Aeronautics Regulations

Regulation Authority:

RIGL § 1-4-1, et seq.

Purpose and Reason:

The Rhode Island Airport Corporation (“RIAC”) promulgated the Aeronautics Regulations to clarify criteria and processes for RIAC approvals and revocations and to establish uniform standards. The regulations govern a variety of civil aircraft operations and activities on airport facilities including, without limitation, standards for airports and their users, aircraft, landing fields, skydiving, ultra-lights, and banner tow operations. The Regulations include forms for certain activities and reference United States Parachute Association Basic Safety Requirements and Federal Aviation Administration requirements, including 40 CFR Part 14. RIAC published notice of rulemaking in the Providence Journal on August 17, 2010 for the initial draft of the Aeronautics Regulations. RIAC received requests for a public hearing by several individuals and an organization representing more than twenty-five members and held a public hearing on October 14, 2010 to receive comments. After extending the comment date and carefully reviewing the comments, RIAC made substantial revisions to the Aeronautics Regulations (“the Regulations”). RIAC held an informal workshop on April 4, 2011 to receive feedback on the Regulations. Notice of rulemaking and a copy of the Regulations was sent to the Office of the Governor and the Economic Development Council posted on RIAC’s website and at the general aviation airports, and copies of the notice were to persons that had commented on the first draft of the regulations as well as other persons that may be interested. Notice of rulemaking was published in the Providence Journal on May 23, 2011. The only difference between the text of the proposed rule as published in the Providence Journal on May 23, 2011, and the text of the rule as adopted, is that sections 14.3. and 5.2 were revised to ensure consistency with the Code of Federal Regulations. RIAC has complied with the requirements of RIGL §42-35-3 by considering alternative approaches to the proposed regulations and has determined that there is no alternative approach that would be as effective and less burdensome. RIAC has also determined that the proposed regulations do not overlap or duplicate any other state regulation. RIAC has complied with the requirements of RIGL §42-35-3.3 by determining that the proposed regulations will not result in a significant adverse economic impact on small business or any city or town, and by submitting copies of the proposed regulations to the Governor’s Office and Economic Development Corporation. In the development of the proposed Regulations consideration was given to: (1) alternative approaches; (2) overlap or duplication with other statutory and regulatory provisions; and (3) significant economic impact on small business. No alternative approach, duplication, or overlap was identified that would be less burdensome and achieve safety objectives. The proposed Regulations do not overlap or duplicate any other state regulation and will not result in a significant adverse economic impact on small business or any city or town.