumption of scheduled or unscheduled air carrier activity at least 90 days in advance of such activity. A complete inspection must be cond...
			2.11.3.3 A new AOC must be issued if an airport undergoes a name change. The new AOC will be issued on the effective date of the name change.
	2.12 Section 139.111, Exemptions.
		2.12.1 In accordance with 14 CFR Part 11, General Rulemaking Procedures, a certificate holder may petition for an exemption from any requirement under Part 139.
		2.12.2 Exemptions are time-limited and do not exceed 3 years. Each exemption must be reviewed annually for currency, extension or renewal. This keeps the exemption in a continuous review process, which results in closer monitoring of airport operator ...
		2.12.3 Petitions for exemptions must meet the criteria outlined in § 139.111(b) as well as 14 CFR Part 11.
		2.12.4 An exemption is not a “Modification of Standards.” Order 5300.1, Modifications to Agency Airport Design, Construction, and Equipment Standards, contains information and guidance for issuing modifications to standards. Paragraph 5, Exemptions (i...
		2.12.5 Exemptions for ARFF requirements under § 139.111(b) must be coordinated with AAS-300.
		2.12.6 A current Exemptions List must be kept with the approved ACM.
	2.13 Section 139.113, Deviations.
		2.13.1 Deviation from any requirement of Subpart D or the approved ACM, to the extent required to meet emergency conditions that threaten life or property, is permitted, provided that—
		2.13.2 Example of a Deviation.
	2.14 Change of Ownership.
	2.15 Section 139.115, Falsification, Reproduction, or Alteration of Applications, Certificates, Reports, or Records.
		2.15.1 Airport certificate holders cannot make or cause to be made any—
		2.15.2 The commission by any owner, operator or other person acting on behalf of a certificate holder of an act prohibited under this section, is a basis for suspension or revocation of any certificate or approval issued under Part 139 and held by tha...
			2.15.2.1 Under this premise, airport operators may consider revising their ACM to add a new § 139.115 (Falsification, reproduction, or alteration of applications, certificates, reports, or records) to ensure that airport personnel are aware of the Par...
			2.15.2.2 If airport operators revise their ACM to address this requirement, ACSIs must verify with airport certificate holders if this action was completed as an amendment to the airport ACM. If there was no ACM amendment, an equivalent method or noti...
Chapter 3. Airport Certification Manual
	3.1 Purpose.
	3.2 Section 139.201, General Requirements.
	3.3 Section 139.203, Contents of the Airport Certification Manual.
		3.3.1 The ACM must—
		3.3.2 As discussed in Paragraph 2.15 of this Order, § 139.115 addresses falsification, reproduction, or alteration of applications, certificates, reports, or records. Certificate holders are strongly encouraged to add verbiage providing notice to thos...
		3.3.3 ACM Transmittal Letter
	3.4 Section 139.205, Amendment of the Airport Certification Manual.
		3.4.1 Authority to Amend the ACM.
		3.4.2 Amendment Initiated by the FAA.
			3.4.2.1 When the Regional Airports Division Manager initiates an amendment to the ACM, the Regional office informs the certificate holder in writing with a Notice to Amend. This notice specifies a reasonable period of not less than 7 days within which...
			3.4.2.2 The Regional Airports Division Manager will consider all relevant material when making a decision about the amendment and notify the certificate holder within 30 days of the decision to amend or to rescind the Notice to Amend.
			3.4.2.3 If the Regional Airports Division Manager decides to implement the amendment, the amendment will go into effect not less than 30 days after the certificate holder is notified of the decision.
				3.4.2.3.1 A certificate holder who does not agree with the decision to amend can petition the Associate Administrator for Airports to reconsider the decision. If the decision is petitioned, implementation of the amendment is stayed pending a decision ...
				3.4.2.3.2 If the FAA decides there is an emergency requiring immediate action with respect to safety, the amendment may be issued without stay, along with a statement of the reasons for the finding in the Notice to Amend.
		3.4.3 Amendment Initiated by the Certificate Holder.
			3.4.3.1 A certificate holder must submit a proposed ACM amendment in writing to the Regional Airports Division Manager, or designated representative, at least 30 days before the proposed effective date of the amendment, unless the Regional Airports Di...
			3.4.3.2 If the Regional Division Manager denies an application for amendment of the ACM, a certificate holder may petition the Associate Administrator for Airports to reconsider the denial.
Chapter 4. Inspection Process
	4.1 Purpose.
	4.2 Types of Inspections.
		4.2.1 Initial Inspection.
			4.2.1.1 An Initial inspection is required for any airport not currently certificated under Part 139.  This is the first inspection conducted by an Airport Certification Safety Inspector (ACSI) before the FAA issues or reissues an Airport Operating Cer...
			4.2.1.2 An initial inspection may also be required for a transfer of ownership at the airport, which results in a new AOC, unless a full airport inspection was completed within the last 12 consecutive calendar months.
			4.2.1.3 The ACSI must prepare a record and report of the initial inspection to be retained in program files as part of the certification process.
		4.2.2 Periodic Inspection.
			4.2.2.1 Conducted on an agreed-upon schedule, the Periodic inspection helps ensure the airport is safe and the certificate holder is operating the airport in compliance with Part 139 requirements, as well as in accordance with procedures and practices...
			4.2.2.2 The ACSI must prepare a full record and report of the inspection to be retained in the program files.
		4.2.3 Surveillance Inspection.
			4.2.3.1 Surveillance inspections are announced or unannounced inspections conducted in addition to the periodic inspections. They can be held at any time.
			4.2.3.2 Reasons for conducting a surveillance inspection include following up on a periodic inspection non-compliance finding; monitoring airfield safety during construction activity; validating continued compliance with the airport’s approved ACM or ...
			4.2.3.3 The ACSI must prepare a record and report of the inspection to be retained in program files.
	4.3 Inactive Status.
	4.4 Schedule of Inspections.
		4.4.1 Periodic Inspections.
			4.4.1.1 Regional Airports Divisions will schedule periodic inspections based upon the following criteria:
			4.4.1.2 Regional Airports Divisions must consider all applicable factors when establishing the inspection frequency for an Inactive Status airport.  Factors affecting inspection frequency can include:
		4.4.2 Surveillance Inspections.
	4.5 Preparation for Initial and Periodic Inspections.
	4.6 Inspection Protocol–General.
		4.6.1 The Airport Certification Program operates under the premise that the airport certificate holder acts responsibly to comply with Part 139 through the self-inspection program.  The FAA inspection itself is but a snapshot of how the airport’s own ...
		4.6.2 Due to certain conditions on various airports (e.g., high density traffic or inclement weather), ACSIs should be flexible about when to conduct an inspection. The ACSI should consider inspecting the movement area when traffic conditions best all...
		4.6.3 Night Inspections.
			4.6.3.1 In Alaska, a night inspection is acceptable during the time a prominent, unlighted object cannot be seen from a distance of 3 statute miles or the sun is more than 6 degrees below the horizon.
		4.6.4 Interviews.
		4.6.5 Documenting Findings.
	4.7 Phases of the Inspection.
		4.7.1 In-briefing.
		4.7.2 Administrative Inspection.
		4.7.3 Movement and Safety Area Inspection.
		4.7.4 ARFF Inspections.
		4.7.5 Fuel Inspections.
			4.7.5.1 During this phase, the ACSI:
			4.7.5.2 The ACSI should not perform the actual hands-on, physical inspection of any of the fuel trucks, carts, or fuel farms.  The ACSI should ensure a designated certificate holder’s fuel representative accompanies the ACSI on the inspection. The ACS...
		4.7.6 Wildlife Hazard Management Inspection.
		4.7.7 Night Inspection.
		4.7.8 Air Traffic Control Tower Interview.
		4.7.9 Post-Inspection Out-briefing.
			4.7.9.1 During this final phase, the ACSI:
			4.7.9.2 Recommendations cannot be provided for areas of Part 139 non-compliance found during the inspection.  While non-binding, ASCI recommendations are still considered useful tools to ensure a full and accurate picture is provided on the overall le...
	4.8 Inspection Protocol–Specific Guidance.
		4.8.1 The following sections provide further details about the conduct of an airport certification safety inspection. The ACSI should compare conditions on the airport to applicable current regulatory standards when non-compliance is found.  The appro...
		4.8.2 Paragraphs 4.9 through 4.30 discuss standards and aspects of the program to consider when conducting an inspection.  Part 139 speaks in detail to all actions and requirements the certificate holder must adhere to in order to maintain its certifi...
	4.9 Section 139.301, Records.
		4.9.1 The certificate holder must furnish, upon request by the Administrator, all records required to be maintained under this section.
		4.9.2 The ACSI must confirm the certificate holder is adequately maintaining all records required under Part 139, including the following:
		4.9.3 An increasing number of certificate holders are using computer databases to track employee training records.  In most cases, the employees are not required to physically sign the training record itself; however, the record must provide the name ...
	4.10 Section 139.303, Personnel.
		4.10.1 The certificate holder must provide sufficient and qualified personnel to comply with the requirements of its approved ACM as well as the requirements under this part. It must equip personnel with sufficient resources needed to comply with the ...
		4.10.2 The certificate holder must also make a record of all training completed after June 9, 2004, by each individual in compliance with § 139.303 that includes, at a minimum, a description and date of training received. Such records must be maintain...
		4.10.3 The certificate holder may use an independent organization, or designee, to comply with the requirements of its ACM and the requirements of this part only if such an arrangement is authorized by the Administrator.
		4.10.4 The ACSI determines if the certificate holder is providing sufficient and qualified personnel to comply with the requirements of its approved ACM and the requirements listed in Part 139.
			4.10.4.1 FAA Memorandum dated 25 August 2014 states, in part: “It is not reasonable to assume that the FAA meant ‘no personnel’ would be sufficient to meet the requirements of Part 139.  Although we can conclude that Part 139.303(a) requires at least ...
			4.10.4.2 The ACSI cannot specify the exact number of employees the certificate holder must have but can identify whether the number of employees is sufficient by observing how many are required to maintain and operate the airport at the minimum safety...
			4.10.4.3 Determination of sufficiency and qualifications must be based on conditions found during the inspection, such as—
			4.10.4.4 In addition, ACSIs can administer oral or written tests or request practical demonstrations of skills to determine whether there are sufficient and qualified personnel.  Such methods are only one tool, and are not an all-inclusive means of ma...
			4.10.4.5 It is necessary to distinguish between the personnel requirements because there might be a “sufficient” number of personnel, but not enough “qualified” personnel due to deficiencies in training.  If the work performed on the airport is comple...
	4.11 Section 139.305, Paved Areas.
		4.11.1 The certificate holder must maintain and promptly repair the pavement of each runway, taxiway, loading ramp, and parking area on the airport that is available for air carrier use as described in § 139.305(a)(1) - (6) for specifics.
		4.11.2 The ACSI’s responsibilities entail advising the certificate holder of pavement conditions involving possible pavement deterioration (e.g., evidence of cracking, ponding, spalling, or settling) identified during the inspection. ACSIs should advi...
			4.11.2.1 ACSIs may consider using AC 150/5320-17, Airfield Pavement Surface Evaluation and Rating Manuals (PASER Manuals), to determine pavement conditions and to present conditions in a standardized manner.  Pavement at an airport is most likely subj...
