24VAC5-20 Regulations Governing the Licensing and Operation of Airports and Aircraft and Obstructions to Airspace in the Commonwealth of Virginia

REGULATIONS

Vol. 29 Iss. 2 - September 24, 2012

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

VIRGINIA AVIATION BOARD

Chapter 20

Proposed Regulation

Title of Regulation: 24VAC5-20. Regulations Governing the Licensing and Operation of Airports and Aircraft and Obstructions to Airspace in the Commonwealth of Virginia (amending 24VAC5-20-10, 24VAC5-20-120 through 24VAC5-20-280, 24VAC5-20-300, 24VAC5-20-330).

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.

Public Hearing Information:

November 16, 2012 - 10 a.m. - Metropolitan Washington Airports Authority, 1 Saarinen Circle, Dulles, VA

Public Comment Deadline: November 23, 2012.

Agency Contact: Susan H. Simmers, Senior Airport Planner, Department of Aviation, 5702 Gulfstream Road, Richmond, VA 23250, telephone [phone] ext: 105, FAX [phone], or email [e-mail].

Basis: Under § 5.1-2.2 (5) of the Code of Virginia, the Virginia Aviation Board has the authority to promulgate such rules and regulations relating to airports, landing fields, and other aviation facilities as may be necessary to promote and develop safe aviation practices and operations.

In addition, under § 5.1-7 of the Code of Virginia, the Virginia Aviation Board may, by regulation, adopt any other requirements for the licensure of airports or landing areas that are related to the safety of aircraft using airports or landing areas, which must be licensed in accordance with the section.

The general powers and duties of the Virginia Aviation Board are provided in § 5.1-2.2 and § 5.1-2.2:1. Other actions for which the Virginia Aviation Board has been authorized to participate are found in § 5.1- 2.5 through § 5.1-2.23.

Purpose: The purpose of the proposed action is to consider changes to the regulations regarding airport licensure, with a focus on 24VAC5-20-140, Minimum requirements for licensing, and 24VAC5-20-275, Conditional licenses. The proposed change for 24VAC5-20-140 would align state minimum requirements more closely with Federal Aviation Administration (FAA) standards. The proposed change for 24VAC5-20-275 would modify the process for licensing airports not in compliance with state minimum licensing standards. The modification would offer better defined solutions to address noncompliant conditions and would lead to finite resolutions not currently realized, thereby improving the efficiency of the licensing process. The changes for minimum licensing requirements and conditional licenses will benefit the operation and safety of the statewide air transportation system. Without this proposed regulatory action, some public-use airports would remain in a noncompliant and less safe condition. Noncompliant conditions at airports may jeopardize the continuance of a public-use license, which could lead to the closure of an airport. The proposal also reflects a recent change to the Code of Virginia, updates procedural information and citations, reduces redundancy, and provides consistency throughout the chapter.

Substance:

24VAC5-20-140, Minimum requirements for licensing: The section is amended so that the state minimum standards more closely align with FAA standards.

24VAC5-20-145, Waiver of minimum requirements: The section is amended by updating procedural information and revised considerations for waivers.

24VAC-5-20-275, Conditional license: The section is amended to provide procedural changes and solutions to address noncompliant conditions at airports. The modifications include the introduction of a "Day/Visual Flight Rule (VFR) Use Only License," a new conditional license that allows restricted operations at noncompliant airports.

24VAC5-20-330, Aviation facilities constructed in whole or in part with state funds: The section is amended for consistency with Virginia Aviation Board policies.

24VAC5-20-160, Public waters landing rights: The section is amended to incorporate information on seaplane bases.

24VAC5-20-10, Definitions: The section is amended to incorporate by reference terms defined in the Code of Virginia, which would reduce the number of terms in the section. In addition, terms to support proposed changes would be added, previously missing terms would be added, terms not used in the chapter would be removed, and terms used and defined in 24VAC5-20-400 Appendix A: Airport Safety Zoning Ordinance, would be removed. The following sections are amended by updating procedural information:

24VAC5-20-120, Licenses

24VAC5-20-150, Transfer of licenses

24VAC5-20-170, Private or personal airports

24VAC5-20-190, Determination of hazard

24VAC5-20-200, Obstruction criteria

24VAC5-20-210, Obstruction permit process criteria

24VAC5-20-280, Sanctions, notice and appeals

The following sections are amended to provide consistency within the chapter:

24VAC5-20-180, Fees

24VAC5-20-300, Hazards

The following sections are amended by updating citation references:

24VAC5-20-220, Model airport safety zoning ordinance

24VAC5-20-280, Sanctions, notice and appeals

Issues: Section 5.1-7 of the Code of Virginia requires that any airport operated as a public-use facility must be licensed by the Virginia Department of Aviation (DOAV); presently there are 64 public-use airports in the Commonwealth that meet the statutory requirement. Of those airports, 26 airports do not meet current state minimum licensing requirements set forth in 24VAC5-20-140 and have been issued conditional licenses in accordance with § 5.1-7 of the Code of Virginia and 24VAC5-20-275. Most of the existing noncompliant conditions are caused by natural growth. Many of the 26 airports have received multiple conditional licenses as the noncompliant conditions are not being addressed. As the conditional licenses expire, DOAV staff must continually repeat the agency's licensing process, which includes on-site inspections, resulting in an inefficient use of agency resources.

The majority of noncompliant conditions are caused by natural growth obstructions in safety areas. DOAV provides technical and funding assistance to airport sponsors for obstruction removal, whether the obstruction was identified through the licensing process or other inspection processes. The funding ratio for obstruction removal projects is 80% state participation and 20% local participation. This funding assistance would continue after the proposed regulations are in place.

