N.D. Admin. Code tit. 6 | N.D. Admin. Code Title 6 — Aeronautics Commission

Article 6-01 General Administration

Chapter 6-01-01 Organization of Commission

N.D. Admin. Code 6-01-01-01 Organization and functions of aeronautics commission

1.Organization.

a.History. The 1947 legislative assembly established the aeronautics commission by legislation codified as North Dakota Century Code chapter 2-05. This chapter requires the governor to appoint a five-member aeronautics commission.

b.Commission membership. The commission consists of five commissioners appointed by the governor. Members of the commission serve five-year terms.

c.Director. The director of aeronautics is appointed by the commission to serve at the pleasure of the commission and as executive officer of the commission is responsible for the administration of the commission and its activities.

2.Functions. The aeronautics commission is to:

a.Encourage the establishment of airports and air navigation facilities.

b.Cooperate with and assist the federal government, the municipalities of this state, and other persons in the development and coordination of all aeronautical activities.

c.Represent the state in aeronautical matters before state and federal agencies.

d.Participate as party plaintiff or defendant or as intervenor on behalf of the state or any municipality or citizen thereof in any controversy which involves the interest of the state in aeronautics.

e.Distribute the proceeds of aviation fuel taxes levied by North Dakota Century Code

chapter 57-43.3 to political subdivisions of the state for airport construction and improvements, in accordance with North Dakota Century Code section 57-43.3-06

f.Register aircraft operating in the state in accordance with North Dakota Century Code

section 2-05-11.

g.License all aircraft used for aerial spraying in the state in accordance with North Dakota Century Code section 2-05-18.

h.Construct and operate public airports in the state in accordance with North Dakota Century Code section 2-06-01.1.

i.Accept federal or other moneys for the construction and improvement of airports in accordance with North Dakota Century Code sections 2-05-06.1 and 2-05-06.2.

j.Enforce aeronautics laws in accordance with North Dakota Century Code section 2-05-14.

3.Inquiries. Inquiries regarding the commission may be addressed to the aeronautics commission. All requests for hearings, declaratory rulings, and for participation in rulemaking may be addressed to the director of the commission.

Director North Dakota Aeronautics Commission P.O. Box 5020 Bismarck, North Dakota 58502-5020 (701) 328-9650 ndaero@nd.gov

History

History: Amended effective October 1, 1989; April 1, 1994; April 1, 2016.
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 2-05, 2-06, 28-32-02.1, 57-43.3

Article 6-02 Aeronautics Commission

Chapter 6-02-01 Practice and Procedure

N.D. Admin. Code 6-02-01-01 General provisions

The principal office of the North Dakota aeronautics commission shall be located at Bismarck, North Dakota. All papers and communications forwarded to the commission shall be addressed to:

North Dakota Aeronautics Commission P.O. Box 5020 Bismarck, North Dakota 58502-5020 or ndaero@nd.gov If a person is aggrieved by a denial, suspension, revocation of a license, cease and desist order, registration denial, or imposition of a civil penalty by the aeronautics commission, the aggrieved person may file a complaint or an appeal pursuant to the Administrative Agencies Practice Act.

History

History: Amended effective April 1, 2016.
General Authority: NDCC 2-05-13, 2-05-19, 2-05-20, 2-05-21, 28-32
Law Implemented: NDCC 2-05-13, 2-05-19, 2-05-20, 2-05-21, 28-32

N.D. Admin. Code 6-02-01-02 Liberal construction

N.D. Admin. Code 6-02-01-03 Suspension of chapter

N.D. Admin. Code 6-02-01-04 Definitions

N.D. Admin. Code 6-02-01-05 Case numbers and title

N.D. Admin. Code 6-02-01-06 Personal appearances

N.D. Admin. Code 6-02-01-07 Practice before the commission

N.D. Admin. Code 6-02-01-08 Parties

N.D. Admin. Code 6-02-01-09 Investigation on commission's own motion

N.D. Admin. Code 6-02-01-10 Informal complaint

N.D. Admin. Code 6-02-01-11 Formal complaints

N.D. Admin. Code 6-02-01-12 Answers

N.D. Admin. Code 6-02-01-13 Application. 6-02-01-13.1. Denial of application or suspension or revocation of authorization, permission, certificate, or license. 6-02-01-13.2. Immediate suspension or revocation of common carrier certificate

