14 CFR Part 151 — Federal Aid to Airports

Federal Aviation Administration, DOT Pt. 151

the operation of aircraft to reduce exposure

PART 151—FEDERAL AID TO

of individuals (or specific noise sensitive

AIRPORTS

areas) to noise in the area around the air- port.

Subpart A—General Requirements (5) The implementation of any restriction on the use of airport by any type or class of Sec.

aircraft based on the noise characteristics of 151.1 Applicability.

those aircraft. Such restrictions may in- 151.3 National Airport Plan.

clude, but are not limited to— 151.5 General policies.

(i) Denial of use of the airport to aircraft 151.7 Grants of funds: General policies.

types or classes which do not meet Federal 151.9 Runway clear zones: General.

noise standards; 151.11 Runway clear zones; requirements.

(ii) Capacity limitations based on the rel- 151.13 Federal-aid Airport Program: Policy ative noisiness of different types of aircraft; affecting landing aid requirements.

(iii) Requirement that aircraft using the 151.15 Federal-aid Airport Program: Policy airport must use noise abatement takeoff or affecting runway or taxiway remarking.

approach procedures previously approved as safe by the FAA; Subpart B—Rules and Procedures for (iv) Landing fees based on FAA certificated Airport Development Projects or estimated noise emission levels or on time of arrival; and 151.21 Procedures: Application; general in- (v) Partial or complete curfews. formation.

(6) Other actions or combinations of ac- 151.23 Procedures: Application; funding in- tions which would have a beneficial noise formation.

control or abatement impact on the public. 151.24 Procedures: Application; information on estimated project costs.

(7) Other actions recommended for analysis 151.25 Procedures: Application; information by the FAA for the specific airport.

as to property interests.

(c) For those alternatives selected for im- 151.26 Procedures: Applications; compatible plementation, the program must identify the land use information; consideration of agency or agencies responsible for such im- local community interest; relocation of plementation, whether those agencies have displaced persons.

agreed to the implementation, and the ap- 151.27 Procedures: Application, plans, speci- proximate schedule agreed upon.

fications, and appraisals.

Sec. B150.9 Equivalent programs. 151.29 Procedures: Offer, amendment, and acceptance.

(a) Notwithstanding any other provision of 151.31 Procedures: Grant agreement.

this part, noise compatibility programs pre- 151.33 Cosponsorship and agency.

pared in connection with studies which were 151.35 Airport development and facilities to either Federally funded or Federally ap- which subparts B and C apply.

proved and commenced before October 1, 151.37 Sponsor eligibility.

1981, are not required to be modified to con- 151.39 Project eligibility.

tain the following items: 151.41 Project costs.

(1) Flight tracks.

151.43 United States share of project costs.

(2) A noise contour of L 70 dB resulting dn 151.45 Performance of construction work: from aircraft operations and data related to General requirements.

the L 70 dB contour. When determinations dn 151.47 Performance of construction work: on land use compatibility using Table 1 of Letting of contracts.

appendix A differ between L 65–70 dB and dn 151.49 Performance of construction work: L 70–75 dB, the determinations should ei- dn Contract requirements.

ther use the more conservative L 70–75 dB dn 151.51 Performance of construction work: column or reflect determinations based on Sponsor force account.

local needs and values.

151.53 Performance of construction work: (3) The categorization of alternatives pur- Labor requirements.

suant to Sec. B150.7(a), although the persons 151.54 Equal employment opportunity re- responsible for implementation of each quirements: Before July 1, 1968.

measure in the program must still be identi- 151.54a Equal employment opportunity re- fied in accordance with § 150.23(e)(8).

quirements: After June 30, 1968.

(4) Use of ambient noise to determine land 151.55 Accounting and audit.

use compatibility.

151.57 Grant payments: General.

(b) Previously prepared noise compat- 151.59 Grant payments: Land acquisition.

ibility program documentation may be sup- 151.61 Grant payments: Partial.

plemented to include these and other pro- 151.63 Grant payments: Semifinal and final.

gram requirements which have not been ex- 151.65 Memoranda and hearings.

cepted. 151.67 Forms.

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14 CFR Ch. I (1–1–26 Edition) § 151.1 Subpart C—Project Programing Standards Federal Airport Act, as amended (49 U.S.C. 1101 et seq. ).