In spite of this assistance and the temporary status of conditional licenses, noncompliant conditions continue to exist on or at airports. The Virginia Aviation Board and DOAV want to implement a more structured, efficient process of consistently addressing noncompliant conditions and their inherent safety concerns, so that airports can retain their public-use licenses instead of having their licenses revoked in accordance with § 5.1-7 of the Code of Virginia and 24VAC5-20-280. Major elements of the proposed process would be the requirement for a written mitigation plan prepared by an airport and Virginia Aviation Board recommendations that would result in the definite resolution of the noncompliant condition. State funding for mitigation plans, obstruction removal, and other compliance related safety projects is available to public-use airport sponsors, whether public and private entities. Modification of the state minimum licensing requirements to align more closely with current FAA standards would be a preparatory action for the proposed process.

If a public-use airport license is revoked, the airport would be removed from the statewide air transportation system, and the airport sponsor would face the option of operating the facility as a private use airport or closing the airport. The sponsor would no longer be eligible to receive any funding from DOAV. In addition, a sponsor of an airport facility no longer operating as a public-use airport would be required to reimburse the Commonwealth, on a pro-rata basis, for all outstanding financial obligations awarded through DOAV.

Many of the airports with existing noncompliant conditions would meet the proposed minimum requirements for airport licensing and would not be placed under conditional airport licenses. Over time, the number of airports no longer meeting the requirements would lessen. Of those airports that would still have noncompliant conditions under the proposed regulations, the scope of the work and associated costs to address the noncompliant conditions would be reduced as the requirements are less restrictive. In addition, the proposal offers a "Day/Visual Flight Rules (VFR) Use Only" license, a conditional license that allows restricted operations at an airport, thereby keeping the airport in the system and open to the public, but on a limited basis during daylight hours only.

Currently, license inspections are conducted every seven years, and the identification of noncompliant conditions during those inspections initiates the conditional license process. The proposed regulation for conditional licenses would allow the conditional license process to be initiated any time noncompliant conditions are identified. Earlier intervention will reduce the extent of the noncompliant conditions that must be addressed, especially those caused by natural growth, which in turn will reduce the costs to meet and maintain compliance with the minimum regulations.

Implementation of these regulatory proposals would increase safety, increase standardization, reduce costs for the state and airport sponsors, increase administrative efficiency, and increase Virginia Aviation Board participation in the conditional license process.

In addition, other sections in 24VAC5-20 contain procedural information that needs to be updated or text that needs to be changed for clarity and consistency within the chapter.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Aviation (Board) proposes to amend these regulations in order to implement a more structured, efficient process of consistently addressing noncompliant airport licensure conditions and their inherent safety concerns, so that airports can retain their public-use licenses instead of having their licenses revoked. More specifically, the Board proposes to: 1) amend obstruction requirements so that they can be feasibly met by public-use airports, 2) create a "Day/Visual Flight Rules (VFR) Use Only" license for those airports that would still have noncompliant conditions under the proposed regulations, 3) allow the conditional license process to be initiated any time noncompliant conditions are identified, and 4) make other amendments for clarification and improved communication.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Section 5.1-7 of the Code of Virginia requires that any airport operated as a public-use facility must be licensed by the Virginia Department of Aviation (DOAV); presently there are 64 public-use airports in the Commonwealth that meet the statutory requirement. Of those airports, 26 airports do not meet current state minimum licensing requirements set forth in 24VAC5-20-140 and have been issued conditional licenses in accordance with § 5.1-7 of the Code of Virginia and 24VAC5-20-275. Many of the 26 airports have received multiple conditional licenses as the noncompliant conditions are not being addressed. As the conditional licenses expire, DOAV staff must continually repeat the agency's licensing process, which includes on-site inspections, resulting in an inefficient use of agency resources.

The majority of noncompliant conditions are caused by natural growth obstructions in safety areas. DOAV provides technical and funding assistance to airport sponsors for obstruction removal, whether the obstruction was identified through the licensing process or other inspection processes. The funding ratio for obstruction removal projects is 80% state participation and 20% local participation.

In spite of this assistance and the temporary status of conditional licenses, noncompliant conditions continue to exist on or at public-use airports. The Virginia Aviation Board and DOAV want to implement a more structured, efficient process of consistently addressing noncompliant conditions and their inherent safety concerns, so that airports can retain their public-use licenses instead of having their licenses revoked in accordance with § 5.1-7 of the Code of Virginia and 24VAC5-20-280. State funding for mitigation plans, obstruction removal, and other compliance related safety projects is available to public-use airport sponsors, whether public or private.

If a public-use airport license is revoked, the airport would be removed from the statewide air transportation system, and the airport sponsor would face the option of operating the facility as a private-use airport or closing the airport. The sponsor would no longer be eligible to receive any funding from DOAV. In addition, a sponsor of an airport facility no longer operating as a public-use airport would be required to reimburse the Commonwealth, on a prorata basis, for all outstanding financial obligations awarded through DOAV.

Many of the airports with existing noncompliant conditions would meet the proposed minimum requirements for airport licensing and would not be placed under conditional airport licenses. Over time, the number of airports no longer meeting the requirements would lessen. Of those airports that would still have noncompliant conditions under the proposed regulations, the scope of the work and associated costs required for these airports to work toward full compliance would be reduced as the requirements are less restrictive. The Board proposes to create a "Day/Visual Flight Rules (VFR) Use Only" license, a conditional license that allows restricted operations at an airport, for those airports that have yet to become fully compliant, thereby keeping the airport in the system and open to the public, but on a limited basis during daylight hours only.

Currently, license inspections are conducted every seven years, and the identification of noncompliant conditions during those inspections initiates the conditional license process. The Board proposes to allow the conditional license process to be initiated any time noncompliant conditions are identified. Earlier intervention will reduce the extent of the noncompliant conditions that must be addressed, especially those caused by natural growth, which in turn will reduce the costs to meet and maintain compliance with the regulations.

