Definitions

(1) For purposes of this rule, the following terms are defined: (a) “Aircraft” includes barren, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane. while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation; while being operated through the air otherwise than immediately above water, it shall be treated as an aircraft. (b) “Airport” means any area of land or water which is used, or intended for use, for the landings- and take off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or aviation easements or rights-of-way, together with all airport buildings and facilities located thereon. (c) “Airport hazard” means any structure, object of natural growth, or use of land, which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off. (d) “Approach surface” means the imaginary sloping plan beginning at the end of a runway or landing strip and rising uniformly over the approach area at the required slope. (e) “Effective Gradient” - The difference in evaluation of high and low points on the runway divided by the runway length (in percent). (f) “FAA” is Federal Aviation Administration. (g) “Landing strip” means that part of the area within an airport boundary which either in its natural state or as a result of construction work, is suitable for the landing and take off of aircraft. (h) “License Type” means one of the following: airport, heliport, seaplane base or Stolport. LICENSING OF AIRPORTS CHAPTER 1680-1-2 (i) “Limited Airport” means an airport limited exclusively to the specific conditions listed in the Site Approval Order. (j) “Navigable Water” is any water capable of supporting interstate commerce. (k) “Office of Aeronautics” means the Department of Transportation. (l) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association or body politic-, and includes any trustee, receiver, assignee or other similar representative thereof. (m) “Primary Surface” means an imaginary plane free of hazards, and centered on the runway safety area. (n) “Private Airport” means an airport used primarily by the owner, but which may be available for use by invitation of the owner. Commercial aeronautics operations such as sale of aircraft fuel or aviation supplies, flight training, rental aircraft or associated equipment, and carrying of passengers or cargo for compensation are specifically prohibited. Private airports do not require licensing by the State of Tennessee. (o) “Public Airport” means an airport, publicly or privately owned, which meets minimum physical and service standards and is open for use to the general flying public. Commercial aeronautical operations are authorized. Public Airports require licensing by the State of Tennessee. (p) “Public Airport License” denotes the document issued by the Department of Transportation which grants State of Tennessee approval for the use of an airport by the general public. (q) “Runway” means the paved, hard surfaced, or stabilized portion of a landing strip. (r) “Runway Safety Area” - usable landing area. (s) “Runway Clear Zone” - A flared approach zone off either end of a runway safety area which must be free of airport hazards to the approach surface as specified herein. (t) “Seaplane Base” means a designated area on a water surface where docking or ramping facilities are available for use by seaplanes or amphibious type aircraft. (u) “STOL Aircraft” signifies an aircraft of special design, but with performance characteristics enabling safe flight from a short field utilizing steep approaches and departures as normal aircraft operating procedures and not requiring unusual or special skills of the pilot in command. (v) “STOLport” denotes a landing area designated exclusively for the area of STOL Aircraft (SHORT TAKEOFF AND LANDING), with landing area and approach zone dimensions compatible with aircraft performance characteristics. Authority: T.C.A. §§42-2-102 and 42-2-119. Administrative History: Original rule filed August 12, 1974; effective September 11, 1974. Amendment filed July 26, 1977; effective August 26, 1977. Amendment filed December 12, 1986; effective January 26, 1987. 1680-1-2-03 AIRPORT SITE APPROVAL. (1) Owners of proposed public airports shall be required to apply for airport site approval prior to issuance of a license. (a) Application of site approval shall be filed with the Office of Aeronautics. (b) An applicant must be the owner or a lessee. Application for site approval by a lessee shall be consigned by the owner of the airport and a copy of the lease agreement filed with the Office of Aeronautics. (c) An applicant must show that the minimum airport standards herein enumerated are attainable on any site proposed as a public airport. (d) An Office of Aeronautics representative must personally inspect the proposed site and shall file a written report containing a recommendation with the Office of Aeronautics. Site approval shall be granted when it is shown that: (1) the site is adequate for the proposed airport and, (2) that safe air traffic patterns could be worked out for such proposed airport and for all existing airports and approved airport sites in its vicinity. (e) Each Site Approval Order shall state the location of the proposed airport by: (1) geographical coordinates and, (2) distance and direction from an established nearby community. The order shall also include the name and mailing address of the applicant as well as a listing of any specific conditions for approval. (f) A Site Approval Order for an airport shall remain in effect for one year from the date thereof unless an airport license has been issued. A site approval may be extended an additional year upon request of the applicant. Authority: T.C.A. §§42-233, 42-2-102, and 42-2-102. Administrative History: Original rule filed August 12, 1974; effective September 11, 1974. Amendment filed July 26, 1977; effective August 25, 1971. Amendment filed December 12, 1986; effective January 26, 1987. 1680-1-2-04 PUBLIC AIRPORT LICENSES. (1) All airports open to the public, and all airports on which commercial aeronautical operations are conducted, except those specifically exempted, are required to secure and maintain Public Airport Licenses and to meet the minimum standards for airports herein prescribed. Airports holding a valid Airport Operating Certificate issued by the FAA are specifically exempted. (a) Application for license must be made on a form approved by the Office of Aeronautics. (b) The application must be signed by the owner or lessee. The lease agreement containing the signature of the owner must be on file with the Office of Aeronautics. (c) In the interest of public convenience or unusual circumstances, the Office of Aeronautics may approve an airport which does not meet the required standards by use of the term “Special” in conjunction with airport category and type on the airport license. The conditions under which a “Special” approval is granted shall become a part of the license and each renewal license issued, unless removed by appropriate Office of Aeronautics action. (d) All licensed public airports are subject to inspection at any time. (e) All licenses issued under this section will be effective from the date of issue through the expiration date listed on the face of the license. LICENSING OF AIRPORTS CHAPTER 1680-1-2 (f) All airport licenses issued under this section, together with the conditions attached thereto, shall be posted in a prominent place at the airport. In the event there are no buildings at the airport, the license and conditions shall be displayed at the office or place of business of the caretaker or manager. (g) The Office of Aeronautics, may, after notice to the licensee and opportunity for hearing, revoke any license or renewal thereof, or refuse to issue a renewal, when it shall reasonably determine: (1) that there has been an abandonment of the airport as such, or (2) that there has been failure to comply with the conditions of the license or renewal thereof, or (3) that because of change of physical or legal conditions or circumstances the airport has become either unsafe or unusable for the aeronautical purposes for which the license was issued.