			4.11.2.2 Marginal Condition Rating.
			4.11.2.3 Significant Safety Hazard Determination.
			4.11.2.4 Section 139.305(a)(2).
			4.11.2.5 Section 139.305(a)(3).
			4.11.2.6 Section 139.305(a)(4).
			4.11.2.7 Section 139.305(a)(5).
			4.11.2.8 Section 139.305(a)(6).
	4.12 Section 139.307, Unpaved Areas.
		4.12.1 The 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.
		4.12.2 The ACSI must determine if all unpaved areas available for air carrier use, including loading ramps and parking areas, are maintained properly. Unpaved surfaces may be comprised of stone or gravel, and include unpaved runways and taxiways.  The...
	4.13 Section 139.309, Safety Areas.
		4.13.1 The certificate holder is responsible for properly maintaining the condition of the safety areas.  The dimensions of the safety areas must be entered in the approved ACM, along with the design standards applicable to the associated runway.  If ...
		4.13.2 Even if the full length/width of the design standard for a safety area cannot be achieved, it might be practicable to extend the safety area by a small incremental land acquisition.  It may also require minor earthwork or the relocation of a di...
		4.13.3 Major pavement reconstruction projects, which are part of an overall plan to extend the useful life of the runway/taxiway, and similar major pavement rehabilitation efforts should be considered reconstruction and thus trigger the safety area re...
		4.13.4 The ACSI must have the ability to accurately check safety area dimensions that do not appear to be correct.  The ACSI should note any significant discrepancy in the measurements of the safety area and any discrepancy in the maintenance of the s...
		4.13.5 The ACSI may have the vehicle operator drive in portions of the safety areas to evaluate surface conditions. Additionally, the ACSI should consider physically walking portions of the safety area if time and operations permit.  This will facilit...
		4.13.6 Safety areas should support a vehicle or ARFF equipment during dry conditions and the inadvertent excursion of an aircraft without causing major damage.  Safety areas must be cleared and graded and have no potentially hazardous humps, ruts, dep...
			4.13.6.1 Engineered Material Arresting System (EMAS).
			4.13.6.2 Safety Area Conditions.
				4.13.6.2.1 Protection of the RSA and personnel in the RSA is the airport operator’s responsibility. Any event that occurs in the RSA lies within the certificate holder’s purview.
				4.13.6.2.2 Unless fixed by function, no object is permitted within the RSA. Objects fixed by function and located in the RSA must be on frangible mounts and be no higher than 3 inches above grade.  If the ACSI determines that an FAA NAVAID is not prop...
			4.13.6.3 Authorized RSA Activity.
				4.13.6.3.1 Safety Area Procedures.
			4.13.6.4 Waiver.
				4.13.6.4.1 The Regional Airports 620 Manager will approve these waivers on a case-by-case basis.  The Regional 620 will coordinate any appeal of a denial with their Regional 600 and AAS-300.
				4.13.6.4.2 Waivers will be documented through the Runway Safety Area Operations Plan (a letter or memorandum of understanding between the airport operator and any organization needing access to the RSA will suffice) and an amendment to the approved AC...
	4.14 Section 139.311, Markings, Signs, and Lighting.
		4.14.1 The certificate holder must provide and maintain markings, signs, and lighting systems for air carrier operations on the airport that are authorized by the Administrator.
		4.14.2 The ACSI must verify the marking, signs, and lighting systems are installed and maintained to and in accordance with FAA standards, specifications, maintenance tolerances, and the minimum requirements as identified in the regulations.  The ACSI...
		4.14.3 Restrictions to Instrument Approach Minimums.
		4.14.4 Land and Hold Short Operations.
			4.14.4.1 At airports where Land and Hold Short Operations (LAHSO) are conducted, all LAHSO locations must have the required marking and signs, and the signs must be included in the Airport Sign and Marking plan.  Both markings and signs must be examin...
			4.14.4.2 A revision should also be made to the ACM section on airport lighting and marking to describe the air carrier’s LAHSO currently in effect. In addition, the signs associated with the LAHSO must be shown in the sign and marking plan.  The airpo...
	4.15 Section 139.313, Snow and Ice Control.
		4.15.1 The certificate holder of an airport where snow and icing conditions occur is responsible for preparing, maintaining, and executing a Snow and Ice Control Plan (SICP) approved by the Administrator. This plan is incorporated into the approved AC...
		4.15.2 During airport inspections, the ACSI should pay close attention to the following:
		4.15.3 The ACSI should also take advantage of any opportunity to conduct an airport inspection during the winter months since the best way of evaluating an SICP is by observing actual snow and ice removal operations.
	4.16 Section 139.315, Aircraft Rescue and Firefighting: Index Determination.
		4.16.1 Index Determination.
			4.16.1.1 If there are five or more average daily departures of an air carrier aircraft in a single group, it is the longest aircraft with an average of five or more daily departures that determines the index.
			4.16.1.2 If there are fewer than five air carrier departures in the longest group serving the airport, the index will be index below the longest group.  The minimum designated index for any airport will be Index A.
			4.16.1.3 Section 139.315(b) contains the air carrier groups as determined by length.
			4.16.1.4 The certificate holder is responsible for providing the required level of ARFF capability for the aircraft operating at the airport.
			4.16.1.5 The certificate holder of a Class III airport has an option to meet the Index A requirement or to provide a level of safety comparable to Index A. If the Class III operator elects the comparable level of safety, the specifics of what is provi...
			4.16.1.6 Class III certificate holders are not subject to the timed-response drill from their point of origin.  An ARFF emergency response drill should instead be conducted with the ARFF personnel staged at the airport as if during an air carrier oper...
	4.17 Section 139.317 ARFF: Equipment and Agents.
		4.17.1 The ACSI is responsible for determining if the firefighting equipment and agents are appropriate for the index, as specified in § 139.315.  The ACSI should also check the discharge capacities and agent capacities to ensure they meet requirements.
		4.17.2 The ACSI should check the performance of AFFF. All AFFF purchased after July 1, 2006, must conform to military specification. AC 150/5210-6, Aircraft Fire and Rescue Facilities and Extinguishing Agents, refers to the performance requirements fo...
		4.17.3 The ACSI should check reserve inventory of AFFF, dry chemical/Halotron, and propellant.  AFFF must be listed on the current or historical DoD Quality Products Database (QPD) for Mil Spec AFFF, MIL-F-24835-1.  If AFFF is observed that is not on ...
		4.17.4 While inspecting reserve AFFF, ACSI should be on the lookout for Alcohol Resistant (AR) and Alcohol Type Concentrate (ATC) AFFF.  These foams will be listed as AR-AFFF or ATC/AFFF and look similar to regular AFFF labels.  These types of foams a...
	4.18 Section 139.319. ARFF: Operational Requirements.
		4.18.1 The certificate holder is responsible for providing the ARFF capability specified in § 139.317, as determined by the airport’s index. If index requirements increase, the certificate holder must comply with the increased requirements.
		4.18.2 If an airport experiences a decrease in the number of departures of the critical aircraft or a decrease in the length of the aircraft serving the airport, the certificate holder may reduce the ARFF capability to a lower level, which corresponds...
		4.18.3 If there is a permanent reduction in the average daily departures, the airport can reduce the index as soon as the actual activity drops to the lower index level. This reduction must be approved and included in the ACM.
		4.18.4 An airport that temporarily loses a required ARFF vehicle can reduce its index (provided the remaining equipment is appropriate) and allow up to four aircraft daily departures of the original index without being in violation of § 139.315(c).
		4.18.5 The certificate holder must report permanent changes in ARFF index and include remarks about the index coverage at an airport on lines A-26 and A-110 of the Airport Master Record, which must be annotated as “Additional Information” and then sig...
		4.18.6 If an index change occurs, and the certificate holder does not have the reserve ARFF equipment to meet the higher index, the airport has the following options:
		4.18.7 If an airport experiences a reduction in ARFF capability, procedures in § 139.319(d)(1) through (3) must be implemented.
		4.18.8 Vehicle communications must comply with the requirements of § 139.319(e). This can be either a fixed-base station mounted in the vehicle, a portable radio, or combination.
		4.18.9 Vehicles must be marked and lighted per § 139.319(f), and vehicle readiness must be maintained per § 139.319(g).  Each required vehicle must be operationally capable of performing the required functions and must be provided shelter adequate to ...
		4.18.10 If a required vehicle becomes inoperative and cannot be repaired or replaced within 48 hours, § 139.319(g)(3) requires the airport operator to limit air carrier operations to those compatible with the index corresponding to the remaining opera...
		4.18.11 Index A airports must issue a NOTAM that ARFF is unavailable immediately upon verifying Index A cannot be maintained.
		4.18.12 All ARFF personnel must be equipped in a manner sufficient to perform their duties.
		4.18.13 At joint-use facilities, civilian certificate holders must comply with Part 139 sections that are under their areas of responsibilities. If there is a civilian operation (of an air carrier aircraft with more than nine passenger seats) on a joi...
		4.18.14 If ARFF is provided by the military or National Guard, the ACSI cannot conduct a physical inspection of ARFF facilities or conduct a response test.  However, documentation of ARFF operations and training must be provided to the airport operato...
		4.18.15 The ACSI is responsible for determining if the airport is equipped with sufficient ARFF vehicles to meet the airport index during air carrier operations.  ARFF equipment required to meet the index must be listed in the approved ACM.  Backup eq...
		4.18.16 The ACSI must determine if changes to the ARFF index are substantiated by increases or decreases in daily departures of the critical aircraft. If as a result of an increase in the average daily departures, the longest aircraft group is four or...
		4.18.17 Technically, a required ARFF vehicle is inoperative during preventive maintenance if it cannot meet response requirements.  At airports that do not have extra ARFF equipment, maintenance must be scheduled during periods when air carriers are n...
		4.18.18 The ACSI must determine whether all ARFF personnel are equipped in a manner sufficient for their duties.  Such equipment must include a protective coat, protective trousers, a protective helmet, boots, Nomex head sock, Personnel Alert Safety S...
		4.18.19 The ACSI should confirm all ARFF personnel who engage in any rescue or firefighting operations are wearing the complete protective clothing ensemble, including SCBA, during responses unless directed by the officer-in-charge to remove it. This ...
		4.18.20 The ACSI must confirm the ARFF training curriculum meets the requirements of § 139.319(i)(2) and ARFF personnel can demonstrate their knowledge in required areas. See § 139.319(i)(2)(i)-(xi).  The FAA Aircraft Rescue and Fire Fighting Training...
		4.18.21 The ACSI must review training records for ARFF personnel.  Training records must indicate all ARFF personnel have received initial training prior to commencing their duties or confirm completion of the required recurrent training.  Additionall...
			4.18.21.1 This requirement is not intended to limit the personnel to whom the regulation applies or to limit the annual fire training categories in which personnel perform. Rather, it clarifies what is acceptable for meeting the standards of the regul...
			4.18.21.2 In addition, this requirement addresses the issue of applicability, i.e., to whom § 139.319(i)(3) does and does not apply.  Section 139.319(i)(6) states the certificate holder must ensure sufficient rescue and firefighting personnel are avai...
