Title 14 CFR Part 157 (authority)

§ 156.7

14 CFR Ch. I (1–1–18 Edition)

in writing, a participating State shall
not delegate or relinquish, either expressly or by implication, any State
authority, rights, or power that would
interfere with the State’s ability to
comply with the terms of a State block
grant agreement.
§ 156.7 Enforcement of State block
grant agreements and other related
grant assurances.
The Administrator may take any action, pursuant to the authority of the
Airport and Airway Improvement Act
of 1982, as amended, to enforce the
terms of a State block grant agreement
including any terms imposed upon subsequent recipients of State block
agreement funds.

PART 157—NOTICE OF CONSTRUCTION, ALTERATION, ACTIVATION,
AND DEACTIVATION OF AIRPORTS
Sec.
157.1
157.2
157.3
157.5
157.7
157.9

Applicability.
Definition of terms.
Projects requiring notice.
Notice of intent.
FAA determinations.
Notice of completion.

AUTHORITY: 49 U.S.C. 106(g), 40103, 40113,
44502.
SOURCE: Docket No. 25708, 56 FR 33996, July
24, 1991, unless otherwise noted.

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§ 157.1

Applicability.

This part applies to persons proposing to construct, alter, activate, or
deactivate a civil or joint-use (civil/
military) airport or to alter the status
or use of such an airport. Requirements
for persons to notify the Administrator
concerning certain airport activities
are prescribed in this part. This part
does not apply to projects involving:
(a) An airport subject to conditions
of a Federal agreement that requires
an approved current airport layout
plan to be on file with the Federal
Aviation Administration; or
(b) An airport at which flight operations will be conducted under visual
flight rules (VFR) and which is used or
intended to be used for a period of less
than 30 consecutive days with no more
than 10 operations per day.

(c) The intermittent use of a site
that is not an established airport,
which is used or intended to be used for
less than one year and at which flight
operations will be conducted only
under VFR. For the purposes of this
part, intermittent use of a site means:
(1) The site is used or is intended to
be used for no more than 3 days in any
one week; and
(2) No more than 10 operations will be
conducted in any one day at that site.
§ 157.2 Definition of terms.
For the purpose of this part:
Airport means any airport, heliport,
helistop, vertiport, gliderport, seaplane
base, ultralight flightpark, manned
balloon launching facility, or other aircraft landing or takeoff area.
Heliport means any landing or takeoff
area intended for use by helicopters or
other rotary wing type aircraft capable
of vertical takeoff and landing profiles.
Private use means available for use by
the owner only or by the owner and
other persons authorized by the owner.
Private use of public lands means that
the landing and takeoff area of the proposed airport is publicly owned and the
proponent is a non-government entity,
regardless of whether that landing and
takeoff area is on land or on water and
whether the controlling entity be local,
State, or Federal Government.
Public use means available for use by
the general public without a requirement for prior approval of the owner or
operator.
Traffic pattern means the traffic flow
that is prescribed for aircraft landing
or taking off from an airport, including
departure and arrival procedures utilized within a 5-mile radius of the airport for ingress, egress, and noise
abatement.
§ 157.3 Projects requiring notice.
Each person who intends to do any of
the following shall notify the Administrator in the manner prescribed in
§ 157.5:
(a) Construct or otherwise establish a
new airport or activate an airport.
(b) Construct, realign, alter, or activate any runway or other aircraft landing or takeoff area of an airport.
(c) Deactivate, discontinue using, or
abandon an airport or any landing or

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Federal Aviation Administration, DOT

§ 157.7

takeoff area of an airport for a period
of one year or more.
(d) Construct, realign, alter, activate,
deactivate, abandon, or discontinue
using a taxiway associated with a landing or takeoff area on a public-use airport.
(e) Change the status of an airport
from private use to public use or from
public use to another status.
(f) Change any traffic pattern or traffic pattern altitude or direction.
(g) Change status from IFR to VFR
or VFR to IFR.

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§ 157.5

Notice of intent.

(a) Notice shall be submitted on FAA
Form 7480–1, copies of which may be
obtained from an FAA Airport District/
Field Office or Regional Office, to one
of those offices and shall be submitted
at least—
(1) In the cases prescribed in paragraphs (a) through (d) of § 157.3, 90 days
in advance of the day that work is to
begin; or
(2) In the cases prescribed in paragraphs (e) through (g) of § 157.3, 90 days
in advance of the planned implementation date.
(b) Notwithstanding paragraph (a) of
this section—
(1) In an emergency involving essential public service, public health, or
public safety or when the delay arising
from the 90-day advance notice requirement would result in an unreasonable
hardship, a proponent may provide notice to the appropriate FAA Airport
District/Field Office or Regional Office
by telephone or other expeditious
means as soon as practicable in lieu of
submitting FAA Form 7480–1. However,
the proponent shall provide full notice,
through the submission of FAA Form
7480–1, when otherwise requested or required by the FAA.
(2) notice concerning the deactivation, discontinued use, or abandonment
of an airport, an airport landing or
takeoff area, or associated taxiway
may be submitted by letter. Prior notice is not required; except that a 30day prior notice is required when an established instrument approach procedure is involved or when the affected
property is subject to any agreement
with the United States requiring that

