CHAPTER ?. - AIRWAYS, AERODROMES AND AIR NAVIGATION FACILITIES
(Designation of Airways)
Article 37. The Minister of Transport shall designate pathways through airspace, as airways, appropriate for the navigation of aircraft.
2. The designation of airways under the preceding paragraph shall be made by notification of the location and parameters of the said airspace.
(Establishment of Aerodromes or Installation of Air Navigation Facilities)
Article 38. Any person other than the Minister of Transport and the New Tokyo International Airport Authority shall obtain permission from the Minister of Transport, when that person plans to establish aerodromes or install air navigation facilities as stipulated in accordance with Cabinet Order.
2. Any person who will apply for permission under the preceding paragraph shall submit a written application describing the said facilities, including an establishment plan, showing locations, structures and other works, its administration plan, the scheduled date of completion of the works and other items specified by Ordinances of the Ministry of Transport, and, in the case of aerodromes, whether the aerodrome is for public use or not, must also be clarified.
3. The Minister of Transport shall, when there has been an application for permission for the establishment of an aerodrome, notify the public of the location and extent thereof describing whether it is for public use or not, the landing area, approach area, approach surface, scheduled activation date and other items specified by Ordinances of the Ministry of Transport and, at the same time, post the notice thereof at the site.
4. The permission under paragraph 1 may have conditions imposed or have validity for a specified term and may be subject to modification.
(Examination of Applications)
Article 39. The Minister of Transport shall, when there has been an application for permission under the preceding Article paragraph 1, examine whether the application meets the requirement of each of the following items:
(1) The establishment plan for the said aerodrome or installation of the said air navigation facilities including location, structures and others, shall conform to the standards stipulated in the Ordinances of the Ministry of Transport;
(2) The establishment of the said aerodrome or the installation of the said air navigation facilities shall not substantially damage the interests of any other parties concerned;
