Airport Responsibility for Wildlife Management (2013)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

85 APPENDIX C—FEDERAL AUTHORITIES Table C-1. Statutes Citation Subject Content Summary National Environmental Policy Act 42 U.S.C. § 4321 Federal law that establishes requirements and procedures for environmental review of federal agency actions. 49 U.S.C. § 47101 Airport Funding—Airport Improvement Grants Makes the safe operation of the airport and airway system the “highest aviation priority” and provides for aviation facilities to be constructed and operated to minimize noise impact (current and projected) on nearby communities. 49 U.S.C. § 40101(a)(1) Air Commerce and Safety Federal policy concerning economic regulation of air commerce includes direction to the USDOT Secretary to consider “assigning and maintaining safety as the highest priority in air commerce” as a matter of the public interest. 49 U.S.C. § 40101(c) Reducing and Eliminating Accidents FAA must prioritize reduction or elimination of accidents when implementing its statutory safety requirements. The statute specifies that the FAA Administrator is obligated to fulfill its statutory obligations “in a way that best tends to reduce or eliminate the possibility or recurrence of accidents” concerning air transportation. 49 U.S.C. § 40101(d) Air Commerce and Safety In regulating air commerce the FAA must consider, among other safety considerations specified by federal law to be in the public interest, maintenance and enhancement of safety and security as the highest priority and must address the regulation of air commerce in a way that best promotes safety. 49 U.S.C. § 40103 Federal Aviation Act Safety Federal law also directs that the FAA’s air traffic regulations must address navigation, protection, and identification of aircraft; protection of individuals and property on the ground; efficient use of navigable airspace; and prevention of collisions between aircraft and other vehicles or airborne objects. 49 U.S.C. § 44701 et seq. Airport Certification FAA is the agency authorized to issue operational certificates, including airman certificates, airworthiness certificates, air carrier operating certificates, and airport

86 Citation Subject Content Summary operating certificates. The FAA is required to carry out its federal requirements “in a way that best tends to reduce or eliminate the possibility or recurrence of accidents” in air transportation. 49 U.S.C. § 44701(a) Safety Regulation—General Requirements FAA is required to promote safety in civil aircraft flight operations by prescribing minimum safety standards for aircraft operations. The FAA must adopt regulations “required in the interest of safety” for aircraft design, material, equipment, construction, performance, inspection, and servicing. These regulations also must address provisions for reserve supplies of aircraft, aircraft equipment, and fuel oil, and for maximum hours of service for airmen and other air carrier employees. The statute also authorizes the FAA to adopt additional regulations and minimum standards when the FAA determines other practices, methods, or procedures concerning other aspects of aircraft operations are necessary for safety in air commerce. 49 U.S.C. § 44701(b) Minimum Safety Requirements The FAA is authorized to adopt safety regulations for certificated airports and air carriers. The statute allows the FAA to prescribe minimum safety standards for air carriers issued under an operating certificate by the FAA. The statute also specifies that the FAA may promulgate regulations imposing minimum safety standards on certificated airport operators. 49 U.S.C. § 44701(d) Safety Regulation—General Requirements In adopting safety regulations, the FAA must consider an air carrier’s duty to “provide service with the highest possible degree of safety in the public interest.” 49 U.S.C. § 44701(f) Minimum Safety Requirements FAA Administrator may grant an exemption from a regulatory requirement prescribed by the FAA safety regulations when the exemption is determined to be in the public interest. 49 U.S.C. § 44706 Airport Certification The FAA is the agency directed to issue an airport operating certificate to a person desiring to operate an airport that meets one of the following criteria: 1) serves an air carrier operating aircraft designed for at least 31 passenger seats; 2) is not located in Alaska and serves scheduled passenger operation of an air carrier with aircraft designed for 10–30 passenger seats; and 3) requires a certificate

