Document
14 CFR Ch. I (1–1–26 Edition) Pt. 169 agree in writing, within 20 days of re- § 169.1 Applicability.
ceipt of the FAA’s notice of apparent (a) This part prescribes the require- violation under § 161.503, to defer imple- ments for issuing a written rec- mentation or enforcement of its noise ommendation and certification that a or access restriction until completion proposed project is reasonably nec- of the process under this subpart to de- essary for use in air commerce or in termine compliance.
the interests of national defense. The (1) The FAA will issue a notice of first two sentences of section 308(a) of proposed termination to the airport op- the Federal Aviation Act of 1958 (49 erator and publish notice of the pro- U.S.C. 1349(a)): (1) Require such a rec- posed action in the F EDERAL R EGISTER .
ommendation and certification where This notice will state the scope of the Federal funds are to be expended for proposed termination, the basis for the nonmilitary purposes for airports or proposed action, and the date for filing air navigation facilities thereon; and written comments or objections by all (2) provide that any interested person interested parties. This notice will also may apply to the Administrator, under identify any corrective action the air- regulations prescribed by him, for a port operator can take to avoid further recommendation and certification.
proceedings. The due date for com- (b) This part does not apply to ments and corrective action by the air- projects for the expenditure of Federal funds for military purposes or for air- port operator shall be specified in the ports, or air navigation facilities there- notice of proposed termination and on, operated by the Federal Aviation shall not be less than 30 days after pub- Administration.
lication of the notice.
(2) The FAA will review the com- [Docket 9256, 34 FR 5718, Mar. 27, 1969] ments, statements, and data supplied by the airport operator, and any other § 169.3 Application for recommenda- tion and certification.
available information, to determine if the airport operator has provided satis- (a) Any interested person may apply factory evidence of compliance or has to the Administrator for a rec- taken satisfactory corrective action. If ommendation and certification with the FAA finds satisfactory evidence of respect to a proposed project for the compliance, the FAA will notify the acquisition, establishment, construc- airport operator in writing and publish tion, alteration, repair, maintenance, notice of compliance in the F EDERAL or operation of an airport or an air R EGISTER . navigation facility thereon by or in his interests, on which Federal funds are (3) If the FAA determines that the proposed to be expended for non- airport operator has taken action to military purposes. The application impose a noise or access restriction in shall be filed with the Regional Air- violation of the Airport Noise and Ca- ports Division or Airports District Of- pacity Act of 1990 or this part, the pro- fice, whichever is appropriate, in whose cedures in paragraphs (b)(3) through geographical area the airport is lo- (b)(5) of this section will be followed.
cated. The application must state— (1) The name and address of the ap- PART 169—EXPENDITURE OF FED- plicant, the owner of the airport, and ERAL FUNDS FOR NONMILITARY the individual responsible for its oper- AIRPORTS OR AIR NAVIGATION ation and maintenance, and the inter- FACILITIES THEREON est of the applicant in the matter; (2) The location of the airport, and of Sec.
any air navigation facilities thereon; 169.1 Applicability.
(3) A technical description of the 169.3 Application for recommendation and project; certification.
(4) The information contained in the 169.5 FAA determination.
notice required by § 157.3 of this chap- ter; and A UTHORITY : 49 U.S.C. 106(g), 40101–40107, (5) All available pertinent data relat- 40113–40114, 44501–44502, 46104, 47122, 47151– 47153, 47302–47306. ing to the necessity of the airport or VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00824 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 169.5 air navigation facility for use in air § 169.5 FAA determination.
commerce including where applicable— (a) The Administrator issues a rec- (i) The number and type of aircraft ommendation and certification if he that use or would use the airport or fa- finds that the airport or facility is rea- cility; sonably necessary for use in air com- (ii) The present and expected level of merce or in the interests of national activity; defense; that it conforms to all applica- (iii) Any special use of the airport or ble plans and policies for, and alloca- facility such as its providing access to places of recreation as national forests tions of, airspace; and that it otherwise or parks or to isolated communities complies with requirements of Federal where access by other means is not law properly considered by the Admin- available or is curtailed by climatic istrator. The Administrator may grant condition; and the recommendation and certification (iv) In the case of an airport or air subject to conditions that ensure con- navigation facility owned, operated, or formity of the airport or facility with maintained by a Federal agency other these standards.
than the FAA, the relationship of the (b) A recommendation and certifi- airport or facility to the performance cation under this part, express or im- of that agency’s functions.
plied, does not extend to a modified (b) Each of the following has the ef- version of an airport or facility to fect of a recommendation and certifi- which it applies, or to an additional cation, and a separate application area or facility at the same airport.
under this part with respect thereto is (c) If the application is denied the not required: Administrator notifies the applicant of (1) Approval of a project under sec- tion 16 of the Airport and Airway De- the grounds for the denial. The Admin- velopment Act of 1970 (49 U.S.C. 1701). istrator may revoke a recommendation (2) Inclusion of an airport in the Na- and certification for proper cause.
tional Airport System Plan, if— (d) The authority of the Adminis- (i) Notice of construction or alter- trator under this part is exercised by ation required by § 157.3 of this chapter Regional Airports Division Managers has been given; and as to airports or facilities within their (ii) The Administrator has deter- respective regions.
mined that there is no objection to the proposed construction or alteration. [Docket 9256, 34 FR 5718, Mar. 27, 1969, as amended by Amdt. 169–1, 37 FR 21322, Oct. 7, [Docket 9256, 34 FR 5718, Mar. 27, 1969, as 1972; Amdt. 169–2, 54 FR 39295, Sept. 25, 1989] amended by Amdt. 169–1, 37 FR 21322, Oct. 7, 1972; Amdt. 169–2, 54 FR 39295, Sept. 25, 1989] VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00825 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR