N.J. Admin. Code § 16:54-4.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 16:54-4.3 - Abandonment, deactivation, and surrender of license for an existing aeronautical facility

(a) All licensees proposing the deactivation or abandonment of an existing aeronautical facility listed at N.J.A.C. 16:54-1.3shall submit to the Bureau:

1. A completed copy of Form DA-3, Application for Aeronautical Facility Alteration Deactivation or Abandonment, to the Bureau not less than 30 days prior to the desired date of closure. The form may be found at http://www.nj.gov/transportation/freight/aviation/forms.shtm;

2. Submit a copy of FAA Form 7480-1, Notice of Proposed Construction or Alteration, (or subsequent form as amended or superseded as submitted to the FAA requesting closure;

3. A plan, satisfactory to the Manager, explaining how facility tenants and/or users are to be notified for any change that will require relocation, transfer, or eviction of tenants, and what opportunities are available for relocation; and

4. Where applicable, the licensee shall submit a plan detailing how provisions of 6:1-94(c) will be met.

(b) The Manager shall determine, within 10 days of receipt of the application, whether the request to deactivate or abandon the facility is in the best interest of the State, the aviation community, and the general public.

1. Licensees shall be notified of the Manager's decision concerning the application for abandonment or deactivation within 15 days of receipt of the application.

2. The Manager may delay the requested closure date pending compliance with the procedures in (a) above.

3. Final recommendations will be made by the Director based on the determination of the Bureau.

4. In the event that the Director determines that in the best interests of the State of New Jersey, the aeronautical facility should remain open, he or she will recommend that the Commissioner exercise the authority granted pursuant to N.J.S.A. 6:1-95 to acquire the facility. If the Commissioner does not acquire the aeronautical facility, the licensee's request for abandonment or deactivation will be approved.

(c) Licensees who have received approval to deactivate or abandon their facility shall surrender their license to the Bureau within 30 days after approval of the closure or within 30 days after actual closure, whichever comes later.

(d) Licensees whose license has been suspended or revoked shall immediately surrender their license to the Bureau or upon demand directly to any duly authorized representative of the Bureau.

N.J. Admin. Code § 16:54-4.3

Amended by 48 N.J.R. 1684(a), effective 8/15/2016

Amended by 55 N.J.R. 2417(a), effective 12/4/2023