87 Citation Subject Content Summary based upon the determination of the FAA Administrator. 49 U.S.C. § 44706(b) Airport Certification Federal law directs that the airport operating certificate contain terms required to ensure safety in air transportation. 14 C.F.R. § 139.105 Airport Certification Federal law authorizes the FAA to reinspect certificated facilities and to reexamine issued operating certificates. The applicant for or holder of an airport operating certificate must consent to inspections of the airport facility to ensure compliance with FAA certification requirements. 49 U.S.C. § 44709 Airport Certification FAA is authorized to amend, modify, suspend, or revoke an airport operating certificate. The process for issuance and amendment, modification, suspension, or revocation of airport operating certificates is specified in federal statutes and regulations. 49 U.S.C. § 44709(b)(1)(A(49) FAA amendment, modification, suspension, or revocation of an airport operating certificate include the agency’s determination that “safety in air commerce or air transportation and the public interest” require this action. 49 U.S.C. § 44723 Federal Aviation Act Safety Requires the USDOT to submit an annual report to Congress concerning the FAA’s safety enforcement activities. Specifies report include description of FAA operational measures of effectiveness to evaluate emerging safety problems and the agency’s efforts to update agency guidance and regulations to address technological, management, and structural changes in the aviation industry. The annual report also must include a description of the aviation industry’s compliance with aviation regulations and safety record during fiscal year. 49 U.S.C. § 46101 Federal Aviation Act Safety Federal law specifies the process for the FAA to investigate the complaint and to take action (e.g., issue an order) to compel compliance with the statutory requirements if warranted. 49 U.S.C. § 46105 Federal Aviation Act Safety FAA may issue emergency regulations or an emergency order, based on a complaint or on its own initiative, when the FAA determines an emergency exists concerning safety in air commerce. The agency order remains in effect for the duration specified in the order or until the order is superseded.

88 Citation Subject Content Summary 49 U.S.C. § 46106 Federal Aviation Act Safety Federal law also authorizes the FAA or the Attorney General to file a civil action to enforce statutory aviation safety requirements, FAA regulatory requirements, or the requirements of any agency order, certificate or permit. 49 U.S.C. § 46107 Federal Aviation Act Safety Federal law also authorizes the FAA or the Attorney General to file a civil action to enforce statutory aviation safety requirements, FAA regulatory requirements, or the requirements of any agency order, certificate, or permit. 49 U.S.C. § 46108 Federal Aviation Act Safety A civil action may be filed by an “interested person” to enforce the statutory certification requirements. 49 U.S.C. § 46110 Federal Aviation Act Safety FAA order may be appealed by a person “disclosing a substantial interest” in the order. 49 U.S.C. § 47102(3) Airport Funding Federal law defines the types of activities that may be eligible for AIP grants. The statutory definition of “airport development” identifies numerous activities related to construction, repair, or improvement of a public use airport. 49 U.S.C. § 47102(4) Airport Funding The statute defines an “airport hazard” as a structure, natural growth, or land use on or near a public use airport that “obstructs or otherwise is hazardous” to take off or landing of aircraft. 49 U.S.C. § 47102(5) Airport Funding “Airport planning” is defined in the statute to include integrated airport system planning to provide information regarding the extent, kind, location, and timing of future airport development. 49 U.S.C. § 47102(8) Airport Funding “Airport planning” defined to include integrated airport system planning with extent, kind, location, and timing of future development. 49 U.S.C. § 47104 Airport Funding Federal law authorizes the FAA to award grants from the Airport and Airway Trust Fund for the purpose of maintaining a “safe and efficient nationwide system of public-use airports” meeting present and future needs of civil aviation. 49 U.S.C. § 47105 Airport Funding The application and process for FAA award of AIP grants are specified in the statute. 49 U.S.C. § 47106 Airport Funding The grant application may be approved if the FAA determines the airport project is consistent with authorized airport plans, will contribute to implementing Federal Aviation Act provisions, and the airport grant recipient (sponsor) has the

89 Citation Subject Content Summary legal authority and financial capability to implement the project as proposed. 49 U.S.C. § 47107 FAA Grant Assurances Federal law provides that the FAA may approve a grant application for an airport development project only if the airport project grant recipient provides to the FAA the 21 general written assurances associated with airport operations specified in the statute. 49 U.S.C. § 47107(a)) FAA Grant Assurances The general written assurances also include safety assurances, providing that the airport sponsor will take appropriate action to: 1) ensure the airport terminal airspace will be cleared and protected by mitigating existing airport hazards and preventing future hazards; and 2) restrict, to the extent reasonable, the use of land next to or near the airport to uses that are compatible with normal airport operations. 49 U.S.C. § 47107(b)-(e) FAA Grant Assurances Federal law also requires the airport sponsor to provide written assurances concerning airport revenue use, land acquisition, and opportunities for small business concerns. 49 U.S.C. § 47107(g)-(h) FAA Grant Assurances The statute also provides the process for the FAA to modify written assurances applicable to an airport sponsor. 49 U.S.C. § 47130 Air Commerce and Safety FAA also must consider the interests of safety and efficiency of civil and military operations in controlling the use of the navigable airspace and regulating aircraft operations. In addition, federal law authorizes the FAA to contract or award grants for collection of airport safety data. 49 U.S.C. § 47141 Assurances: Compatible Land Use The purpose of land-use compatibility projects eligible for funding is specified to be making land surrounding airports (large hub and medium hub) compatible with aircraft operations. 49 U.S.C. § 47141(b) Assurances: Compatible Land Use The statute specifies that a land-use compatibility grant may be awarded only upon a determination that the land-use plan or project meets the statutory requirements and that the airport operator has not submitted a noise compatibility plan or plan update within the preceding 10 years.