Businesses and Entities Affected. The proposed amendments affect the 64 public-use airports in the Commonwealth, 9 of which are owned by small businesses.

Localities Particularly Affected. The localities particularly affected by this action are those that own public-use airports, either independently or through participation in an authority or commission.

Projected Impact on Employment. The proposed amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are likely to make it easier for the 10 privately owned public-use airports to comply with requirements for full licensure.

Small Businesses: Costs and Other Effects. The proposed amendments will likely reduce obstruction removal costs for the 9 public-use airports that are owned by small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Real Estate Development Costs. The proposed amendments will likely reduce obstruction removal costs in developing airport property.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis. The Virginia Department of Aviation concurs with the analysis performed by the Department of Planning and Budget on the proposed regulatory action regarding of the minimum airport licensing requirements and related licensing issues found in 24VAC5-20, Regulations Governing the Licensing and Operation of Airports and Aircraft and Obstructions to Airspace in the Commonwealth of Virginia.

Summary:

The proposed regulatory action (i) aligns the state airport licensing requirements more closely with Federal Aviation Administration standards; (ii) provides a new process to address noncompliant conditions, including issuance of a new "Day/Visual Flight Rule Use Only" conditional airport license; (iii) updates procedural information and citations; (iv) reduces redundancy; and (v) provides consistency throughout the chapter.

Part I
Definitions

24VAC5-20-10. Definitions.

Whenever used in this chapter, unless the context or subject matter requires otherwise, the following words or terms have the meaning herein ascribed to them, respectively: Words or terms defined in § 5.1-1 of the Code of Virginia are incorporated by reference. The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Aircraft" means any contrivance now known or hereafter invented, which that is controlled, used, and usually occupied by a person for the purpose of navigation and transportation through the air, excepting "hang glider" as defined in § 5.1-1 of the Code of Virginia. Commonly recognized names for aircraft include, but are not limited to, planes, helicopters, seaplanes, ultralights, and hot air balloons.

"Airline" means an air carrier operation under Federal Aviation Regulations found in 14 CFR Part 119, 14 CFR Part 121, 14 CFR Part 129, or 14 CFR Part 135 providing scheduled passenger service.

"Airman" means any individual, including the person in command, and any pilot, mechanic, or member of the crew, who engages in the navigation of aircraft while under way within Virginia airspace; any individual who is directly in charge of the inspection, maintenance, overhauling or repair of aircraft, aircraft engines, propellers or accessories; and any individual who serves in the capacity of aircraft dispatcher.

"Airport" means any area of land or water which is used or intended for use for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities including rights-of-way, easements and all airport buildings and facilities located thereon.

"Airspace" means all that space above the land and waters within the boundary of this state.

"Airport sponsor" means an entity that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants, and other obligations required for an airport.

"Antique aircraft" means any aircraft constructed by the original manufacturer, or his licensee, on or before December 31, 1945.

"Approach surface" means a surface longitudinally centered on the extended runway centerline and extending outward and upward. For non-Federal Aid Airports, the surface extends at a slope of 15:1 from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

1. 1,200 feet at a distance of 5,000 feet for that end of a runway with only visual approaches.

2. 2,000 feet at a distance of 5,000 feet for that end of a runway having or proposing to have a nonprecision instrument approach procedure.

See also 14 CFR 77.25, 77.28, and 77.29 for design standards as they apply to federal aid airports.

"Aviation" means activities and infrastructure related to transportation by air;, including but not limited to (i) the operation, construction, repair, or maintenance of aircraft, aircraft power plants, and accessories,; (ii) the design, establishment, design, construction, extension, operation, improvement, repair, or maintenance of airports or landing areas, including but not limited to; and (iii) navigable airspace, or other air navigation facilities, and air instruction.

"Board" means the Virginia Aviation Board.

"Civil aircraft" means any aircraft other than a public aircraft.

"Commercial operator" means a person, except an airline, who operates any aircraft for the purpose of rental or charter or for any other purpose purposes from which revenue is derived.

"Conical surface" for a nonfederal aid airport means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 15:1 for a horizontal distance of 4,000 feet. See also 14 CFR 77.25, 77.28 and 77.29 for standards as they apply to federal aid airports.

"Contract carrier permit" means a permit issued by the department to contract carriers operating under Federal Aviation Regulations 14 CFR Part 61, 14 CFR Part 135, or 14 CFR Part 141 for transport of passengers or freight on demand by air. Owners of aircraft who contract to provide flight instruction in their aircraft for profit are required to have a contract carrier permit.

"Day/VFR Use Only License" means a conditional airport license issued with the restriction that operations at the airport can only occur between sunrise and sunset and only under Visual Flight Rules (VFR) for the purpose of allowing continuing operations at an airport that is not in compliance with the minimum requirement for approach surfaces.

"Department" means the Department of Aviation.

"Effective runway length" means the distance from the point at which the obstruction clearance plane associated with the approach end of the runway intersects the centerline of the runway and the far end thereof.

"Hazards" for airports "Hazard" means any a fixed or mobile structure, or object, or natural growth, or use of land which that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such the landing or taking off of aircraft.

"Helipad" means a rectangular or square specially prepared surface that may be turf or paved, which is designated specifically for the purpose of landing and takeoff of helicopter aircraft small designated area, usually with a prepared surface, on an airport, heliport, landing/takeoff area, apron/ramp, or movement area used for the takeoff, landing, or parking of helicopters.

"Heliport" means any (i) an identifiable area on land, water, or structure, including any a building or facilities thereon, used or intended to be used for the landing and takeoff of helicopters, or other rotorcraft, or (ii) appurtenant areas which that are used, or intended for use, for heliport buildings or other heliport facilities including rights-of-way, easements, and all heliport buildings and facilities located thereon.

