685 

Federal Aviation Administration, DOT 

§ 151.39 

(3) The airport development is, in the 

opinion of the Administrator, reason-
ably necessary to provide a needed 
civil airport facility; 

(4) The Administrator is satisfied 

that the project is reasonably con-
sistent with existing plans of public 
agencies for the development of the 
area in which the airport is located and 
will contribute to the accomplishment 
of the purposes of the Federal-aid Air-
port Program; 

(5) The Administrator is satisfied, 

after considering the pertinent infor-
mation including the sponsor’s state-
ments required by § 151.26(b), that— 

(i) Fair consideration has been given 

to the interest of all communities in or 
near which the project is located; and 

(ii) Adequate replacement housing 

that is open to all persons, regardless 
of race, color, religion, sex, or national 
origin, is available and has been offered 
on the same nondiscriminatory basis to 
persons who have resided on land phys-
ically acquired or to be acquired for 
the project development and have been 
or will be displaced thereby; 

(6) The project provides for installing 

such of the landing aids specified in 
section 10(d) of the Federal Airport Act 
(49 U.S.C. 1109(d)) as the Administrator 
considers are needed for the safe and 
efficient use of the airport by aircraft, 
based on the category of the airport 
and the type and volume of its traffic. 

(b) Only the following kinds of air-

port development described in 
§ 151.35(a) are eligible to be included in 
a project under subparts B and C: 

(1) Preparing all or part of an airport 

site, including clearing, grubbing fill-
ing and grading. 

(2) Dredging of seaplane anchorages 

and channels. 

(3) Drainage work, on or off the air-

port or airport site. 

(4) Constructing, altering, or repair-

ing airport buildings or parts thereof 
to the extent that it is covered by 
§ 151.35(a). 

(5) Constructing, altering, or repair-

ing runways, taxiways, and aprons, in-
cluding— 

(i) Bituminous resurfacing of pave-

ments with a minimum of 100 pounds of 
plant-mixed material for each square 
yard; 

(ii) Applying bituminous surface 

treatment on a pavement (in accord-
ance with FAA Specification P–609), 
the existing surface of which consists 
of that kind of surface treatment; and 

(iii) Resealing a runway that has 

been substantially extended or par-
tially reconstructed, if that resealing 
is necessary for the uniform color and 
appearance of the runway. 

(6) Fencing, erosion control, seeding 

and sodding of an airport or airport 
site. 

(7) Installing, altering, or repairing 

airport markers and runway, taxiway 
and apron lighting facilities and equip-
ment. 

(8) Constructing, altering, or repair-

ing entrance roads and airport service 
roads. 

(9) Constructing, installing, or con-

necting utilities, either on or off the 
airport or airport site. 

(10) Removing, lowering, relocating 

marking, or lighting any airport haz-
ard. 

(11) Clearing, grading, and filling to 

allow the installing of landing aids. 

(12) Relocating structures, roads, and 

utilities necessary to allow eligible air-
port development. 

(13) Acquiring land or an interest 

therein, or any easement through or 
other interest in airspace, when nec-
essary to— 

(i) Allow other airport development 

to be made, whether or not a part of 
the Federal-aid Airport Program; 

(ii) Prevent or limit the establish-

ment of airport hazards; 

(iii) Allow the removal, lowering, re-

location, marking, and lighting of ex-
isting airport hazards; 

(iv) Allow the installing of landing 

aids; or 

(v) Allow the proper use, operation, 

maintenance, and management of the 
airport as a public facility. 

(14) Any other airport development 

described in § 151.35(a) that is specifi-
cally approved by the Administrator. 

For the purposes of paragraph (b)(10) of 
this section, an airport hazard is any 
structure or object of natural growth 
located on or in the vicinity of a public 
airport, or any use of land in the vicin-
ity of the airport, that obstructs the 
airspace needed for the landing or 

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