The Faa And Private Airports: Who's In Control?

Private airports are airfields that are not open to the public but may be made available to others by invitation of the owner or manager. While the Federal Aviation Administration (FAA) does not have direct control over private airports, it does have some influence over their establishment. Private airport owners must comply with certain FAA regulations, such as notifying the FAA of any construction, alteration, or closure of the airport. This allows the FAA to maintain a central database of airport information and ensure compliance with safety standards. Beyond this, the regulation of private airports is largely left to state transportation authorities, with varying requirements and degrees of scrutiny across different states.

The FAA has no physical control over private airports

Private airports are not regulated by a single agency. While the Federal Aviation Administration (FAA) does exert some influence over private airports, its control is limited. The FAA's primary role is to maintain a central database of airport information, which is crucial for identifying and resolving potential airspace issues. However, beyond this self-reporting system, the federal government does not actively regulate or police private facilities.

The FAA's involvement in private airports is largely restricted to advisory determinations and notification requirements. According to 14 CFR Part 157, anyone establishing, altering, or permanently closing an airfield must notify the FAA by completing FAA Form 7480-1, "Notice of Landing Area Proposal". This notification is crucial for obtaining an FAA determination, which can impact insurance coverage and other considerations for the airport's development. However, these determinations are not mandatory, and the FAA cannot prevent the construction of a private airport if the required forms are not submitted. The FAA's control is further limited as it only has jurisdiction once an aircraft is in the air, with local authorities managing ground control and zoning.

The regulation and oversight of private airports vary across different states. For example, Florida conducts annual inspections of private runways, while Kansas, with over 200 registered private-use airports, takes a hands-off approach, allowing owners to operate without extensive bureaucracy. Each state has its own requirements, with some states encouraging airport owners to register with and report changes to the FAA, while not enforcing ongoing state inspection programs.

The FAA's role in private airports is primarily focused on gathering information and providing advisory determinations. The physical control and management of these airports lie with the owners and local authorities, who ensure compliance with safety, public health, and welfare standards. The FAA's influence is further limited by the fact that private airports are not dependent on public funds, which gives them greater autonomy in their operations. Overall, while the FAA has some indirect influence, it does not have direct physical control over private airports and their day-to-day operations.

Private airport owners must notify the FAA of any changes

Private airport owners in the US must notify the FAA of any changes to their airfield. This is because, through Part 157 of the federal aviation regulations, the government mandates that anyone establishing, altering, or permanently closing an airfield notify the government. This requirement enables the FAA to maintain a central database of airport information, which is useful for identifying and resolving potential airspace problems.

The FAA has some control over the establishment of a "Private Use" airport, and certain regulations must be complied with before work can begin. This includes notifying the FAA if a "Private Use" airport is established, altered, activated, deactivated, or if the status or use of the airport changes. This can be done by completing FAA Form 7480-1, Notice of Landing Area Proposal, and sending it to the nearest FAA Airports office. The FAA must also be notified if a private airport is constructed without a Notice of Intent and subsequent "determination" being made. This is because interested parties will never have the opportunity to contest it if it is "objectionable".

However, it is important to note that the FAA's control over private airports is limited. The federal government does little to regulate or police private facilities, leaving that duty to state transportation authorities, and each state's requirements differ. For example, in Florida, private runways are inspected annually, while Kansas has no inspection program and allows private airport owners to operate free of bureaucracy.

Private airport owners should also be aware that their airfield may be subject to different regulations and restrictions, depending on its classification. For instance, private airports that offer too many services may compete with more heavily regulated public airports, signalling an economic upset for FBOs. Additionally, private airports may be required to register with and report changes to the FAA according to federal regulations, but this is not enforced by all states.

Private airports are subject to state inspection programs

Private airports in the US are not subject to a uniform set of regulations. While the Federal Aviation Administration (FAA) does have some control over the establishment of private airports, the extent of its involvement is limited to the advisory level. Private airports are regulated by state inspection programs, which vary from state to state.

The FAA's role in the establishment of a private airport is primarily advisory. According to federal regulations, anyone establishing, altering, or permanently closing an airfield must notify the government by completing FAA Form 7480-1, "Notice of Landing Area Proposal," and submitting it to the nearest FAA Airports office. This requirement allows the FAA to maintain a central database of airport information, which is useful for identifying and resolving potential airspace problems. However, the FAA's determination on a proposed private airport is not binding, and its involvement ends with the issuance of this determination.

Beyond this self-reporting system, the federal government and the FAA do little to regulate or police private airports. The duty of regulating and inspecting private airports falls to state transportation authorities, and each state has its own requirements and inspection programs. For example, in Florida, private runways are inspected annually, while Kansas, with over 200 registered private-use airports, takes a hands-off approach with no inspection program, allowing private airport owners to operate free of bureaucracy.

While state inspection programs vary, there are some common requirements that private airports must meet. These include registering with the state aviation authority, obtaining site approval for the construction or establishment of the airport, and complying with safety and public health and welfare standards. Private airports may also be required to license their facilities if they have a certain number of based aircraft. Additionally, private airports must comply with local laws, ordinances, and state and federal regulations, which may include noise and access restrictions.

It is important to note that private airports are not completely free from federal aviation regulations. Private airports that receive public funds or accommodate public aircraft may be subject to more stringent FAA regulations. Additionally, pilots operating at private airports must adhere to FAA regulations and possess the necessary certificates and licenses.

Private airports must be registered with the state

While the Federal Aviation Administration (FAA) does have some control over the establishment of private airports, the responsibility for oversight of these airports ultimately falls to state transportation authorities.

According to federal regulations, anyone establishing, altering, or permanently closing an airfield must notify the government. This is outlined in Part 157 of the federal aviation regulations. This self-reporting system allows the FAA to maintain a central database of airport information, which is useful for identifying and resolving potential airspace problems. However, beyond this, the federal government does little to regulate or police private facilities.

The level of involvement of state transportation authorities in the regulation of private airports varies from state to state. For example, in Florida, private runways are inspected annually, while Kansas, which has over 200 registered private-use airports, takes a hands-off approach with no inspection program. While Kansas encourages airport owners to register with and report changes to the FAA, it does not enforce ongoing state inspection programs.

To register a private-use airport, applicants must first visit the Private Airport Registration and Site Approval section of the relevant state's aviation database, such as the Florida Aviation Database (FAD) in the case of Florida. The database will generate login credentials for the applicant to use throughout the process. Applicants must maintain all required supporting documentation, which may be requested for review by the state's Department of Transportation (DOT). Site approval is typically granted once it has been determined that all requirements have been met, and it is often valid for a set period, such as two years, unless revoked or adjusted.

In summary, while the FAA does have some involvement in the regulation of private airports, particularly during the establishment phase, the ongoing regulation and policing of these airports are primarily the responsibility of state transportation authorities, and the level of involvement varies from state to state. Therefore, it is important for private airport owners to be aware of the specific requirements and regulations in their respective states.

Private airports are not open to the public

Private airports are not subject to the same level of regulation and oversight as public airports. While the Federal Aviation Administration (FAA) does have some involvement with private airports, the primary responsibility for their regulation falls to state transportation authorities. For example, in Florida, private airports are inspected annually, while Kansas has no inspection program and allows private airport owners to operate free of bureaucracy.

Private airports are often funded by their owners, who pay for pavement, lights, mowing, etc. As such, owners can put in place restrictions on the use of their airports. For instance, some private airports are closed to transient aircraft without prior permission.

Private airports are not listed on public maps or charts, but some owners choose to have them included. This is usually done out of altruism, to provide alternative landing options for pilots in the event of an emergency.

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