67 Pa. Code § 471.3 - Airport licensing
(a)
Authority. A person may not establish, maintain or operate an
airport, or permit flight operations at an airport, unless authorized by the
Bureau . This does not apply to an airport approved or maintained by the
government of the United States, or to infrequent operations by helicopters or
aircraft with characteristics permitting operation from sites not specially
prepared therefore.
(b)
Written authority required. Authority to establish, maintain
or operate an airport will be provided in writing by the Bureau and will
indicate whether the airport is public use, private use or otherwise
restricted. An airport will be licensed by the ratings under §§
471.5 and
471.6 (relating to airport
rating-excluding heliports; and heliport rating).
(1) Commercial operations (operation of
aircraft for compensation or hire, including flight instruction, aircraft
maintenance, sale of aircraft, parts and fuel) shall be limited to public use
airfields, or private airports that meet or exceed criteria established for
private group airports. (See Appendix A, Criteria E.)
(2) Private airport and private group
operators are prohibited from selling fuel to the general public, and from
performing flight instruction to the general public.
(c)
Temporary licenses. A
temporary license, public or private, may be issued by the Bureau for temporary
operations or special occasions. An inspection fee of $25 will be charged for a
temporary license.
(d)
Waiver. The Bureau may issue a waiver for conditions not in
compliance with criteria listed in Appendix A if control measures are put in
place or if those conditions are deemed to not cause undue hazard to persons or
property. Waivers may be temporary or permanent, depending on the situation and
circumstances. Any conditions having a current waiver in force will be deemed
to be in conditional compliance with this chapter.
(1) Waiver of criteria or requirements in
this chapter will be in accordance with the following procedures.
(i) Requests for waivers must be in
writing.
(ii) A sponsor shall
request a waiver using forms and instructions provided by the Bureau , and
available on the Department web site.
(iii) A separate request shall be submitted
for each item for which waiver is requested, and the request for waiver will be
posted on the Department web site.
(iv) Bureau staff will review each request
and provide recommendation within 30 calendar days of receipt.
(v) Upon a Bureau staff recommendation of
denial, the request will be forwarded to the Waiver Advisory Board (Advisory
Board).
(A) The Advisory Board shall consist
of five members appointed by the Secretary of the Department .
(B) Each Advisory Board member shall be
either a certificated pilot, an accredited airport executive, a licensed
professional engineer with experience in airport planning and design, or
otherwise be an individual with a substantial aviation background.
(vi) The Advisory Board will
review and analyze the waiver request and, within 75 calendar days of receipt
of the request by the Advisory Board, provide a recommendation for disposition
to the Bureau Director .
(vii) A
denial of a waiver is subject to appeal under the appeal process described in
§
471.9 (relating to
appeal).
(2) The Bureau
will also post the waiver procedures in this section on the Department web
site.
(3) A nonexhaustive list of
conditions for which the Bureau may grant a waiver is included in Appendix
B.
(4) Waiver of criteria or
requirements may not be inconsistent with the intent of this chapter.
(5) This chapter provides no authority for
the Department to grant any waiver of local zoning or other municipal
requirements.
(e)
Change of ownership. A change of airport ownership requires a
new license through the Bureau 's licensing process. Upon the change of
ownership or status of an airport, a new license which includes prior waivers
of nonstandard conditions, modifications of FAA standards, or determinations of
no hazard, as applicable, will be issued provided that a review by the Bureau
verifies that conditions at the airport have not significantly changed since
the time the previous license and waivers were issued.
(f)
Existing airport. An
airport presently in existence and licensed under preexisting statutes and
regulations is considered authorized.
(1) The
Bureau may require an existing airport to correct or modify conditions which
have arisen or significantly changed since the time any previous license or
waiver was issued if they pose a significant threat to aviation
safety.
(2) Determination that a
condition poses a significant hazard to aviation safety will be based upon
staff analysis by the Bureau after consultation with the Advisory
Board.
(g)
Suspension or revocation of license. The Bureau may revoke or
suspend an airport license for reasonable cause, such as, but not limited to,
failure to correct airport deficiencies, failure to cease unauthorized
activities, or any violation of this chapter. See §
471.8 (relating to suspension,
penalties and revocations).
(h)
Zoning. Issuance of an airport license does not preempt
requirements of local zoning authorities.
Notes
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