La. Admin. Code tit. 70, § IX-101 - General
A. Pursuant to Title 2 of the Revised
Statutes, the Louisiana Department of Transportation and Development regulates
aeronautics in Louisiana.
1.R.S.
2:6 provides, in part, that the department
may prescribe such reasonable rules and regulations as it deems necessary and
advisable for the public safety and for the promotion of aeronautics governing
the designing, laying out, location, building, equipping, operation, and use of
all airports, landing fields, or landing strips, and for the safety of those
engaged in aeronautics. It is for that purpose this rule is
promulgated.
2. Definitions. As
used in this chapter or subsequent chapters pertaining to the DOTD Aviation
Program, unless the context clearly indicates otherwise, the following
definitions shall apply.
AIP-Airport Improvement Program: provides Federal Aviation Administration grants to public agencies for the planning and development of public-use airports for safety and efficiency.
Air Carrier Airport-airports that are required by the Federal Aviation Administration to meet all standards as set forth in Part 139 of the Federal Aviation Regulations (FAR) and have scheduled air passenger service.
Airport Sponsor-any state agency, city, town, parish, airport authority, airport commission, airport district, or other political subdivision, which owns, operates, leases, or controls any public-use airport or landing area.
Basic (Airport) Maintenance-the responsibility of each airport sponsor to maintain the airport in an efficient and safe manner. Maintenance includes any regular or recurring work necessary to preserve existing airport facilities in good operating condition. Basic maintenance items for runway, taxiway, apron, lighting, and navigational aid include: routine cleaning, filling, and/or sealing of longitudinal and traverse cracks; grading pavement edges; maintaining drainage systems; patching pavement; remarking pavement areas; replacing airfield lights or fixtures; replacing sensors or equipment; sweeping airfield pavement; operability of backup emergency generators for airfield equipment; and re-topping/removing trees for approach protection (if this work was previously completed in an AIP or DOTD funded project).
DOTD-Aviation Division of the Louisiana Department of Transportation and Development.
FAA-Federal Aviation Administration.
FAR-Federal Aviation Regulations: rules prescribed by the Federal Aviation Administration, governing all aviation activities in the United States.
LAS-Louisiana Airport System.
LASP-Louisiana Aviation System Plan.
NPAIS-National Plan of Integrated Airport Systems.
Public and/or Public-Use Airport-an airport that is publicly owned, which is open for use by the public.
Rural Airport-any airport categorized as a Non-NPIAS in the LASP or a NPIAS airport that is unclassified.
B. Landing Area
Registration Procedures. Pursuant to statutory provisions, all landing area
proponents shall provide DOTD with the following information for the Louisiana
Aviation Program, prior to operational use of the area for aircraft operations.
The registration application shall be submitted electronically through DOTD's
website, and the information submitted shall adhere to federal airport master
records, aeronautical data and airspace determinations for consideration in the
Louisiana Aviation Program.
C. At a
minimum, the following are required to be submitted to DOTD.
1. Completed Landing Area Information
Application. The applicant shall include their first and last name; email
address; telephone number; landing area name; notification of local/building
permitting authority; date and time of requested inspection; and notification
of FAA landing area proposal.
2.
Completed Landing Area Location Map. This reflects the relationship of the
proposed site to other prominent centers of activity within an area of five
miles.
3. Completed Landing Area
Immediate Vicinity Map. This reflects the relationship of the proposed site to
structures within the immediate vicinity. This shall also include the distance
of the proposed landing area as it relates to the nearest active airport or
heliport. Proponent will include safety considerations for joint use airspace,
if applicable.
4. A location
drawing of the proposed landing area on the United States Geological Survey
topographic quadrangle series map covering landing area proponent's location,
or a Geographic Information System (GIS) map with Global Positioning System
(GPS) coordinates. These can be obtained at blueprint supply companies, or one
can be sent by DOTD, upon request, if none are available from commercial
sources.
5. Confirmation that the
landing area proposal notification was submitted to the FAA.
6. Confirmation of the FAA's airspace
determination findings.
