763
Federal Aviation Administration, DOT
§ 157.3
in writing, a participating State shall
not delegate or relinquish, either ex-
pressly or by implication, any State
authority, rights, or power that would
interfere with the State’s ability to
comply with the terms of a State block
grant agreement.
§ 156.7 Enforcement of State block
grant agreements and other related
grant assurances.
The Administrator may take any ac-
tion, pursuant to the authority of the
Airport and Airway Improvement Act
of 1982, as amended, to enforce the
terms of a State block grant agreement
including any terms imposed upon sub-
sequent recipients of State block
agreement funds.
PART 157—NOTICE OF CONSTRUC-
TION, ALTERATION, ACTIVATION,
AND DEACTIVATION OF AIR-
PORTS
Sec.
157.1
Applicability.
157.2
Definition of terms.
157.3
Projects requiring notice.
157.5
Notice of intent.
157.7
FAA determinations.
157.9
Notice of completion.
A
UTHORITY
: 49 U.S.C. 106(g), 40103, 40113,
44502.
S
OURCE
: Docket No. 25708, 56 FR 33996, July
24, 1991, unless otherwise noted.
§ 157.1 Applicability.
This part applies to persons pro-
posing to construct, alter, activate, or
deactivate a civil or joint-use (civil/
military) airport or to alter the status
or use of such an airport. Requirements
for persons to notify the Administrator
concerning certain airport activities
are prescribed in this part. This part
does not apply to projects involving:
(a) An airport subject to conditions
of a Federal agreement that requires
an approved current airport layout
plan to be on file with the Federal
Aviation Administration; or
(b) An airport at which flight oper-
ations will be conducted under visual
flight rules (VFR) and which is used or
intended to be used for a period of less
than 30 consecutive days with no more
than 10 operations per day.
(c) The intermittent use of a site
that is not an established airport,
which is used or intended to be used for
less than one year and at which flight
operations will be conducted only
under VFR. For the purposes of this
part,
intermittent use of a site
means:
(1) The site is used or is intended to
be used for no more than 3 days in any
one week; and
(2) No more than 10 operations will be
conducted in any one day at that site.
§ 157.2 Definition of terms.
For the purpose of this part:
Airport
means any airport, heliport,
helistop, vertiport, gliderport, seaplane
base, ultralight flightpark, manned
balloon launching facility, or other air-
craft landing or takeoff area.
Heliport
means any landing or takeoff
area intended for use by helicopters or
other rotary wing type aircraft capable
of vertical takeoff and landing profiles.
Private use
means available for use by
the owner only or by the owner and
other persons authorized by the owner.
Private use of public lands
means that
the landing and takeoff area of the pro-
posed airport is publicly owned and the
proponent is a non-government entity,
regardless of whether that landing and
takeoff area is on land or on water and
whether the controlling entity be local,
State, or Federal Government.
Public use
means available for use by
the general public without a require-
ment for prior approval of the owner or
operator.
Traffic pattern
means the traffic flow
that is prescribed for aircraft landing
or taking off from an airport, including
departure and arrival procedures uti-
lized within a 5-mile radius of the air-
port for ingress, egress, and noise
abatement.
§ 157.3 Projects requiring notice.
Each person who intends to do any of
the following shall notify the Adminis-
trator in the manner prescribed in
§ 157.5:
(a) Construct or otherwise establish a
new airport or activate an airport.
(b) Construct, realign, alter, or acti-
vate any runway or other aircraft land-
ing or takeoff area of an airport.
(c) Deactivate, discontinue using, or
abandon an airport or any landing or
764
14 CFR Ch. I (1–1–24 Edition)
§ 157.5
takeoff area of an airport for a period
of one year or more.
(d) Construct, realign, alter, activate,
deactivate, abandon, or discontinue
using a taxiway associated with a land-
ing or takeoff area on a public-use air-
port.
(e) Change the status of an airport
from private use to public use or from
public use to another status.
(f) Change any traffic pattern or traf-
fic pattern altitude or direction.
(g) Change status from IFR to VFR
or VFR to IFR.
§ 157.5 Notice of intent.
(a) Notice shall be submitted on FAA
Form 7480–1, copies of which may be
obtained from an FAA Airport District/
Field Office or Regional Office, to one
of those offices and shall be submitted
at least—
(1) In the cases prescribed in para-
graphs (a) through (d) of § 157.3, 90 days
in advance of the day that work is to
begin; or
(2) In the cases prescribed in para-
graphs (e) through (g) of § 157.3, 90 days
in advance of the planned implementa-
tion date.
(b) Notwithstanding paragraph (a) of
this section—
(1) In an emergency involving essen-
tial public service, public health, or
public safety or when the delay arising
from the 90-day advance notice require-
ment would result in an unreasonable
hardship, a proponent may provide no-
tice to the appropriate FAA Airport
District/Field Office or Regional Office
by telephone or other expeditious
means as soon as practicable in lieu of
submitting FAA Form 7480–1. However,
the proponent shall provide full notice,
through the submission of FAA Form
7480–1, when otherwise requested or re-
quired by the FAA.
(2) notice concerning the deactiva-
tion, discontinued use, or abandonment
of an airport, an airport landing or
takeoff area, or associated taxiway
may be submitted by letter. Prior no-
tice is not required; except that a 30-
day prior notice is required when an es-
tablished instrument approach proce-
dure is involved or when the affected
property is subject to any agreement
with the United States requiring that
it be maintained and operated as a pub-
lic-use airport.
§ 157.7 FAA determinations.
(a) The FAA will conduct an aero-
nautical study of an airport proposal
and, after consultations with inter-
ested persons, as appropriate, issue a
determination to the proponent and ad-
vise those concerned of the FAA deter-
mination. The FAA will consider mat-
ters such as the effects the proposed
action would have on existing or con-
templated traffic patterns of neigh-
boring airports; the effects the pro-
posed action would have on the exist-
ing airspace structure and projected
programs of the FAA; and the effects
that existing or proposed manmade ob-
jects (on file with the FAA) and nat-
ural objects within the affected area
would have on the airport proposal.
While determinations consider the ef-
fects of the proposed action on the safe
and efficient use of airspace by aircraft
and the safety of persons and property
on the ground, the determinations are
only advisory. Except for an objection-
able determination, each determina-
tion will contain a determination-void
date to facilitate efficient planning of
the use of the navigable airspace. A de-
termination does not relieve the pro-
ponent of responsibility for compliance
with any local law, ordinance or regu-
lation, or state or other Federal regu-
lation. Aeronautical studies and deter-
minations will not consider environ-
mental or land use compatibility im-
pacts.
(b) An airport determination issued
under this part will be one of the fol-
lowing:
(1)
No objection.
(2)
Conditional.
A conditional deter-
mination will identify the objection-
able aspects of a project or action and
specify the conditions which must be
met and sustained to preclude an objec-
tionable determination.
(3)
Objectionable.
An objectionable de-
termination will specify the FAA’s rea-
sons for issuing such a determination.
(c)
Determination void date.
All work
or action for which notice is required
by this sub-part must be completed by
the determination void date. Unless
otherwise extended, revised, or termi-
nated, an FAA determination becomes