			4.18.21.3 Required ARFF Personnel.
				4.18.21.3.1 An acceptable live-fire drill consists of fighting a fire from the position in which the firefighter would be expected to perform.  For example, for the firefighter who normally performs on the handline, handline training would be part of ...
			4.18.21.4 Personnel for Whom ARFF Participation is Not a Normal or Required Responsibility.
		4.18.22 The airport should have a training program for all ARFF Index vehicles.  The training should also include all turrets, handlines and nozzles on the vehicle. For example, if the airport has an ARFF vehicle equipped with a high reach extendible ...
		4.18.23 If the airport has an approved SMGCS Plan, the ARFF crews need to know their procedures and responsibilities under the plan.  If there is equipment in the ARFF vehicles specifically used to assist during times of low visibility, verify ARFF pe...
		4.18.24 The ACSI must confirm that at least one individual, who has been trained and is current in basic emergency medical services, is available during air carrier operations. It is not necessary for the emergency medical person to be one of the ARFF...
			4.18.24.1 Red Cross training programs are acceptable if they cover the nine areas identified in the regulation and consist of a minimum of 40 hours of instruction.
		4.18.25 The ACSI must ascertain if sufficient ARFF personnel are available to operate the required ARFF vehicles in accordance with § 139.319(i)(5).
		4.18.26 Timed-Response Drill.
			4.18.26.1 The ACSI must conduct a response drill, and a successful response time must be recorded prior to the completion of the inspection. Failure of the airport ARFF to return a successful response time might indicate the need for substantive chang...
			4.18.26.2 It is important to time the response accurately. The timing begins with the activation of the first alarm signal to the fire agency responsible for ARFF at the airport.  Usually this will be when ATC picks up the phone or sounds the alarm, s...
			4.18.26.3 The ACSI must ensure the certificate holder demonstrates compliance with the provisions of this section. Additional time should not be added or subtracted to the timed response to accommodate or address conditions that exist at a specific fa...
			4.18.26.4 The ACSI must retest if the certificate holder initially fails to demonstrate the ability to comply with the performance requirement of this section.
				4.18.26.4.1 These procedures might include the closure of a runway to air carrier operations or the repositioning of an ARFF vehicle during air carrier operations. In some situations (e.g., an existing runway was lengthened or a new runway built), the...
			4.18.26.5 At the discretion of the ACSI, a discharge of water may be used in lieu of other agents during the timed response drill. However, a demonstration of the discharge of the agents not used in the response drill (except for Halon 1211 or Halatro...
			4.18.26.6 The ACSI may conduct ARFF response drills at night or during inclement weather.  However, discretion must be used to ensure safety is not compromised.  If there is a question as to whether a drill can be conducted safely, it should be postpo...
		4.18.27 During the inspection, the ACSI can request ARFF personnel to conduct a refractometer or conductivity test on at least one required response vehicle with a foam-proportioning system. By observing the preparation for, and performance of, this t...
			4.18.27.1 Based on Evaluation of Conductivity Meters for Firefighting Foam (DOT/FAA/AR-02/115) and NFPA 412, the FAA finds both the use of refractometers and conductivity meters as acceptable methods of testing ARFF vehicle foam-proportioning systems.
		4.18.28 The ACSI must confirm all designated emergency access roads are maintained for all weather conditions per the SICP. Emergency access roads are those required to meet ARFF requirements.  Roads constructed specifically for use by emergency vehic...
		4.18.29 The ACSI is responsible for confirming the approved ACM includes procedures for repositioning ARFF vehicles to maintain required index response capabilities and/or conditions and procedures for reducing ARFF index when the required vehicles/pe...
			4.18.29.1 If there is a reduction in ARFF capability and the certificate holder immediately issues the required airline notices and NOTAMs of reduced index capability, there is no deficiency or discrepancy with respect to the regulation.
			4.18.29.2 If ARFF vehicles respond to an emergency, on or off the airport, involving an air carrier accident/incident and the air carriers were not notified of a change to the index (including issuance of NOTAM), the certificate holder could file for ...
	4.19 Section 139.321, Handling and Storage of Hazardous Substances and Materials.
		4.19.1 Each certificate holder who acts as a cargo handling agent must establish 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 Material Regu...
		4.19.2 The ACSI is responsible for ensuring the certificate holder is maintaining adequate oversight of fueling agent activities on the airport.
			4.19.2.1 A fueling agent is defined, for the purposes of this regulation, as “A person or company that sells fuel products on the airport.”  This is intended to exclude the self-fueling activities of an airline or corporation that conducts self-fuelin...
			4.19.2.2 Section 139.321 (c) through (g) address the responsibilities of and requirements imposed upon “fueling agents” on the airport and, therefore, exclude those persons and companies who self-fuel. The fueling agent may include the certificate hol...
			4.19.2.3 Section 139.321 (c) requires the certificate holder to exercise “reasonable surveillance on all fueling activities on the airport.”  General aviation (GA) “self-fuelers” are included in the oversight requirement. These self-fuelers might be c...
			4.19.2.4 The FAA recommends that certificate holders establish basically the same requirements for GA large aircraft operators as for fueling agents. To meet this requirement, certificate holders might arrange for the local fire marshal or firefightin...
			4.19.2.5 For small self-fuelers, certificate holders should establish a permit system, confine these operations to a designated area, and require fire extinguishing equipment to be in place.  Users should be trained in operation of the  fire extinguis...
			4.19.2.6 ACSIs should inspect a sample of fuel facilities, including fuel trucks, on the airport to ensure compliance.  The size of the sample is at the ACSI’s discretion.  As stated in Paragraph 4.7.5, ACSIs use this sample to validate the actions of...
			4.19.2.7 ACSIs must ensure at least one supervisor with each fueling agent has completed an acceptable fire safety course within the previous 24 consecutive calendar months. This course may be one conducted by the airport in conjunction with the local...
			4.19.2.8 ACSIs ensure compliance with fire safety training.  Prior to assuming a supervisory position, an individual must have completed initial training or be enrolled in an authorized supervisory aviation fuel-training course that will be completed ...
			4.19.2.9 ACSIs must confirm that training records document that all other employees who fuel aircraft, accept fuel shipments, or otherwise handle fuel have received at least initial on-the-job training in safe handling and, thereafter, have received r...
	4.20 Section 139.323, Traffic and Wind Indicators.
		4.20.1 The certificate holder is responsible for installing a wind cone that provides surface wind direction information to all pilots.  For each runway available to air carrier use, a supplemental wind cone is required. They should be installed at th...
		4.20.2 For airports serving any air carrier 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 traff...
		4.20.3 The ACSI is responsible for evaluating whether there are an adequate number of wind direction indicators.  If the airport has a right traffic pattern, the ACSI must ensure the segmented circle provides the correct information and is properly ma...
	4.21 Section 139.325, Airport Emergency Plan.
		4.21.1 The certificate holder is responsible for developing and maintaining a written document entitled the Airport Emergency Plan (AEP). The plan is intended to minimize the possibility and extent of personal injury and property damage on the airport...
		4.21.2 The ACSI is responsible for determining whether the AEP addresses those emergencies and associated actions outlined in § 139.325. ACSIs are responsible for ensuring the airport certificate holder complies with each requirement outlined in this ...
			4.21.2.1 A careful and thorough review of the certificate holder’s AEP against the specifics of § 139.325 will reveal deficiencies and areas requiring greater detail.  An administrative review can be conducted prior to the airport inspection, and once...
			4.21.2.2 ACSIs are encouraged to speak with various airport personnel who maintain duties and responsibilities within the AEP to ensure training has been accomplished on the plan details. Airport personnel having responsibilities in the plan must be p...
		4.21.3 Water Rescue.
		4.21.4 Emergency Plan Exercise.
			4.21.4.1 As funding and schedules allow, ACSIs should consider observing an airport’s triennial exercise. This will facilitate a hands-on confirmation of how effectively the AEP is being executed, as well as the verification that responsible parties r...
	4.22 Section 139.327, Self-Inspection Program.
		4.22.1 The self-inspection program is the strategic element of an airport operator’s certification program and is required by regulation. The certificate holder is responsible for establishing, implementing, and maintaining an appropriate self-inspect...
		4.22.2 The ACSI is responsible for ascertaining whether the self-inspection program is effective in maintaining airport safety.  The ACSI should observe an airport representative of the certificate holder conduct a self-inspection to determine if proc...
		4.22.3 Indications of problems with the self-inspection program might include the following:
	4.23 Section 139.329, Pedestrians and Ground Vehicles.
		4.23.1 The certificate holder is responsible for limiting access to movement areas and safety areas to only those pedestrians and ground vehicles necessary for airport operations.  Certificate holders must also establish and implement procedures for t...
		4.23.2 Section 139.329(f)(2) specifically addresses the requirement by the certificate holder to provide a description and date of any accident or incident involving an air carrier aircraft, pedestrian, or ground vehicle in movement areas and safety a...
		4.23.3 The ACSI is responsible for the following areas:
			4.23.3.1 Ascertaining the certificate holder has properly limited persons and vehicles having access to the movement areas. The airport should have a process in place for periodic review of vehicles and persons authorized to access movement and safety...
			4.23.3.2 Observing that the only ground vehicles operating on the airport are those necessary for airport operations, including those directly in support of airport operations—such as rescue, maintenance, and inspection activities—and airfield mainten...
				4.23.3.2.1 Other vehicles (including Federal vehicles such as those used by FAA Tech Ops) are allowed as necessary for specific activities on the airport and as allowable by the approved ACM. The ACSI should observe the operation of these vehicles for...
				4.23.3.2.2 Construction vehicles are authorized as allowed in the construction safety phasing plan using authorized access routes.
			4.23.3.3 Verifying procedures have been established for fuel vehicles to cross movement areas, including two-way communications with the ATCT or with an escort, if no alternative routes are available.  The approved ACM should clearly address these pro...
			4.23.3.4 Observing procedures at airports either without an ATCT or during the period when an ATCT is not operational.  These might include notification over the Common Traffic Advisory Frequency (CTAF) of intent to enter a movement area or notificati...
			4.23.3.5 Examining and evaluating a driver training program for comprehensiveness and effectiveness. This might include a permit system and testing and should include a schedule for violations of the rules and regulations for pedestrians or ground veh...
				4.23.3.5.1 Driver training programs should include at a minimum:
		4.23.4 Runway Safety Program.