7. The
drive time of the proposed landing area as it relates to the nearest public-use
airport.
8. Proponents requesting
new private landing area registrations shall follow the landing area design
standards from the FAA Advisory Circulars, pertaining to airports and heliport
design standards.
9. Airports or
heliports that are designated as public-owned/public-use or
private-owned/public-use shall adhere to airport state design
standards.
D.
Applications for a registration certificate shall not be accepted unless
accompanied by all documentation showing that the applicant has met all the
requirements as determined by the Louisiana Aviation Program, airspace
determinations, land-use compatibility, FAA advisory circulars, and engineering
briefs.
E. A renewal registration
certificate is required for all hospital heliports, emergency service
heliports, and any frequently used registered heliport, regardless of changes
to the heliport every five years. DOTD may initiate the renewal registration
process with the heliport owner. Renewal dates shall be included on the
registration operating certificate.
1. Airport
data shall be collected every three years through onsite inspections at all
emergency service, hospital, and special use heliports.
2. Airport data shall be collected once every
five years through onsite inspections at all private-use airports.
F. Classifications of Louisiana
Airports, Seaplane Bases and Heliports.
1.
Airports. The airports in the LASP are classified according to a simplified
version of the FAA's NPIAS classification system. This involves identifying the
airport with the type of aircraft it will principally serve. Although the LASP
classification is less complicated than that of the FAA's NPIAS, there is no
conflict between the NPIAS classification of an airport and the LASP
classification. The state classification of each publicly owned airport is in
LASP.
2. Seaplane Bases. These
facilities can be either natural waterways, or man-made seaways used on a
regular basis for take-off and landing of amphibious aircraft.
3. Heliport. Any area of land, water, or
structure used or intended to be used for the landing and takeoff of
helicopters, which has been specifically prepared for use by helicopters; any
area for use by helicopters which is open to the public; or any area-other than
those used for agricultural operations-which may have three or more takeoffs or
landings in a thirty-day period. All heliports must be registered with the
state in accordance with this chapter.
G. Aviation Safety Program. The following
standards will be utilized by DOTD when reviewing airport safety data and
airport inspection information. The Aviation Safety Program promotes and
encourages airport operational safety through direct contact with airport
sponsors and airport management through the application of methods, techniques,
and standards to improve and enhance safety conditions at general aviation
public airports. Inspections are to assess and report conditions within the
system of general aviation public airports; to inform and provide guidance to
airport sponsors on correcting safety; and other operational related
deficiencies. It ensures the data is promulgated with a degree of accuracy and
consistent with the exercise of FAA responsibilities. It will also provide for
the production of recurring and one-time special inspection reports for
management guidance, sponsor programming, and statistical analysis.
1. Inspections-Generally
a. LAP provides that the inspections detailed
in this Chapter be completed by DOTD, and details the facilities required to be
inspected by the state. The purpose of an annual airport inspection is to work
closely with airport sponsors and airport management to ensure that they are
conducting daily inspections of their airports, and ensuring proper
documentation to maintain a safe and secure facility for aviation
operations.
b. Day and/or night
inspections shall be conducted annually by DOTD. Supplemental or special
airport inspections may also be conducted by DOTD to ensure the airport sponsor
is correcting any discrepancies or deficiencies within the airport operating
environment.
c. Airport data shall
be annually collected through onsite inspections at all nonprimary, general
aviation, and public-use airports/heliports.
2. Inspection Scheduling. DOTD shall
establish control procedures to ensure ultimate accuracy of all reported data
and adherence to schedules for inspections and reporting. Inspections will be
scheduled by DOTD and written notice provided to the airport sponsor and
airport management a minimum of ten working days prior to the actual onsite
inspection. For those inspections performed under the Airport Certification
Program, written notice from DOTD shall be provided to the airport sponsor and
airport management a minimum of thirty working days prior to the actual onsite
inspection.