151.71 Applicability.

[Docket 1329, 27 FR 12349, Dec. 13, 1962] 151.72 Incorporation by reference of tech- nical guidelines in Advisory Circulars.

§ 151.3 National Airport Plan.

151.73 Land acquisition.

151.75 Preparation of site.

(a) Under the Federal Airport Act, 151.77 Runway paving: General rules.

the FAA prepares each year a ‘‘Na- 151.79 Runway paving: Second runway; wind tional Airport Plan’’ for developing conditions.

public airports in the United States, 151.80 Runway paving: Additional runway; Puerto Rico, the Virgin Islands, and other conditions.

Guam. In terms of general location and 151.81 Taxiway paving.

type of development, the National Air- 151.83 Aprons.

port Plan specifies the maximum lim- 151.85 Special treatment areas.

its of airport development that is nec- 151.86 Lighting and electrical work: Gen- essary to provide a system of public eral.

airports adequate to anticipate and 151.87 Lighting and electrical work: Stand- meet the needs of civil aeronautics.

ards.

(b) If, within the forecast period, an 151.89 Roads.

airport will have a substantial aero- 151.91 Removal of obstructions.

nautical necessity, it may be included 151.93 Buildings; utilities; sidewalks; park- ing areas; and landscaping. in the National Airport Plan. Only 151.95 Fences; distance markers; naviga- work on an airport included in the cur- tional and landing aids; and offsite work. rent Plan is eligible for inclusion in the 151.97 Maintenance and repair.

Federal-aid Airport Program to be un- 151.99 Modifications of programing stand- dertaken within currently available ap- ards.

propriations and authorizations. How- ever, the inclusion of an airport in the Subpart D—Rules and Procedures for Ad- National Airport Plan does not commit vance Planning and Engineering Pro- the United States to include it in the posals Federal-aid Airport Program. In addi- tion, the local community concerned is 151.111 Advance planning proposals: Gen- not required to proceed with planning eral.

or development of an airport included 151.113 Advance planning proposals: Sponsor in the National Airport Plan.

eligibility.

151.115 Advance planning proposals: Cospon- [Amdt. 151–8, 30 FR 8039, June 23, 1965] sorship and agency.

151.117 Advance planning proposals: Proce- § 151.5 General policies.

dures; application.

(a) Airport layout plan. As used in this 151.119 Advance planning proposals: Proce- dures; funding. part, ‘‘airport layout plan’’ means the 151.121 Procedures: Offer; sponsor assur- basic plan for the layout of an eligible ances.

airport that shows, as a minimum— 151.123 Procedures: Offer; amendment; ac- (1) The present boundaries of the air- ceptance; advance planning agreement.

port and of the offsite areas that the 151.125 Allowable advance planning costs.

sponsor owns or controls for airport 151.127 Accounting and audit.

purposes, and of their proposed addi- 151.129 Payments.

tions; 151.131 Forms.

(2) The location and nature of exist- A PPENDIXES A–I TO P ART 151 ing and proposed airport facilities (such as runways, taxiways, aprons, Subpart A—General Requirements terminal buildings, hangars, and roads) and of their proposed modifications and extensions; and A UTHORITY : 49 U.S.C. 106(g), 40113, 47151, (3) The location of existing and pro- 47153.

posed non-aviation areas, and of their § 151.1 Applicability. existing improvements.

This part prescribes the policies and All airport development under the Fed- procedures for administering the Fed- eral-aid Airport Program must be done eral-aid Airport Program under the in accordance with an approved airport VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00700 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.7 layout plan. Each airport layout plan, any airport that the sponsor owns or and any change in it, is subject to FAA controls.

approval. The Administrator’s signa- (1) Agreements with the United ture on the face of an original airport States to which this requirement of compliance applies include— layout plan, or of any change in it, in- dicates FAA approval. The FAA ap- (i) Any grant agreement made under proves an airport layout plan only if the Federal-aid Airport Program; the airport development is sound and (ii) Any covenant in a conveyance meets applicable requirements. under section 16 of the Federal Airport (b) Safe, useful, and usable unit. Ex- Act; cept as provided in paragraph (d) of (iii) Any covenant in a conveyance of surplus airport property either under this section, each advance planning section 13(g) of the Surplus Property and engineering proposal or airport de- Act (50 U.S.C. App. 1622(g)) or under velopment project must provide for the planning or development of— Regulation 16 of the War Assets Ad- (1) An airport or unit of an airport ministration; and that is safe, useful, and usable; or (iv) Any AP–4 agreement made under (2) An additional facility that in- the terminated Development Landing creases the safety, usefulness, or Areas National Defense Program and usability of an airport. the Development Civil Landing Areas (c) National defense needs. The needs Program.

