Current through Register Vol. 48, No. 12, March 22, 2024
a) Transfer of Certificate of Approval. Any
applicant desiring to have an airport or RLA Certificate of Approval
transferred to his or her name must complete the following process.
1) Complete and sign an Application to
Transfer Certificate of Approval form (Form AER 2058). This application must
also be signed by the present Certificate Holder (if available) and notarized.
An original application must be mailed or delivered to the Division.
2) Include proof that the applicant has the
authority to operate the requested airport or RLA on the subject property as
evidenced by:
A) the written approval of the
prior Certificate Holder or, if deceased, executor or administrator of the
estate; or
B) a copy of the deed or
long-term lease.
3)
Division personnel will visit the airport or RLA, as early as Division
priorities will allow, to determine whether it meets the minimum standards
found in this Part or whether it meets the minimum standards in effect at the
time of certification for the operation of an airport or RLA, before a transfer
will be approved.
A) If the Division finds
that the minimum standards have been met, the Division will issue an Order
approving the transfer of the Certificate of Approval that will become
effective immediately, with a copy simultaneously mailed to the applicant along
with a new Certificate of Approval. No Notice is required for this action and
the Order is not required to be published in the newspaper.
B) If the minimum standards of this Part have
not been met, or, if the airport or RLA is not in compliance with the minimum
standards in effect at the time of certification, the Division will advise the
applicant as to what corrective measures need to be taken to achieve compliance
(e.g., cut trees, clear brush). Once the Division has determined that standards
have been met, the Division will issue an Order approving the transfer of the
Certificate of Approval that will become effective immediately, with a copy
simultaneously mailed to the applicant along with a new Certificate of
Approval.
b)
Modification of Certificate of Approval. No person shall make an extension or
alteration to an existing airport or RLA that will require a modification of
the Certificate of Approval without first having secured an Order from the
Division approving the extension or alteration. Extensions or alterations will
be considered in accordance with the applicable standards provided in either
Section
14.510(a),
610(a), 710(a) or 810(a).
1) The Certificate
Holder shall complete an Application for Approval of Extension or Alteration to
an Airport or RLA form (Form AER 2057) and shall state the nature of the
proposed extension or alteration to the airport or RLA in the application. An
extension or alteration requiring a modification to the Certificate of Approval
includes, but is not limited to, the following:
A) Construction, realignment, alteration, or
activation of any runway or other aircraft landing or takeoff area on an
airport or RLA, or a taxiway associated with a landing or takeoff area on an
airport or RLA, that causes any material change in the length, width or
direction of any runway, other aircraft landing or takeoff area, or taxiway on
an airport or RLA.
B) Change of any
traffic pattern or traffic pattern altitude or direction.
C) Construction or installation of any
building or other structure on the airport or RLA property that would extend
above an approach slope, transition slope or turning zone.
D) Planting or permitting to grow any
vegetation or placement of any other obstacle on the airport or RLA property
that would extend above an approach slope, transition slope, or turning
zone.
E) Discontinuance of any
runway or other aircraft landing or takeoff area of an airport or RLA, as such,
or any taxiway associated with a landing or takeoff area of an airport or RLA,
for a period of one year or more.
F) Change in status of an airport or RLA from
private-use to public-use, or change in status of any airport from public-use
to private-use or RLA.
2) If the extension or alteration is such
that an FAA Form 7480-1 must be submitted to the FAA for airspace approval (the
requirements are listed on the instruction sheet for the Form 7480-1), the
Division will submit the form on behalf of the applicant.
3) Once the Division has received an airspace
determination from the FAA, if required, the applicant will be notified in
writing and the Division will proceed in processing Form AER 2057. If the FAA
issues a non-favorable airspace determination, the applicant will be notified
in writing as to the criteria that led to the determination.
4) The Division will publish a Notice in the
local newspaper, within the county where the airport or RLA is located,
indicating that the Division intends to publish an Order granting or denying
the modification to the Certificate of Approval, with a copy of the Notice
simultaneously mailed to the applicant. All interested persons may, prior to
the publication of the Order in the newspaper, file objections to or comments
on the proposed Order by writing to the Division, within 15 days after the date
of publication of the Notice in the newspaper. The Division will consider any
comments or opposition received within the 15-day period prior to making a
decision to grant or deny a modification of the Certificate of Approval and
prior to publishing the Order. (See Section 60 of the Act.)
5) If no comments or opposition to the
proposed extension or alteration of the airport or RLA are received by the
Division within the 15-day period, the Division will publish an Order in the
local newspaper, within the county where the airport or RLA is located,
approving the proposed extension or alteration of the airport or RLA and the
modification of the Certificate of Approval, with a copy simultaneously mailed
to the applicant. The Order will include a description of the proposed
extension or alteration, any terms and restrictions (e.g., runway orientation,
length) associated with the issuance of a modified Certificate of Approval, a
completion date for the extension or alteration, and a provision that a final
inspection of the airport or RLA is to be conducted prior to the issuance of
the modified Certificate of Approval.
