[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: 14CFR152.111]



[Page 131-133]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 152_AIRPORT AID PROGRAM--Table of Contents

 

      Subpart B_Eligibility Requirements and Application Procedures

 

Sec. 152.111  Application requirements: Airport development.



    (a) An eligible sponsor that desires to obtain Federal aid for 

eligible airport development must apply to the FAA in accordance with 

this section. The sponsor must apply on a form and in a manner 

prescribed by the Administrator, through the FAA Airports District 

Office or Airports Field Office having jurisdiction over the area where 

the sponsor is located or, where there is no such office, the Regional 

Office having that jurisdiction.

    (b) Preapplication for Federal assistance. A preapplication for 

Federal assistance must be submitted unless--

    (1) The Federal fund request is for $100,000 or less; or,

    (2) The project does not include construction, land acquisition, or 

land improvement.

    (c) Unless otherwise authorized by the Administrator, the 

preapplication required by paragraph (b) of this section must be 

accompanied by the following:

    (1) A list of the items of airport development requested for 

programming, together with an itemized estimated cost of the work 

involved.

    (2) A sketch or sketches of the airport layout indicating the 

location for each item of work proposed, using the same item numbers 

used in the list required by paragraph (c)(1) of this section.

    (3) If the proposed project involves the displacement of persons or 

the acquisition of real property, the assurances required by Sec. Sec. 

25.57 and 25.59, as applicable, of the Regulations of the Office of the 

Secretary of Transportation (49 CFR 25.57 and 25.59), whether or not 

reimbursement is being requested for the costs of displacement or real 

property acquisition.

    (4) Any comments or statements required by appendix E, Procedures 

Implementing Office of Management and Budget Circular A-95, to this 

part, with a showing that they have been considered by the sponsor.

    (5) If the proposed development involves the construction of 

eligible airport buildings or the acquisition of eligible fixed 

equipment to be contained in those buildings, a statement whether the 

proposed development will be in an area of the community that has been 

identified by the Department of Housing and Urban Development as an area 

of special flood hazard as defined in the Flood Disaster Protection Act 

of 1973 (42 U.S.C. 4002 et seq.).

    (6) If the proposed development is in an area of special flood 

hazard, a statement whether the community is participating in the 

National Flood Insurance Program (42 U.S.C. 4011 et seq.).

    (7) The sponsor's environmental assessment prepared in conformance 

with appendix 6 of FAA Order 1050.1C, ``Policies and Procedures for 

Considering Environmental Impacts'' (45 FR 2244; Jan. 10, 1980), and FAA 

Order 5050.4, ``Airport Environmental Handbook'' (45 FR 56624; Aug. 24, 

1980), if an assessment is required by Order 5050.4. Copies of these 

orders may be examined in the Rules Docket, Office of the Chief Counsel, 

FAA, Washington, D.C., and may be obtained on request at any FAA 

regional office headquarters or any airports district office.

    (8) A showing that the sponsor has complied with the public hearing 

requirements in Sec. 152.117.

    (9) In the case of a proposed new airport serving any area that does 

not include a metropolitan area, a showing that each community in which 

the proposed airport is to be located has approved the proposed airport 

site



[[Page 132]]



through the body having general legislative jurisdiction over it.

    (10) In the case of a proposed project at an air carrier airport, a 

statement that the sponsor, in making the decision to undertake the 

project, has consulted with air carriers using the airport.

    (11) In the case of a proposed project at a general aviation 

airport, a statement that the sponsor, in making the decision to 

undertake the project, has consulted with fixed-base operators using the 

airport.

    (12) In the case of terminal development, a certification that the 

airport has, or will have, all safety and security equipment required 

for certification of the airport under part 139 and has provided, or 

will provide, for access to the passenger enplaning and deplaning area 

to passengers enplaning or deplaning from aircraft other than air 

carrier aircraft.

