2019-190 FAR Part 139 Airport CertificationDate: December 6, 2019 Report No. 2019-190
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
FAR Part 139 Airport Certification Update
BACKGROUND:
The topic of Denton Enterprise Airport pursuing a Federal Aviation Regulation (FAR) Part 139
Airport Operating Certificate (AOC) has been discussed for several years, including in the most
recent 2015 Airport Master Plan. That document indicated that at the time local businesses were
expressing interest in the City considering obtaining an AOC. By having an AOC, the Airport
could serve unscheduled air carrier aircraft with a seating capacity greater than 30 seats.
The process of obtaining an AOC consists of completing, submitting, maintaining and
implementing an Airport Certification Manual (ACM). The level at which air carrier operations
are desired (scheduled air service vs. unscheduled charter service) determines the level of
responsibilities by the Airport, including daily safety inspections, recordkeeping, Aircraft Rescue
and Firefighting (ARFF) equipment and personnel, emergency plans, and security protocols to
mention a few.
DISCUSSION:
In determining the level of administrative and operational impacts associated with obtaining and
maintaining an AOC, Airport staff requested the Federal Aviation Administration (FAA)
Southwest Region Part 139 inspection team to visit our Airport. The FAA conducted two separate
visits to conduct a preliminary evaluation of the Airport regarding FAR Part 139 requirements.
While the FAA found several airfield areas that would need to ultimately be addressed, it was
indicated that none were significant enough to prevent the City from making a request and likely
obtaining an AOC. Most of the issues were either minor in nature or anticipated to be corrected
with future FAA/TxDOT grant funding. It was stressed that both Airport and ARFF recordkeeping
and personnel training would be an area where we would need to focus some attention.
To better understand the dynamics of maintaining an AOC, Airport staff visited Tuscaloosa,
Regional Airport (KTCL) in Tuscaloosa Alabama. This airport was chosen due to its similarities
in anticipated Part 139 services provided for the University of Alabama (UA). It was determined
that very large aircraft (Boeing 757) accommodating over 180 passengers were being utilized to
support the UA football program. During that visit, many aspects of the day-to-day airport
requirements were discussed. Also noted was that passenger screening is provided by a 3rd-party
and conducted in the terminal building with minimal interaction by airport staff. The terminal
building used to support scheduled passenger service many years prior, so no additional facilities
were needed to support screening activities. It was also determined that the most difficult part of
maintaining an AOC was associated with recordkeeping, responsiveness and personnel training.
Date: December 6, 2019 Report No. 2019-190
Unscheduled Charter Services
Airport staff also recently discussed the topic of potentially being able to accommodate aircraft
charter services with both the University of North Texas (UNT) and Texas Woman’s University
(TWU). Both athletics departments provided insight as to their desire or need for aircraft charter
services that would require an AOC.
UNT indicated that currently their charter services are conducted at Alliance Airport, as that airport
is already certificated. The need for charter services is mainly associated with the transportation
of the football team, however, the basketball program also has limited need. Like the UA program,
UNT also uses very large aircraft (Airbus A320) to carry over 180 passengers.
Airbus A320
TWU indicated that their very limited air travel needs are provided with airline services provided
out of Dallas Love Field or DFW International Airport. TWU officials did not believe there would
be a need for aircraft charter services out of Denton for the foreseeable future.
In addition to the potential traffic from both universities, it is also possible to support activity
associated with the various auto races held at Texas Motor Speedway (TMS). Staff has had
conversations with the TMS staff regarding
our efforts in pursuing an AOC to support
the larger charter aircraft (e.g., CRJ-145). It
is anticipated that the activity would likely
be associated with race team travel.
Lastly, while the current Airport staff has
not had any recent contact, it is our
understanding that several companies did
express interest during the development of
the Airport Master Plan in providing large
aircraft business or vacation charters.
Associated with this discussion was the
potential need for U.S. Customs Service to
support flights arriving from outside the
United States. CRJ-145
Date: December 6, 2019 Report No. 2019-190
Airport Physical Capabilities
The current design standards for the Airport are for large corporate aircraft. While some “charter”
type aircraft are very similar, many are larger and heavier. The size of aircraft currently used by
UNT are larger than the current capabilities of the Airport’s runway, taxiways, and apron parking
facilities. If UNT were able to use smaller and more compatible size aircraft (e.g., Boeing 737), it
is possible that our Airport could support their needs. It is anticipated that the limited need by the
UNT basketball program would be for smaller and compatible aircraft (e.g., CRJ-145). It was
estimated that less than 20 total operations annually could occur to support both programs.
Cost of Maintaining an Airport Operating Certificate
It is important to understand the requirements set forth by the FAA for the Airport to meet
regardless of pursuing an AOC. Over the years, the City has accepted numerous FAA/TxDOT
grants to improve and/or maintain the Airport. With the acceptance of those grants comes the
associated “Grant Assurances”. There are 39 grant assurances, which are incumbent for a 20-year
period from the date of accepting each grant. These obligations cover areas of airport management,
record keeping, airfield maintenance, etc. The grant assurances are independent of the Part 139
requirements. Therefore, whether the City pursues Part 139 certification or not, the City is still
required to maintain compliance with all grant assurances.
