title-14-part-161-sec161-505

809

Federal Aviation Administration, DOT

§ 161.505

to defer implementation or enforce-
ment of its noise or access restriction
until completion of the process under
this subpart to determine compliance.

§ 161.505 Notice of proposed termi-

nation of airport grant funds and

passenger facility charges.

(a) The FAA begins proceedings

under this section to terminate an air-
port operator’s eligibility for airport
grant funds and authority to impose or
collect passenger facility charges only
if the FAA determines that informal
resolution is not successful.

(b) The following procedures shall

apply if an airport operator agrees in
writing, within 20 days of receipt of the
FAA’s notice of apparent violation
under § 161.503, to defer implementation
or enforcement of a noise or access re-
striction until completion of the proc-
ess under this subpart to determine
compliance.

(1) The FAA will issue a notice of

proposed termination to the airport op-
erator and publish notice of the pro-
posed action in the F

EDERAL

EGISTER

This notice will state the scope of the
proposed termination, the basis for the
proposed action, and the date for filing
written comments or objections by all
interested parties. This notice will also
identify any corrective action the air-
port operator can take to avoid further
proceedings. The due date for com-
ments and corrective action by the air-
port operator shall be specified in the
notice of proposed termination and
shall not be less than 60 days after pub-
lication of the notice.

(2) The FAA will review the com-

ments, statements, and data supplied
by the airport operator, and any other
available information, to determine if
the airport operator has provided satis-
factory evidence of compliance or has
taken satisfactory corrective action.
The FAA will consult with the airport
operator to attempt resolution and
may request additional information
from other parties to determine com-
pliance. The review and consultation
process shall take not less than 30
days. If the FAA finds satisfactory evi-
dence of compliance, the FAA will no-
tify the airport operator in writing and
publish notice of compliance in the
F

EDERAL

EGISTER

(3) If the FAA determines that the

airport operator has taken action to
impose a noise or access restriction in
violation of the Airport Noise and Ca-
pacity Act of 1990 or this part, the FAA
will notify the airport operator in writ-
ing of such determination. Where ap-
propriate, the FAA may prescribe cor-
rective action, including corrective ac-
tion the airport operator may still
need to take. Within 10 days of receipt
of the FAA’s determination, the air-
port operator shall—

(i) Advise the FAA in writing that it

will complete any corrective action
prescribed by the FAA within 30 days;
or

(ii) Provide the FAA with a list of

the domestic air carriers and foreign
air carriers operating at the airport
and all other issuing carriers, as de-
fined in § 158.3 of this chapter, that
have remitted passenger facility
charge revenue to the airport in the
preceding 12 months.

(4) If the FAA finds that the airport

operator has taken satisfactory correc-
tive action, the FAA will notify the
airport operator in writing and publish
notice of compliance in the F

EDERAL

EGISTER

. If the FAA has determined

that the airport operator has imposed a
noise or access restriction in violation
of the Airport Noise and Capacity Act
of 1990 or this part and satisfactory
corrective action has not been taken,
the FAA will issue an order that—

(i) Terminates eligibility for new air-

port grant agreements and discon-
tinues payments of airport grant funds,
including payments of costs incurred
prior to the notice; and

(ii) Terminates authority to impose

or collect a passenger facility charge
or, if the airport operator has not re-
ceived approval to impose a passenger
facility charge, advises the airport op-
erator that future applications for such
approval will be denied in accordance
with § 158.29(a)(1)(v) of this chapter.

(5) The FAA will publish notice of the

order in the F

EDERAL

EGISTER

and no-

tify air carriers of the FAA’s order and
actions to be taken to terminate or
modify collection of passenger facility
charges in accordance with § 158.85(f) of
this chapter.

apply if an airport operator does not

810

14 CFR Ch. I (1–1–24 Edition)

Pt. 169

agree in writing, within 20 days of re-
ceipt of the FAA’s notice of apparent
violation under § 161.503, to defer imple-
mentation or enforcement of its noise
or access restriction until completion
of the process under this subpart to de-
termine compliance.

(1) The FAA will issue a notice of

proposed termination to the airport op-
erator and publish notice of the pro-
posed action in the F

EDERAL

EGISTER

(2) The FAA will review the com-

ments, statements, and data supplied
by the airport operator, and any other
available information, to determine if
the airport operator has provided satis-
factory evidence of compliance or has
taken satisfactory corrective action. If
the FAA finds satisfactory evidence of
compliance, the FAA will notify the
airport operator in writing and publish
notice of compliance in the F

EDERAL

EGISTER

(3) If the FAA determines that the

airport operator has taken action to
impose a noise or access restriction in
violation of the Airport Noise and Ca-
pacity Act of 1990 or this part, the pro-
cedures in paragraphs (b)(3) through
(b)(5) of this section will be followed.

PART 169—EXPENDITURE OF FED-

ERAL FUNDS FOR NONMILITARY
AIRPORTS OR AIR NAVIGATION
FACILITIES THEREON

Sec.
169.1

Applicability.

169.3

Application for recommendation and

certification.

169.5

FAA determination.

UTHORITY

: 49 U.S.C. 106(g), 40101–40107,

40113–40114, 44501–44502, 46104, 47122, 47151–
47153, 47302–47306.

§ 169.1 Applicability.

(a) This part prescribes the require-

ments for issuing a written rec-
ommendation and certification that a
proposed project is reasonably nec-
essary for use in air commerce or in
the interests of national defense. The
first two sentences of section 308(a) of
the Federal Aviation Act of 1958 (49
U.S.C. 1349(a)): (1) Require such a rec-
ommendation and certification where
Federal funds are to be expended for
nonmilitary purposes for airports or
air navigation facilities thereon; and
(2) provide that any interested person
may apply to the Administrator, under
regulations prescribed by him, for a
recommendation and certification.

(b) This part does not apply to

projects for the expenditure of Federal
funds for military purposes or for air-
ports, or air navigation facilities there-
on, operated by the Federal Aviation
Administration.

[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969]

§ 169.3 Application for recommenda-

tion and certification.

(a) Any interested person may apply

to the Administrator for a rec-
ommendation and certification with
respect to a proposed project for the
acquisition, establishment, construc-
tion, alteration, repair, maintenance,
or operation of an airport or an air
navigation facility thereon by or in his
interests, on which Federal funds are
proposed to be expended for non-
military purposes. The application
shall be filed with the Regional Air-
ports Division or Airports District Of-
fice, whichever is appropriate, in whose
geographical area the airport is lo-
cated. The application must state—

(1) The name and address of the ap-

plicant, the owner of the airport, and
the individual responsible for its oper-
ation and maintenance, and the inter-
est of the applicant in the matter;

(2) The location of the airport, and of

any air navigation facilities thereon;

(3) A technical description of the

project;

(4) The information contained in the

notice required by § 157.3 of this chap-
ter; and

(5) All available pertinent data relat-

ing to the necessity of the airport or