[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]
_______________________________________________________________________
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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