3. Public-Use Airport
Inspections (State Non-Certificated General Aviation Airports)
a. This section pertains only to those
general aviation airports that are state non-certificated.
b. DOTD shall conduct all airport
inspections. DOTD inspectors will assess and report all items that may be
hazardous or be defined as a deficiency, pursuant to FAA or state standards. A
representative of the airport sponsor and airport management familiar with the
operations of the airport should be available to discuss inspection criteria.
Inspectors will notate non-standard airport conditions relative to airport
pavements, obstructions, hazardous materials, wildlife hazards, navigational
aids, lighting, signage, fuel system deficiencies, navigable airspace issues,
and any other issues related to the FAA requirements.
c. The most recent Airport Master Record
shall be used by the airport inspector in conducting the inspection of an
airport. During the inspector's visit to the airport, the inspector shall
verify or correct each data element for the DOTD inspection criteria, except
those assigned to a specific office. DOTD inspectors may use any official
documents available, i.e., Airport Master Plan, Airport Layout Plan, airport
specific operations manuals, and other airport public documents to ensure the
airport master record information is accurate as possible.
d. The measurements and computations shall be
in accordance with sound engineering practices. Engineering instruments such as
hand levels, altimeters, inclinometers, distance measuring wheels/tapes,
rangefinders, and similar tools shall be used to obtain the necessary data.
Measurements obtained by "pacing" distances, "eyeballing" heights of
structures, using a vehicle's odometer, and other similar estimating practices
are not acceptable. The use of more sophisticated engineering equipment such as
a transit, rods, chains, and surveyor's stakes may be appropriate if, in the
judgment of the inspector, such equipment is necessary to obtain the required
data. Airport data will be collected at:
i.
public-use general aviation airports every year;
ii. emergency service, hospital, and special
use heliports every three years;
iii. private-use airport landing areas other
than emergency service facilities every five years; and
iv. supplemental inspections to ensure
airport sponsor compliance with correcting any safety discrepancies within the
aeronautical operating area for the Louisiana Aviation Program.
e. DOTD shall assess and report
all items that may be hazardous or defined as a deficiency by the FAA or the
state. The airport manager shall be available to discuss inspection criteria.
The latest airport master record shall be used by the airport inspector for
conducting the inspection of an airport. Each data element on the master record
shall be verified during the inspection.
f. The inspection criteria that shall be used
to assess general aviation non-certificated airports shall include: all items
that may be hazardous or be defined as a deficiency pursuant to FAA or state
standards; non-standard airport conditions; airport pavements; obstructions;
hazardous materials; wildlife hazards; navigational aids; airfield lighting;
airfield signage; fuel systems; perimeter/security fencing and access gates;
backup generators; navigable airspace issues; notice to airman; airport
self-inspections; and any noteworthy issues pertaining to aeronautical
safety.
g. The inspection criteria
used to assess general aviation certificated airports shall
include the above referenced criteria and the following: the Airport Pavement
Management Program; airport specific operation procedures; airport emergency
documented procedures; airport minimum standards; airport rates and charges;
and documented airport maintenance program.
4. Public-Use Airport Inspections
a. This section pertains only to those
general aviation airports participating in the General Aviation Airport
Certification Pilot Program (GAAC).
b. DOTD will conduct all airport inspections
professionally and accurately utilizing a predetermined airport environment
checklist of items to ensure a complete and thorough inspection. DOTD
inspectors will assess and report all items that may be hazardous or defined as
a deficiency from FAA or state standards. A representative of the airport
sponsor and airport management familiar with the operations of the airport
should be available to discuss inspection criteria.
c. Inspectors will notate unsafe airport
conditions with airport pavements, obstructions, hazardous materials, wildlife
hazards, navigational aids, lighting, signage, fuel system deficiencies,
navigable airspace issues, and any other noteworthy issues in accordance with
the FAA 5010 Master Record and the inspection criteria listed on DOTD's
website.
d. The latest airport
master record shall be used by the inspector for conducting the inspection.
During the inspector's visit to the airport, the inspector shall verify or
correct each element for the DOTD inspection criteria, except those assigned to
a specific office. DOTD inspectors may use any official documents available,
i.e., the Airport Master Plan, the Airport Layout Plan, airport specific
operations manuals, and other airport public documents, to ensure the airport
master record information is as accurate as possible.
