Legal Issues Concerning the Safety and Security of General Aviation Airports (2025)
Chapter: VII. SAFETY INSPECTION AND DATABASE CONVERGENCE
acknowledging that the federal regulation meets the requirements of the scheme.85
Creating an Independent State Scheme
The State of Virginia Voluntary Security Program permits airports to apply for funds to develop security plans and to conduct security audits. The program funds activities based on security protocols established by the State, including 500 feet of vinyl-coated fence in the terminal area, electronically controlled gates, etc. The program makes no reference to any other standard or outside reference material.
The State of Illinois incorporated security protocols into its airport inspection regiment. Access control and other security issues are enumerated in the airport design requirements. The Illinois requirements do not reference any other standard or outside reference material.
Adoption of No Scheme
The adoption of no scheme approach does not necessarily indicate that the state is not working on security-based initiatives. For instance, the State of Wyoming utilizes a grant assurance method to assist airports. Wyoming relies on its system plan to establish priorities for the use of its state funds. In response to the survey associated with this LRD, Wyoming indicated that it will require security improvements in association with a grant project.
Most states have not adopted a security scheme or revised their licensure procedures to require security standards. During follow-up polling, a question was posed whether any safety or security measures were put forward in the state and not passed. No states reported recent failed legislation.
VI. CATEGORIZATION OF AIRPORTS
Categorization of Airports Within the State and Federal Systems
Airports are categorized in several ways. For instance, commercial service airports are divided into large hub, medium hub, small hub, nonhub and nonprimary commercial service, and nonhub. Part 139 certificated, commercial service airports are further divided into four classifications (I-IV) depending on the type of air carrier operation the airport services. General aviation airports are divided into the nonprimary categories of reliever and general aviation for funding purposes. In 2012, the FAA conducted a review and more specific classification titled: General Aviation Airports: A National Asset (the “ASSET” report).86
ASSET further classified general aviation airports into five categories: national, regional, local, basic, and unclassified.87 Airports were placed in their defined categories through a combination of based aircraft and activity level of the airport. State and regional planning organizations use the ASSET categories for planning purposes. To date, no state has adopted or changed its categorization of airports to match the terms in ASSET.
Fourteen states use a category system to evaluate, license, or authorize the activation of airports. State category systems complicate the general naming conventions of airports. For instance, the definition of a “commercial airport” in Maine is “any airport which is open to the public upon which there is an aeronautical business, or which accommodates an operation in air commerce.”88 Based on the FAA ASSET definition, an airport may be a commercial airport for Maine’s regulatory purpose, but basic or unclassified by the FAA. Maine also defines a “primary” airport as an airport with 10,000 boardings.89 New Hampshire provides that “one or more aeronautical activities for compensation or hire” constitutes a commercial airport.90
Table 7 shows states that categorize airports in a unique manner.
Many states and the federal government use airport category to determine funding eligibility, level, or priority formula. The 2023-2027 NPIAS defines a category of development titled Safety and Security.91 For FAA purposes, “Safety and security projects include development that is required by Federal regulation, airport certification procedures, or design standards. These projects are intended primarily for the protection of human life.”92 FAA discretionary funding is based on a formula that incorporates safety.93
VII. SAFETY INSPECTION AND DATABASE CONVERGENCE
Airport Inspection and the Airport Data Information Portal
General aviation airports are potentially subject to two safety inspection programs, depending on the state: the FAA 5010 Master Record Program, or a state regulatory program.
The FAA 5010 Master Record Program established the 5010 Inspection program, which is a contract inspection program that grew from FAA Order 5010.4 Airport Safety Data Program. (Form FAA 5010 is the Airport Master Record.) A 5010 Inspection is not regulatory in nature. The Airport Master Record is established at the initial activation of an airport.
Prior to 2004, the Airport Master Record database was updated with an annual request that was mailed to the owner of the airport in the database. 5010 Inspections identified variation from basic safety standards because the inspections were
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85 N.J. ADMIN. CODE § 16:54-7.1.8.
86 https://www.faa.gov/airports/planning_capacity/ga_study.
87 In 2014, the FAA issued a follow-on report titled Asset 2. The follow up report reviewed the 497 unclassified reports from the original report, rebranded Asset 1.
88 6 M.R.S. S 3.
89 6 M.R.S. S 3.
90 R.S.A. 422:3.
91 https://www.faa.gov/sites/faa.gov/files/npias-2023-2027-narrative.pdf.
92 Id. at 21.
93 See https://www.federalregister.gov/documents/2023/04/17/2023-07984/fiscal-year-2023-competitive-funding-opportunity-airport-improvement-program-discretionary-grants.