"Heliport approach surface" means a surface beginning at each end of the heliport primary surface with the same width as the primary surface, and extending outward and upward. Reference 14 CFR 77.25, 77.28, and 77.29 for design standards.

"Heliport primary surface" means the area of the primary surface coinciding in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.

"Heliport transitional surface" means a surface extending outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces. Reference 14 CFR 77.25, 77.28, and 77.29 for design standards.

"Horizontal surface" means a horizontal plane 150 feet above the established airport elevation. Reference 14 CFR 77.25, 77.28, and 77.29 for design standards.

"Imaginary surfaces" are those surfaces as defined herein for nonfederal aid airports and in 14 CFR 77.25. Reference 14 CFR 77.25, 77.28, and 77.29 for the definitions and design standards.

"Intrastate air transportation" means air transportation between two or more airports within Virginia, or air transportation to and from the same airport in Virginia without an intermediate stop outside Virginia.

"Landing area" means any local specific site, whether over land or water, including airports and intermediate landing fields, which is used or intended to be used for the landing and takeoff of aircraft, whether or not facilities are provided for the sheltering, servicing or repair of aircraft, or for receiving or discharging passengers or cargo.

"Noncommercial dealer" means a person who owns and offers for sale a minimum of three aircraft during any consecutive 12-month period, which aircraft are not used for personal use, rental, charter, or for any a purpose from which revenue is derived.

"Obstacle" means any a fixed or mobile object that is located on an area intended for the surface movement of aircraft, or that extends above a defined imaginary surface intended to protect aircraft in flight, that interferes with the situating or operation of navigational aids, or that may control the establishment of instrument procedures. An obstacle could be located on an area intended for the ground movement of aircraft or would extend above the approach surfaces intended to protect aircraft in flight or the runway object free area.

"Obstruction" means any an object, obstacle, or structure, man-made or otherwise, which that penetrates any of the imaginary surfaces approach surfaces or runway object free area at an aircraft landing area. The obstruction may be man-made or of natural growth, including trees.

"Obstruction clearance plane" means a plane sloping upward from the runway at a slope of 15:1 to the horizontal and tangent to or clearing meeting the appropriate requirements to clear all obstructions within a specified area surrounding the runway as shown in a profile view of that area. For federal aid airports the slope of the plane is 20:1.

"Person" means any individual, corporation, government, political subdivision of the Commonwealth, or governmental subdivision or agency, business trust, estate, trust, partnership, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.

"Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 100 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The minimum width of a primary surface is 200 feet. See also 14 CFR 77.25, 77.28, and 77.29 for standards as they apply to federal aid airports.

"Public aircraft" means an aircraft used exclusively for the service of any state or political subdivision thereof, or the federal government.

"Private-use Landing Area License" means a license issued for a facility not open for public use, including airports, heliports, helipads, and seaplane bases, that is within five nautical miles of a licensed public-use airport, in accordance with § 5.1-7 of the Code of Virginia.

"Runway" means a rectangular surface area that may be turf, paved, or water course, which that is designed specifically for the purpose of approaching and landing and taking-off and departing of aircraft.

"Runway object free area" means an imaginary area centered on the runway centerline that is clear of aboveground objects protruding above the runway centerline, except for allowable objects necessary for air navigation or aircraft ground maneuvering purposes.

"Runway safety area" means a rectangular area, symmetrical about the runway centerline, which includes the runway, runway shoulders, and stopways safety overruns, if present. The portion abutting the edge of the runway shoulders, runway ends, and stopways safety overruns is cleared, drained, graded, and usually turfed. Under normal conditions, the runway safety area is capable of supporting snow removal, firefighting, and rescue equipment and of accommodating the occasional passage of aircraft without causing major damage to the aircraft.

"Stopway" or "overrun" "Safety overrun'' or "stopway" means any an area beyond the takeoff runway, no less wide than the runway and centered upon the extended centerline of the runway, able to support the airplane an aircraft during an aborted takeoff without causing structural damage to the airplane aircraft, and designated by the airport authorities for use in decelerating the airplane aircraft during an aborted takeoff.

"Seaplane base" means an area of water used or intended to be used for the landing and takeoff of aircraft, together with appurtenant shoreside buildings and facilities.

"Structure" means any (i) a man-made object, including a mobile object, constructed or erected by man, including but not limited to buildings, towers, cranes, smokestacks, earth formations, overhead transmission lines, flag poles, and ship masts or (ii) natural objects, including but not limited to trees.

"Threshold" means the beginning of that portion of the runway identified for the landing of aircraft. A threshold may be displaced, or moved down the runway, to provide for adequate safety provisions.

"Transitional surface" for nonfederal aid airports means a surface extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 5 to 1 from the sides of the primary surface and from the sides of the approach surfaces until they intersect the horizontal surface. See also 14 CFR 77.25, 77.28, and 77.29 for standards as they apply to federal aid airports.

"Ultralight" means any an aircraft that (i) is used or intended to be used for manned operation in the air by a single occupant, (ii) is used or intended to be used for recreation and sport purposes only, and (iii) does not have any U.S. a United States or foreign air worthiness certificate, and (iv) weighs less than 254 pounds empty weight, excluding floats and safety devices which that are intended for deployment in a potentially catastrophic situation; and (v) that has a fuel capacity not exceeding 5 U.S. five United States gallons; and (vi) is not capable of more than 55 knots calibrated airspeed at full power in level flight and has a power-off stall speed which that does not exceed 24 knots calibrated airspeed.

Part III
Airports and Landing Areas

24VAC5-20-120. Licenses.