N.D. Admin. Code 6-02-01-14 Intervention

N.D. Admin. Code 6-02-01-15 Extensions of time

N.D. Admin. Code 6-02-01-16 Amendments

N.D. Admin. Code 6-02-01-17 Withdrawal of pleading

N.D. Admin. Code 6-02-01-18 Motions

N.D. Admin. Code 6-02-01-19 Prehearing conferences

N.D. Admin. Code 6-02-01-20 Conference results stipulated

N.D. Admin. Code 6-02-01-21 Consolidation

N.D. Admin. Code 6-02-01-22 Notice

N.D. Admin. Code 6-02-01-23 Waiver of hearing - Shortened procedure

N.D. Admin. Code 6-02-01-24 Continuance

N.D. Admin. Code 6-02-01-25 Examiners

N.D. Admin. Code 6-02-01-26 Appearance

N.D. Admin. Code 6-02-01-27 Order of procedure

N.D. Admin. Code 6-02-01-28 Appeal to commission from ruling of examiner - Offer of proof

N.D. Admin. Code 6-02-01-29 Oral argument

N.D. Admin. Code 6-02-01-30 Briefs

N.D. Admin. Code 6-02-01-31 Evidence

N.D. Admin. Code 6-02-01-32 Witnesses

N.D. Admin. Code 6-02-01-33 Subpoena

N.D. Admin. Code 6-02-01-34 Depositions

N.D. Admin. Code 6-02-01-35 Stipulations

N.D. Admin. Code 6-02-01-36 Documentary evidence

N.D. Admin. Code 6-02-01-37 Exhibits

N.D. Admin. Code 6-02-01-38 Official notice

N.D. Admin. Code 6-02-01-39 Petition to reopen

N.D. Admin. Code 6-02-01-40 Petition for rehearing

N.D. Admin. Code 6-02-01-41 Appeal

Chapter 6-02-02 Aerial Applicators

N.D. Admin. Code 6-02-02-01 General provisions

The following air traffic rules, orders, regulations, procedures, knowledge of agricultural chemicals, and minimum standards governing aerial application are necessary for the public safety, the safety of those engaged in such activities, and for protection of property, are adopted by the North Dakota aeronautics commission, after a public hearing, pursuant to authority set forth in North Dakota Century Code section 2-05-18.

As used in this chapter, unless otherwise required:

1."Bona fide lease" means a lease whereby the lessee has a reasonable interest in the land under lease for a period not less than the current growing, grazing, or harvesting season.

2."Chief pilot" means an individual, who meets the qualifications of this chapter, that operates an aircraft used for aerial application who is identified on the aerial applicator's license and is responsible for the supervision of other pilots listed on an aerial applicator's license.

3."Operator" means a person that obtains an aerial applicator's license from the North Dakota aeronautics commission.

4."Pilot" means an individual, who meets the qualifications of this chapter, who operates an aircraft used for aerial application who is identified on an aerial applicator's license.

History

Law Implemented: NDCC 2-05-18, 2-05-19, 2-05-20 6-02-02-01.1. Definitions.
History: Effective July 1, 2022.

N.D. Admin. Code 6-02-02-02 Application for aerial applicator license - Fees

No person may engage in the activity or business of aerial application without first obtaining an aerial applicator's license from the North Dakota aeronautics commission. The application for an aerial applicator's license shall include a fee as established by the commission and shall be completed and filed on forms furnished by the commission.

History

History: Amended effective June 1, 2002; September 1, 2005; April 1, 2016.

N.D. Admin. Code 6-02-02-03 Inspection and duration of aerial applicator's license

North Dakota aerial applicator's license shall be presented for inspection upon request of any authorized representative of the state of North Dakota or of the federal government or municipal official charged with the duty of enforcing local, state, or federal laws or regulations. The pilot of any aircraft performing aerial application shall carry proof of the North Dakota aerial applicator's licensure at all times. Each aerial applicator's license issued shall expire December thirty-first of the year of issuance and may be revoked at any time for cause.

History

History: Amended effective April 1, 2016; July 1, 2022.

