[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: 14CFR152.3]



[Page 125-128]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 152_AIRPORT AID PROGRAM--Table of Contents

 

                            Subpart A_General

 

Sec. 152.3  Definitions.



    The following are definitions of terms used throughout this part:

    AADA means the Airport and Airway Development Act of 1970, as 

amended (49 U.S.C. 1701 et seq.).

    Air carrier airport means--

    (1) An existing public airport regularly served, or a new public 

airport



[[Page 126]]



that the Administrator determines will be regularly served, by an air 

carrier, other than a charter air carrier, certificated by the Civil 

Aeronautics Board under section 401 of the Federal Aviation Act of 1958; 

and

    (2) A commuter service airport.

    Airport means--

    (1) Any area of land or water that is used, or intended for use, for 

the landing and takeoff of aircraft;

    (2) Any appurtenant areas that are used, or intended for use, for 

airport buildings, other airport facilities, or rights-of-way; and

    (3) All airport buildings and facilities located on the areas 

specified in this definition.

    Airport development means--

    (1) Any work involved in constructing, improving, or repairing a 

public airport or portion thereof, including the removal, lowering, 

relocation, and marking and lighting or airport hazards, and including 

navigation aids used by aircraft landing at, or taking off from, a 

public airport, and including safety equipment required by rule or 

regulation for certification of the airport under section 612 of the 

Federal Aviation Act of 1958, and security equipment required of the 

sponsor by the FAA by rule or regulation for the safety and security of 

persons or property on the airport, and including snow removal 

equipment, and including the purchase of noise suppressing equipment, 

the construction of physical barriers, and landscaping for the purpose 

of diminishing the effect of aircraft noise on any area adjacent to a 

public airport.

    (2) Any acquisition of land or of any interest therein, or of any 

easement through or other interest in airspace, including land for 

future airport development, which is necessary to permit any such work 

or to remove or mitigate or prevent or limit the establishment of, 

airport hazards; and

    (3) Any acquisition of land or of any interest therein necessary to 

insure that such land is used only for purposes which are compatible 

with the noise levels of the operation of a public airport.

    Airport hazard means any structure or object of natural growth 

located on or in the vicinity of a public airport, or any use of land 

near a public airport, that--

    (1) Obstructs the airspace required for the flight of aircraft 

landing or taking off at the airport; or

    (2) Is otherwise hazardous to aircraft landing or taking off at the 

airport.

    Airport layout plan means a plan for the layout of an airport, 

showing existing and proposed airport facilities.

    Airport master planning means the development for planning purposes 

of information and guidance to determine the extent, type, and nature of 

development needed at a specific airport.

    Airport system planning means the development for planning purposes 

of information and guidance to determine the extent, type, nature, 

location, and timing of airport development needed in a specific area to 

establish a viable and balanced system of public airports.

    Audit means the examination and verification of part or all of the 

documentary evidence supporting an item of project cost in accordance 

with Attachment P of Office of Management and Budget Circular A-102 (44 

FR 60958).

    Commuter service airport means an air carrier airport--

    (1) That is not served by an air carrier certificated under section 

401 of the Federal Aviation Act of 1958;

    (2) That is regularly served by one or more air carriers operating 

under an exemption granted by the Civil Aeronautics Board from section 

401(a) of the Federal Aviation Act of 1958; and

    (3) At which not less than 2,500 passengers were enplaned during the 

preceding calendar year by air carriers operating under an exemption 

from section 401(a).

    Force account means--

    (1) The sponsor's or planning agency's own labor force; or

    (2) The labor force of another public agency acting as an agent of 

the sponsor or planning agency.

    General aviation airport means a public airport other than an air 

carrier airport.

    Landing area means an area used, or intended to be used, for the 

landing, takeoff, or surface maneuvering of aircraft.

    NASP means the National Airport System Plan.



[[Page 127]]



    National Airport System Plan means the plan for the development of 

public airports in the United States formulated by the Administrator 

under section 12 of the AADA.

    Nonrevenue producing public-use areas means areas that are directly 

related to the movement of passengers and baggage in air commerce within 

the boundaries of the airport.