			4.23.4.1 Unauthorized entry by pedestrians or ground vehicles onto the movement area may constitute a runway incursion.  Therefore, personnel and equipment in the RSA, when not authorized by the ATCT, are reported as incursions.
			4.23.4.2 It is important for the ACSI to recognize not every incursion by a ground vehicle or pedestrian will be a violation of Part 139.  When an alleged incursion occurs, a Letter of Investigation must be issued, and an investigation to gather facts...
			4.23.4.3 The ACSI must also determine if:
	4.24 Section 139.331, Obstructions.
		4.24.1 The certificate holder is responsible for ensuring objects the FAA has determined to be obstructions are removed.  If this is not possible, then each object within each area of the airport’s authority must be marked and/or lighted unless an FAA...
		4.24.2 If obstructions have not been subjected to an airspace study, the certificate holder should request one.  The results of the study will determine whether the obstructions must be marked and/or lighted, removed, or some other action taken that i...
		4.24.3 The FAA recommends the certificate holder provide a diagram to the ACSI depicting the runway approach area for each runway end and identifying the objects penetrating the approach surface.
		4.24.4 The ACSI should advise the certificate holder to obtain an airspace study for any obstruction that has not been subjected to a study of this type.  If the study determines an obstruction is not a hazard to air navigation and if marking and/or l...
		4.24.5 The ACSI is also responsible for confirming that all obstructions, as defined by Part 77, Objects Affecting Navigable Airspace, within the certificate holder's authority are marked and/or lighted if they have not or cannot be removed, unless an...
			4.24.5.1 If the certificate holder does not have procedures for identifying obstructions to the Part 77 surfaces, the ACSI should recommend procedures be established and implemented as soon as possible, as well as included in the approved ACM.
			4.24.5.2 The certificate holder should have procedures for inspecting for outages of any obstruction light that can be seen from any portion of the airport and for reporting such outages to the owners of the lights.  The ACSI should ensure the ACM inc...
			4.24.5.3 During the night inspection, the ACSI will verify that all lighted obstructions within the authority of the certificate holder are operational.  The ACSI should also check FAA lighted obstructions during the night inspection and request that ...
	4.25 Section 139.333, Protection of NAVAIDs.
		4.25.1 The certificate holder is responsible for establishing procedures to prevent the construction of facilities on the airport that would interfere with the operation of electronic or visual NAVAIDs and the air traffic control facilities on the air...
		4.25.2 The certificate holder must establish and implement effective procedures to prevent interruption of visual and electronic NAVAIDs within the airport’s authority.  Such procedures are intended to prevent activities associated with construction a...
		4.25.3 The certificate holder must also implement effective measures to prevent vandalism and theft of NAVAIDs, as well as prevent interruption of visual and electronic signals of NAVAIDs.
		4.25.4 The ACSI is responsible for the following areas:
	4.26 Section 139.335, Public Protection.
		4.26.1 The certificate holder is responsible for providing effective safeguards against inadvertent entry to the movement area by unauthorized persons or vehicles. The safeguards may consist of a combination of natural barriers, fencing, and warning s...
		4.26.2 The ACSI is responsible for determining whether the certificate holder has established effective and proper safeguards to prevent inadvertent entry onto the movement area and has provided reasonable protection against aircraft blast to both the...
		4.26.3 Fencing that meets the requirements of applicable FAA and TSA security regulations in areas subject to these regulations is acceptable for meeting the requirements of § 139.335(a)(l).
	4.27 Section 139.337, Wildlife Hazard Management.
		4.27.1 The certificate holder is responsible for taking immediate measures to alleviate wildlife hazards whenever they are detected, notifying the Regional Airports Division when a wildlife hazard exists on the airport, and conducting a Wildlife Hazar...
		4.27.2 The ACSI is responsible for confirming a wildlife hazard exists on an airport based on evidence of the presence of wildlife, even when a multiple bird strike, engine ingestion, or damaging collision has not occurred.  Section 139.337(a) authori...
			4.27.2.1 When ACSIs determine that events as described in § 139.337(b)(1) through (4) has occurred, either through their own research/observations or notification by a certificate holder, they should review the airport’s approved ACM to determine if a...
			4.27.2.2 If a WHA has never been conducted, the ACSI will instruct the certificate holder to undertake the required WHA.
			4.27.2.3 If a WHA was conducted within the last 12 months, but development and implementation of a WHMP was not required, the Regional Coordinator will review the WHA and the decision not to require a WHMP.  In most cases, the certificate holder shoul...
			4.27.2.4 If the WHA is more than 12 months old and no WHMP was developed, the ACSI may instruct the certificate holder to begin a new WHA, if warranted.  The results of this study, together with other pertinent factors, will be used to determine if a ...
			4.27.2.5 Factors that may lead to NOT recommending a WHA include:
			4.27.2.6 When the FAA determines that a WHA is needed for a particular airport, the ACSI should:
		4.27.3 Additional Responsibilities When Developing Wildlife Hazard Management Plans.
			4.27.3.1 Section 7(a)(2) of the Endangered Species Act of 1973, as amended (16 U.S.C. § 1536), states, in part, that each Federal agency will, in consultation with and with the assistance of the Secretary of Interior, ensure any action authorized, fun...
			4.27.3.2 FAA’s action in requiring a certificate holder to develop, submit for approval, and implement a WHMP is considered a Federal action, as defined in the Endangered Species Act, and, therefore, is subject to Section 7 consultation with the U.S. ...
			4.27.3.3 Under § 139.337(e), the FAA may direct an airport operator to develop a WHMP or to update an existing plan.  In these instances, it is the FAA’s responsibility as the action agency to determine whether there are Federally protected species or...
			4.27.3.4 If there are no federally listed or proposed species or designated or proposed critical habitat occurring on or near the airport, no further action is required for the Section 7 consultation.
			4.27.3.5 If federally listed or proposed species or designated or proposed critical habitat occurs on or near the airport, the FAA Regional Coordinator should coordinate the following actions:
				4.27.3.5.1 The airport operator should be made aware of the federally listed or proposed species or designated or proposed critical habitat so this information can be considered during the development of the WHMP.
				4.27.3.5.2 The ACSI is responsible for ensuring the certificate holder has complied with the Wildlife Hazard Management Plan and should seek assistance, when necessary, from the AAS-300 Wildlife Biologists. This includes references for USDA Wildlife S...
				4.27.3.5.3 ACSIs must verify airports are fully implementing and evaluating their WHMPs and document the basis for compliance determinations with each inspection checklist item and the records reviewed for verification, as well as documenting the airp...
				4.27.3.5.4 Biological Assessment.
		4.27.4 Airport Certification/Safety Inspection Checklist Procedures for Wildlife Control Permits.
			4.27.4.1 The ACSI must verify the airport has obtained permits, and that they are current, to effectively implement its WHMP using the Airport Certification/Safety Inspection Checklist (FAA Form 5280-4)
			4.27.4.2 Local, state, and Federal depredation permits are not always applicable to an airport’s needs and are not mandatory.  However, state and/or Federal permits are required for lethal removal and capture/relocation of wildlife, as well as for any...
		4.27.5 Waste Disposal Facility Coordination.
			4.27.5.1 ACs 150/5200-33 and 150/5200-34 contain guidance on siting various types of landfills and procedures for coordinating and documenting FAA determinations on developing new or expanding existing waste disposal sites within 5 miles of a public-u...
			4.27.5.2 A landfill proponent will notify the FAA under 40 CFR § 258.10 of a proposal to establish a new or expand an existing landfill.
			4.27.5.3 The ACSI will:
			4.27.5.4 Any disagreement between the recommendations of the Regional Coordinator (or ACSI) and the AAS-300 Wildlife Biologists will be resolved through a consultation between the Region and Headquarters.  When agreement is reached, an AAS-300 Wildlif...
	4.28 Section 139.339, Airport Condition Reporting.
		4.28.1 The certificate holder is responsible for providing, in a manner authorized by the Administrator and as stated in the approved ACM, information about airport conditions and for collecting and disseminating this information to air carriers.  To ...
		4.28.2 The certificate holder must prepare and keep for at least 12 consecutive calendar months, a record of every disseminated airport condition report prescribed by this section.  Storage of records electronically is allowable; however, they must be...
		4.28.3 The ACSI is responsible for determining airport condition reporting is timely and accurate. While a check of current NOTAMs in the system is part of the inspection preparation, the ACSI must also check NOTAM logs at the airport.
		4.28.4 The ACSI should also be aware of conditions that may fall under the “any other condition that may otherwise adversely affect the safe operation of air carriers” and address each such item directly with the airport operator to conclude, as appro...
		4.28.5 ACSIs should consider comparing the NOTAM logs against the daily self-inspection reports. This technique will help determine whether NOTAMs were issued appropriately and timely in the NOTAM system for identified discrepancies that required a NO...
	4.29 Section 139.341, Identifying, Marking, and Reporting Construction and Other Unserviceable Areas.
		4.29.1 The certificate holder is required to mark, and, if appropriate, light construction areas, equipment, or certain areas adjacent to a NAVAID as set forth in § 139.341(a)(1)(i) through (iii).  The certificate holder is responsible for establishin...
		4.29.2 A construction safety phasing plan (CSPP) is required for projects funded under the AIP or PFC program. AC 150/5370-2, Operational Safety on Airports during Construction, provides guidance for construction activities. See Order 5200.11, FAA Air...
		4.29.3 Marking and, if required, lighting, acceptable to the Administrator must be applied to:
		4.29.4 The ACSI is responsible for ascertaining, when necessary, a safety plan has been developed and implemented and, when any construction is planned on the airport, whether the certificate holder has taken the proper measures to comply with the app...
		4.29.5 The ACSI also must ensure temporary marking and lighting of areas servicing air carrier aircraft meet standards required by § 139.311. ACSIs will ensure that adequate notice is given to users, ARFF, ATO, and others about conditions that may adv...
		4.29.6 The ACSI must ensure that vehicle and pedestrian controls in the CSPP are being implemented and that the airport is adequately monitoring construction activities and areas, as well as addressing safety deficiencies immediately.
		4.29.7 The ACSI should ensure that entrances to the AOA, construction areas, and haul routes are properly marked, signed, and protected from inadvertent entry.
	4.30 Section 139.343, Non-compliance Conditions.
		4.30.1 The certificate holder is responsible for limiting air carrier activities to areas that are safe. Whenever the requirements of Subpart D of Part 139 cannot be met for any areas on the airport, these areas are considered unsafe for air carrier u...
		4.30.2 The ACSI is responsible for determining that the airport certificate holder complies with this section and has accurately identified those areas deemed unsafe for air carrier use. The approved ACM should discuss these areas.
Chapter 5. Compliance and Enforcement Policy
	5.1 Purpose.
	5.2 General Policies.
		5.2.1 FAA Compliance Philosophy (FAA Order 8000.373).
