Federal Aviation Administration, DOT

Section 169.3

agree in writing, within 20 days of receipt of the FAA-s notice of apparent
violation under Section 161.503, to defer implementation or enforcement of its noise
or access restriction until completion
of the process under this subpart to determine compliance.
(1) The FAA will issue a notice of
proposed termination to the airport operator and publish notice of the proposed 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
written comments or objections by all
interested parties. This notice will also
identify any corrective action the airport operator can take to avoid further
proceedings. The due date for comments and corrective action by the airport operator shall be specified in the
notice of proposed termination and
shall not be less than 30 days after publication of the notice.
(2) The FAA will review the comments, statements, and data supplied
by the airport operator, and any other
available information, to determine if
the airport operator has provided satisfactory 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 FEDERAL
REGISTER.
(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 Capacity Act of 1990 or this part, the procedures in paragraphs (b)(3) through
(b)(5) of this section will be followed.

PART 169 - EXPENDITURE OF FEDERAL FUNDS FOR NONMILITARY
AIRPORTS OR AIR NAVIGATION
FACILITIES THEREON
Sec.
169.1 Applicability.
169.3 Application for recommendation and
certification.
169.5 FAA determination.
AUTHORITY: 49 U.S.C. 106(g), 40101-40107,
40113-40114, 44501-44502, 46104, 47122, 47151-
47153, 47302-47306.

Section 169.1

Applicability.

(a) This part prescribes the requirements for issuing a written recommendation and certification that a
proposed project is reasonably necessary 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 recommendation 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 airports, or air navigation facilities thereon, operated by the Federal Aviation
Administration.
[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969]

Section 169.3 Application for recommendation and certification.
(a) Any interested person may apply
to the Administrator for a recommendation and certification with
respect to a proposed project for the
acquisition, establishment, construction, 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 nonmilitary purposes. The application
shall be filed with the Regional Airports Division or Airports District Office, whichever is appropriate, in whose
geographical area the airport is located. The application must state - 
(1) The name and address of the applicant, the owner of the airport, and
the individual responsible for its operation and maintenance, and the interest 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 Section 157.3 of this chapter; and
(5) All available pertinent data relating to the necessity of the airport or

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