N.D. Admin. Code 6-02-02-04 Commercial pilot safety standards for manned aircraft

The following qualifications and requirements are applicable to aerial application using a manned aircraft:

1.General. The following rules and regulations relating to pilot experiences and skill have been adopted in the interest of the pilot and public safety and the general public interest.

2.Chief pilot. All operators or contractors employing one or more commercial pilots for the

purpose of conducting aerial application by aircraft in this state shall employ at least one chief pilot who shall have the qualifications set forth in this section.

3.Chief pilot qualifications. A chief pilot must produce evidence of a commercial federal aviation administration license with a minimum of seven hundred fifty flight hours as pilot in command, of which a minimum of two hundred fifty flight hours as pilot in command must be in the class of aircraft in which the sprayer or duster equipment will be installed and used for aerial application. In addition, the chief pilot must have at least two years apprentice commercial aerial application experience as pilot in command and has accumulated at least two hundred hours total aerial application flying time as an employee, supervised by a North Dakota chief pilot who holds a federal aviation administration part 137 certificate, who may recommend the applicant and certify the applicant's qualifications for the operational level sought, or certified to by an affidavit of the applicant, subject to investigation by the aeronautics commission, which may approve or deny the application.

4.Pilot employees of contractor. An operator or aerial applicator or contractor in the business of aerial application that employs a chief pilot, meeting the qualifications of this section, may employ pilots for aerial application with a minimum of a valid federal aviation administration commercial license, except that a license will be revoked or denied to an operator or contractor who employs an unqualified aerial application pilot who has been designated as unqualified to conduct aerial application in North Dakota, for just cause, by the aeronautics commission. Pilots supervised and employed under the supervision of the chief pilot, who have never aerial application before, must be given a minimum of ten hours of simulated application time under supervision of the chief pilot before they are permitted to conduct aerial application as pilot in command, and in addition, must be given ten hours of direct ground-supervised solo flight at operational loads while conducting aerial application. The chief pilot shall document and maintain written records verifying the pilot has fulfilled the flight requirements.

5.Chief pilot based within the state of North Dakota required. It is the responsibility of the chief pilot to determine the amount of supervision a pilot requires. The chief pilot must be familiar with the area in which the supervised pilot or pilots are flying and be able to contact each pilot daily as needed. Pilots with less than two years' experience and less than two hundred fifty hours of actual aerial application must be under the direct, personal supervision of a chief pilot and must be based out of the same airport as the airport in which the chief pilot is operating. The chief pilot or the chief pilot's designated representative of every aerial application operation licensed by the aeronautics commission must be located within North Dakota during the time of actual aerial application operations and the chief pilot shall be responsible for the actions of all pilots under the chief pilot's supervision.

6.Commercial-rated pilots who graduate from an agricultural flying school.

Commercial-rated pilots who graduate from a qualified agricultural flying and ground school shall be supervised by the chief pilot for ten hours of direct ground-supervised solo flight at operational loads while conducting aerial application. The chief pilot shall document and maintain written records verifying the pilot has fulfilled the requirements of this chapter.

7.Pesticide certification. A pilot who is identified on the aerial applicator's license must hold an air/ground core pesticide certification from the North Dakota state university extension pesticide certification and training program.

For the safety and protection of persons and property, each operator of a business engaged in aerial application must receive the information provided by the annual aerial applicator safety meeting or attend approved training by the North Dakota aeronautics commission. A chief pilot employed by an operator may attend the meeting in place of the operator. The meeting will be held in the first calendar quarter of each year and address aviation safety, business and operation security, and chemical storage. The commission will provide substitute instruction for operators and chef pilots who for good cause are unable to attend the annual safety meeting. An application for a license for aerial spraying under section 6-02-02-02 will not be approved by the commission unless the applicant's operator or chief pilot has attended the annual safety meeting in the calendar quarter preceding the date of the application or received substitute instruction or information provided by the commission.

The following qualifications and requirements are applicable to aerial application using an unmanned aircraft:

1.General. The following rules and regulations relating to the use of unmanned aircraft for aerial application have been adopted in the interest of public safety and public interest.

2.Maximum weight. The maximum operating weight of an unmanned aircraft while conducting aerial application is five hundred pounds.

3.Operator. An operator of an unmanned aircraft used for aerial application must hold a federal aviation administration remote pilot certificate and have acquired the federal aviation administration exemptions required to perform the specified aerial application services.

