Section 169.5

14 CFR Ch. I (1-1-19 Edition)

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 facility;
(ii) The present and expected level of
activity;
(iii) Any special 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, operated, or
maintained by a Federal agency other
than the FAA, the relationship of the
airport or facility to the performance
of that agency-s functions.
(b) Each of the following has the effect of a recommendation and certification, and a separate application
under this part with respect thereto is
not required:
(1) Approval of a project under section 16 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1701).
(2) Inclusion of an airport in the National Airport System Plan, if - 
(i) Notice of construction or alteration required by Section 157.3 of this chapter
has been given; and
(ii) The Administrator has determined that there is no objection to the
proposed construction or alteration.
[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969, as
amended by Amdt. 169-1, 37 FR 21322, Oct. 7,
1972; Amdt. 169-2, 54 FR 39295, Sept. 25, 1989]

Section 169.5

FAA determination.

(a) The Administrator issues a recommendation and certification if he
finds that the airport or facility is reasonably necessary for use in air commerce or in the interests of national
defense; that it conforms to all applicable plans and policies for, and allocations of, airspace; and that it otherwise
complies with requirements of Federal
law properly considered by the Administrator. The Administrator may grant
the recommendation and certification
subject to conditions that ensure conformity of the airport or facility with
these standards.
(b) A recommendation and certification under this part, express or implied, does not 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 Administrator may revoke a recommendation
and certification for proper cause.
(d) The authority of the Administrator 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. 169-1, 37 FR 21322, Oct. 7,
1972; Amdt. 169-2, 54 FR 39295, Sept. 25, 1989]

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