Ala. Admin. Code r. 450-9-3-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 450-9-3-.09 - License Categories And Requirements

(1) There are two main categories of airport licenses:

(a) Public Use - Airport that is publicly or privately owned which meets minimum standards set forth in this chapter and is open to the general flying public with no restrictions. To be licensed in a public use category, an airport shall meet without exception the minimum standards of a total runway length of 2000 feet and a primary surface width of 250 feet. The minimum usable runway width of 60 feet shall be applied to hard surface runways and a minimum usable runway width of 60 feet shall be applied to turf or sod runways.

(b) Private Use - Airport that is used primarily by the licensee but available for use by others upon specific invitation of the licensee. To be licensed in a private use category, an airport shall meet without exception the minimum standards of a total runway length of 1800 feet. The minimum usable runway width of 60 feet shall be applied for hard surface runways and a minimum usable runway width of 60 feet shall be applied to turf or sod runways. The primary surface width for private use airports shall extend 30 feet from the sides of the marked runway, which will result in a minimum primary surface width of 120 feet. Invitation of licensee refers to a specific offer and acceptance type of invitation, not an invitation offered to the general public. A holder of a private airport license cannot advertise in a newspaper or other publication that all airplane owners or certain aircraft type owners are invited to be the licensee's guest at this private airport. An invitation to land on or use the facilities of a private airport must consist of an invitation and a response. Communications between individuals, not a general offer to come to the airport, must exist.

(2) Special Licenses. When other license categories are not applicable, the Department may issue special-use or restricted licenses on a case-by-case basis. Types of these licenses are:

(a) Special Event - This type license is issued for specific events that require a license to meet local zoning ordinances. This license is not intended to establish a regularly used airport and is usually restricted to one type of aircraft with a specific date and time of use at a specified site. The use of this type of license must be coordinated with the Department in each instance the site is to be used.

(b) Special Use - This type of license is issued for a specific type of operation and limited to a specific type of aircraft. This type of license is primarily used for aerial application or banner towing operations where a permanent site has been constructed but does not meet the construction requirements of any other type license. This license is issued to the owner of the property where the landing area is situated or a lessee. This license is restricted to use by the licensee's aircraft only. The pilots of these aircraft are required to be employed by or under direct supervision of the licensee.

(c) Limited Use - This type of license is issued for a specific category of aircraft based on the aircraft approach speed. This is the least restrictive type of issued license issued. The license is issued for one of two categories:

(I) Category A (Approach speed of less than 30 knots) - To be licensed in this category the airport must meet the minimum requirement of a total runway length of 500 feet and a primary surface width of 100 feet. The minimum requirement for the runway width is 50 feet.

(II) Category B (Approach speed of less than 50 knots) - To be licensed in this category the airport must meet the minimum requirement of a total runway length of 1000 feet and a primary surface width of 100 feet. The minimum requirement for the runway width is 50 feet.

(III) Any airport issued a limited-use license is required to maintain a clear approach slope of 15:1 within the boundaries of the approach and departure path. The approach and departure path shall be centered along the extended runway centerline and will begin at the end of the marked runway. The approach and departure path dimensions for this type of license are as follows:

INNER WIDTH OUTER WIDTH LENGTH ACREAGE

100 FEET 300 FEET 750 FEET 3.44 ACRES

(IV) In the event the Department determines that an airport owner licensed under Category A or B of this subsection has permitted use of the airport by an aircraft with an approach speed greater than that specified by the type licensed issued, the Department will deem the airport owner to be in violation of his or her license and such license may be subject to revocation.

(3) Change of license category - The change of the category of an issued license is permissible if the landing area meets the minimum requirements for that license category to which the change is requested. The request for a change of category will be made in writing to the Director of Aeronautics at the department's address.

(4) Exemptions from licensing and inspection requirements -

(a) Airports owned or controlled by the Federal government are not required to be licensed.

(b) Personal-Use airports are not required to be licensed. A Personal-Use airport is a restricted landing area on private property, designated for the sole use of the property owner and his or her immediate family.

(c) FAA Certificated Airports - Any airport meeting the requirements of the FAA Certification Program that are inspected by FAA Certification Inspectors are not required to be inspected by Department Inspectors. The operating license will be renewed annually upon a determination by the FAA that the facility is in compliance with FAA requirements.

Author: ADA

Ala. Admin. Code r. 450-9-3-.09

New Rule: Filed January 28, 1998; effective March 4, 1998. Amended: Filed February 1, 2000; effective March 7, 2000.

Statutory Authority:Code of Ala. 1975, §§ 4-2-33, 4-2-37.