La. Admin. Code tit. 70 § IX-101

Current through Register Vol. 50, No. 11, November 20, 2024

Section 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.

La. Admin. Code tit. 70, § IX-101

Promulgated by the Department of Transportation and Development, Office of Highways, LR 6:163 (May 1980), amended LR 6:559 (September 1980), amended by the Department of Transportation and Development, Intermodal Transportation Division, LR 33:510 (March 2007), Amended by the Department of Transportation and Development, Intermodal Transportation Division, Aviation Section, LR 42757 (5/1/2016), Amended by the Department of Transportation and Development, Office of Multimodal Commerce, LR 491414 (8/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 2:5 through R.S. 2:17.