		5.2.2 FAA Compliance and Enforcement Program (FAA Order 2150.3).
		5.2.3 General.
			5.2.3.1 The FAA believes that its compliance philosophy, supported by an established safety culture, is instrumental in ensuring both compliance with statutory and regulatory requirements and the identification of hazards and management of risk.
			5.2.3.2 To reach the next level of safety in this increasingly busy, complex, and global air transportation environment, the FAA is transitioning to a proactive safety management approach.  This emphasizes the accountability of all stakeholders.
			5.2.3.3 The FAA will encourage airports to build internal measures to identify non-compliance and ensure corrective actions.
			5.2.3.4 Where airports reflect positive motivation, the FAA will actively engage with the airports to encourage continued compliance and safety.
			5.2.3.5 The FAA will focus resources on areas of higher risk and insist on accountability for risk-taking behaviors and zero tolerance for intentional or reckless conduct in violation of the regulations, or conduct that otherwise meets the criteria fo...
		5.2.4 Application.
	5.3 Investigating Alleged Violations.
		5.3.1 Upon receiving information indicating a possible violation, the ACSI should begin by evaluating as much factual data as is readily available to determine whether there appears to be any basis for conducting an investigation.  It is the responsib...
		5.3.2 Enforcement Investigative Report (EIR) Number.
		5.3.3 Letter of Investigation.
		5.3.4 Headquarters Coordination.
			5.3.4.1 Part 139 investigations and enforcement at large hub airports present unique challenges due to their size, complexity, and local or national significance. Therefore, additional coordination through AAS-1, with the Associate Administrator for A...
			5.3.4.2 Coordination Process.
		5.3.5 Circumstances Not to Send a Letter of Investigation.
			5.3.5.1 Compliance Actions.
			5.3.5.2 Sensitive Investigations.
				5.3.5.2.1 There may be times when a Region determines that issuing a Letter of Investigation would not contribute to the efficient completion of the investigation.  These circumstances may include:
				5.3.5.2.2 In all cases, if the Region conducts an investigation without initially issuing a Letter of Investigation and then finds evidence of Part 139 violations, the Region must then issue a Letter of Investigation.  This preserves the airport opera...
		5.3.6 Regional Office Review.
		5.3.7 Closing the Investigation.
			5.3.7.1 All investigations end with one of three actions:
			5.3.7.2 If the ACSI determines that no violation occurred, he/she must notify the airport operator with an Investigation Closeout Letter stating the matter has been closed.  Copies must also be sent to all recipients of the Letter of Investigation.
	5.4 Compliance Action for Non-Regulatory Issues.
		5.4.1 Recommendations.
	5.5 Administrative Action.
		5.5.1 Administrative.
		5.5.2 Compliance Letter.
			5.5.2.1 The Compliance Letter usually confirms a discussion with the certificate holder in which a violation is acknowledged and appropriate corrective action initiated. It might also describe non-regulatory discrepancies and areas needed for improvem...
			5.5.2.2 The Compliance Letter must not be used only to forward suggestions and recommendations for improvement.  ACSIs use the Compliance Letter primarily to bring regulatory non-compliance issues to the attention of a violator and document action tha...
			5.5.2.3 If the certificate holder has not completed corrective action when the ACSI issues a Compliance Letter, the ACSI must ensure the airport completes the action in a timely manner and determine whether legal enforcement is required.  Any continua...
			5.5.2.4 The Compliance Letter will specify a date for completing actions related to the violation.  An airport operator who does not complete the items in the Compliance Letter by the agreed-upon date must document to the ACSI why it failed to come in...
		5.5.3 Warning Letter.
	5.6 Letter Acknowledging Completion of Corrective Action.
	5.7 Enforcement Action—General.
		5.7.1 When to Use Legal Enforcement.
			5.7.1.1 Intentional Conduct.
			5.7.1.2 Falsification, Reproduction, or Alteration of Applications, Certificates, Reports, or Records.
				5.7.1.2.1 14 CFR § 139.115(a)(1) proscribes any fraudulent or intentionally false or fraudulent statement on any application for a certificate or approval under Part 139.  An intentional false statement is a false statement of a material fact made wit...
				5.7.1.2.2 14 CFR §§ 139.115(a)(2)-(4) proscribe 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 Part 139; any reproduction, for a fraudulent p...
			5.7.1.3 Reckless Conduct.
				5.7.1.3.1 An act (or failure to act) evidencing a deliberate indifference to or a conscious disregard of:
				5.7.1.3.2 An example of reckless conduct is the failure to specifically follow an approved Snow and Ice Control Plan, such as failing to target taxiways per plan or not sending out a shift to clear in a storm but leaving runways open, when the failure...
			5.7.1.4 Failure to Complete a Corrective Action.
			5.7.1.5 Conduct Creating or Threatening to Create an Unacceptable Risk to Safety.
				5.7.1.5.1 Conduct that creates or threatens to create a High Level in the likelihood and/or severity of significant risk to safety, when the Director of the program office determines that alternative means to address the non-compliance and to effectua...
				5.7.1.5.2 This type of conduct might apply if the Region has tried everything it can think of to work with the airport, but the airport fails to make any effort to resolve violations.
			5.7.1.6 Repeated Non-Compliance.
		5.7.2 Enforcement Tools.
		5.7.3 Legal Enforcement Action.
			5.7.3.1 Formal legal action serves to —
			5.7.3.2 The FAA must initiate appropriate legal enforcement action when appropriate in accordance with FAA Order 2150.3B, Chapter 5.  In determining the appropriate type and measure of sanction to be applied, the FAA must take the following factors in...
		5.7.4 Types of Legal Enforcement Action.
			5.7.4.1 Civil Penalty Action.
			5.7.4.2 Certificate Action.
				5.7.4.2.1 Certificate suspension can be considered when—
				5.7.4.2.2 Certificate revocation can be considered when—
				5.7.4.2.3 A certificate action can have significant impact on air commerce and generate a political tumult.  However, the public interest and safety of air carrier operation on the movement areas must be the principal factors governing any proposed ce...
				5.7.4.2.4 The ACSI must closely coordinate any proposed suspension or revocation action with AAS-300, ARP-1/2, and other FAA offices that might be impacted by the proposed action. The ACSI must also obtain authorization from the Regional Airports Divi...
				5.7.4.2.5 In some cases, it might be appropriate to suspend the certificate for a reasonable time pending the correction of any violations.  An airport operator should not be permitted to hold indefinitely an AOC in order to have additional opportunit...
				5.7.4.2.6 An airport operator whose AOC has been revoked and who wishes to have a new AOC must apply for a certificate in accordance with § 139.103.
			5.7.4.3 Emergency Suspension or Revocation of Certificate.
			5.7.4.4 Termination of an AOC Suspension.
			5.7.4.5 Selection of Legal Enforcement Action.
			5.7.4.6 Selection of Sanctions.
	5.8 Enforcement Consistency.
Chapter 6. Accident Investigation Responsibilities and Procedures
	6.1 Overview.
		6.1.1 Purpose.
		6.1.2 Background.
			6.1.2.1 By statute, the FAA is automatically a participant in National Transportation Safety Board (NTSB) investigations with the coordination and control authority falling under the purview of the FAA Office of Accident Investigation and Prevention (...
			6.1.2.2 Accident investigations conducted by the NTSB or investigations delegated to the FAA, in which an ACSI participates, have important consequences. The purpose of these investigations is to ensure that all facts and circumstances leading to and ...
			6.1.2.3 During an investigation, the FAA has nine specific responsibilities, all of which are important in determining the causal factors of an accident. Order 8020.11 defines those responsibilities (see http://www.faa.gov/regulations_policies/orders_...
	6.2 Responsibilities.
		6.2.1 Office of Airports Participation in Investigations.
			6.2.1.1 Operations Centers.
			6.2.1.2 Airport Safety and Operations Division.
		6.2.2 Office of Airport Safety and Standards Responsibilities.
			6.2.2.1 AAS-300 is the primary contact and focal point in the Office of Airport Safety and Standards (AAS) for coordinating accident and incident investigations with AVP and the assigned FAA Investigator-in-Charge (FAA IIC). Per FAA Order 8020.11, an ...
			6.2.2.2 Upon receiving notification of an accident/incident from AVP-100, AAS-300 will make a determination as to whether AAS-300 personnel or Regional ACSIs (or both) will participate in the accident investigation. AAS-300 will then make the appropri...
			6.2.2.3 Upon receipt of accident or incident information from AVP-100 or any other source that might involve airport functions, AAS-300 will make a preliminary report to AAS-1 and other interested divisions and branches.
			6.2.2.4 AVP-100 may ask AAS-300 to provide Airports specialists in areas other than airport certification. Upon receipt of such a request, AAS-300 will contact the appropriate Airports organization to identify and provide the specialty needed.
			6.2.2.5 AAS-300 will advise AAS-1 and other appropriate divisions and branches of any involvement of Airports functions that may be discovered during the accident/incident investigation.
			6.2.2.6 During the course of an investigation, participating AAS-300 personnel will give special emphasis to—
			6.2.2.7 If during the course of the investigation, participating AAS-300 personnel find possible violations of Part 139, they will immediately notify the AAS-300 Division Manager for consideration of additional staff assignment (not participating in t...
			6.2.2.8 All Airports representatives will report to the FAA IIC, who will make group assignments. FAA personnel may be assigned to an NTSB working group when their expertise is required. Normally, Airports representatives will be assigned to the Opera...
			6.2.2.9 The FAA may participate in a military accident investigation when an FAA function is involved, including at an FAA certificated joint-use or shared-use airport possibly associated with an accident/incident. An FAA IIC will be assigned who will...
			6.2.2.10 Under the provisions of International Civil Aviation Organization (ICAO) Annex 13, the U.S. may be party to investigations of accidents on foreign soil. In addition, foreign accident investigations may include U.S. technical experts at the re...
		6.2.3 Regional Airports Division Participation and Responsibilities.
			6.2.3.1 Regional Airports Division personnel may participate in an accident investigation.
			6.2.3.2 Regional Airports Division Managers will make arrangements for receiving immediate notification of accidents and incidents from the Regional Operations Center (ROC) and other sources, as appropriate.
			6.2.3.3 Upon receiving notification that an accident/incident has occurred involving Airports functions, the Regional Airports Division will coordinate with AAS-300. If regional participation is determined to be appropriate, the Regional Airports Divi...
			6.2.3.4 In order to maintain impartiality, when the participating ACSI observes or is aware that an alleged Part 139 deficiency might have occurred before or after the accident, the ACSI must immediately notify the AAS-300 Division Manager. If determi...
			6.2.3.5 If requested, the Regional Airports Division must provide a specialist other than an ACSI to participate in the accident investigation. If so, the specialist will be instructed in the proper procedures to be followed by the other participants ...
			6.2.3.6 As directed by the FAA IIC, an investigation will be made into those items of an airport operator’s responsibility that are pertinent to the accident or incident on the airport.
		6.2.4 Duties of all ARP Participants.
	6.3 Investigation Procedures.
		6.3.1 Accident/Incident Investigation Guidelines.
			6.3.1.1 General.
			6.3.1.2 Access to the Wreckage Site.
			6.3.1.3 Safety Equipment.
			6.3.1.4 Exposure Control.
				6.3.1.4.1 During assigned accident investigations, Airports investigators must comply with Occupational Safety and Health Administration (OSHA) requirements as specified in an established Exposure Control Plan. During investigations, Airports personne...