90 Table C-2. Regulations Citation Subject Content Summary 49 C.F.R. Part 18 FAA Grant Assurances Incorporates compliance with uniform administrative requirements for issuance of grants and cooperative agreements to state and local governments. 14 C.F.R. Part 77 Objects Affecting Navigable Airspace Establishes standards for determining obstructions in navigable airspace; outlines the requirements for notifying the FAA of certain proposed construction or alteration; provides for aeronautical studies of obstructions to air navigation in order to determine their effect on the safe and efficient use of airspace; and provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation. 14 C.F.R. Part 139 Certification of Airports Prescribes rules governing the certification and operation of land carriers that are conducted with an aircraft having a seating capacity of more than 30 passengers. It includes provisions describing the contents, preparation, and maintenance of an airport certification manual. 14 C.F.R. § 139.101 Airport Operating Certificates Provides for regulations of airports required to obtain FAA certification based on the criteria specified in the regulations. 14 C.F.R. § 139.101(c) Airport Operating Certificates Specifies FAA certification regulations also do not apply to Alaska airports: 1) at any time if the airport only serves scheduled operations of small air carrier aircraft and does not serve scheduled or unscheduled operations of large air carrier aircraft; or 2) during periods when other Alaska airports are not serving large air carrier aircraft operations. 14 C.F.R. § 139.103 Airport Operating Certificates Specifies the requirements for application and issuance of an airport operating certificate. Requires the airport operator to submit a certification application and a proposed airport certification manual satisfying the FAA requirements. 14 C.F.R. § 139.105 Airport Operating Certificates Requires airport operator applying for certification to allow the FAA to make scheduled or unannounced inspections to determine compliance with Federal Aviation Act and the FAR certification requirements. 14 C.F.R. § 139.107 Airport Operating Certificates Specifies FAA will issue the airport operating certificate if the applicant demonstrates

91 Citation Subject Content Summary compliance with the regulatory requirements and satisfies the FAA conditions. Those conditions include FAA approval of the airport operator’s airport certification manual. In addition, the FAA must conclude after investigation that the airport operator “is properly and adequately equipped and able to provide a safe airport operating environment” consistent with any safety limitations imposed by the FAA and the airport certification manual’s requirements. 14 C.F.R. § 139.201 Airport Operating Certificates —FAA Regulations Specifies the requirements for application and issuance of an airport operating certificate. The airport operator must submit a certification application and a proposed airport certification manual satisfying the FAA requirements. 14 C.F.R. § 139.203(a) Airport Operating Certificates —FAA Regulations Includes the airport’s operating procedures, facilities and equipment, and responsibility assignments related to airport operations. 14 C.F.R. § 139.203(b) Airport Operating Certificates —FAA Regulations Provides description of airport operator’s procedures for wildlife hazard management (required for airport certification manual). 14 C.F.R. § 139.303 Airport Operating Certificates —FAA Regulations Requires an airport operating certificate holder to provide and equip “sufficient and qualified trained personnel” to comply with the FAA’s airport certification manual requirements. 14 C.F.R. § 139.337(a) Airport Operating Certificates Requires airports receiving certification from the FAA under 14 C.F.R. Part 139 to take action to address wildlife hazards. The FAR specify the airport operator “must take immediate action to alleviate wildlife hazards whenever they are detected.” Airports issued airport operating certificates from the FAA are required to address wildlife hazards. According to the FAR, a certificated airport operator “must take immediate action to alleviate wildlife hazards” when detected. 14 C.F.R. Part 139.5 Airport Operating Certificates Specifies FAA certification regulations do not apply to heliports, airports operated by the United States, or airports serving scheduled air carrier service only based on designation as an alternate airport. Defines “wildlife hazard” as a “potential for a damaging aircraft collision with wildlife on or near an airport.” Wildlife in this regulatory definition specifically includes feral animals and domestic animals not within the control of their owners.

