689
Federal Aviation Administration, DOT
§ 151.13
standard configuration, length, and
property interests, considering all facts
presented by the airport owner or oper-
ator. Any development that improves a
specific runway or landing strip is con-
sidered to be a runway improvement,
including runway lighting and the de-
veloping or lighting of taxiways serv-
ing a runway.
(e) On existing airports where sub-
stantial improvements are made that
do not benefit a specific runway or
landing strip, such as overall grading
or drainage, terminal area or building
developments, the sponsor must own,
acquire, or agree to acquire adequate
property interests in runway clear zone
areas for the dominant runway or land-
ing strip to the extent that the Admin-
istrator determines is practical and
feasible, with regard to standard con-
figuration, length, and property inter-
ests, considering all facts presented by
the airport owner or operator.
(f) If a sponsor or other public agency
shows that it is legally able to prevent
the future erection or creation of ob-
structions in the runway clear zone
area, and adopts protective measures
to prohibit their future erection or cre-
ation, that showing is acceptable for
the purposes of paragraphs (d) and (e)
of this section in place of an adequate
property interest (except for rights re-
quired for removing existing obstruc-
tions). In such a case, there must be an
agreement between the FAA and the
sponsor for removing or marking or
lighting (to be determined in each
case) any existing obstruction to air
navigation In each case, the sponsor
must furnish information as to the spe-
cific height limitations established and
as to the current and foreseeable future
use of the property to which they
apply. The information must include
an acceptable legal opinion of the va-
lidity of the measures adopted, includ-
ing a conclusion that the height limi-
tations are not unreasonable in view of
current and foreseeable future use of
the property, and are a reasonable ex-
ercise of the police power, together
with the reasons or basis supporting
the opinion.
(g) The authority exercised by the
Administrator under paragraphs (b),
(c), (d), and (e) of this section to allow
a deviation from, or the extent of con-
formity to, standard configuration or
length of runway clear zones, or to de-
termine the adequacy of property in-
terests therein, is also exercised by Re-
gional Directors.
[Doc. No. 1329, 27 FR 12350, Dec. 13, 1962, as
amended by Amdt. 151–22, 33 FR 8267, June 4,
1968; Amdt. 151–25, 33 FR 14535, Sept. 27, 1968]
§ 151.13 Federal-aid Airport Program:
Policy affecting landing aid re-
quirements.
(a)
Landing aid requirements.
No
project for developing or improving an
airport may be approved for the Pro-
gram unless it provides for acquiring or
installing such of the following landing
aids as the Administrator determines
are needed for the safe and efficient use
of the airport by aircraft, considering
the category of the airport and the
type and volume of traffic using it:
(1) Land needed for installing ap-
proach lighting systems (ALS).
(2) In-runway lighting.
(3) High intensity runway lighting.
(4) Runway distance markers.
For the purposes of this section ‘‘ap-
proach lighting system (ALS)’’ is a
standard configuration of aeronautical
ground lights in the approach area to a
runway or channel to assist a pilot in
making an approach to the runway or
channel.
(b)
Specific landing aid requirements.
The landing aids set forth in para-
graphs (a) (1) through (4) of this section
are required for the safe and efficient
use of airports by aircraft in the fol-
lowing cases:
(1) Lands for installing approach
lighting systems are required as part of
a project if the installing of the compo-
nents of the system on the airport is in
an approved FAA budget, unless the
sponsor has already acquired the land
necessary for the system or is other-
wise undertaking to acquire that land.
If the sponsor is otherwise undertaking
to acquire the land, the grant agree-
ment for the project must obligate the
sponsor to complete the acquisition
within a time limit prescribed by the
Administrator. The Administrator im-
mediately notifies a sponsor when a
budget is approved providing for in-
stalling an approach lighting system at
the airport concerned.