				6.3.1.4.2 The minimum elements of an Exposure Control Plan include:
			6.3.1.5 Preservation of Evidence.
			6.3.1.6 Immediate Safety Response.
			6.3.1.7 Release of Information.
			6.3.1.8 Witness Statements.
				6.3.1.8.1 ACSIs called upon to conduct witness interviews should review the requirements and procedures detailed in Order 8020.11.
				6.3.1.8.2 Oral Statements.
				6.3.1.8.3 Exclusion of the FAA from Interview.
		6.3.2 Investigation to Determine Status of Part 139 Compliance at the Time of the Accident.
			6.3.2.1 During an investigation, the IIC might ask ACSIs to investigate an incident/accident specifically to determine compliance with Part 139, as compliance with Part 139 may be pertinent to determining the cause of the accident.
			6.3.2.2 To determine Part 139 compliance at the time of the accident, the investigator must—
			6.3.2.3 ACSIs and FAA managers should always be alert for issues that warrant corrective action, whether found as a result of an accident/incident investigation or discovered during the conduct of other FAA duties. Any condition discovered during the ...
	6.4 Safety Recommendations.
		6.4.1 Development of Accident Prevention and Corrective Action Recommendations.
			6.4.1.1 The main purpose of accident/incident investigations is prevention. The FAA Safety Recommendation program is one of the processes used to identify and correct safety deficiencies to ensure prevention.
			6.4.1.2 Accident prevention recommendations related to deficiencies that involve design, operations, or maintenance practices or to establish standards, procedures, or policies may be developed subsequent to any accident/incident investigation. As dev...
			6.4.1.3 AAS-300 will serve as the liaison and focal point for all safety recommendations assigned to ARP by AVP. This will include safety recommendations received from either the NTSB or through the FAA Safety Recommendation program (Order 8020.11) fr...
				6.4.1.3.1 AAS-300 will assign one safety specialist as the liaison for this program. This specialist will maintain contact with AVP-400 and will be assigned access to the FAA/NTSB Safety Recommendation System (FNRS) by AVP. The liaison will maintain a...
				6.4.1.3.2 For most NTSB recommendations, AAS-300 will also assign a subject matter expert (SME) point of contact (POC) to each assigned recommendation. The liaison will coordinate the administrative handling of the responses, while the SME POC will pr...
				6.4.1.3.3 Safety recommendations (NTSB or FAA) received from AVP often require coordination with the Regions. AAS-300 will determine when coordination is necessary and will work with the liaison in getting coordination documents to the field and assig...
			6.4.1.4 AAS-300 will also evaluate and respond to both NTSB and AVP-400 (Recommendations Branch) safety recommendations as published for recommendations made about items under the authority of AAS.
			6.4.1.5 When developing a safety recommendation subsequent to an accident investigation, an Airports investigator will prepare a memorandum that briefly describes the accident and the areas that are deficient. Sufficient details and/or substantiating ...
			6.4.1.6 AAS-300 reviews all recommendations received to ensure they have practical and realistic safety potential and then forwards them to AVP-400. AVP-400 coordinates safety recommendations received through the Safety Recommendation Review Board (SR...
			6.4.1.7 For those safety recommendations submitted by AAS-300 or Regional ACSIs as part of their participation in an accident/incident investigation, AAS-300 reviews the return response received from AVP and notifies AVP of the results of its evaluati...
				6.4.1.7.1 The purpose of the final review by AAS-300 is to evaluate the response to each recommendation.
				6.4.1.7.2 As AAS-300 was the originating office, it may reject the response received from AVP for valid reasons. As necessary, AAS-300, in conjunction with AVP, will take additional measures to resolve the safety issue identified by the recommendation...
Chapter 7. Inspector Training, Qualifications, and Credentials
	7.1 Purpose.
	7.2 Background.
	7.3 Policy.
		7.3.1 Individuals meeting the eligibility criteria stated in Paragraph 7.6 will be issued ACSI’s credentials.
		7.3.2 As set forth in this Order, only persons who have been issued ACSI credentials that remain current in accordance with paragraph 7.9.3, or who hold temporarily hold inspection authorization as described in Paragraph 7.11, will perform the duties ...
	7.4 Approval Authority.
	7.5 Responsibilities.
		7.5.1 Headquarters Responsibilities.
		7.5.2 Regional Management Responsibilities.
		7.5.3 AAS-300 Staff Responsibilities.
	7.6 Criteria for Eligibility.
	7.7 Inspector Training.
		7.7.1 The minimum training to be completed prior to issuance of ACSI credentials includes the following:
		7.7.2 Additional Training.
			7.7.2.1 Mandatory Course.
			7.7.2.2 Recommended Courses.
		7.7.3 Waiver Authority for Inspector Training.
			7.7.3.1 The AAS-300 Division Manager is the waiver authority for inspector training course qualifications. Personnel requesting exemption from a course must provide sufficient and verifiable justification. Acceptable justification would be confirmatio...
			7.7.3.2 Waiver requests must be forwarded in memorandum format through the Regional Division or Branch Manager and then to AAS-300 Manager.
	7.8 Aviation Background/Experience.
	7.9 On-the-Job Training (OJT).
		7.9.1 Pre-inspection File Review.
		7.9.2 Onsite Certification Inspection.
			7.9.2.1 Observation.
			7.9.2.2 Supervised Inspections.
		7.9.3 Evaluation of OJT Assignments.
			7.9.3.1 Upon a candidate’s completion of all OJT assignments, the credentialed ACSI will evaluate the candidate’s OJT performance and prepare a brief written appraisal indicating the ability of the ACSI candidate to perform the duties of an independen...
			7.9.3.2 If the appraisal is satisfactory, it will be forwarded to the Regional 620 Branch Manager, who will request that AAS-300 issue credentials.
			7.9.3.3 If the appraisal is unsatisfactory, the credentialed inspector must inform the Regional Management staff and the AAS-300 Division Manager.  Options should be discussed to determine if additional time or individualized training will ensure succ...
	7.10 Currency Requirements.
		7.10.1 To perform the inspection duties prescribed in this Order, credentialed inspectors must maintain currency by undertaking the following:
		7.10.2 If a Regional ACSI fails to remain currently qualified, the Regional Division Manager must ensure that the ACSI returns his/her credentials to AAS-300 within 30 days after currency qualifications expire.
			7.10.2.1 The AAS-300 Division Manager will request the Regional Airports Division Manager secure and return the credentials of any ACSI in his/her organization whose currency has lapsed by more than 30 days.
		7.10.3 AAS-300 staff specialists who obtain ACSI credentials and act as a liaison are required to maintain proficiency in airport inspection by conducting at least 1 inspection every 6 months.
	7.11 Temporary Inspection Authorization.
		7.11.1 When required to achieve program objectives, AAS-1 may temporarily issue credentials to individuals who have not met the minimum criteria for full credentials listed in Paragraph 7.7. Such individuals must have significant experience in airport...
		7.11.2 Requests for issuance of temporary ACSI credentials are made to the AAS-300 Division Manager and must include—
	7.12 ACSI Credentials.
		7.12.1 Application for Credentials.
			7.12.1.1 Application for credentials must be made to the AAS-300 Division Manager on DOT F 1681, Credential Application. The applicant’s region and routing number is entered under the section named “Office Routing Symbol”.
			7.12.1.2 Upon receipt of the application, AAS-300 will forward the requested number of credentials to the Region for distribution to eligible applicants for signature.
			7.12.1.3 The Regional office encloses the signed credentials in an envelope and mails them.
			7.12.1.4 Application forms and credentials must be sent via overnight delivery to ensure expeditious handling and security.
		7.12.2 Issuance, Accountability, and Control of Credentials.
			7.12.2.1 The AAS-300 Division Manager is responsible for the issuance and control of ACSI credentials.
			7.12.2.2 Once the credentials are processed, AAS-300 will return the credentials to the applicant. Each Regional office will maintain an up-to-date record of all current credentials holders within the Region.
			7.12.2.3 AAS-300 will maintain a file of all original credential applications (DOT F 1681).
			7.12.2.4 Accredited personnel who transfer from one Region to another and whose duties remain unchanged may retain their credentials, but AAS-300 must be notified in writing by the manager releasing the ACSI of the transfer of accountability.
			7.12.2.5 The ACSI’s credential consists of the FAA Form 5280-5. It includes the photograph, title, and signature of the holder and is signed by the Director of the Office of Airport Safety and Standards (AAS-1), as the approving authority, or a designee.
		7.12.3 Use of Credentials.
			7.12.3.1 ACSIs may only use credentials in the conduct of official business.
			7.12.3.2 Holders of credentials are responsible for their proper safekeeping at all times. Credentials must not be left unattended.
			7.12.3.3 Misuse or improper possession of credentials can subject the offender to disciplinary actions or possible penalty under Title 18 of the U.S. Code, Crimes and Criminal Procedures.
		7.12.4 Lost, Stolen, or Damaged Credentials.
			7.12.4.1 The ACSI’s credentials are Government property. If credentials are lost or stolen, the ACSI must notify the Regional Airports Division Manager immediately. This must be confirmed in writing by the ACSI to AAS-300, citing the circumstances sur...
			7.12.4.2 Reasonable effort should be made to locate the missing credentials. If this cannot be done within a reasonable time or if the recovered credentials are damaged to the extent they can no longer provide adequate identification, the ACSI may app...
			7.12.4.3 Upon receipt of a properly executed application and written explanation of the loss of credentials, AAS-300 will begin processing a replacement.
			7.12.4.4 AAS-300 must notify the Office of Civil Aviation Security (ASH-1) in writing of the loss of credentials.
		7.12.5 Surrender of Credentials.
		7.12.6 Destruction of Credentials.
		7.12.7 Reissuance of ACSI Credentials
			7.12.7.1 ACSIs who have been out of the program for more than 12 calendar months in order to regain credentials must—
			7.12.7.2 ACSIs who have been out of the program for more than 6 months, but less than 12 calendar months, in order to regain credentials must—
	7.13 Inspector Exchange Program.
		7.13.1 It is recommended each credentialed ACSI participate in at least one out-of-Region inspection biennially to observe the different techniques used by other ACSIs.
		7.13.2 ACSIs may be asked to conduct out-of-Region inspections in Regions where there is a shortage of ACSIs.
	7.14 Recurrent Training (FAA Academy).
Chapter 8.  Petitions for Exemptions
	8.1 Purpose.
	8.2 General.
		8.2.1 A petition for exemption is a request from a member of the public to be exempted from the requirements of a rule or regulation (see 14 CFR § 11.15, What is a petition for exemption?). Section 139.111 permits applicants for an Airport Operating C...
		8.2.2 The FAA Office of Rulemaking’s (ARM’s) Exemption Process Work Instruction  provides guidance on the procedures used to process petitions for exemption. In general, ARM reviews the petition to determine if it meets the requirements of Part 11, co...
		8.2.3 An AAS-300 staff specialist is assigned the exemption and works with regional ARP staff to provide the analysis and research to assist the ARM analyst assigned with drafting decision documents. This process uses the templates and work instructio...
	8.3 Receipt of the Petition for Exemption.
		8.3.1 Petitioners seeking relief from Part 139 must file their petition for exemption in duplicate with two separate offices (§139.111(c)):
			8.3.1.1 Appropriate FAA Regional Airports Division Manager in whose area the airport is or will be established.
			8.3.1.2 Department of Transportation (DOT). Submit paper copies to DOT Docket Operations (see § 11.63 for street address) or file electronically via http://www.regulations.gov/.
		8.3.2 The Regional Airports Division will contact the AAS-300 staff specialist assigned to their Region within 3 business days to advise receipt of the petition. Although ARM will also notify AAS-300 when a petition for exemption is received through R...
