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1. Purpose. This advisory circular (AC) contains guidance on complying with new
Federal statutory requirements regarding the construction or establishment of landfills
near public airports.

2. Application. The guidance contained in the AC is provided by the Federal
Aviation Administration (FAA) for use by persons considering the construction or
establishment of a municipal solid waste landfill (MSWLF) near a public airport.
Guidance contained herein should be used to comply with recently enacted MSWLF
site limitations contained in 49 U.S.C. § 44718(d), as amended by section 503 of the
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, Pub. L.
No. 106-181 (April 5, 2000), "Structures interfering with air commerce." In
accordance with § 44718(d), as amended, these site limitations are not applicable in
the State of Alaska.

In addition, this AC provides guidance for a state aviation agency desiring to petition
the FAA for an exemption from the requirements of § 44718(d), as amended.

3. Related Reading Materials.

a. AC - 150/5200-33, Hazardous Wildlife Attractions On or Near Airports, May
1, 1997.

b. Wildlife Strikes to Civil Aircraft in the United States 1990-1998, FAA
Wildlife Aircraft Strike Database Serial Report Number 5, November 1998.

c. Report to Congress: Potential Hazards to Aircraft by Locating Waste Disposal
Sites in the Vicinity of Airports, April 1996, DOT/FAA/AS/96-1.

d. Title 14, Code of Federal Regulation, Part 139, Certification and Operations:
Land Airports Serving Certain Air Carriers.

e. Title 40, Code of Federal Regulation, Part 258, Municipal Solid Waste
Landfill Criteria.

Some of these documents and additional information on wildlife management,
including guidance on landfills, are available on the FAA's Airports web site at
www.faa.gov/arp/arphome.htm.

The University

of Michigan Media Union

Library

ERSITY OF MICHIGAN
LIBRARIES

DEC 15 2000

DEPOSITED BY

DELOF AMERICA

8/26/00

AC 150/5200-34

4. Definitions. Definitions for the specific purpose of this AC are found in Appendix 1.

5. Background. The FAA has the broad authority to regulate and develop civil aviation under the Federal Aviation Act of 1958, 49 U.S.C. § 40101, et. seq., and other Federal law. In section 1220 of the Federal Aviation Reauthorization Act of 1996, Pub. L. No. 104-264 (October 9, 1996), the Congress added a new provision, section (d), to 49 U.S.C. § 44718 to be enforced by the FAA and placing limitations on the construction or establishment of landfills near public airports for the purposes of enhancing aviation safety. Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21), Pub. L. No. 106-181 (April 5, 2000) has replaced section 1220 of the 1996 Reauthorization Act, 49 U.S.C. § 44718 (d), with new language. Specifically, the new provision, § 44718(d), as amended, was enacted to further limit the construction or establishment of a MSWLF near certain smaller public airports.

In enacting this legislation, Congress expressed concern that a MSWLF sited near an airport poses a potential hazard to aircraft operations because such a waste facility attracts birds. Statistics support the fact that bird strikes pose a real danger to aircraft. An estimated 87 percent of the collisions between wildlife and civil aircraft occurred on or near airports when aircraft are below 2,000 feet above ground level (AGL). Collisions with wildlife at these altitudes are especially dangerous as aircraft pilots have minimal time to recover from such emergencies.

Databases managed by FAA and the United States Air Force show that more than 54,000 civil and military aircraft sustained reported strikes with wildlife from 1990 to 1999 (28,150 civil strikes and 25,853 military strikes). Between 1990-1999, aircraft-wildlife strikes involving U. S. civil aircraft result in over $350 million/year worth of aircraft damage and associated losses and over 460,000 hours/year of aircraft down time.

From 1990 to 1999, waterfowl, gulls and raptors were involved in 77% of the 2,119 reported damaging aircraft-wildlife strikes where the bird was identified. Populations of Canada geese and many species of gulls and raptors have increased markedly over the last several years. Further, gulls and Canada geese have adapted to urban and suburban environments and, along with raptors and turkey vultures, are commonly found feeding or loafing on or near landfills.

In light of increasing bird populations and aircraft operations, the FAA believes locating landfills in proximity to airports increases the risk of collisions between birds and aircraft. To address this concern, the FAA issued AC 150/5200-33, Hazardous Wildlife Attractions On or Near Airports, to provide airport operators and aviation planners with guidance on minimizing wildlife attractant. AC 150/5200-33 recommends against locating municipal solid waste landfills within five statute miles of an airport if the landfill may cause hazardous wildlife to move into or through the airport's approach or departure airspace.

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