A. Airports and landing areas, except private landing areas as defined set forth in § 5.1-7.2 of the Code of Virginia, shall be licensed by the department pursuant to § 5.1-7 of the Code of Virginia and 24VAC5-20-140. Such airports and landing areas or persons operating any airport or landing area proposing to add or extend the runways of such airport or landing area shall apply for an amended license pursuant to § 5.1-7 of the Code of Virginia. An initial license or renewal thereof will be issued following review and determination of the department for compliance with § 5.1-7 of the Code of Virginia and 24VAC5-20-140. Private landing areas as defined in § 5.1-7.2 of the Code of Virginia shall only be registered as provided for in 24VAC5-20-170. An application for a license shall be executed by the applicant or a duly authorized agent, under oath, on forms prescribed by the department, and shall be filed with the department.

B. Airports and landing areas which that are issued licenses pursuant to § 5.1-7 of the Code of Virginia shall be open to the general public on a nondiscriminatory basis. An application for such a license shall be signed by the airport sponsor, under oath, on a form prescribed by the department and submitted to the department by the applicant or his duly authorized agent under oath on forms prescribed by the department accompanied by the required supporting documents as specified on the form. Such An initial license, or renewal thereof, will be issued following department review and determination of compliance with § 5.1-7 of the Code of Virginia and 24VAC5-20-140. A license shall remain in effect for the period specified until modified, suspended, amended or revoked by the department.

C. Airport sponsors proposing to add or extend runways of an airport or landing area shall apply for a modified license pursuant to § 5.1-7 of the Code of Virginia.

D. If an airport or landing area should continually cease to be open to the public for one year and the airport sponsor wants to reopen the facility to the public, the airport sponsor must reapply for a license in accordance with § 5.1-7 of the Code of Virginia and 24VAC5-20-120 and must be in compliance with 24VAC5-20-140.

E. Licenses must be renewed every seven years or at the discretion of the department based on demonstrated need. Starting October 1995, the department will stagger license renewals by regions of the Commonwealth according to Virginia Aviation Board areas of responsibility as follows: Southwest region - September 30, 1996; West Central region - September 30, 1997; Blue Ridge region - September 30, 1998; Northern Virginia region - September 30, 1999; Central region - September 30, 2000; Richmond/Northern Neck region - September 30, 2001; and Hampton Road/Eastern Shore region - September 30, 2002. License expirations shall be staggered in accordance with criteria set by the department, which include, but are not limited to, changes in legislation, standards, policy, processes, and procedures.

24VAC5-20-140. Minimum requirements for licensing.

A. The minimum standards which requirements that are required for initial and continued licensing under § 5.1-7 of the Code of Virginia will shall provide for:

1. An effective runway length of 2,000 feet, with 100 feet of overrun on each end, and unobstructed approach surfaces of 15:1 horizontal to vertical slope at each end of the runway.

2. An unobstructed primary surface(s) which is 2,200 feet in length and 200 feet in width.

3. An unobstructed transition surface(s) of 5:1 slope on either side of the primary and approach surfaces.

4. A minimum runway width of 50 feet, and minimum runway safety area width of 120 feet.

5. Aerial ingress and egress shall be available from both ends of the rectangular dimension of a runway.

1. An effective runway length of at least 2,000 feet for each direction of operation;

2. A minimum runway width of 50 feet;

3. A minimum runway safety area length equal to the length of the runway plus 100 feet at each end of the runway;

4. A minimum runway safety area width of 120 feet centered on the runway centerline;

5. A minimum unobstructed approach surface of 15:1 horizontal to vertical slope at each end of the runway;

6. An approach surface that is centered along the runway centerline and that begins at the threshold at a width of 250 feet, expands uniformly for a distance of 2,250 feet to a width of 700 feet, and continues at the width of 700 feet for a distance of 2,750 feet;

7. A minimum unobstructed runway object free area length equal to the length of the runway;

8. A minimum unobstructed runway object free area width of 250 feet centered on the runway centerline; and

6. 9. A displaced threshold, if an approach surface to either physical end of the runway is obstructed and the obstacle cannot be removed, that shall be located down the runway at the point where the obstruction clearance plane intersects the runway centerline.

7. An airport runway licensed specifically and solely for the purpose of accommodating short-takeoff-and-landing aircraft may, at the discretion of the department, be less than 2,000 feet in length; however, all other dimensional standards will apply.

8. A heliport used for commercial public use purposes will provide for minimum dimensions of 75 feet by 75 feet. The heliport will have unobstructed primary, approach, and transition surfaces in accordance with their definitions in this chapter.

B. The minimum requirements for the initial and continued licensing of an airport under the conditional Day/VFR Use Only License in accordance with 24VAC5-20-275 shall provide for:

1. An effective runway length of 2,000 feet in each direction of operation;

2. A minimum runway width of 50 feet;

3. A minimum runway safety area length equal to the length of the runway plus 100 feet at each end of the runway;

4. A minimum runway safety area width of 120 feet centered on the runway centerline;

5. A minimum unobstructed approach surface of 15:1 horizontal to vertical slope at each end of the runway; and

6. An approach surface that is centered along the runway centerline and that begins at the threshold at a width of 120 feet, expands uniformly for a distance of 500 feet to a width of 300 feet, and continues at the width of 300 feet for a distance of 2,500 feet.

C. The minimum requirements for the initial and continued licensing of a heliport open for public use under § 5.1-7 of the Code of Virginia shall provide for minimum standard dimensions as provided in the Federal Aviation Administration Advisory Circular 150/5390-2B Heliport Design, effective September 30, 2004.

D. The minimum requirements for the initial and continued licensing of a seaplane base open for public use under § 5.1-7 of the Code of Virginia shall provide for minimum standard dimensions as provided in the Federal Aviation Administration Advisory Circular 150/5395 Seaplane Bases, effective June 29, 1994.

