DAR File No. 40663

Transportation, Operations, Aeronautics

Rule R914-1

Rules and Regulations

Notice of Proposed Rule

(Amendment)

DAR File No.: 40663
Filed: 08/12/2016 04:19:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Legislature passed H.B. 448 during the 2016 General Session, which amended Section 72-10-116 and eliminated text that required the Department to license public use airports. The purpose of this amendment is to repeal Section R914-1-3, which requires the Department to license public use airports, provides the procedure for their inspection, and authorizes the Department to close public use airports that fail to obtain the license.

Summary of the rule or change:

This amendment deletes Section R914-1-3 and renumbers Sections R914-1-4 and R914-1-5.

Statutory or constitutional authorization for this rule:

• Section 71-10-116

Anticipated cost or savings to:

the state budget:

The Department anticipates that the amendment may lead to minor cost savings because it will no longer be required to perform the work needed to license and inspect public access airports. However, the Department does not have an accurate projection of what these cost savings might be because it believes the benefit of preparing such a projection is likely outweighed by the cost of doing so.

local governments:

The Department does not anticipate that this amendment affect the budget of any local government because it only addresses the regulation of public use airports.

small businesses:

The Department does not anticipate that this amendment will affect the budgets of any small business because it only addresses the regulation of public use airports.

persons other than small businesses, businesses, or local governmental entities:

The Department does not anticipate that this amendment will affect the budgets of any person other than small businesses, businesses, or local government entities because it only addresses the regulation of public use airports.

Compliance costs for affected persons:

This amendment does not involve any compliance costs for the public use airports it affects. The amendment eliminates a requirement that public use airports, which are the affected persons, obtain operating licenses from the Department. Affected persons need not do anything to comply with this amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amendment will not have a fiscal impact on businesses. It only affects public use airports.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Transportation
Operations, Aeronautics
135 N 2400 W
SALT LAKE CITY, UT 84116-2982

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov
• Michelle Jeronimo at the above address, by phone at 801-965-3883, by FAX at , or by Internet E-mail at mjeronimo@utah.gov
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/03/2016

This rule may become effective on:

10/10/2016

Authorized by:

Carlos Braceras, Executive Director

R914. Transportation, Operations, Aeronautics.

R914-1. Rules and Regulations.

R914-1-1. Purpose and Authority.

The purpose of this rule is to regulate the use, licensing and supervision of airports, govern the establishment, location and use of air navigational aids, and establish minimum standards for operational safety as authorized and required by Section 72-10-103.

 

R914-1-2. Definitions.

As used in this rule:

(1) "Department" means the Utah Department of Transpor tation;

(2) "FAA" means the Federal Aviation Administration; and

(3) Division means the Aeronautical Operations Division.

 

[R914-1-3. Licensing, Inspection and Closure of Airports.

In accordance with Section 72-10-116, all public use airports will be licensed annually by the Aeronautical Operations Division.

(1) A license will be granted provided the airport is found to substantially meet all safety requirements.

(2) The Division may refuse or revoke a license and close an airport if safety criteria is not met.

(3) Safety criteria required includes:

(a) no pot holes or rutting in the surface of the runway, taxiway, or parking area;

(b) no break-up of paved surfaces or improperly maintained surface;

(c) no obstructions in the approach path or near the airport that cause an unsafe condition;

(d) no excessive growth of vegetation in the runway or taxiway surface;

(e) no inoperative or obscured runway or taxiway lighting system;

(f) no unsecured airport area that allows livestock, people, or vehicles uncontrolled access to the runways, taxiways, or airport area;

(g) no improper or inadequate runway marking; and

(h) no other items that can be determined to be a hazard to the operation of aircraft.

(4) A license may be issued at the discretion of the Division if an airport does not comply with all safety requirements but is satisfactorily working with the Division to correct any known deficiencies.]

 

R914-1- 3[ 4 ]. Establishment and Location of Navigational Aids.

Procedure.

(1) Location site is selected.

(2) Site is surveyed for location and elevation.

(3) Selected site is submitted to the FAA for approval.

(4) Upon receiving FAA approval, navigational aid may be installed.

(5) After installation, navigational aid is checked and certified for operation by the FAA.

 

R914-1- 4[5]. Operational Safety.

In order to enhance the safety of aircraft operations and protect people and property, the Department imposes the following operational safety rules.

(1) All pilots operating aircraft in the State of Utah will comply with applicable Federal Aviation Regulations.

(2) Obstruction to flight. Any obstacle or structure which obstructs the airspace above the ground or water level which is determined to be a hazard to the safe flight of aircraft shall be plainly marked, lighted or removed.

(3) Determination of obstruction. When an obstacle or structure is determined to be a hazard to flight, the owner will be notified and will have ten days after receipt of the notice to take action to correct the hazard or appeal the determination to the Department.

 

KEY: air traffic, aviation safety, airports, airspace

Date of Enactment or Last Substantive Amendment: [ December 8, 2011 ] 2016

Notice of Continuation: October 1, 2012

Authorizing, and Implemented or Interpreted Law: 72-10-103; 72-10-116