4.Chief pilot. All operators or contractors employing one or more unmanned aircraft pilots for the purpose of conducting aerial application by an unmanned aircraft in this state shall employ at least one chief pilot. A chief pilot must meet the pilot qualifications of this subsection.

5.Chief pilot responsibilities. It is the responsibility of the chief pilot to determine the amount of supervision a pilot requires and ensure each pilot is able to contact the chief pilot during aerial application operations.

6.Pilot qualifications. A pilot who is identified on the aerial applicator's license must hold a federal aviation administration remote pilot certificate. Before conducting solo flights, pilots must have attended an approved training program or have received at least ten hours of direct ground-supervised solo flight at operational loads while conducting aerial application.

Supervision must be provided by a pilot who has conducted a minimum of twenty-five hours of solo flight at operational loads while conducting aerial application. The operator shall document and maintain written records verifying the pilot has fulfilled the flight requirements.

History

History: Amended effective July 1, 1998; April 1, 2016; July 1, 2022. 6-02-02-04.1. Aerial applicator safety instruction.
History: Effective June 1, 2002; amended effective April 1, 2016. 6-02-02-04.2. Safety standards for unmanned aircraft.
History: Effective July 1, 2022.

N.D. Admin. Code 6-02-02-05 Private pilot aerial sprayer who obtains a commercial federal aviation administration license

N.D. Admin. Code 6-02-02-06 Private pilot's safety standards for aerial application on one's own property or land farmed under a bona fide lease

A private pilot operating a manned aircraft with a valid federal aviation administration private pilot's rating, federal aviation administration part 137 certificate, and an air/ground core pesticide certification from the North Dakota state university extension pesticide certification and training program may aerial crop spray, dust, seed, fertilize, or insecticide the pilot's own land or land farmed by the pilot under a bona fide lease, provided:

1.That the applicant submits satisfactory evidence that the applicant has a minimum of seven hundred fifty hours flying experience as pilot in command, of which a minimum of two hundred fifty flying hours must be in the class of aircraft in which the sprayer or duster will be installed for agricultural aerial application and has produced acceptable evidence of a minimum of ten hours simulated spraying time under the supervision of a chief pilot before such pilot is permitted to conduct aerial application as pilot in command, and in addition, such private pilot must obtain ten hours of direct ground-supervised solo flight at operational loads while aerial applying given by a chief pilot, with a commercial federal aviation administration license, who has at least two hundred hours of logged aerial applying time as pilot in command.

2.That the applicant sets forth, in writing, upon the application the legal description of the land owned or land farmed under a bona fide lease, including range, township, section, and quarter, or parts and apportionments pertaining thereto, or both.

3.That the applicant's services are not offered to others for hire, compensation, remuneration, or trade for other services.

All other rules and regulations set forth in this chapter governing commercial aerial application standards, including aircraft registration, aerial applicator's license, equipment standards, chemical knowledge and procedures, registration as a certified agricultural chemical aerial applicator, and reports to the aeronautics commission shall govern the operations of all private pilots licensed by the aeronautics commission for aerial application of their own land or land operated under a bona fide lease.

History

History: Amended effective April 1, 2016; July 1, 2022.

N.D. Admin. Code 6-02-02-07 Grandfather rights

Repealed effective July 1, 2022.

N.D. Admin. Code 6-02-02-08 Registration as certified agricultural chemical applicator requirements

Repealed effective June 1, 2002.

N.D. Admin. Code 6-02-02-09 Registration and license of aircraft and equipment standards

1.Registration. All aircraft operated in aerial application requiring a North Dakota aerial applicator's license shall be registered with the North Dakota aeronautics commission prior to actual use of the aircraft in this state and prior to the issuance of an aerial applicator's license.

Annual registration fees shall be in accordance with the schedule set forth in North Dakota Century Code sections 2-05-11 and 2-05-18 and shall be paid in full in advance.

2.Equipment standards. Each aircraft used for aerial application shall be satisfactorily equipped with a positive shutoff device at each discharge nozzle (manually controlled shutoff valves, spring-loaded valves, or ball checks will be acceptable), which will absolutely prevent the dissemination of material on any portion of the terrain over which flight is made other than the area being treated or sprayed. Each aircraft must be satisfactorily equipped with a shutoff between hopper and discharge orifice. The entire aircraft must be in good usable condition and free from any obvious points of leakage.