    (d) Allocation of funds. If the proposed project for airport 

development is selected by the Administrator for inclusion in a program, 

a tentative allocation of funds is made for the project and the sponsor 

is notified of the allocation. The tentative allocation may be withdrawn 

if the sponsor does not submit a project application in accordance with 

paragraph (f) of this section.

    (e) Application for Federal assistance. As soon as practicable after 

receiving notice of a tentative allocation or, if a preapplication is 

not required (as provided in paragraph (b) of this section), an 

application for Federal assistance must be submitted.

    (f) Unless otherwise authorized by the Administrator, the 

application required by paragraph (e) of this section must be 

accompanied by the following:

    (1) When a preapplication has not been previously submitted, the 

information required by paragraph (c) of this section.

    (2) A property map of the airport showing--

    (i) The property interests of each sponsor in all the lands to be 

developed or used as part of, or in connection with, the airport as it 

will be when the project is completed; and

    (ii) All property interests acquired or to be acquired, for which 

U.S. aid is requested under the project.

    (3) With respect to all lands to be developed or used as a part of, 

or in connection with, the airport (as it will be when the project is 

completed) in which a satisfactory property interest is not held by a 

sponsor, a covenant by the sponsor that it will obtain a satisfactory 

property interest before construction is begun or within a reasonable 

time if not needed for construction.

    (4) If the proposed project involves the displacement of persons, 

the relocation plan required by Sec. 25.55 of the Regulations of the 

Office of the Secretary of Transportation.

    (5) When the project involves an airport location, a runway 

location, or a major runway extension, a written certification from the 

Governor of the state in which the project may be located (or a 

delegatee), providing reasonable assurance that the project will be 

located, designed, constructed, and operated so as to comply with 

applicable air and water quality standards.

    (6) A statement whether any building, installation, structure, 

location, or site of operations to be utilized in the performance of the 

grant or any contract made pursuant to the grant appears on the list of 

violating facilities distributed by the Environmental Protection Agency 

under the provisions of the Clean Air Act and Federal Water Pollution 

Control Act (40 CFR part 15).

    (7) The assurances on Civil Rights required by Sec. 21.7 of the 

Regulations of the Office of the Secretary of Transportation (49 CFR 

21.7) and Sec. 152.405.

    (8) Plans and specifications for the proposed development in 

accordance with the design and construction standards listed in appendix 

B to this part.

    (9) The applicable assurances required by appendix D to this part.

    (10) If cosponsors are not willing to assume, jointly and severally, 

the obligations imposed on them by this part and the grant agreement, a 

statement satisfactory to the Administrator indicating--

    (i) The responsibilities of each sponsor with respect to the 

accomplishment of the proposed project and the operation and maintenance 

of the airport;



[[Page 133]]



    (ii) The obligations each will assume to the United States; and

    (iii) The name of the sponsor or sponsors who will accept, receipt 

for, and disburse grant payments.

    (g) Additional documentation. The Administrator may request 

additional documentation as needed to support specific items of 

development or to comply with other Federal and local requirements as 

they pertain to the requested development.



(Secs. 303, 307, 308, 312, and 313, Federal Aviation Act of 1958 (49 

U.S.C. 1344, 1348, 1349, 1353, and 1354); sec. 6(c), Dept. of 

Transportation Act (49 U.S.C. 1655(c)); Airport and Airway Development 

Act of 1970, as amended (49 U.S.C. 1701 et seq.); sec. 1.47(f)(1), 

Regulations of the Office of the Secretary of Transportation (49 CFR 

1.47(1)); OMB Circular A-95, Revised (41 FR 2052; Jan. 13, 1976))



[Doc. No. 19430, 45 FR 34784, May 22, 1980, as amended by Amdt. 152-11, 

45 FR 56622, Aug. 25, 1980; 45 FR 58107, Sept. 2, 1980; Amdt. 152-13, 46 

FR 30809, June 11, 1981]