5. Post Inspection Procedures. Once the
inspection is complete, the DOTD Inspector may review any discrepancies or
safety issues with the airport sponsor and airport management before departing
the airport. Additionally, the DOTD Inspector may discuss airport management's
responsibility in promptly notifying airmen through the local Flight Service
Station (FSS) of any condition affecting future aeronautical use of the airport
by the issuance of a Notice to Airmen (NOTAM). Where feasible, airport
inspection results shall be uploaded to the Aeronautical Data Information
Portal within five business days of the inspection. Additionally, the report
shall be transmitted to the airport sponsor and airport management within ten
business days of the inspection. The inspection reports shall include, at a
minimum, the identification of the airport inspected; any discrepancies or
safety related issues noted during the inspection; notable airport master
record revisions needed; basic maintenance items noted; and a suspense date for
basic maintenance items to be corrected by the airport sponsor. Deficiencies
needing correction shall be noted by DOTD and provided to the airport sponsor
in writing, following the inspection, within ten business days. Airports shall
be given a time period of not less than 30 days, but not more than 90 days, to
correct any basic maintenance or safety deficiencies. A follow up supplemental
inspection of the correctable deficiencies may be scheduled by the DOTD
inspector to confirm the noted deficiencies have been addressed.
6. Airport Compliance. The maintenance and
repair of discrepancies after an annual safety inspection shall be completed
within a period specified by DOTD. If the airport sponsor fails to correct the
discrepancies, this will be annotated on the inspection report log at DOTD.
DOTD may schedule and conduct any supplemental or special airport inspections
as needed to ensure the safety of aircraft and aeronautical operations at any
public-use airport in the LAS without notice.
7. DOTD Inspectors. DOTD inspectors shall
have training on airport, aerodrome, and aviation operational environments to
ensure safety of aeronautical operations with the Louisiana Aviation Program.
Training may be completed through an FAA training program or certified aviation
stakeholder industry training programs.
H. Review of Landing Area Proposals. Upon
receipt of the FAA determination, and following a reasonable period for review,
DOTD will provide the proponents with a statement of its findings and issue a
notice of no objection to the establishment and use of the proposed landing
area, if such is appropriate. The review may include the following:
1. review of site in comparison with FAA
and/or state minimum safety standards, as appropriate;
2. the solicitation of comments by the local
governing bodies and local residents;
3. review of the application submitted to
ensure accuracy of information submitted;
4. site inspections;
5. potential impacts to the LAS, including
current landing areas that are within a 30-minute drive time of the proposed
landing area;
6. the solicitation
of any approval documentation from local municipality zoning boards or
commissions, construction approval agencies, or public
laws/ordinances;
7. any other
lawful means of gathering needed information.
I. Administrative Remedy for Rejection of
Application.
R.S.
2:13 provides, in pertinent part, that where
the department rejects an application for permission to operate or establish an
airport, landing field, air school, flying club, air beacon, air navigation
facility, or in any case where the department shall issue any order requiring
certain things to be done, it shall set forth its reasons and shall state the
requirements to be met before such approval will be given or the order modified
or changed. In any case where the department may deem it necessary, it may
order the closing of the items detailed above until it complies with the
requirements of the department. The secretary of DOTD and/or any person
designated by him and any officers, state, parish, or municipal, charged with
the duty of enforcing this Chapter, may inspect and examine at reasonable hours
any premises, buildings and other structures thereon, where the items detailed
above are operated. Any order made by the department shall be served upon the
interested person by registered mail or in person before such order shall
become effective.
J. Failure to
Comply. Failure to comply with appropriate directives of DOTD may result in
penalties. R.S. 2:12 provides that the
department, its members and employees, and every state, parish, and municipal
officer charged with the enforcement of state and municipal laws, shall enforce
and assist in the enforcement. The department is also authorized to enforce the
provisions by injunction in the district courts of this state.
Notes
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