There are two costs generally associated with maintaining an AOC: capital and operational. The
capital costs would be associated with physical improvements or maintenance to the airfield
(runway, taxiway, apron, safety areas, navigation aids, etc.) and ancillary facilities (terminal
building, auto parking, etc.). In the case of airfield improvements, most improvements necessary
to support Part 139 type aircraft are already in place and would only need annual maintenance at
this time. In terms of ancillary facilities, those improvements may or may not be necessary to
support activity and would be determined based on future levels of activities. Based on future Part
139 related activity levels, it is highly possible to obtain FAA grant funding which are typically
90% federal funding with a 10% local fund match for the planning, engineering and construction
of any future improvements needed to support aircraft operating at the Airport requiring an AOC.
As for operational cost, some of these costs are already included in the Airport’s annual budget
and staffing level. The Airport is currently “operating” like a Part 139 certificated airport by
providing enhanced safety and security for our users. The staff currently included six full-time
employees whose duties include airport management, administration, operations and maintenance
duties. The operations and maintenance staff conduct daily airfield inspections, airfield
maintenance and repairs, and operational safety and emergency plan oversight. Additionally, the
Airport also budgets limited funding for the Fire Department’s use for training and necessary
equipment for providing as needed ARFF emergency response.
With the enhanced requirement associated with maintaining an AOC, it is anticipated that the
Airport budget would need to be increased to cover additional personnel training and potentially
including increased staffing. It is anticipated that the Fire Department might need some additional
funding for training, but it appears that they are currently meeting most of the training and
recordkeeping requirements. It is anticipated that the fiscal impact for additional operational needs
Date: December 6, 2019 Report No. 2019-190
might be less than $150,000 annually. Any necessary budget changes would be brought through
the City’s budget process for City Council review and approval.
There is a capital expense associated with the Fire Department for the acquisition of an ARFF
truck, which is already funded, and delivery is anticipated in 2020. The acquisition of this truck
ensures the Airports capability to meet the ARFF equipment requirements of Part 139.
Additionally, a 3-minute response time is critical to maintaining an AOC, thus the ultimate
development of an on-site fire station would assist in ensuring compliance. In the interim, the Fire
Department can stage vehicles at the Airport for any charter operation requiring ARFF coverage
once an AOC is obtained.
Benefits of Maintaining a Part 139 Certificate
One of the primary benefits of having an AOC are the capabilities to allow air carrier or “airline”
operations. This alone may attract new tenants or operators just by having the ability to permit
their aircraft and/or service. This also provides a service for the citizens of the City that does not
currently existing, which can make air travel more convenient.
Of further benefit is the overall enhanced safety for all aircraft operating at the Airport. The
requirements associated with Part 139 are more stringent to airfield design, maintenance, and
condition reporting. These factors send a message to pilots using the Airport that they can expect
the same standardized operating environment as all certificated airports across the country. Of
significant importance to corporate and air carrier aircraft operators is the availability of
emergency services at the airport, which might be the deciding factor in choosing one of the many
DFW Metroplex airports.
The final benefit is the perception of the City of Denton’s commitment to airport safety and
security to the pilot community, especially professional and corporate pilots and their associated
businesses. Including certification status in marketing materials would also increase the awareness
of the City’s commitment and could likely draw additional interest by aircraft owners and aviation
related businesses.
CONCLUSION:
While it may be difficult to accommodate the needs of the UNT football program at the present, it
is staff’s recommendation to continue to develop and submit an ACM to the FAA for the purposes
of initially obtaining an AOC to support unscheduled large aircraft charters (AOC Class IV). Over
the next several months, staff will be preparing a Draft ACM for initial coordination with the FAA.
If the City Council desires to discuss this matter further prior to the formal ACM submittal, please
let me or the City Manager’s Office know.
FAA has indicated that it is expected to take approximately 12-16 months to complete the process
and be considered for issuance of an AOC. FAA may choose to withhold the issuance of an AOC
until a specific operator(s) has expressed the definite use of Denton Enterprise Airport. In the
meantime, staff will continue to enhance processes, recordkeeping, training, etc. to be prepared to
accept and maintain an AOC in the future.
Date: December 6, 2019 Report No. 2019-190
STAFF CONTACT:
Scott T. Gray, CM, CAE
Airport Manager
(940) 349-7744
Scott.Gray@cityofdenton.com
REQUESTOR:
Follow-up to previous Staff presentations to the City Council and Council Airport Committee.
PARTICIPATING DEPARTMENTS:
Airport, Finance, and Fire
STAFF TIME TO COMPLETE REPORT:
3 hours