    Passengers enplaned means--

    (1) United States domestic, territorial, and international revenue 

passenger enplanements in scheduled and nonscheduled service of air 

carriers; and

    (2) Revenue passenger enplanements by foreign air carriers in 

intrastate and interstate commerce.

    Planning agency means a planning agency designated by the 

Administrator that is authorized by the laws of a State, the 

Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the 

Trust Territory of the Pacific Islands, or Guam, or by the laws of a 

political subdivision of any of those entities, to engage in areawide 

planning for the areas in which assistance under this part is to be 

used.

    Project means a project for the accomplishment of airport 

development, airport master planning, or airport system planning.

    Project costs means any costs involved in accomplishing a project.

    Project formulation costs means, with respect to projects for 

airport development, any necessary costs of formulating a project 

including--

    (1) The costs of field surveys and the preparation of plans and 

specifications;

    (2) The acquisition of land or interests in land, or easement 

through or other interests in airspace; and

    (3) Any necessary administrative or other incidental costs incurred 

by the sponsor specifically in connection with the accomplishment of a 

project for airport development, that would not have been incurred 

otherwise.

    Public agency means--

    (1) A state, the Commonwealth of Puerto Rico, the Virgin Islands, 

American Samoa, the Trust Territory of the Pacific Islands, the 

Government of the Northern Marianas, Guam, or any agency of those 

entities;

    (2) A municipality or other political subdivision;

    (3) A tax-supported organization; or

    (4) An Indian tribe or pueblo.

    Public airport means any airport that--

    (1) Is used, or intended to be used, for public purposes;

    (2) Is under the control of a public agency; and

    (3) Has a property interest satisfactory to the Administrator in the 

landing area.

    Reliever airport means a general aviation airport designated by the 

Administrator as having the primary function of relieving congestion at 

an air carrier airport by diverting from that airport general aviation 

traffic.

    Runway clear zone means an area at ground level underlying a portion 

of the approach surface specified in the standards incorporated into 

this part by Sec. 152.11.

    Satisfactory property interest means--

    (1) Title free and clear of any reversionary interest, lien, 

easement, lease, or other encumbrance that, in the opinion of the 

Administrator would--

    (i) Create an undue risk that it might deprive the sponsor of 

possession or control;

    (ii) Interfere with the use of the airport for public airport 

purposes; or

    (iii) Make it impossible for the sponsor to carry out the agreements 

and convenants in its grant application;

    (2) Unless a shorter term is authorized by the Administrator, a 

lease of not less than 20 years granted to the sponsor by another public 

agency, or the United States, that has title as described in paragraph 

(1) of this definition, on terms that the Administrator considers 

satisfactory;

    (3) In the case of an off-airport area, title or an agreement, 

easement, leasehold or other right or property interest that, in the 

Administrator's opinion, provides reasonable assurance that the sponsor 

will not be deprived of its right to use the land for the intended 

purpose during the period necessary to meet the requirements of the 

grant agreement; or

    (4) In the case of a runway clear zone, an easement or a covenant 

running with the land, giving the airport operator or owner enough 

control to rid the



[[Page 128]]



clear zone of all airport hazards and prevent the creation of future 

airport hazards.

    Sponsor means any public agency that, whether individually or 

jointly with one or more other public agencies, submits to the 

Administrator, in accordance with this part, an application for 

financial assistance.

    Stage development means airport development accomplished under stage 

construction over not less than two years where the sponsor assures that 

any development not funded under the initial grant agreement will be 

completed with or without Federal funds.

    State means a State of the United States or the District of 

Columbia.

    Terminal development means airport development in the nonrevenue 

producing public-use areas which are associated with the terminal and 

which are directly related to the movement of passengers and baggage in 

air commerce within the boundaries of the airport, including, but not 

limited to, vehicles for the movement of passengers between terminal 

facilities and aircraft.

    Unified Planning Work Program means a single document prepared by a 

local areawide planning agency that identifies all transportation and 

related planning activities that will be undertaken within the 

metropolitan area during a one-year or two-year period.