	8.4 Processing the Petition.
		8.4.1 Initial Review for Compliance.
			8.4.1.1 Petitions for exemption must be submitted in writing at least 120 days before the proposed effective date of the exemption. ARM verifies that the petition complies with Part 11. Each petition must:
			8.4.1.2 Under §139.111, applicants or certificate holders may petition the FAA generally (§139.111(a)) for an exemption from any requirement in part 139 or specifically (§139.111(b)) for an exemption from the ARFF requirements of §§ 139.317 (equipment...
		8.4.2 Petitions for Relief from ARFF Regulations.
			8.4.2.1 Under 49 U.S.C. 44706(c), the Administrator may exempt an applicant or certificate holder that enplanes annually less than one-quarter of 1 percent of the total number of passengers enplaned at all air carrier airports from all, or part, of th...
			8.4.2.2 In consultation with the Regional Airports Division, AAS-300 ensures that the regulatory requirements in §139.111(b) are followed.
		8.4.3 Petitions Not Meeting Requirements.
		8.4.4 Petitions Meeting the Requirements.
		8.4.5 Federal Register and Public Comment.
			8.4.5.1 If the petition meets the requirements for precedent setting as outlined in §11.81, ARM drafts a Federal Register Notice, which includes a summary of the petition.
			8.4.5.2 Typically, the public is given 20 calendar days to comment, but the comment period may be extended. Public comment can be received by mail or through www.regulations.gov, as described in the notice.
			8.4.5.3 The FAA must address all comments in the Agency' exemption decision document and subsequently publish the decision document in the docket.
		8.4.6 Time Requirements.
	8.5 Analysis of the Petition.
		8.5.1 For exemptions to § 139.317 or § 139.319, the Regional Airports Division completes and attaches the ARFF Exemption Evaluation tool to the briefing paper.
			8.5.1.1 AAS-300’s analysis will focus on the petitioner’s justification that safety will not be adversely affected and that the exemption is in the public interest. The AAS-300 staff specialist will consider the following during the analysis:
			8.5.1.2 The Office of the Chief Counsel (AGC), specifically AGC-200, may also be involved in this process. AAS-300 will consult with ARM to determine when AGC’s involvement is required.
	8.6 Procedures for Granting or Denying the Petition for Exemption.
		8.6.1 The AAS-300 staff specialist is responsible for preparing FAA’s analysis with the Regional Airports Division. Once the analysis is complete, AAS-300 and the Region will brief ARP-1/2 and AAS-1 on the results of final analysis and recommended act...
			8.6.1.1 Decision to Grant.
			8.6.1.2 Decision to Deny.
			8.6.1.3 Partial Grant of Exemption.
		8.6.2 Decision Document.
			8.6.2.1 AAS-300 is responsible for drafting the decision document that will describe the basis for the decision and any conditions or limitations. AAS-300 then forwards this document to ARM for final analysis.
			8.6.2.2 ARM will review and edit the decision document to make certain that all of the petitioner’s key points have been addressed; ensure the exemption reads with a professional and appropriate tone; and ensure the document is in the appropriate temp...
			8.6.2.3 AAS-1 signs the final document and returns the package to ARM.
			8.6.2.4 ARM finalizes the package and assigns an exemption number. ARM enters the exemption into a database for agency distribution and then sends the final decision document to the petitioner.
			8.6.2.5 AAS-300 forward copies of the final documents to the Regional Airports Division so copies can be placed in the airport’s certification file and the information entered into CCMIS.
	8.7 Petition for Reconsideration.
		8.7.1 Petitioners may request the FAA reconsider a denial. Section 11.101 requires a petition for reconsideration to be filed with the Administrator within 60 days after a petitioner is notified of a denial of exemption. For the FAA to accept a petiti...
		8.7.2 The procedures for processing a petition for reconsideration are the same as those for processing a denial or grant of petition for exemption.
	8.8 Exemption Expiration and Petition for New Exemption.
	8.9 Exemptions for Non-certificated Airports with Special Events Triggering Part 139.
		8.9.1 Certain special events at non-certificated airports may include operations that would require the airport to hold an AOC. In these cases, it may be costly and unduly burdensome to require the airport to obtain and maintain an AOC for longer than...
		8.9.2 Similar to other exemption petitions, AAS-300 is responsible for analyzing the request. Airports should be advised to submit their request at least 120 days prior to the special event.
		8.9.3 The FAA may require the airport to take certain actions to ensure an equivalent level of safety is achieved during the event. These actions will be identified in the FAA’s decision document. For example, the airport may be required to:
		8.9.4 If the Region is aware of a recurring short-term exemption, the Region should coordinate with the certificate holder to establish an equivalent level of safety prior to the submittal.
		8.9.5 Duration of Exemption.
Chapter 9. Participation in Safety-Related Activities
	9.1 Purpose.
		9.1.1 As subject matter experts in airport certification, ACSIs may be called upon to attend and participate in any number of events related to airport certification and aviation safety. An ACSI may focus on workgroups that wish to comply with certifi...
		9.1.2 Any airport planning or training event related to airport certification would benefit from ACSI involvement, but an ACSI must be circumspect in scheduling participation to ensure their time is effectively focused on the most salient issues. Impo...
		9.1.3 ACSIs should coordinate participation in workgroups or giving presentations at an industry event with Regional management prior to the event. These activities should focus strictly on airport certification. Any participation or recommendations m...
		9.1.4 ACSIs may participate in Safety Risk Management (SRM) Panels upon request. SRM Panels are enacted to provide an in-depth examination of hazards and risks associated with a project proposal. Panel members should be considered subject matter exper...
			9.1.4.1 The Office of Airports Safety Management System (SMS) Desk Reference is a valuable tool to consult if selected to participate in a SRM Panel.
	9.2 Airport Emergency Plan (AEP) Exercises.
		9.2.1 ACSIs should attend as many full-scale triennial disaster exercises as time and funding allow. There is great benefit to attending exercises at all airports, but given resource issues, ACSIs should concentrate on exercises at larger, more comple...
		9.2.2 An exercise should not only be a learning experience for airport/emergency personnel, but also an opportunity for the ACSI to evaluate the AEP first-hand. ACSIs should not be formal evaluators during the exercise, as it would limit their ability...
		9.2.3 AEP table-top review exercises are equally important to airports in updating their AEP and preparing for their required triennial exercise. Thus, as availability and funding allow, Regions should consider attending table-top planning exercises t...
	9.3 Pre-design/Pre-construction Conferences.
	9.4 Inspection of Construction Projects.
	9.5 Joint Planning Conferences (JPCs).
	9.6 Runway Safety Action Team (RSAT) Meetings.
	9.7 Other Safety-Related Events.
Chapter 10. Program Evaluations, Staff Visits, and staff REgional liaisions
	10.1 Purpose.
		10.1.1 This Chapter provides guidance to personnel conducting a formal program evaluation or staff visit.
		10.1.2 Formal evaluations and staff visits help determine the effectiveness of Regional Airport Certification Programs. FAA Order 1100.154, Delegations of Authority, provides national policy on evaluations and staff visits. The guidelines in this Chap...
	10.2 Formal Evaluations.
		10.2.1 AAS-300 will—
		10.2.2 Formal evaluations—
	10.3 Staff Visits.
		10.3.1 AAS-300 will—
		10.3.2 The visit will concentrate on airport certification issues and other issues proposed by AAS-300 or the Region.
		10.3.3 The visit will result in an informal trip report documenting findings and discussions. It will highlight any follow-up questions and actions items for the Region and the AAS-300 team.
	10.4 AAS-300 Staff Regional Liaisons.
		10.4.1 The AAS-300 Manager will designate each AAS-300 airport certification staff specialist as a Staff Regional Liaison for one or more Regions. The intent of this role is to foster and maintain open communication and information flow between Region...
		10.4.2 The Regional Liaison will be responsible for the following actions:
	10.5 AAS-300 Evaluation of CCMIS Program Entries.
Chapter 11. Reports, Correspondence, and Records
	11.1 Purpose.
	11.2 Correspondence and Reports from ACSIs to Certificate Holders.
		11.2.1 ACM Transmittal Letter (Appendix E).
		11.2.2 Certificate Action Letter (Appendix D).
		11.2.3 Closeout Letters.
			11.2.3.1 Inspection Closeout Letter (Appendix I).
			11.2.3.2 Completion of Corrective Action (Appendix L).
			11.2.3.3 Investigation Closeout Letter (Appendix N).
		11.2.4 Inspection Confirmation Letter (Appendix F).
		11.2.5 Letter of Investigation (Appendix M).
		11.2.6 Warning Letter and Compliance Letter (Appendices J and K).
			11.2.6.1 A Warning Letter must be used when a violation appears to have occurred, corrective action has been taken, and no legal enforcement action is warranted. The Warning Letter must state the event or condition involved, that such operations or pr...
			11.2.6.2 Criteria for use, format, and content and a sample Compliance Letter and Warning Letter are contained in Order 2150.3.
	11.3 Correspondence and Reports from Regional Airports Divisions to Headquarters.
	11.4 Correspondence and Reports from Headquarters to Regional Airports Divisions.
	11.5 Airport Certification Records.
		11.5.1 Each Regional Airports Division must maintain the following records for each certificated airport:
		11.5.2 Record-keeping Requirements.
			11.5.2.1 Individual airport files should be kept for at least 3 years; they then should be transferred to an Archive Correspondence file and retained until they are transferred to the Federal Records Center. Correspondence and individual files may be ...
			11.5.2.2 Suspense file storage and disposition must follow FAA Order 1350.4, Records and Management.
	11.6 General Instruction for Completing the Airport Master Record (Form 5010-1) and A-26 and A-110 Remarks.
		11.6.1 Responsibility.
		11.6.2 Safety Information.
		11.6.3 Process.
		11.6.4 Criteria for Entries/Remarks.
	11.7 General Instruction for Completing the Airport Certification/Safety Inspection Checklist (Form 5280-4)
		11.7.1 For airport operators holding or applying for an AOC, Form 5280-4 must be used for the initial inspection, periodic inspections, follow-up inspections, and surveillance inspections.
		11.7.2 The following definitions apply when completing Form 5280-4:
	11.8 Inspection Reports.
	11.9 Certification and Compliance Management Information System (CCMISNet).
		11.9.1 CCMISNet is a web-based program that contains information on certificated airports and the results of inspections. ACSIs must enter the appropriate inspection data into CCMISNet as soon as practicable, but not later than 7 days after the comple...
		11.9.2 It is imperative that all entries in CCMISNet are accurate and concise. Information contained in this system is subject to review by management, legal counsel, and potentially by the general public.  They must fully explain what the discrepancy...
		11.9.3 Plain language is recommended; ensure all entries are spell checked and grammatically sound.
		11.9.4 The following tabs are used in CCMISNet:
Appendix A. U.S. Government-Owned Airports Certificated Under 14 CFR Part 139
Appendix B. Application for Certificate (FAA Form 5280-1)
Appendix C. Airport Operating Certificates
Appendix D. Certification Action Letter
Appendix E. Airport Certification Manual Transmittal Letter
Appendix F. Inspection Confirmation Letter
Appendix G. Airport Certification/Safety Inspection Checklist (FAA Form 5280-4)
Appendix H. Aircraft Rescue Fire Fighting Enhanced Checklist
Appendix I. Inspection Closeout Letter
Appendix J. Sample Warning Letter
Appendix K. Compliance Letter
	K.1 Sample Compliance Letter (Long Format)
Appendix L. Letter Acknowledging Completion of Corrective Action
Appendix M. Letter of Investigation
Appendix N. Investigation Closeout Letter
                        
