No. 35326 (Amendment): Rule R914-1. Rules and Regulations of the Utah State Aeronautical Committee

(Amendment)

DAR File No.: 35326
Filed: 10/12/2011 11:46:39 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to eliminate reference to the Utah Aeronautical Committee, which no longer exists, to provide some discretion in the licensing process, to correct statutory citations, and make other stylistic and grammatical corrections.

Summary of the rule or change:

The change eliminates reference to the Utah Aeronautical Committee, which no longer exists, provides some discretion in the licensing process, corrects statutory citations. and makes other stylistic and grammatical changes.

State statutory or constitutional authorization for this rule:

• Section 72-10-116
• Section 72-10-103

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the changes only bring the rule up to date with the current structure of the Department and make other stylistic and grammatical changes.

local governments:

There is no anticipated cost or savings to local government because the changes only bring the rule up to date with the current structure of the Department and make other stylistic and grammatical changes.

small businesses:

There is no anticipated cost or savings to small business because the changes only bring the rule up to date with the current structure practices of the Department and make other stylistic and grammatical changes.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses or local government entities because the changes only bring the rule up to date with the current structure and practices of the Department and make other stylistic and grammatical changes.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the changes only bring the rule up to date with the current structure and practices of the Department and make other stylistic and grammatical changes.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no anticipated fiscal impact on businesses because the changes only bring the rule up to date with the current structure and practices of the Department and make other stylistic and grammatical changes.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Operations, Aeronautics
135 N 2400 W
SALT LAKE CITY, UT 84116-2982

Direct questions regarding this rule to:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2011

This rule may become effective on:

12/08/2011

Authorized by:

John Njord, Executive Director

RULE TEXT

R914. Transportation, Operations, Aeronautics.

R914-1. Rules and Regulations[ of the Utah State Aeronautical Committee].

R914-1-1. Purpose and Authority.

[A.] The purpose of [T]this rule is to regulate the use, licensing and supervision of airports, govern the establishment, location and use of air navigational aids, and establish[ed] minimum standards for operational safety as authorized and required by Section 72-10-103.

 

R914-1-2. Definitions.

[A.] As used in this rule:

(1) [Committee - the Utah Aeronautical Committee]"Department" means the Utah Department of Transporation;

(2) "FAA " [-]means the Federal Aviation Administration ; and

(3) Division [-]means the Aeronautical Operations Division .

 

R914-1-3. Licensing, Inspection and Closure of Airports.

[A.] In accordance with Section 72-10-11[7]6, all public use airports will be licensed annually by the Aeronautical Operations Division.

(1[.]) A license will be granted provided the airport is found to substantially meet all safety requirements.

(2[.]) The Division may refuse or revoke a license and close an airport if safety criteria is not met.

(3[.]) Safety criteria required includes:

(a[.]) [N]no pot holes or rutting in the surface of the runway, taxiway, or parking area[.];

(b[.]) [N]no break-up of paved surfaces or improperly maintained surface[.];

(c[.]) [N]no obstructions in the approach path or near the airport that cause an unsafe condition[.];

(d[.]) [N]no excessive growth of vegetation in the runway or taxiway surface[.];

(e[.]) [N]no inoperative or obscured runway or taxiway lighting system[.];

(f[.]) [N]no unsecured airport area that allows livestock, people, or vehicles uncontrolled access to the runways, taxiways, or airport area[.];

(g[.]) [N]no improper or inadequate runway marking[.]; and

(h[.]) [N]no other items that can be determined to be a hazard to the operation of aircraft.

(4) A license may be issued at the discretion of the Division if an airport does not comply with all safety requirements but is satisfactorily working with the Division to correct any known deficiencies.

 

R914-1-4. Establishment and Location of Navigational Aids.

[A.] Procedure .

(1[.]) Location site is selected.

(2[.]) Site is surveyed for location and elevation.

(3[.]) Selected site is submitted to the FAA for approval.

(4[.]) Upon receiving FAA approval, navigational aid may be installed.

(5[.]) After installation, navigational aid is checked and certified for operation by the FAA.

 

R914-1-5. Operational Safety.

[A.] In order to enhance the safety of aircraft operations and protect people and property, the [Committee]Department imposes the following operational safety rules[:].

(1[.]) All pilots operating aircraft in the State of Utah will comply with applicable Federal Aviation Regulations[, Part 61, August 31, 1989; Part 91, April 6, 1989; Part 135, April 6, 1989; and Part 121, July 24, 1989].

(2[.]) Obstruction to flight[:]. Any obstacle or structure which obstructs the airspace above the ground or water level which is determined to be a hazard to the safe flight of aircraft shall be plainly marked, lighted or removed.

(3[.]) Determination of obstruction[:]. When an obstacle or structure is determined to be a hazard to flight, the owner will be notified and will have ten days after receipt of the notice to take action to correct the hazard or appeal the determination to the [Committee]Department.

 

KEY: air traffic, aviation safety, airports, airspace

Date of Enactment or Last Substantive Amendment: [1990]2011

Notice of Continuation: October 23, 2007

Authorizing, and Implemented or Interpreted Law: 72-10-103; 72-10-11[9]6

 

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