Table 7. Airport categorization by unique component (defined by state).
| State | Defined by Use | Statutory Reference | Notes |
|---|---|---|---|
| Alabama | X | 450-9-1-.12 | Public Use, Private Use, Special Use, Limited Use |
| Connecticut | X | Sec. 15-41-21 | Commercial service (including all airport with at least one commercial activity); Restricted Landing Area. |
| Illinois | X | 92 ILL. ADMIN. CODE 14.500 | Ultralight/Short Takeoff and Landing (STOL) |
| Kentucky | X | 602 KY. ADMIN. REGS. 20:040 | Airport restricted to either airplane or rotorcraft or both. Public meaning owned by public contrasted with public use. |
| Louisiana | X | LAC 70:IX.101 | LS—Landing Strip; BU—Base Utility; GU—General Utility; BT—Basic Transport—General Transport; CU—Seaplane Utility; CT—Seaplane Transport; Helicopter Landing Site; Heliport. |
| Maine | X | 6 M.R.S. 101 | General Aviation I, Utility airports, Commercial, Non-Commercial |
| Maryland | X | MD. CODE REGS. 11.03.04.06 | Commercial Use, Public Use, Private Use. |
| Michigan | X | MICH. ADMIN. CODE r. 259.245 | Basic Utility, General Utility, Air Carrier Airports |
| New Hampshire | X | N.H. REV. STAT. ANN. 422:17 | Commercial airport is any commercial activity. |
| New Jersey | X | N.J. ADMIN. CODE 16:54-1.3 | Fixed wing aeronautical facility: Airport—Public Use (land or water); Restricted Use (land or water); Airport—Special Use (land or water); and Ultralight Recreational Facility (land or water); Vertical flight aeronautical facility: Heliport--Public Use; Heliport—Restricted Use; Heliport—Special Use; Helistop—Restricted Use; Helistop—Special Use; Vertiport—Public Use; Vertiport—Restricted Use; and Vertiport—Special Use; Lighter than air aeronautical facility: Balloonspot—Public Use; Balloonspot—Restricted Use; Balloonspot—Special Use; Airship Base—Public Use (land or water); Airship Base—Restricted Use (land or water); and Airship Base—Special Use (land or water); Parachute drop zone aeronautical facility: Parachute Drop Zone—Public Use; Parachute Drop Zone—Restricted Use; and iii. Parachute Drop Zone—Special Use; and Temporary aeronautical facilities: Airport; Airship base; Balloonspot Helistop; Seaplane Base; Parachute Drop Zone; Vertiport; and Other. |
| North Dakota | X | N.D. ADMIN. CODE 6-02-03-03 | Personal airport or landing strip, secondary airport, feeder airport, truck line airport, express airport, continental airport, intercontinental airport, intercontinental express airport. |
| Ohio | X | OHIO ADMIN. CODE 5501:1-1-01 | Commercial, non-commercial. |
| Oregon | X | OR. ADMIN. R. 660-013-00020 | Commercial service, urban general aviation, regional general aviation, local general aviation, remote access. |
| Pennsylvania | X | 67 PA. CODE § 92 | Public airport. Scheduled service/general aviation. Basic utility. Sport and ultralight. Seaplane base. |
| South Dakota | X | S.D. ADMIN. R. 70:02:04:01 | Publicly owned airport, public airport, private airport, and restricted landing field. |
not regulatory in nature, they only identified variation from basic safety standards. The variations were not required to be corrected but were generally noted in an FAA publication, such as the Airport Facility Directory and Chart Supplement.
In 2004, the 5010 Inspection program shifted to a contractual arrangement with a third-party vendor. In most cases, the state aviation office was engaged by the third-party vendor to conduct the inspections.94 In states with regulatory standards, the state would conduct both the nonregulatory 5010 Inspection and the state’s regulatory inspection. For example, the Kentucky Department of Aviation (KDA) provides the following guidance regarding inspections: “KDA conducts both federal and state inspections. KRS 183.090 and 602 KAR 20:020 require annual inspections and the FAA requires a 5010-safety inspection on a three-year cycle.”95
In 2015, the FAA began refining the process of storing airport information, including 5010 data. In 2020, the FAA
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94 https://stateaviationjournal.com/index.php/news/musings-5010-inspector.
95 https://transportation.ky.gov/Aviation/Pages/inspections.aspx.
launched the Airport Data Information Portal (ADIP), which stores airport information, including the FAA 5010 Airport Master Record data. The ADIP includes safety-critical information such as airspace obstructions and runway data, as well as nonsafety critical information such as airport layout plan mapping. The information in the portal is generated from a variety of sources, including engineering documents created by Airport Improvement Program (AIP) projects, inspection program reports, aeronautical surveys, and airport master plan updates.