6) After the Order is published, interested
persons may write or e-mail comments to the Division, or request a hearing in
writing (see Subpart K), as to the validity or reasonableness of the Order.
Comments will be accepted for a 15-day period after publication of the Order in
the local newspaper. Unless the Division finds that a hearing is necessary or
that a longer period of time is appropriate, the Order will be effective 20
days after publication in the local newspaper. A modified Certificate of
Approval may be issued to the Certificate Holder any time after the effective
date of the Order. The Division will consider any comments received within the
15-day period prior to making a decision to grant or deny a modified
Certificate of Approval. (See Section 60 of the Act.)
7) If a hearing is requested, the Division
will schedule it at the earliest date possible in the county seat of the county
where the airport or RLA is located. All interested persons will be notified in
writing at least 10 days prior to the scheduled date of the hearing. After the
hearing has been held, the Division will issue a Supplemental Order indicating
the findings and conclusions of the hearing and whether the original Order will
stand or whether it will be modified. A copy of the Supplemental Order will be
mailed to the Certificate Holder as well as to the person or persons requesting
the hearing.
8) The Certificate
Holder will have 18 months from the effective date of the Order to complete the
extension or alteration of the airport or RLA. The Certificate Holder shall
contact the Division in writing or by phone, as noted in Section
14.100(d),
within 30 days after the completion of the extension or alteration of the
airport or RLA to schedule a final inspection with the Division. If the minimum
standards of this Part have been met upon completion of the extension or
alteration and final inspection, the Division will issue a modified Certificate
of Approval to the Certificate Holder for the operation of the airport or RLA
that includes any extension or alteration made to the airport or RLA.
9) If the Certificate Holder is unable to
complete the extension or alteration of the airport or RLA within 18 months of
the effective date of the Order, the Certificate Holder may request in writing
an extension of time of the expiration date in the Order. The Certificate
Holder must state the reasons for requesting the extension of time (e.g., delay
in starting the project, weather delays) in the written request. The Division
may grant or deny an extension of time based on whether the Certificate Holder
has shown good cause to justify the request. If an extension of time is
granted, the additional period of time allowed will be at the Division's
discretion. If the request for an extension of time is denied, the application
for the extension or alteration to the airport or RLA becomes null and void on
the date the Order expires.
10) The
Division may initiate the modification of a Certificate of Approval if it
finds, upon inspection, that the airport or RLA is not being operated in
accordance with this Part or with the standards in effect at the time the
original Certificate of Approval was issued for the airport or RLA.
Modifications will be made after the issuance of a Notice, Order and
opportunity to be heard as outlined in subsections (b)(4), (5), (6) and
(7).
c) Rescission of
Certificate of Approval. The Certificate Holder, the property owner, and the
Division each have the authority to request that a Certificate of Approval to
operate an airport or RLA in Illinois be rescinded. Additionally, rescission
may be accomplished by Operation of Law as provided in subsection (c)(4).
1) Rescission by Certificate Holder. The
Certificate Holder shall submit a completed Rescission of Certificate of
Approval form (Form AER 2548) authorizing the closing of an airport or RLA and
requesting that the Division rescind the Certificate of Approval. The form
shall include the reasons for the rescission. A voluntary rescission by the
Certificate Holder requires that the Division issue an Order of Rescission and
mail a copy to the Certificate Holder. No Notice is required. The Order is not
required to be published in the local newspaper but will be entered into the
Division's records.
2) Rescission
by Property Owner. The owner of the property that an airport or RLA is located
upon shall submit a completed Rescission of Certificate of Approval form
authorizing the closing of an airport or RLA and requesting that the Division
rescind the Certificate of Approval. The form shall include the reasons for the
rescission, as well as a notarized statement indicating that the Certificate
Holder no longer has the authority to operate the airport or RLA on the subject
property. A voluntary rescission by the property owner requires the Division to
issue an Order of Rescission and mail copies to the property owner and the
Certificate Holder. No Notice is required. The Order is not required to be
published in the local newspaper but will be entered into the Division's
record.
3) Rescission by the
Division. The Division will rescind a Certificate of Approval if it finds that
an airport or RLA is not being operated in accordance with this Part, or is not
safe or is not being maintained or operated safely. The abandonment of an
airport or RLA for a period of two consecutive years shall be just cause for
the Division to rescind a Certificate of Approval. Any rescission by the
Division will be after the issuance of a Notice, Order and an opportunity to be
heard as outlined in subsections (b)(4), (5), (6) and (7). (See Section 49 of
the Act.)
4) Rescission by
Operation of Law. Each Certificate of Approval will automatically expire, with
no further action required, upon the death of the Certificate Holder or
dissolution of the corporation, Limited Liability Company (LLC), Limited
Liability Partnership (LLP), Association, etc. holding the Certificate of
Approval, unless the Division receives an Application to Transfer Certificate
of Approval form (Form AER 2058) and the airport or RLA is in compliance with
the minimum standards of this Part.