N.D. Admin. Code 6-02-02-10 Application knowledge and procedures

N.D. Admin. Code 6-02-02-11 Aerial application in vicinity of turkey farms

No aerial applicator shall conduct aerial application on or over farm lands adjoining or adjacent to turkey farms unless the applicator has coordinated the aerial application with the owner or operator of the turkey farm and with the farmer for which the aerial application is to be done.

N.D. Admin. Code 6-02-02-12 Reports available to aeronautics commission

The operator, owner, manager, pilot, or supervisor in charge of the aerial application shall maintain a record of each aerial application job which must be available to officials of the aeronautics commission on demand. Copies of such reports must be kept by the licensee for a period of three years from the date of aerial application. Upon request, these reports shall be submitted to the aeronautics commission provided that nonresident aerial applicators shall file copies of such reports with the aeronautics commission.

The report must be the same as, or contain the same information, as the records required for the state department of agriculture.

The licensee shall file with the aeronautics commission not later than December first of the year of application a summary of the total number acres treated by category such as for weed control, insect control, fertilizer application, fungicide application, etc. Failure of any licensed aerial applicator to furnish copies of such reports upon request of the aeronautics commission, in a reasonable time, shall be grounds for suspension of an aerial applicator's state license.

N.D. Admin. Code 6-02-02-13 Unsettled claims and court judgments

Evidence of prior unsettled claims or unsatisfied judgments for damages resulting from aerial application operations may be just cause for denial of a state aerial applicator's license or revocation of an existing license, provided that the aeronautics commission may, at its discretion, require a bond or cash bond in an amount equal to the estimated claim and reasonable court costs from such applicator before a license will be issued.

N.D. Admin. Code 6-02-02-14 License reciprocity between states - Nonresidents

N.D. Admin. Code 6-02-02-15 Shoulder harness must be installed and in use by pilot

N.D. Admin. Code 6-02-02-16 Airworthiness certificate required

N.D. Admin. Code 6-02-02-17 Crash helmet required for safety of pilots

N.D. Admin. Code 6-02-02-18 Revocation of aerial applicator license - Refusal of license

The North Dakota aeronautics commission or its duly appointed director reserves the right to revoke or refuse to issue a state-issued aerial applicator's license for just cause, or for violation of any

rule, regulation, procedure, or standard set forth in this chapter after a hearing has been held, provided that on the basis of proper cause shown, the director or the aeronautics commission may suspend a license or refuse to issue a license until such time as a hearing has been held.

N.D. Admin. Code 6-02-02-19 Penalty for violation of the rules and regulations

Any person violating a provision of this section is guilty of a class B misdemeanor.

History

Law Implemented: NDCC 2-05-18, 2-05-19, 2-05-20

Chapter 6-02-03 Airport Runway Approach Hazards [Repealed]

N.D. Admin. Code 6-02-03 Airport Runway Approach Hazards [Repealed]

CHAPTER 6-02-03

AIRPORT RUNWAY APPROACH HAZARDS [Repealed effective April 1, 2016]

Chapter 6-02-03.1 Airport Runway Approach Hazards

N.D. Admin. Code 6-02-03.1 Airport Runway Approach Hazards

CHAPTER 6-02-03.1

AIRPORT RUNWAY APPROACH HAZARDS

Section 6-02-03.1-01Definitions 6-02-03.1-02General 6-02-03.1-03Procedure for Determining Obstructions 6-02-03.1-04Airport Referenced Imaginary Surfaces 6-02-03.1-05Penalty 6-02-03.1-01. Definitions.

1."Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved, or planned, and for which no precision approach facilities are planned, or indicated on a planning document.

2."Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an instrument landing system, or a precision approach radar. It also means a runway for which a precision approach system is planned and is so indicated by an approved airport layout plan or planning document.

3."Utility runway" means a runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred pounds maximum gross weight and less.

4."Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an approved airport layout plan, or by any planning document submitted to the North Dakota aeronautics commission by a competent authority.

General Authority: NDCC 2-05-07 6-02-03.1-02. General.

