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
R
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 30 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. 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
R
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.
A
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
811
Federal Aviation Administration, DOT
§ 169.5
air navigation facility for use in air
commerce including where applicable—
(i) The number and type of aircraft
that use or would use the airport or fa-
cility;
(ii) The present and expected level of
activity;
(iii) Any special use of the airport or
facility such as its providing access to
places of recreation as national forests
or parks or to isolated communities
where access by other means is not
available or is curtailed by climatic
condition; and
(iv) In the case of an airport or air
navigation facility owned, operated, or
maintained by a Federal agency other
than the FAA, the relationship of the
airport or facility to the performance
of that agency’s functions.
(b) Each of the following has the ef-
fect of a recommendation and certifi-
cation, and a separate application
under this part with respect thereto is
not required:
(1) Approval of a project under sec-
tion 16 of the Airport and Airway De-
velopment Act of 1970 (49 U.S.C. 1701).
(2) Inclusion of an airport in the Na-
tional Airport System Plan, if—
(i) Notice of construction or alter-
ation required by § 157.3 of this chapter
has been given; and
(ii) The Administrator has deter-
mined that there is no objection to the
proposed construction or alteration.
[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969, as
amended by Amdt. 169–1, 37 FR 21322, Oct. 7,
1972; Amdt. 169–2, 54 FR 39295, Sept. 25, 1989]
§ 169.5 FAA determination.
(a) The Administrator issues a rec-
ommendation and certification if he
finds that the airport or facility is rea-
sonably necessary for use in air com-
merce or in the interests of national
defense; that it conforms to all applica-
ble plans and policies for, and alloca-
tions of, airspace; and that it otherwise
complies with requirements of Federal
law properly considered by the Admin-
istrator. The Administrator may grant
the recommendation and certification
subject to conditions that ensure con-
formity of the airport or facility with
these standards.
(b) A recommendation and certifi-
cation under this part, express or im-
plied, does not extend to a modified
version of an airport or facility to
which it applies, or to an additional
area or facility at the same airport.
(c) If the application is denied the
Administrator notifies the applicant of
the grounds for the denial. The Admin-
istrator may revoke a recommendation
and certification for proper cause.
(d) The authority of the Adminis-
trator under this part is exercised by
Regional Airports Division Managers
as to airports or facilities within their
respective regions.
[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969, as
amended by Amdt. 169–1, 37 FR 21322, Oct. 7,
1972; Amdt. 169–2, 54 FR 39295, Sept. 25, 1989]