9. E. In addition to the investigation required for safety provisions as outlined in § 5.1-7 of the Code of Virginia, a detailed consideration of the economic, social, and environmental effects of the airport location shall be conducted for applications for new and modified licenses. These considerations shall include one or more public hearings as required to assure consistency with the goals and objectives of such planning as has been carried out by the community.

10. F. Proof of financial responsibility prescribed in Chapter 8.2 (§ 5.1-88.7 et seq.) of Title 5.1 of the Code of Virginia must be furnished at the time of application of license, and such this financial responsibility thereafter must be maintained.

24VAC5-20-145. Waiver of minimum requirements.

Subdivisions 1, 2, 3, 4, and 5 of 24VAC5-20-140 may be waived upon application to the board setting forth the reasons that these standard(s) sought to be waived cannot be met. A. Upon application by an airport sponsor, setting forth the reason or reasons that one or more requirements sought to be waived cannot be met, the board may waive compliance of requirements of 24VAC5-20-140. In the waiver, the board shall specify the minimum requirement or requirements covered by the waiver and set terms for the waiver, including the time period for the waiver.

B. Considerations for granting the waiver shall be limited to topographical impossibility, possible financial expense to the Virginia Aviation Fund, volume and type of traffic and safety experience at the airport (i) a determination of no hazard based on a Federal Aviation Administration airspace evaluation and implementation of mitigation recommendations if applicable, (ii) a determination of impracticality due to topography, or (iii) a benefit cost analysis proving improvements as financially unfeasible.

Any C. An airport having a license issued prior to October 1, 1995, and not meeting one or more minimum standards requirements for licensure in effect for that period on October 1, 1995, shall be exempt from having to comply with those noncomplying standards requirements for as long as the airport remains an active public-use facility unless those noncomplying requirements are caused by natural growth. Should such airport cease to be open to the public for one year, and subsequently reopen, it shall be required to comply with all applicable minimum standards for licensure.

All airports or landing areas that hold licenses as of September 30, 1995, that do not meet the minimum standards in effect on September 30, 1995, do not need to apply for a waiver in order to be relicensed. In compliance with § 5.1-7 of the Code of Virginia, the department shall issue a conditional license to all airports which were licensed as public-use airports on October 1, 1995, which did not meet the minimum standards for licensure in effect on that date.

24VAC5-20-150. Transfer of licenses.

A. No license issued by the department for the operation of an airport or landing area may be transferred by the licensee without first obtaining the approval of the department.

B. Application for approval of a transfer of a license shall be made on forms the form prescribed by the department and accompanied by the required supporting documents as specified on the form. Approval may be granted only after satisfactory evidence has been submitted which that shows that the proposed transferee (i) is capable of operating the airport or landing area in accordance with the laws of this Commonwealth and these regulations; and (ii) is financially responsible per Chapter 8.2 (§ 5.1-88.7 et seq.) of Title 5.1 of the Code of Virginia, and has paid or guaranteed payment of all financial commitments due the Commonwealth under Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia or this chapter.

C. Before such a transfer shall be made, the transferee by written agreement shall assume the unfulfilled obligation to the Commonwealth to operate the airport or landing area under any and all agreements executed by any prior licensee or licensees of such airport or landing area to procure state funds for such the airport or landing area.

D. Upon conveyance, death, dissolution, or bankruptcy of a licensee, the airport license may be transferred department should be notified of the occurrence within 60 days, and the airport license may be transferred upon approval of the department. Transfer shall be effected within 180 days after death or dissolution of the licensee or the airport license shall become null and void.

24VAC5-20-160. Public waters landing rights Seaplane bases.

Counties, cities, and towns shall have the power to establish, maintain, and operate airports and landing areas and other navigation facilities in, over, and upon any public waters of this Commonwealth, or any submerged land under such public waters, within the limits or jurisdiction of or bordering on such counties, cities or towns. Any such areas established shall follow all the applicable permitting and licensing requirements of Part III of this chapter (24VAC5-20-120 et seq.). Seaplane bases may be established in, over, and upon any waters of this Commonwealth or any submerged land under such waters. Seaplane bases used or intended for public use need to be licensed in accordance with 24VAC5-20-120 and 24VAC5-20-140. Seaplane bases not used or intended for public use need to be registered or licensed in accordance with 24VAC5-20-170.

24VAC5-20-170. Private or personal airports or landing areas.

Any A. A person establishing or owning property utilized for landing aircraft that is solely for private or personal use, and which is not open to the general public, a private landing area, including airports, heliports, helipads, and seaplane bases, shall be required only to register the landing area facility if it is not within more than five nautical miles of from a licensed public-use airport. Registration shall be accomplished on forms provided by the department.

Any B. A person establishing private or personal airports or owning a private landing area, including airports, heliports, helipads, and seaplane bases, within five nautical miles of a licensed public-use airport shall be licensed required to secure a Private-use Landing Area License for the facility if the applicant airport does not pose a hazard to the airspace and utilization by aircraft of the licensed public-use airport in question. Licenses for private-use airports that are within five nautical miles of a licensed public-use airport These licenses shall be issued once, and do not have to be renewed.

Prior to final registration or licensing of a private or personal airport, the applicant airport shall provide to the department written information from the local government having jurisdiction over such airport that such airport has received approval from the locality C. Application for the registration or licensing of a private landing area, including airports, heliports, helipads, and seaplane bases, shall be made on the form prescribed by the department and accompanied by the required supporting documents as specified on the form, including written documentation with respect to zoning, special use permit, or any other land use requirements.

D. Aircraft landing at these landing areas and nonpublic-use airports private landing areas, including airports, heliports, helipads, and seaplane bases, shall have prior approval of the landowners or controlling agency when reasonably practical. Aircraft landing at other than licensed public-use airports without such prior approval shall not be removed therefrom without the consent of the owner or lessee of such the property.

