Alterations/Changes to Airport, Heliport, Restricted Landing Area or Surrounding Area

It is the obligation of the recipient of a certificate of approval for an airport, heliport or restricted landing area to notify the division of any: (1) alteration to, or de-activation of, the site; and (2) change to the airport, heliport, restricted landing area or properties in the vicinity of the site that may affect the ability to land an aircraft. All alterations or changes must be approved by the division in advance of any use or change in use. (1) Airports, heliports and restricted landing areas shall be subject to inspection by the division with or without notice pursuant to 702 CMR 3.03: Inspections. Airports servicing air carrier operations pursuant to 49 C.F.R. Part 139 are subject to FAA inspection. (2) The inspections shall meet the criteria as set forth in 702 CMR 5.03. Persons maintaining a private restricted landing area must register with the division annually, and such landing areas shall be subject to an inspection at least once every five years by the division with reasonable notice. (1) Licensing. Any person, qualified as provided in 702 CMR 5.08(2), who successfully passes a written examination given by the division, may be licensed as an Airport Manager. The division may, after due hearing if such hearing is requested, revoke or suspend any license issued hereunder for any cause which, in its discretion, it may deem sufficient. (2) Qualifications. Any citizen of the United States or a resident alien, at least 21 years of age, having a high school education or its equivalent, is eligible to take the required licensing examination. (3) Duties. The Airport Manager shall: (a) Have authority to suspend flying operations on or from the airport when in his or her opinion the condition of the landing areas or local conditions might make such operations unsafe. (b) Be responsible for the observance in the operation of the airport of all applicable laws governing aeronautics and the rules and regulations adopted or approved thereunder, including all requirements of 14 C.F.R. Part 139 if applicable. (c) Designate a person whom he or she deems competent and whom he or she has instructed on the action to be followed in emergency situations to act in his or her stead at such times as he or she shall be absent from the airport. (d) Report to the division infractions of aeronautical laws, rules or regulations, or accidents on or in the vicinity of the airport, or involving aircraft or airmen based at or customarily operating from the airport under the manager's jurisdiction. (e) Report to the division all changes in size, marking, lighting, obstruction or surface conditions of landing areas of the airport which might affect the safety of aircraft operations. st st (f) Forward to the division, on March 1 and September 1 of each year, a listing of all aircraft based at the airport. (1) Pursuant to M.G.L. c. 90, the division may issue orders to cease any activity which violates the provisions of M.G.L. c. 90, 702 CMR or any other law related to the operation of an airport, heliport or restricted landing area. (2) A person who fails to comply with any provision of 702 CMR, or any order issued by the division pursuant to 702 CMR 5.09(1), or who makes any false or misleading statements in information submitted to the division pursuant to 702 CMR or M.G.L. c. 90, may be subject to: (a) fines, arrest and imprisonment pursuant to M.G.L. c. 90, § 44. (b) the suspension, revocation, or conditioning of any license, permit or registration issued pursuant to 702 CMR and M.G.L. c. 90; and (c) any other order, fine, or penalty as may be issued pursuant to M.G.L. c. 90, § 40. NON-TEXT PAGE