Obstructions to air navigation are prohibited. The following rules, criteria, regulations, and minimum standards governing the construction or maintenance of hazards or obstructions near runway approaches to any airport that is open for public use in North Dakota, whether publicly or privately owned, is hereby adopted by the North Dakota aeronautics commission pursuant to authority set forth in North Dakota Century Code section 2-03-12.

General Authority: NDCC 2-03-12, 2-05-07, 2-05-21 6-02-03.1-03. Procedure for determining obstructions.

This part establishes standards for determining obstructions to air navigation. It applies to existing and proposed manmade objects, objects of natural growth, and terrain. The standards apply to the use of navigable airspace by aircraft and to existing public airports. Additionally, the standards apply to a planned public airport, or a change in an existing public airport, if a proposal therefore is on file with the North Dakota aeronautics commission.

1.An existing object, including a mobile object, is, and a future object would be, an obstruction to air navigation if it is of greater height than any of the following heights or surfaces:

a.A height of four hundred ninety-nine feet above ground level at the site of the object.

b.A height that is two hundred feet above ground level or above the established airport elevation, whichever is higher, within three nautical miles of the established reference point of an airport, excluding heliports, with its longest runway more than three thousand two hundred feet in actual length, and that height increases in the proportion of one hundred feet for each additional nautical mile of distance from the airport up to a maximum of four hundred ninety-nine feet.

c.A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance.

d.A height within an en route obstacle clearance area, including turn and termination areas, of a federal airway or approved off-airway route, that would increase the minimum obstacle clearance altitude.

e.The surface of a takeoff and landing area of an airport or any airport imaginary surface.

However, no part of the takeoff or landing area itself will be considered an obstruction.

2.Except for traverse ways on or near an airport with an operative ground traffic control service, furnished by an air traffic control tower or by the airport management and coordinated with the air traffic control service, the standards of subsection 1 of this section apply to traverse ways used or to be used for the passage of mobile objects only after the heights of these traverse ways are increased by:

a.Seventeen feet for an interstate highway that is part of the national system of military and interstate highways where overcrossings are designed for a minimum of seventeen feet vertical distance.

b.Fifteen feet for any other public roadway.

c.Ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road.

d.Twenty-three feet for a railroad.

e.For a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.

Failure to comply with the above regulations regarding obstructions to air navigation is prohibited under this chapter.

History: April 1, 2016. 6-02-03.1-04. Airport referenced imaginary surfaces.

The following airport imaginary surfaces are established with relation to the airport and to each runway. The size of each imaginary surface is based on the classification of each runway and the type of approach available or planned for that runway. Refer to Exhibit A for a table showing the classification and dimensional standards. Refer to Exhibit B and C for a graphical depiction of the imaginary surfaces.

1.Primary surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface is:

a.Two hundred fifty feet for utility runways having only visual approaches.

b.Five hundred feet for utility runways having nonprecision instrument approaches.

c.For other than utility runways the width is:

(1)Five hundred feet for visual runways having only visual approaches.

(2)Five hundred feet for nonprecision instrument runways having visibility minimums greater than three-fourths statute mile.

(3)One thousand feet for a nonprecision instrument runway having a nonprecision instrument approach with visibility minimums as low as three-fourths of a statute mile, and for precision instrument runways.

The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway.

2.Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.

a.The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

(1)One thousand two hundred fifty feet for that end of a utility runway with only visual approaches;

(2)One thousand fifty feet for that end of a runway other than a utility runway with only visual approaches;

(3)Two thousand feet for that end of a utility runway with a nonprecision instrument approach;

(4)Three thousand five hundred feet for that end of a nonprecision instrument runway other than utility, having visibility minimums greater than three-fourths of a statute mile;

(5)Four thousand feet for that end of a nonprecision instrument runway, other than utility, having a nonprecision instrument approach with visibility minimums as low as three-fourths statute mile; and (6)Sixteen thousand feet for precision instrument runways.

b.The approach surface extends for a horizontal distance of:

(1)Five thousand feet at a slope of twenty to one for all utility and visual runways;

(2)Ten thousand feet at a slope of thirty-four to one for all nonprecision instrument runways other than utility; and (3)Ten thousand feet at a slope of fifty to one with an additional forty thousand feet at a slope of forty to one for all precision instrument runways.

3.Horizontal surface. A horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

a.Five thousand feet for all runways designated as utility or visual;

b.Ten thousand feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand-foot arc is encompassed by tangents connecting two adjacent ten thousand-foot arcs, the five thousand-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

4.Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one for a horizontal distance of four thousand feet.