E. Privately-owned or publicly-owned hospitals may establish and maintain airports, heliports, helipads, or landing areas and may restrict the public use of these facilities to the takeoff and landing of aircraft for hospital related uses only.

24VAC5-20-180. Fees.

A. The fee for issuing a license of a public-use airport or landing area for an airport, heliport, seaplane base, or landing area open for public use in accordance with 24VAC5-20-120 shall be $25. The fee for each a license renewal or amendment, modification, or transfer shall be $25.

B. No fee is charged for licensing a private use airport private-use landing area under 24VAC5-20-120 or registering a private use airport private-use landing area under 24VAC5-20-170.

Part IV
Obstructions to Airspace

24VAC5-20-190. Determination of hazard.

The Department of Aviation airport sponsor shall conduct be responsible for insuring that an aeronautical study is conducted, when needed to satisfy the requisites requirements of this regulation, and to determine the effect of any a structure, either man-made or natural, that penetrates any imaginary surface the approach surfaces or runway object free area upon the safe and efficient operation of any a licensed, military, or government air navigation facility or airport. This determination shall be made based on criteria as defined by 24VAC5-20-200. If a structure constitutes an "obstruction" in accordance with these standards criteria, it shall be presumed to be a "hazard" until determined otherwise the by Virginia Aviation Board the board.

24VAC5-20-200. Obstruction criteria.

In conducting any A study required by this chapter the department may shall consider, but not be limited to, at least the following factors: (i) Federal Aviation Regulations 14 CFR 77.25, 14 CFR 77.28, and 14 CFR 77.29; Airport Traffic Patterns (ii) airport traffic patterns; IFR Airways and Routes (iii) Instrument Flight Rules (IFR) airways and routes; VFR (iv) Visual Flight Rules (VFR) routes and designated practice areas; and (v) terminal airspace; and (vi) instrument approach procedures.

24VAC5-20-210. Obstruction permit procedure.

A. This process shall not be applicable in those counties, cities, and towns which that have satisfied the local ordinance provisions of § 15.1-491.02 15.2-2294 of the Code of Virginia. See 24VAC5-20-220.

Any B. A person seeking an obstruction permit from the board, as required by § 5.1-25.1 of the Code of Virginia, pertaining to structures hazardous to air navigation shall submit to the department a permit request on such forms as prescribed by the department, including any ancillary data required by the department provide to the department a copy of Federal Aviation Administration Form 7460-1 Notice of Proposed Construction or Alternation submitted to the Federal Aviation Administration and a copy of the response from the Federal Aviation Administration when available.

C. Upon receipt of such a request, the department shall (i) notify the applicant of said receipt and supply available information pertaining to the obstruction analysis, with the date and location of the applicable board meeting; (ii) conduct an analysis of the request using the criteria in 24VAC5-20-190 and 24VAC5-20-200 within 90 120 days from the date of receipt, unless it advises the applicant that such the analysis will take longer require additional time; (ii) supply the applicant with available information pertaining to the obstruction analysis and the date and location of the board meeting at which the request will be presented to the board; and (iii) shall forward to the board its analysis in the form of a staff report with the concurrent recommendations regarding the permit request.

D. The board shall consider each a permit request at the next regularly scheduled meeting, following the completion of the department staff report. Its consideration may include, but is not limited to, the department's staff report, any verbal and written testimony of the applicant, any analysis of by the Federal Aviation Administration, and any comments from the local jurisdiction or jurisdictions where the structure is to be located. All decisions issued by the board shall be issued in writing stating the reasons for same. Any An affirmative decision may be accompanied by conditions deemed appropriate by the board including, but not limited to, obstruction marking, lighting, and similar safety features.

E. The applicant, if given an affirmative decision by the board, shall not be relieved by that decision of any local, state, or federal requirements as to zoning, building, variance, or other permits as may be required.

24VAC5-20-220. Model airport safety zoning ordinance.

Any A county, city, or town in the Commonwealth seeking to comply with the mandate of § 15.1-491.02 15.2-2294 of the Code of Virginia to enact local obstruction ordinances shall abide by the following:

1. The Model Airport Safety Zoning Ordinance developed by the Department of Aviation department shall be used as a guide by localities. A copy of such the model ordinance is found in Appendix A (24VAC5-20-400) of this chapter.

2. The provisions of any a locally adopted ordinance shall be in substantial conformity with the Model Airport Safety Zoning Ordinance. Substantial conformity shall include, but not be limited to, protection of airspace from intrusions as described in Articles 3, 4, and 7 of the Model model.

3. The department may, at the request of a local governing body, review any an ordinance submitted prior to adoption by such a locality. In conducting its review, the department shall make an evaluation regarding the integrity of such an ordinance with respect to the requisites of the Model Airport Safety Zoning Ordinance. The review of the department may include, but not be limited to, the evaluation with respect to the Model Ordinance model ordinance, any comments of the locality, and its opinion concerning the expected effectiveness of the ordinance as it relates to the general intent of § 15.1-491.02 15.2-2294 of the Code of Virginia.

Part VI
Modification, Suspension, Amendment or Revocation of Licenses

24VAC5-20-275. Conditional licenses.

A. If at any time an airport or landing area cannot does not meet all of the minimum requirements for licensure that have been adopted by the department, or having met those requirements cannot maintain compliance, the department may issue conditional licenses to allow time for the airport or landing areas to take steps to meet those requirements licensing as set forth in 24VAC5-20-140, a conditional use license shall be issued for a period of 180 days. Such conditional Conditional licenses shall specify the nonstandard requirements and dictate the time allowable for the standards to be brought into compliance, that time being the same as the duration of the conditional license with which the airport is not in compliance. Upon receipt of notification of nonconformance, the airport sponsor shall issue the appropriate Notice to Airmen for the noncompliant conditions in accordance with 24VAC5-20-140. The Notice to Airmen shall remain in place until the noncompliant condition is resolved.