92 Citation Subject Content Summary 14 C.F.R. Part 150 Airport Noise Compatibility Planning Applies to the airport noise compatibility planning activities of public-use airports, including heliports. Outlines the procedures for developing and submitting airport noise compatibility programs. 14 C.F.R. Part 151 Federal Aid to Airports Provides detailed information regarding FAA airport construction and development grants. It also specifies that all airport development under the federal-aid airport program must be done in accordance with an approved airport layout plan. Provides airport layout plan and any changes to the layout are subject to FAA approval. Lists the advisory circulars that are incorporated in the airport development standards. 14 C.F.R. Part 152 Airport Aid Program Governs funding for airport planning and development under the Airport and Airway Development Act of 1970, as amended. It outlines eligibility requirements and application procedures; funding, accounting, and reporting requirements; nondiscrimination in airport aid programs; suspension and termination of grants; and energy conservation programs. 14 C.F.R. Part 157 Notice of Construction, Alteration, Activation, and Deactivation of Airports Defines the requirements for notifying the FAA when proposing to construct, alter, activate, or deactivate a civil or joint-use (civil/military) airport or to alter the status of such an airport. 14 C.F.R. Part 170 Establishment and Discontinuance Criteria for Air Traffic Control Services and Navigational Facilities Specifies criteria for establishment of air traffic control services. 14 C.F.R. Part 171 Non-Federal Navigation Facilities Specifies procedures for requests for instrument flight rules (IFR) procedures, minimum requirements for approval, performance requirements, installation requirements, and maintenance and operations requirements for non-federal aids to navigation. This could include VHF omnidirectional range (VOR) facilities, nondirectional radio beacons, instrument leading system (ILS) facilities, microwave landing system (MLS) facilities, and others.

93 Table C-3. Federal Aviation Administration—Directives, Policy, and Guidance Citation Subject Content Summary CIRCULAR FAA Advisory Circular No. 150/5200-33B August 28, 2007 Hazardous Wildlife Attractants On or Near Airports Addresses location of land uses on or in the vicinity of public use airports that have the potential to attract hazardous wildlife. Specifies separation criteria (5,000 ft and 10,000 ft, depending on the type of aircraft served) between an airport’s operations areas (e.g., aircraft movement, loading ramps, and aircraft parking) and uses that may be wildlife attractants. FAA Order JO7110.65T February 11, 2010 Air Traffic Control Prescribes air traffic control procedures and terminology for air traffic control personnel. Requires personnel to issue periodic advisory information on pilot-reported, tower-observed, or radar-observed and pilot-verified bird activity, including location, species, and size of birds, and to relay information to adjacent facilities when bird activity may become a factor in those areas (2-1-22: Bird Activity Information). FAA Advisory Circular No. 150/5200-36 June 28, 2006 Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments and Training Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on Airports Specifies the minimum requirements for the initial and recurring wildlife hazard management curriculum provided to airport personnel involved in implementing an FAA- approved Wildlife Hazard Management Plan. Identifies the qualifications for wildlife biologists conducting Wildlife Hazard Assessments for certificated airports. FAA Advisory Circular No. 150/5200-32A December 22, 2004 Reporting Wildlife Aircraft Strikes (December 22, 2004): Explains the importance of reporting collisions between aircraft and wildlife, more commonly referred to as wildlife strikes. Also examines recent improvements in the FAA's Bird/Other Wildlife Strike Reporting system, how to report a wildlife strike, what happens to the wildlife strike report data, how to access the FAA National Wildlife Aircraft Strike Database, and the FAA’s Feather Identification program.

