Federal Aviation Administration, DOT Pt. 171 observed air traffic which may be in such proximity to the position or intended route of flight of their aircraft to warrant attention. Traffic pattern means the flow of aircraft operating on and in the vicinity of an airport during specified wind conditions as established by appropriate authority. VFR traffic means aircraft operated solely in accordance with Visual Flight Rules. Visual flight rules (VFR) means rules that govern the procedures for conducting flight under visual conditions. The term - VFR - is also used in the United States to indicate weather conditions that are equal to or greater than minimum VFR requirements. In addition, - VFR - is used by pilots and controllers to indicate the type of flight plan. Visual meteorological conditions (VMC) means meteorological conditions expressed in terms of visibility, distance from clouds, and ceiling equal to or better than specified minima. [56 FR 341, Jan. 3, 1991, as amended by Amdt. 170-3, 66 FR 21067, Apr. 27, 2001; Docket FAA- 2017-0733, Amdt. 170-4, 82 FR 34400, July 25, 2017] Subpart B - Airport Traffic Control Towers mit the amortization of the ATCT investment; (4) The FAA must be furnished appropriate land without cost for construction of the ATCT; and (5) The airport must meet the benefit-cost ratio criteria specified herein utilizing three consecutive FAA annual counts and projections of future traffic during the expected life of the tower facility. (An FAA annual count is a fiscal year or a calendar year activity summary. Where actual traffic counts are unavailable or not recorded, adequately documented FAA estimates of the scheduled and nonscheduled activity may be used.) (b) An airport meets the establishment criteria when it satisfies paragraphs (a)(1) through (a)(5) of this section and its benefit-cost ratio equals or exceeds one. As defined in Section 170.3 of this part, the benefit-cost ratio is the ratio of the present value of the ATCT life cycle benefits (BPV) to the present value of ATCT life cycle costs (CPV). BPV/CPV-1.0 (c) The satisfaction of all the criteria listed in this section does not guarantee that the airport will receive an ATCT. Section 170.15 Section 170.11 Scope. This subpart sets forth establishment and discontinuance criteria for Airport Traffic Control Towers. Section 170.13 Airport Traffic Control Tower (ATCT) establishment criteria. (a) The following criteria along with general facility establishment standards must be met before an airport can qualify for an ATCT: (1) The airport, whether publicly or privately owned, must be open to and available for use by the public as defined in the Airport and Airway Improvement Act of 1982; (2) The airport must be recognized by and contained within the National Plan of Integrated Airport Systems; (3) The airport owners/authorities must have entered into appropriate assurances and covenants to guarantee that the airport will continue in operation for a long enough period to per- ATCT discontinuance criteria. An ATCT will be subject to discontinuance when the continued operation and maintenance costs less termination costs (CMPV) of the ATCT exceed the present value of its remaining life-cycle benefits (BPV): BPV/CMPV<1.0 Subpart C [Reserved] PART 171 - NON-FEDERAL NAVIGATION FACILITIES Subpart A - VOR Facilities Sec. 171.1 Scope. 171.3 Requests for IFR procedure. 171.5 Minimum requirements for approval. 171.7 Performance requirements. 171.9 Installation requirements. 171.11 Maintenance and operations requirements. 171.13 Reports. 803 VerDate Sep<11>2014 08:20 May 17, 2019 Jkt 247048 PO 00000 Frm 00813 Fmt 8010 Sfmt 8010 Y:\SGML\247048.XXX 247048