5.Transitional surface. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of five thousand feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.

History: April 1, 2016. 6-02-03.1-05. Penalty.

In accordance with North Dakota Century Code section 2-03-13, failure to comply with this section constitutes a class A misdemeanor.

EXHIBIT A

DIMItem Dimensional Standards (Feet)

Visual RunwayNonprecision Instrument RunwayPrecision Instrument Runway PIRABA CD A Width of primary surface and approach surface width at inner end2505005005001,0001,000 Radius of horizontal surface5,0005,0005,00010,00010,00010,000 Visual ApproachNonprecision Instrument Approach Precision Instrument ApproachABA CD C Approach surface width at end1,2501,5002,0003,5004,00016,000 D Approach surface length5,0005,0005,00010,00010,000* EApproach slope20:120:120:134:134:1* A - Utility runways B - Runways larger than utility C - Visibility minimums greater than three-fourths mile D - Visibility minimums as low as three-fourths mile * - Precision instrument approach is 50:1 for inner ten thousand feet and 40:1 for an additional forty thousand feet EXHIBIT B EXHIBIT C

Chapter 6-02-04 Intrastate Air Carriers [Repealed]

N.D. Admin. Code 6-02-04 Intrastate Air Carriers [Repealed]

CHAPTER 6-02-04

INTRASTATE AIR CARRIERS [Repealed effective April 1, 2016]

Chapter 6-02-05 Airport Grants

N.D. Admin. Code 6-02-05-01 General provisions

Public airports in North Dakota may be provided financial assistance from the aeronautics commission for airport improvement projects in accordance with the policies and guidelines established by the commission.

N.D. Admin. Code 6-02-05-02 Eligible applicants

Any person, or governing body operating a current or planned public airport may apply for grants from the aeronautics commission for funding of airport project costs.

N.D. Admin. Code 6-02-05-03 Grant application process

1.The applicant shall complete an application form and submit it to the aeronautics commission by the deadline established by the commission.

2.The applicant may amend its application at any time before the application deadline. After the application deadline, the applicant may amend its application only upon the approval of the commission staff.

3.The applicant must amend its application if it is aware of any new or previously undisclosed information that is materially relevant to the project. Failure to do so may result in denial of the application or recoupment of any grant funds awarded to the applicant.

N.D. Admin. Code 6-02-05-04 Grant evaluation criteria

All applications will be evaluated based on criteria established by the aeronautics commission.

N.D. Admin. Code 6-02-05-05 Application review

The following process will be used to review applications submitted to the commission.

1.Upon receipt of an application, the commission staff shall determine whether the application is complete and meets the eligibility requirements.

2.The commission staff shall review completed applications for eligible projects and assess their merits using the criteria established by the commission.

3.After receiving the commission staff recommendations, the commission may grant preliminary approval of applications based on the grant review criteria and staff recommendations. A preliminary approval determination is subject to change if any information submitted in the project application changes.

4.The commission shall schedule an annual state grant meeting to obtain additional information about applications, if necessary, and to make final decisions regarding grant approvals. At least one week prior to that meeting, the commission shall provide a list of the grant requests given preliminary approval to all grant applicants. Applicants whose applications received preliminary approval may request a modification of the approved funding prior to the annual state grant meeting.

N.D. Admin. Code 6-02-05-06 Applicant notification

The commission shall notify applicants of the final grant awards following the annual state grant meeting.

N.D. Admin. Code 6-02-05-07 Distribution of grants

Each applicant who is awarded a grant must certify to the commission that:

1.Funds must be used for the stated purpose.

2.At the completion of a project, any remaining balance in the allocated state grant must be returned to the commission.

3.The applicant will comply with all applicable laws and regulations.

Grant funds must be disbursed upon the completion of the certification process.

N.D. Admin. Code 6-02-05-08 Supplemental requests

Supplemental requests, contingency items of a previous grant, or requests in response to an emergency may be considered throughout the year. The applicant shall provide supportive documentation to justify the request.

Chapter 6-03

N.D. Admin. Code 6-03

ARTICLE 6-03

WEATHER MODIFICATION BOARD [Repealed effective March 1, 1990]