; (B) is not more than 5 miles in length; (C) connects to the nearest public roadways of not more than the 2 closest census designated places; and (D) may provide incidental access to public or private property that is adjacent to the road and is not otherwise connected to a public road. 163. Limited regulation of non-federally sponsored property (a) In general Except as provided in subsection (b), the Secretary of Transportation may not directly or indirectly regulate— (1) the acquisition, use, lease, encumbrance, transfer, or disposal of land by an airport owner or operator; (2) any facility upon such land; or (3) any portion of such land or facility. (b) Exceptions Subsection (a) does not apply to— (1) any regulation ensuring— (A) the safe and efficient operation of aircraft or safety of people and property on the ground related to aircraft operations; (B) that an airport owner or operator receives not less than fair market value in the context of a commercial transaction for the use, lease, encumbrance, transfer, or disposal of land, any facilities on such land, or any portion of such land or facilities; or (C) that the airport pays not more than fair market value in the context of a commercial transaction for the acquisition of land or facilities on such land; (2) any regulation imposed with respect to land or a facility acquired or modified using Federal funding