B. Within 60 days of notification of nonconformance, the airport sponsor must submit a written mitigation plan to the department that includes, but is not limited to, means of resolving noncompliant conditions, a schedule for the performance of the mitigation, and, if applicable, the cost to the Commonwealth. The airport sponsor or designee must present the mitigation plan to the board at the meeting specified in the notification of nonconformance. In response to the presentation, the board will recommend at least one of the following to the department:

1. Extend the conditional use license for a specified time period;

2. Issue a "Day/VFR Use Only License";

3. Issue a waiver in accordance with 24VAC5-20-145;

4. Revoke the public-use license in accordance with 24VAC5-20-280.

Failure by the airport sponsor or designee to submit a written mitigation plan or failure to present the plan to the board will result in at least one of the actions above being implemented.

C. At any time an airport sponsor may request the department to reclassify its license. Upon reclassification of a license, the airport sponsor shall issue an appropriate Notice to Airmen for a minimum period of 180 days.

24VAC5-20-280. Sanctions, notice notices, and appeals.

A. The department may immediately temporarily suspend or modify any or suspend a license or permit issued pursuant to Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia and this chapter for violation of any of the provisions of the aviation laws of Virginia or of this chapter, at the instance of any person, upon duly sworn affidavit of such the person, or upon its own motion. Such A sanction shall be effective upon receipt of written notice of the sanction by the licensee at his last known address as disclosed by the records of the department. Such A temporary sanction shall be effective for a period not to exceed 90 days.

B. The department may permanently suspend or revoke any a license or permit issued pursuant to Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia and this chapter for violation of any of the provisions of the aviation laws of Virginia or of this chapter, at the instance of any a person, by duly sworn affidavit of such the person, or on upon its own motion. Such An action shall be effective 10 days after receipt of written notice of the action by the licensee at his last known address as disclosed by the records of the department, unless the licensee shall, before that time, show cause why such the sanction should not be imposed.

Temporary or permanent suspensions C. Suspensions or revocations by the department may be appealed by filing a written notice of appeal with the director of the department within 10 days of receipt of the notice of sanction, requesting an opportunity to be heard and to present evidence in an informal fact finding as defined in the Administrative Process Act (§ 9-6.14:1 et seq. 2.2-4019 of the Code of Virginia). Such an An opportunity will be afforded by the director not later than within 21 days after of receipt by him of the written notice of appeal. The director will give written notice to the licensee of his decision to affirm, modify, or rescind the sanction within 10 days after this hearing.

D. The sanctions enumerated in this regulation shall be cumulative with other enforcement powers conferred upon the department by these regulations or by statute, and no action taken hereunder shall limit the jurisdiction of the department to impose other penalties authorized by these regulations or by statute. From the case decision of the director of the department, an appeal lies as set out in the Administrative Process Act, (§ 9-6.14:1 et seq. 2.2-4020 of the Code of Virginia).

24VAC5-20-300. Airport hazards Hazard notification.

Commercial, public-use Public-use airport and landing area owners, operators, and managers shall maintain vigilance as to airport conditions and shall notify the nearest Federal Aviation Administration Flight Service Station and the Department of Aviation department whenever any known hazards to aircraft exist at such an airport or landing area. Known hazards are any conditions which that create an unsafe situation and include uncut grass on any runway in excess of eight inches in height.

24VAC5-20-330. Aviation facilities constructed in whole or in part with state funds.

Before any funds appropriated by the General Assembly of Virginia for the promotion of aviation, or the construction or improvement of aviation facilities at any county, municipal or privately-owned, commercial, a public-use airport, or heliport, or seaplane base owned by a county, city, town, individual, corporation, authority, or commission may be allocated, the owner thereof shall enter into a written agreement with the department, acting through the director, which that shall provide for operation of such the airport, or heliport, or seaplane base as a public-use facility for a minimum period of 20 years or as specified within a written agreement. The owner airport sponsor of any such an aviation facility and his or its transferees, successors, and assignees who fails to fulfill the period of operation specified in any such agreement shall be liable for the return of any such these state funds on a pro rata basis.

Privately owned or publicly owned hospitals may establish and maintain airports and may restrict the public use of such airports to takeoff and landing of any aircraft for medical emergencies only; such airports may be funded in accordance with this chapter.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (24VAC5-20)

Application for Public-use Airport License or License Modification, 200 DOAVAS 20101201 Airport License Application (12/10).

Application for Public-use Airport License Renewal, 200 DOAVAS 20101201 Airport License Renewal Application (12/10).

Application for Private-use Airport Registration or License, 200 DOAVAS 20101201 Private Airport Registration Application (12/10).

Notice of Proposed Construction or Alteration, FAA Form 7460-1 (5/07).

DOCUMENTS INCORPORATED BY REFERENCE (24VAC5-20)

Advisory Circular, AC No. 150/5390-2B, Subject: Helicopter Design, September 30, 2004, Federal Aviation Administration, U.S. Department of Transportation, 800 Independence Avenue, SW, Washington, DC 20591 (www.faa.gov/regulations_policies/advisory_circulars).

Advisory Circular, AC No.: 150/5395-1, Subject: Seaplane Bases, June 29, 1994, Federal Aviation Administration, U.S> Department of Transportation, 800 Independence Avenue, SW, Washington, DC 20591 (www.faa.gov/regulations_policies/advisory_circulars).150/5395-1 (6/29/94)

VA.R. Doc. No. R11-2811; Filed September 4, 2012, 3:00 p.m.