94 Citation Subject Content Summary FAA CertAlert 09-10 June 11, 2009 Wildlife Hazard Assessments in Accordance with Part 139 Requirements Describes the requirements in 14 C.F.R. § 139.337(b) to conduct a wildlife hazard assessment when a triggering event (as specified in the FAA regulations) occurs. Specifies the content of the assessment and qualifications for the person conducting the assessment and the required content of the assessment report. Identifies the FAA concern that airport operators that have had triggering events have not conducted a wildlife hazard assessment as required by the FAA regulations. FAA CertAlert 06-0 November 21, 2006 Requests by State Wildlife Agencies to Facilitate and Encourage Habitat for State- Listed Threatened and Endangered Species and Species of Special Concern on Airports Describes the procedures for airport operators and FAA certification inspectors to respond to requests by state wildlife agencies to facilitate and encourage habitats for state-listed threatened and endangered species or species of special concern occurring on airports that may pose a threat to aviation safety. Discusses concerns regarding techniques that may increase wildlife hazards, be inconsistent with safe airport operations, and create a threat to aviation safety. FAA CertAlert No. 02-06 October 1, 2002 Access to the FAA National Wildlife Aircraft Strike Database Describes information available in the FAA National Wildlife Aircraft Strike Database for airport operators, airline operators, and FAA airport certification safety inspectors, and provides these operators and inspectors with instruction on obtaining access to the information in the National Wildlife Aircraft Strike Database. FAA CertAlert 04-16 December 13, 2004 Deer Hazard to Aircraft and Deer Fencing Provides recommendations concerning the types of fencing and requirements for fencing installation and maintenance to prevent deer from entering aircraft movement areas. Describes dangers associated with deer within aircraft movement areas.

95 Citation Subject Content Summary FAA CertAlert 04-09 August 30, 2004 Relationship between FAA and WS Identifies the roles and responsibilities of the FAA and the United States Department of Agriculture/Animal and Plant Health Inspection Service/Wildlife Services (WS) concerning wildlife hazards on or near airports. Describes the FAA’s role in airport operator certification, the requirement for certificated airports to develop and implement a wildlife hazard management plan, and the WS role in conducting wildlife hazard assessments. Describes the Memorandum of Understanding between the FAA and WS (No. 12-4-71-0003- MOU), which establishes a cooperative agency relationship for resolving wildlife hazards to aviation. FAA CertAlert 03-03 August 29, 2003 Guidelines for Submitting Bird Strike Feather Remains for Identification Specifies guidelines for collection of feather and other bird/wildlife remains by aircraft operators, airport operating and maintenance inspectors, and foreign air carriers operating at United States airports. Describes the process for submission of remains to the feather identification lab at the Smithsonian Institution, Museum of Natural History. Explains the importance of identification research for understanding and preventing bird-aircraft strike hazards, and the role of operators and carriers for maintenance of a comprehensive database, accuracy of species identification, and for providing species identification information to the FAA. FAA CertAlert 98-05 September 21, 1998 Grasses Attractive to Hazardous Wildlife Recommends that airport operators ensure that specified grass species and other varieties of plants attractive to hazardous wildlife are not used on airport property. Provides guidelines for avoiding use of these species for planting disturbed areas or areas in need of revegetation and for maintenance of areas already planted with these species. Describes threats to aircraft safety associated with concerns about planting with grass seeds that are major attractants to doves and other seed-eating birds. FAA CertAlert 97-09 November 17, 1997 Wildlife Hazard Management Plan Outline Describes the required content of a wildlife hazard management plan.

96 Citation Subject Content Summary NEPA Order 1050.1E June 8, 2004 Policies and Procedures for Considering Environmental Impacts Establishes the FAA agency-wide policies and procedures for compliance with NEPA and implements regulations issued by the Council on Environmental Quality. NEPA Order 5050.4B April 2006 Implementing Instructions for Airport Projects Provides instructions to FAA personnel for satisfaction of NEPA requirements for airport actions under FAA authority. Table C-4. Other Federal Agency Directives, Policy, and Guidance Citation Subject Content Summary USDA Directive 2.305 (April 15, 1998) Wildlife Hazards to Aviation Provides guidelines for Wildlife Services (WS) technical and/or direct control assistance to airport managers, State aviation agencies, aviation industry, FAA, and Department of Defense regarding hazards caused by wildlife to airport safety. Describes assistance to federal and state agencies, airport managers, and the aviation industry to reduce wildlife hazards according to the FAA-WS Memorandum of Understanding. Explains that WS may conduct wildlife hazard assessments and management plans or provide technical assistance activities to minimize hazards caused by wildlife pursuant to cooperative agreements. Specifies WS will provide recommendations and assistance to airport managers to obtain necessary federal and state permits required to take protected wildlife species at airports.