it be maintained and operated as a public-use airport.
§ 157.7 FAA determinations.
(a) The FAA will conduct an aeronautical study of an airport proposal
and, after consultations with interested persons, as appropriate, issue a
determination to the proponent and advise those concerned of the FAA determination. The FAA will consider matters such as the effects the proposed
action would have on existing or contemplated traffic patterns of neighboring airports; the effects the proposed action would have on the existing airspace structure and projected
programs of the FAA; and the effects
that existing or proposed manmade objects (on file with the FAA) and natural objects within the affected area
would have on the airport proposal.
While determinations consider the effects of the proposed action on the safe
and efficient use of airspace by aircraft
and the safety of persons and property
on the ground, the determinations are
only advisory. Except for an objectionable determination, each determination will contain a determination-void
date to facilitate efficient planning of
the use of the navigable airspace. A determination does not relieve the proponent of responsibility for compliance
with any local law, ordinance or regulation, or state or other Federal regulation. Aeronautical studies and determinations will not consider environmental or land use compatibility impacts.
(b) An airport determination issued
under this part will be one of the following:
(1) No objection.
(2) Conditional. A conditional determination will identify the objectionable aspects of a project or action and
specify the conditions which must be
met and sustained to preclude an objectionable determination.
(3) Objectionable. An objectionable determination will specify the FAA’s reasons for issuing such a determination.
(c) Determination void date. All work
or action for which notice is required
by this sub-part must be completed by
the determination void date. Unless
otherwise extended, revised, or terminated, an FAA determination becomes

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§ 157.9

14 CFR Ch. I (1–1–18 Edition)

invalid on the day specified as the determination void date. Interested persons may, at least 15 days in advance of
the determination void date, petition
the FAA official who issued the determination to:
(1) Revise the determination based on
new facts that change the basis on
which it was made; or
(2) Extend the determination void
date. Determinations will be furnished
to the proponent, aviation officials of
the state concerned, and, when appropriate, local political bodies and other
interested persons.
§ 157.9 Notice of completion.
Within 15 days after completion of
any airport project covered by this
part, the proponent of such project
shall notify the FAA Airport District
Office or Regional Office by submission
of FAA Form 5010–5 or by letter. A
copy of FAA Form 5010–5 will be provided with the FAA determination.

PART 158—PASSENGER FACILITY
CHARGES (PFC’S)
Subpart A—General
Sec.
158.1 Applicability.
158.3 Definitions.
158.5 Authority to impose PFC’s.
158.7 Exclusivity of authority.
158.9 Limitations.
158.11 Public agency request not to require
collection of PFC’s by a class of air carriers or foreign air carriers or for service
to isolated communities.
158.13 Use of PFC revenue.
158.15 Project eligibility at PFC levels of $1,
$2, or $3.
158.17 Project eligibility at PFC levels of $4
or $4.50.
158.18 Use of PFC revenue to pay for debt
service for non-eligible projects.
158.19 Requirement for competition plans.
158.20 Submission of required documents.

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Subpart B—Application and Approval
158.21 General.
158.23 Consultation with air carriers and
foreign air carriers.
158.24 Notice and opportunity for public
comment.
158.25 Applications.
158.27 Review of applications.
158.29 The Administrator’s decision.
158.30 PFC Authorization at Non-Hub Airports.

158.31 Duration of authority to impose a
PFC after project implementation.
158.33 Duration of authority to impose a
PFC before project implementation.
158.35 Extension of time to submit application to use PFC revenue.
158.37 Amendment of approved PFC.
158.39 Use of excess PFC revenue.

Subpart C—Collection, Handling, and
Remittance of PFC’s
158.41 General.
158.43 Public agency notification to collect
PFC’s.
158.45 Collection of PFC’s on tickets issued
in the U.S.
158.47 Collection of PFC’s on tickets issued
outside the U.S.
158.49 Handling of PFC’s.
158.51 Remittance of PFC’s.
158.53 Collection compensation.

Subpart D—Reporting, Recordkeeping and
Audits
158.61 General.
158.63 Reporting requirements: Public agency.
158.65 Reporting requirements: Collecting
air carriers.
158.67 Recordkeeping and auditing: Public
agency.
158.69 Recordkeeping and auditing: Collecting carriers.
158.71 Federal oversight.

Subpart E—Termination
158.81 General.
158.83 Informal resolution.
158.85 Termination of authority to impose
PFC’s.
158.87 Loss of Federal airport grant funds.

Subpart F—Reduction in Airport
Improvement Program Apportionments
158.91 General.
158.93 Public agencies subject to reduction.
158.95 Implementation of reduction.
APPENDIX A TO PART 158—ASSURANCES
AUTHORITY: 49 U.S.C. 106(g), 40116–40117,
47106, 47111, 47114–47116, 47524, 47526.
SOURCE: Docket No. 26385, 56 FR 24278, May
29, 1991, unless otherwise noted.

Subpart A—General
§ 158.1 Applicability.
This part applies to passenger facility charges (PFC’s) as may be approved
by the Administrator of the Federal
Aviation Administration (FAA) and

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