States that participate in the State Block Grant Program assist the Office of Airport Safety and Standards with collecting and inputting data into the ADIP. While the FAA Office of Airports retains responsibility for ADIP, block grant states are charged with updating their ADIP information because they are administrating all general aviation projects in their state.
However, not all block grant states have a licensing and certification requirement. Block grant states that have a state regulatory scheme may use the standards of the state scheme to determine funding priorities. Block grant states may use their discretionary funding authority to correct issues identified by a 5010 inspection, this does not make the 5010 Inspection regulatory.
Channeling states, as defined later, are not charged with additional responsibility within ADIP.
Table 8 identifies the type of airport inspections performed by states that participate in the State Block Grant Program.
Table 8. Block grant states’ inspections and timing.
| Block Grant States | License | State Regulatory Inspection | 5010 Non-regulatory Inspection | Frequency of Inspection |
|---|---|---|---|---|
| Georgia | Yes | Yes | Yes | Annual |
| Illinois | Yes | Yes | Yes | Annual |
| Michigan | Yes | Yes | Yes | Annual |
| Missouri | No | No | Yes | Triennial |
| New Hampshire | No | No | Yes | Triennial |
| North Carolina | No | No | Yes | Triennial |
| Pennsylvania | Yes | Yes | Yes | Annual |
| Tennessee | Yes | Yes | Yes | Annual |
| Texas | No | No | Yes | Triennial |
| Wisconsin | No | No | Yes | Triennial |
States with a state regulatory scheme conduct both inspections simultaneously.
Block Grant States and Channeling States Administration of Federal Safety and Security Funds
Prior to 1987, airports entered into direct contractual agreements with the FAA to receive federal funds. The role of state aviation entities was limited to coordination with the FAA and carrying out state statutory functions, including licensing, inspecting, and planning, if applicable. This is still true in most states. However, in block grant states and in channeling states, the state aviation agency is actively involved in administering AIP funds to that state’s airports.
The block grant pilot program began in 1989 with three states: Illinois, Missouri, and North Carolina. The program allowed participating states to control the distribution of federal AIP funds to general aviation, reliever, and nonprimary commercial service airports. Today, all airports in block grant states, except primary airports, are generally included in the program.
A participating state guarantees that sufficient AIP funds are available for any portion of a project that is not paid for with federal funds. The program requires the state to provide personnel to manage and administer the projects. Airports become sub-grantees of the state, and the program allows the states to direct funding in accordance with the state’s system plan. Because the state manages and administers airport projects completed with federal funds, the state can prioritize licensing, inspecting, and other regulatory functions.
The FAA Reauthorization Act of 2018 authorized up to 20 states to participate. Section 720 of the FAA Reauthorization Act of 2024 did not change the composition of the Block Grant Program. Section 720 did clarify the state’s responsibilities for programs and activities not directly related to the administration of block grant funds.96 Several of the activities and responsibilities in this section are traditional safety functions. At present, there are 10 participating states in the Block Grant Program: Georgia, Illinois, Michigan, Missouri, New Hampshire, North Carolina, Pennsylvania, Tennessee, Texas, and Wisconsin.
A variation on the Block Grant State Program is channeling. In channeling states, a state may require airports to submit their requests for FAA funding through a state agency. As opposed to the State Block Grant Program, the channeling requirements are established by a state legislative enactment. A state may require the airport sponsor to only submit project plans through the state agency, or it may require the state agency to administer all FAA-funded projects in the state. Channeling act status is generally limited to general aviation airports with fewer than 10,000 enplanements. Connecticut, Indiana, Iowa, Minnesota, Mississippi, Nebraska, Utah, Virginia, and Wisconsin are chan-
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96 H.R.3935 - FAA Reauthorization Act of 2024 Section 720, “(b)(3) Responsibilities.—Unless the State expressly agrees to retain responsibility, the Administrator shall retain responsibility for the following: (A) Grant compliance investigations, determinations, and enforcement. (B) Obstruction evaluation and airport airspace analysis, determinations, and enforcement off airport property. (C) Non-rulemaking analysis, determinations, and enforcement for proposed improvements on airport properties not associated with this subchapter, or off airport property. (D) Land use determinations, compatibility planning, and airport layout plan review and approval (consistent section 47107(x)) for projects not funded by amounts available under this subchapter. (E) Nonaeronautical and special event recommendations and approvals. (F) Instrument approach procedure evaluations and determinations. (G) Environmental review for projects not funded by amounts available under this subchapter. (H) Review and approval of land leases, land releases, changes in on-airport land-use designation, and through-the-fence agreements.”
