Ala. Admin. Code r. 450-9-3-.15

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

Section 450-9-3-.15 - Airport Closure Procedures

(1) Any airport licensed by the Department may be closed in one of the following ways:

(a) Mandatory Closure - In consultation with the Airport Inspector conducting the most recent annual airport inspection, the Director is authorized to issue a written "Mandatory Closure Notice" to any airport owner that fails to maintain the licensed landing area within the minimum safety requirements prescribed by this chapter. All landing areas for which an operating license has been issued must be maintained in a condition that meets or exceeds the minimum safety requirements set forth in this chapter. A "Mandatory Closure Notice" will be issued if it is reasonably determined by the Director that violation(s) of the minimum safety requirements defined by this chapter may pose a substantial and continuing threat to the safety of aircraft operating to, from or on the subject airport. The written notice will contain a specific description of the safety violations giving cause for the closure and the actions that must be taken by the airport owner to correct each specified violation. Unless otherwise appealed by the airport owner, the mandatory closure of an airport will become effective thirty (30) days after the date of issuance of the "Mandatory Closure Notice".

(b) Emergency Closure - In consultation with the Director, an Airport Inspector is authorized to issue an "Emergency Closure Notice" when he or she reasonably determines, by an on-site visit, a condition exists that constitutes a substantial and immediate threat to the safety of aircraft operating to, from or on a licensed airport. An emergency closure will take effect immediately. Upon a determination that an emergency closure is warranted, the Airport Inspector will, without delay, notify the airport owner of the observed safety violation(s) and will immediately contact the FAA for the issuance of a closure NOTAM. It will be the airport owner's responsibility to notify all airport tenants of the closure. Within twenty-four (24) hours of the emergency closure, the Airport Inspector will provide the airport owner with written verification of the closure action. The written verification will contain a specific description of the safety violations giving cause for the emergency closure and the actions that must be taken by the airport owner to correct each specified violation. The emergency closure will be rescinded only when the corrective actions have been taken by the airport owner and verified by the Department.

(c) Voluntary Closure - A voluntary closure is an action initiated by the airport owner. The owner of a licensed airport may initiate procedures to permanently close a landing area by notifying the Department in writing of an intent to abandon the site as a landing area. The airport owner's written notification of voluntary closure must set forth the reasons for closure and the proposed date of closure. The written notification must also describe how the airport property will be used in the future. It is the airport owner's responsibility to notify all airport tenants and known airport users of the intent to close the landing area and to show proof to the Department that such notification has occurred. If the Director concurs with the request for voluntary closure, the Department will notify the airport owner in writing that the airport may be temporarily closed pending final approval for permanent closure by the Commission.

(d) Maintenance/Construction Closure - An airport may be temporarily closed by the airport owner for the purpose of performing maintenance or construction work that may interfere with the safety of aircraft operating to, from or on the airport. It is the responsibility of the airport owner to contact the FAA for the purpose of issuing a NOTAM about the airport closure. The airport owner shall also notify the Department in writing about the work to be performed and anticipated beginning and ending dates of the closure.

(2) An airport owner may appeal a mandatory or emergency closure by submitting a written request to the Department within thirty (30) days of the date of the closure action. The written appeal must include justification for the airport to remain open and a detailed description of the actions that will be taken by the airport owner to correct the safety violations giving cause for the closure. The appeal will be submitted to the Commission for its consideration at the meeting next scheduled after the closure action. The airport will remain closed during the duration of the appeal to the Commission.

(3) An airport that becomes subject to either a mandatory, emergency or voluntary closure that is permanent will be deemed in noncompliance with any written grant agreements that the airport owner has entered into with the Department during a period of twenty (20) years prior to the closure action. Airport owners that accept a grant or grants from the Commission and that fail to comply with the terms of the grant agreements may be required to fully reimburse all monies to the Department that have been accepted by the airport within the preceding twenty (20) years of the closure date. Unless otherwise waived by a unanimous vote of the Commission members present at a duly called meeting, the amount to be reimbursed for noncompliance with the terms of the grant agreements will be for the total amount of all monies granted by the Commission within twenty (20) years of the proposed closure action.

(4) All closed airports must place yellow X's on each runway end. Turf or sod runways must have all runway markings removed.

Author: ADA

Ala. Admin. Code r. 450-9-3-.15

New Rule: Filed January 28, 1998; effective March 4, 1998.

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