[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR151.39]



[Page 98-100]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 151_FEDERAL AID TO AIRPORTS--Table of Contents

 

     Subpart B_Rules and Procedures for Airport Development Projects

 

Sec. 151.39  Project eligibility.



    (a) A project for construction or land acquisition may not be 

approved under subparts B and C unless--

    (1) It is an item of airport development described in Sec. 

151.35(a);



[[Page 99]]



    (2) The airport development is within the scope of the current 

National Airport Plan;

    (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 Sec. 

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 

Sec. 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 Sec. 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 Sec. 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



[[Page 100]]



airspace needed for the landing or takeoff of aircraft or is otherwise 

hazardous to the landing or take off of aircraft. For the purposes of 

paragraph (b)(13) of this section, land acquisition includes the 

acquiring of land that is already developed as a private airport and the 

structures, fixtures, and improvements that are a part of realty (other 

than hangars, other ineligible structures and parts thereof, fixtures, 

and improvements).

    (c) A project for acquiring land that has been or will be donated to 

the sponsor is not eligible for inclusion in the Federal-aid Airport 

Program, unless the project also includes other items of airport 

development that would require a sponsor's contribution equal to or more 

than the United States share of the value of the donated land as 

appraised by the Administrator.



[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 

30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16524, Dec. 28, 1966; 

Amdt. 151-37, 35 FR 5112, Mar. 26, 1970; Amdt. 151-39, 35 FR 5537, Apr. 

3, 1970]