Federal Aviation Administration, DOT

Section 151.39

(3) The airport development is, in the
opinion of the Administrator, reasonably necessary to provide a needed
civil airport facility;
(4) The Administrator is satisfied
that the project is reasonably consistent 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 Airport Program;
(5) The Administrator is satisfied,
after considering the pertinent information including the sponsor-s statements required by Section 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 physically 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 airport
development
described
in
Section 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 filling and grading.
(2) Dredging of seaplane anchorages
and channels.
(3) Drainage work, on or off the airport or airport site.
(4) Constructing, altering, or repairing airport buildings or parts thereof
to the extent that it is covered by
Section 151.35(a).
(5) Constructing, altering, or repairing runways, taxiways, and aprons, including - 
(i) Bituminous resurfacing of pavements with a minimum of 100 pounds of
plant-mixed material for each square
yard;

(ii) Applying bituminous surface
treatment on a pavement (in accordance 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 partially 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 equipment.
(8) Constructing, altering, or repairing entrance roads and airport service
roads.
(9) Constructing, installing, or connecting utilities, either on or off the
airport or airport site.
(10) Removing, lowering, relocating
marking, or lighting any airport hazard.
(11) Clearing, grading, and filling to
allow the installing of landing aids.
(12) Relocating structures, roads, and
utilities necessary to allow eligible airport development.
(13) Acquiring land or an interest
therein, or any easement through or
other interest in airspace, when necessary 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 establishment of airport hazards;
(iii) Allow the removal, lowering, relocation, marking, and lighting of existing 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 Section 151.35(a) that is specifically 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 vicinity of the airport, that obstructs the
airspace needed for the landing or

685

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00695

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048