1、755 Federal Aviation Administration, DOT 169.3 (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 den
2、ied in accordance with 158.29(a)(1)(v) of this chapter. (5) The FAA will publish notice of the order in the FEDERAL REGISTER and no-tify air carriers of the FAAs order and actions to be taken to terminate or modify collection of passenger facility charges in accordance with 158.85(f) of this chapter
3、. (c) The following procedures shall apply if an airport operator does not agree in writing, within 20 days of re-ceipt of the FAAs 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 subpar
4、t 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 FEDERAL REGISTER. This notice will state the scope of the proposed termination, the basis for the proposed action, and the date for filing wr
5、itten 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
6、 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
7、 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 FEDERAL REGISTER. (3) If the FAA determines that the airport operator has taken action to impose a noise or access restri
8、ction 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 169EXPENDITURE OF FED-ERAL FUNDS FOR NONMILITARY AIRPORTS OR AIR NAVIGATION FACILITIES THEREON Sec. 169.1 Applicability. 169.3 Ap
9、plication for recommendation and certification. 169.5 FAA determination. AUTHORITY: 49 U.S.C. 106(g), 4010140107, 4011340114, 4450144502, 46104, 47122, 47151 47153, 4730247306. 169.1 Applicability. (a) This part prescribes the require-ments for issuing a written rec-ommendation and certification tha
10、t 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
11、 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
12、 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-
13、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-mil
14、itary purposes. The application VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00765 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-756 14 CFR Ch. I (1111
15、Edition) 169.5 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 responsib
16、le 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)
17、All available pertinent data relat-ing to the necessity of the airport or 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
18、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, operate
19、d, or maintained by a Federal agency other than the FAA, the relationship of the airport or facility to the performance of that agencys 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
20、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 Adm
21、inistrator 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. 1691, 37 FR 21322, Oct. 7, 1972; Amdt. 1692, 54 FR 39295, Sept. 25, 1989 169.5 FAA determination. (a) The Administrator issues a rec-ommenda
22、tion 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 Fe
23、deral 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
24、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 certificat
25、ion 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. 1691, 37 FR 21322, Oct. 7, 1972; Amdt. 1692, 54 FR 39295, Sept. 25, 1989 VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00766 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
