[Federal Register Volume 59, Number 42 (Thursday, March 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4872]


[[Page Unknown]]

[Federal Register: March 3, 1994]


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Part VI





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Part 157




Construction, Alteration, Activation, and Deactivation of Airports; 
Final Rule
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 157

[Docket No. 25708, Amendment No.      157-6]
RIN 2120-AE52

 
Construction, Alteration, Activation, and Deactivation of 
Airports

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Disposition of comments to final rule.

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SUMMARY: On July 24, 1991, the FAA issued a final rule concerning part 
157 of the Federal Aviation Regulations that deleted an impending 
requirement to provide 90 days advance notice of construction, 
alteration, activation, and deactivation of certain temporary airports 
and heliports located within a specified distance from another airport; 
revised the applicability section of part 157 to exclude proposals 
involving the intermittent use of sites that are not established 
airports; and clarified that telephone notice for certain emergency or 
unreasonable hardship situations be directed to the appropriate 
Airports District/Field Office or Regional Office. The final rule 
revised certain provisions contained in a previous amendment to this 
part before the effective date of that amendment. The final rule became 
effective on August 30, 1991. The public was invited to submit comments 
on the final rule by November 21, 1991. Based on the comments received, 
the FAA has determined that no further rulemaking action is necessary.

FOR FURTHER INFORMATION CONTACT:
Mr. Joseph C. White, Air Traffic Rules Branch, ATP-230, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Background

    On October 4, 1988, the FAA published a notice of proposed 
rulemaking (notice No. 88-15, 53 FR 39062) that addressed certain 
safety issues concerning the construction, alteration, activation, and 
deactivation of airports. On August 27, 1990, the FAA published a final 
rule (amendment No. 157-4, 55 FR 34994), based on the proposals 
contained in Notice No. 88-15 and the public comments to that notice. 
Amendment No. 157-4: (1) Established a requirement to provide notice to 
the Administrator prior to establishing or changing a traffic pattern 
or traffic pattern altitude; (2) defined a new term, ``private use of 
public lands or waters;'' (3) eliminated the term ``personal use'' as 
an airport use designation; and (4) revised the applicability section 
of part 157 regarding notice criteria.
    Prior to Amendment No. 157-4, part 157 notice criteria applied to 
any proposal to construct, alter, activate, or deactivate a civil or 
joint-use (civil/military) airport except for those proposals 
involving: (1) Certain projects for which Federal aid had been 
requested, and (2) a ``temporary'' airport or aircraft landing or 
takeoff area. The term ``temporary'' meant that the airport or aircraft 
landing or takeoff area was intended to be used solely in visual flight 
rules (VFR) conditions for less than 30 days, with no more than 10 
operations a day. Amendment No.
157-4 revised the temporary airports exclusion from the notice 
requirements of part 157. The amendment provided that only the 
following temporary airports and heliports would be excluded from the 
part 157 notice provisions: (1) Temporary private use airports for 
fixed-wing aircraft and ultralight vehicles that are located beyond 
specified distances from other airports, and (2) temporary private use 
heliports and helicopter landing areas that are located outside a 
control zone, a residential, business, or industrial area, and beyond 
specified distances from other airports and heliports.
    After the publication of Amendment No. 157-4, and before its 
original effective date of February 27, 1991, the FAA received comments 
from aviation organizations and operators regarding the potential 
impact of the revised notice requirement for temporary airports and 
landing areas. To provide time to review and possibly revise Amendment 
No. 157-4, the FAA delayed its effective date until August 30, 1991 
(Amendment No. 157-5, 56 FR 8674, February 28, 1991).
    On July 24, 1991, the FAA published a final rule (Amendment No. 
157-6, 56 FR 33994) that eliminated the impending requirement to 
provide 90 days advance notice of construction, alteration, activation, 
and deactivation of certain temporary airports and heliports. Amendment 
No. 157-6 also revised the applicability section of part 157 to exclude 
proposals involving the intermittent use of sites that are not 
established airports. The ``intermittent use of a site'' means that the 
site is used or intended to be used in VFR conditions for no more than 
three days in any one week with no more than 10 operations a day. 
Finally, Amendment No. 157-6 clarified that telephone notice for 
certain emergency or unreasonable hardship situations should be 
directed to the appropriate FAA Airports District/Field Office or 
Regional Office. Amendment No. 157-6 and Amendment No. 157-4 (with the 
revisions noted above) became effective on August 30, 1991.
    The FAA invited comments on amendment No. 157-6. The FAA stated 
that the request for comments to Amendment No. 157-6 did not represent 
a reopening or reconsideration of the proposals in notice No. 88-15, or 
of the revisions resulting from amendment No. 157-4 that were not 
revised or otherwise affected by amendment No. 157-6. Therefore, issues 
relating to the notice requirement for a change to, or the 
establishment of an airport traffic pattern; the elimination of the 
term ``personal use'' as an airport use designation; and other changes 
resulting from amendment No. 157-4 will not be specifically addressed 
in this document.

Discussion of Comments

    The FAA received eleven comments to amendment No. 157-6. Eight 
commenters address changes resulting from amendment No. 157-4 that were 
not revised or affected by amendment No. 157-6. As discussed above, 
such changes will not be discussed in this document.
    One commenter does not believe that there was a need for 
regulations to require notice of temporary aircraft operations to and 
from a landing site that is not intended to be used as a permanent 
airport or heliport. Amendment No. 157-6 provides that notice of 
temporary airports and landing or takeoff areas would be required if 
the airport will be used (other than on an intermittent basis) for a 
period of more than 30 days, or if more than 10 operations will be 
conducted a day. The FAA believes that a level of activity in excess of 
10 operations a day warrants closer examination for appropriate 
consideration of the potential impact to adjacent airspace users.
    Several commenters believe that the 90-day advance notification 
requirement would cause economic hardship for certain operators, 
particularly emergency medical service and other helicopter operators.
    Section 157.5(b)(1) provides that ``in an emergency involving 
essential public service, public health, or public safety or when the 
delay arising from the 90-day advance notice requirement would result 
in an unreasonable hardship, a proponent may provide notice to the 
appropriate FAA Airport District/Field Office or Regional Office by 
telephone or other expeditious means as soon as practicable in lieu of 
submitting FAA Form 7480-1.'' The FAA believes that this provision 
provides for adequate relief from the 90-day advance notice 
requirements for emergency medical service helicopter operations and 
other similar emergency or unreasonable hardship situations.
    One commenter disagrees with the provision that excludes from the 
applicability section of part 157 a proposal involving the intermittent 
use of a site that is not an established airport. The commenter 
believes that the provision ``lowers standards'' pertaining to notice 
of construction, alteration, activation, or deactivation of landing 
areas. Further, the commenter believes that the change could provide a 
``loop hole'' for operators whose landing intentions are to rustle 
cattle, transport drugs, or illegally dispose of chemicals. This 
provision was promulgated because there may be a number of reasons for 
multiple operations to a site with no intent to establish an airport 
within the meaning of part 157. For example, medical, firefighting, law 
enforcement, construction, logging, and agricultural functions may 
require repeated flights to and from an accident, incident, 
construction, or other temporary landing site. Certain construction, 
agricultural, and logging functions may not require the continuous use 
of a site over the course of the project but would instead involve 
occasional and infrequent return visits to the site. Prior to Amendment 
No. 157-4, proponents who intended to operate to and from a site on an 
intermittent or sporadic basis for more than 30 days were required to 
notify the FAA 90 days before conducting such an operation. Such notice 
would be required even in a situation involving only two operations to 
the same site when the return visit is conducted 30 or more days after 
the first operation. The FAA believes that the majority of such 
operations would not require or result in the establishment of an 
airport nor constitute an intent to establish an airport.
    With regard to the commenter's concern that the intermittent-use 
exclusion could affect the ability to deter certain illegal activities, 
the primary purpose of part 157 is to establish notice requirements for 
the construction, alteration, activation, or deactivation of certain 
airport, heliport, and aircraft landing area proposals. Such notice 
provides the FAA with an opportunity to conduct an aeronautical study 
of an airport proposal to determine the effects of that proposal on 
neighboring airports, existing or contemplated traffic patterns at 
neighboring airports, and existing airspace environment and projected 
FAA programs. Further, the FAA studies the effects that existing or 
proposed man-made objects and natural objects within the affected area 
would have on the airport proposal. As such, part 157 is not intended 
or designed to assist law enforcement agencies or otherwise prevent or 
deter illegal activity. However, the FAA agrees with the commenter 
regarding the general need for reasonable measures to monitor and deter 
illegal activities. Accordingly, the FAA cooperates with agencies such 
as the United States Customs Service, the Federal Bureau of 
Investigation, the Department of Defense and other Federal and state 
agencies in support of their law enforcement and national security 
missions.

Conclusion

    The FAA has determined, after carefully considering the comments 
submitted in response to amendment No. 157-6, that no further 
rulemaking action is necessary at this time. Amendment No. 157-6 
remains in effect as prescribed by the July 24, 1991, final rule.

    Issued in Washington, DC, on February 25, 1994.
Willie C. Nelson,
Assistant Division Manager, Airspace Rules and Aeronautical Information 
Division.
[FR Doc. 94-4872 Filed 3-2-94; 8:45 am]
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