Document Text Contents
Page 1

National Policy

Distribution: Electronic Initiated by: AAS-300

ORDER

NUMBER

5280.5D

Effective Date:

11/7/2016

SUBJ: Airport Certification Program Handbook

1 Purpose.

This Order provides FAA personnel with the policies, standards, and procedures for

conducting the Airport Certification Program. This Order helps ensure standardization

and uniformity in the application of the program and in enforcing Title 14 Code of

Federal Regulations (CFR), Part 139, Certification of Airports (Part 139).

2 Cancellation.

This Order cancels Order 5280.5C, Airport Certification Program Handbook, dated

September 8, 2006.

3 Application.

This Order applies to all Airport Certification Safety Inspectors for use in enforcing

Title 14 Code of Federal Regulations (CFR), Part 139, Certification of Airports.

4 Distribution.

This Order is distributed to the division level of the Office of Airport Safety and

Standards. the Office of Airport Compliance, and the Office of Airport Planning and

Programming; to the branch level of Regional Airports Divisions; to all Airport District

Offices; and to the division level of Regional Flight Standards, Air Traffic, Airway

Facilities, and Aviation Security offices.

5 Feedback on this Order.

If you have suggestions for improving this Order, you may use the Order Feedback

form at the end of this Order.

Michael J. O’Donnell

Director, Office of Airport Safety and Standards

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11/7/2016 Order 5280.5D

CONTENTS

Paragraph Page

ii

Chapter 1. Administration ......................................................................................... 1-1

1.1 Introduction. .................................................................................................................. 1-1

1.2 Systems for Communicating Information about the Airport Certification Program. ... 1-2

Chapter 2. Certification Process ............................................................................... 2-1

2.1 Purpose. ......................................................................................................................... 2-1

2.2 Section 139.1. Applicability. ........................................................................................ 2-1

2.3 Airport Classifications. ................................................................................................. 2-1

2.4 Section 139.3, Delegation of Authority. ....................................................................... 2-2

2.5 Section 139.5, Definitions............................................................................................. 2-2

2.6 Section 139.7, Methods and Procedures for Compliance. ............................................ 2-2

2.7 Section 139.101, General Requirements. ...................................................................... 2-2

2.8 Section 139.103, Application for Certificate. ............................................................... 2-3

2.9 Section 139.105, Inspection Authority. ........................................................................ 2-4

2.10 Section 139.107, Issuance of Certificate....................................................................... 2-4

2.11 Section 139.109, Duration of Certificate. ..................................................................... 2-7

2.12 Section 139.111, Exemptions. ...................................................................................... 2-8

2.13 Section 139.113, Deviations. ........................................................................................ 2-8

2.14 Change of Ownership. .................................................................................................. 2-9

2.15 Section 139.115, Falsification, Reproduction, or Alteration of Applications,
Certificates, Reports, or Records. ................................................................................. 2-9

Chapter 3. Airport Certification Manual .................................................................... 3-1

3.1 Purpose. ......................................................................................................................... 3-1

3.2 Section 139.201, General Requirements. ...................................................................... 3-1

3.3 Section 139.203, Contents of the Airport Certification Manual. .................................. 3-1

3.4 Section 139.205, Amendment of the Airport Certification Manual. ............................ 3-2

Chapter 4. Inspection Process .................................................................................. 4-1

4.1 Purpose. ......................................................................................................................... 4-1

4.2 Types of Inspections. .................................................................................................... 4-1

4.3 Inactive Status. .............................................................................................................. 4-2

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5.4 Compliance Action for Non-Regulatory Issues.

ACSIs may use compliance action to encourage regulated persons to adopt best

practices of a non-regulatory nature by making recommendations and suggestions with

regard to other safety concerns, which have been identified. Such recommendations

may be made independent of, or in conjunction with, compliance, administrative, or

legal enforcement action taken for regulatory non-compliance that also exists. Because

these suggestions to improve operations are non-regulatory in nature, they may be made

notwithstanding the regulated person’s compliance with all applicable regulatory

requirements. However, when recommendations are made in conjunction with any

compliance, administrative, or legal enforcement actions taken for regulatory non-

compliance, the recommendations and suggestions must be clearly identified as non-

regulatory in nature and set apart from both the statement of facts and circumstances

constituting the statutory or regulatory non-compliance and the agreed-upon corrective

action.

Recommendations. 5.4.1

ACSIs may use recommendations to suggest to the airport improvements or best

practices not required by regulation. The ACSI may draft a document containing

recommendations and suggestions. Airports do not have to implement

recommendations. Examples of recommendation include—

1. Best practices for airport operations, such as daily inspections, snow and ice
removal, and foreign object debris detection.

2. Areas that may be in compliance with the regulation at the time of the inspection,
but may become a discrepancy if the airport fails to monitor and correct. This can

include markings that may be marginal, but acceptable, at the time of inspection, but

are likely to be out of compliance by the next periodic inspection.

5.5 Administrative Action.

Administrative. 5.5.1

Administrative action includes Compliance Letters (previously known as Letters of

Correction or LOCs) and Warning Letters. The border between compliance and

administrative actions within ARP is not as distinct in other Lines of Businesses.

Compliance Letters and Warning Letters are designed to identify regulatory

discrepancies that do not require legal enforcement and provide a reasonable date for

the airport to correct those deficiencies.

Compliance Letter. 5.5.2

The Compliance Letter documents all regulatory discrepancies found during the

inspection and should be used when there is agreement with the certificate holder that

corrective action, acceptable to the FAA, will be taken within a reasonable and

specified date in time.

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5-7





5.5.2.1 The Compliance Letter usually confirms a discussion with the certificate
holder in which a violation is acknowledged and appropriate corrective

action initiated. It might also describe non-regulatory discrepancies and

areas needed for improvement.

5.5.2.2 The Compliance Letter must not be used only to forward suggestions and
recommendations for improvement. ACSIs use the Compliance Letter

primarily to bring regulatory non-compliance issues to the attention of a

violator and document action that has or will be taken to correct conditions

that are in violation of statutory or regulatory requirements.

5.5.2.3 If the certificate holder has not completed corrective action when the
ACSI issues a Compliance Letter, the ACSI must ensure the airport

completes the action in a timely manner and determine whether legal

enforcement is required. Any continuation of the non-compliance

condition/practice or failure of the certificate holder to fulfill its

commitment following receipt of the letter may result in legal enforcement

action.

5.5.2.4 The Compliance Letter will specify a date for completing actions related
to the violation. An airport operator who does not complete the items in

the Compliance Letter by the agreed-upon date must document to the

ACSI why it failed to come into compliance by the date. ACSIs must then

decide whether to grant an extension to the compliance date or escalate the

corrective action. If an airport is unwilling or unable to correct the action,

the ACSI and Region must consider additional methods to bring the

airport into compliance and begin legal enforcement. While the FAA’s

Compliance Philosophy does call for working with airports, the

philosophy also requires that certificate holders be willing and able to

correct discrepancies. If they are not, ACSIs should open a new EIR and

initiate legal enforcement action against the apparent violator for both the

past and any current violations.

Warning Letter. 5.5.3

The Warning Letter, while also an administrative action, is considered more serious

than a Compliance Letter. Unlike a Compliance Letter, which documents the

agreement between the airport and the ACSI on how to correct the non-compliance, the

Warning Letter:

1. States the facts and circumstances of the incident/discrepancy involved;

2. Advises that on the basis of available information, such operations or practices are
contrary to the regulations;

3. States the matter has been corrected and does not warrant legal enforcement action;
and

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11/7/2016 Order 5280.5D

N-1

APPENDIX N. INVESTIGATION CLOSEOUT LETTER

(Date)

File Number: (EIR Number)

Mr./Ms. (Name)

(Title)

(Airport)

(Street Address)

(City, State ZIP)

Dear Mr./Ms. (Name):

(Airport)

(City, State)

Closing of Investigation

Federal Aviation Regulation (14 CFR) Part 139

On (Date), we advised you that the Federal Aviation Administration was investigating an

incident that reportedly involved (Brief description of incident).

This letter is to inform you that the investigation of this incident, which occurred on (Date of

incident), has not established a violation of 14 CFR Part 139. You may consider the matter

closed as it relates to Part 139.

Sincerely,

(ACSI’s Name)

Airport Certification Safety Specialist

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