of national defense are fully considered This requirement does not apply to as- in administering the Federal-aid Air- surances required under section 602 of port Program. However, approval of an the Civil Rights Act of 1964 (42 U.S.C.

advance planning and engineering pro- 2000d–1) and § 15.7 of the Federal Avia- posal or a project application is limited tion Regulations (14 CFR 15.7).

to planning or airport development (2) If it appears that a sponsor has necessary for civil aviation.

failed to comply with a requirement of (d) Stage development. In any case in an agreement with the United States which airport development can be ac- with respect to an airport, the FAA no- complished more economically under tifies him of this fact and affords him stage construction, federal funds may an opportunity to submit materials to be programmed in advance for the de- refute the allegation of noncompliance velopment over two or more years or to achieve compliance.

under two or more grant agreements.

(3) If a project is otherwise eligible In such a case, the FAA makes a ten- under the Federal-aid Airport Pro- tative allocation of funds for both the gram, a grant may be made to a spon- current and future fiscal years, rather sor who has not complied with an than allocating the entire federal share agreement if the sponsor shows— in one fiscal year. A grant agreement is (i) That the noncompliance is caused made only during the fiscal year in by factors beyond his control; or which funds are authorized to be obli- (ii) That the following circumstances gated. Advance planning and engineer- exist: ing grants are not made under this ( a ) The noncompliance consisted of a paragraph.

failure, through mistake or ignorance, [Amdt. 151–8, 30 FR 8039, June 23, 1965] to perform minor conditions in old agreements with the Federal Govern- § 151.7 Grants of funds: General poli- ment; and cies.

( b ) The sponsor is taking reasonable (a) Compliance with sponsorship re- action promptly to correct the defi- quirements. The FAA authorizes the ex- ciency or the deficiency relates to an penditure of funds under the Federal- obligation that is no longer required aid Airport Program for airport plan- for the safe and efficient use of the air- ning and engineering or for airport de- port under existing law and policy.

velopment only if the Administrator is (b) Small proposals and projects. Unless satisfied that the sponsor has met or there is otherwise a special need for will meet the requirements established U.S. participation, the FAA includes by existing and proposed agreements an advance planning and engineering with the United States with respect to proposal or an airport development VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00701 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.9 project in the Federal-aid Airport Pro- terest if it has an easement (or a cov- gram only if— enant running with the land) giving it (1) The advance planning and engi- enough control to rid the clear zone of neering proposal involves more than all obstructions (objects so far as they $1,000 in United States funds; and project above the approach surfaces es- tablished by § 77.27 (b) and (c) of part 77 (2) The project application involves of this chapter), and to prevent the cre- more than $5,000 in U.S. funds.

ation of future obstructions; together Whenever possible, the sponsor must with the right of entrance and exit for consolidate small projects on a single those purposes, to ensure the safe and airport in one grant agreement even unrestricted passage of aircraft in and though the airport development is to over the area.

be accomplished over a period of years.

(c) Previously obligated work. Unless [Docket 1329, 27 FR 12349, Dec. 13, 1962, as amended by Amdt. 151–7, 30 FR 7484, June 8, the Administrator specifically author- 1965; Amdt. 151–21, 33 FR 258, Jan. 9, 1968] izes it, no advance planning and engi- neering proposal or project application § 151.11 Runway clear zones; require- may include any planning, engineering, ments.

or construction work included in a (a) In projects involving grants-in-aid prior agreement with the United States under the Federal-aid Airport Pro- obligating the sponsor or any other gram, a sponsor must own, acquire, or non-U.S. public agency to do the work, agree to acquire an adequate property and entitling the sponsor or any other interest in runway clear zone areas as non-United States public agency to prescribed in paragraph (b), (c), (d), or payment of U.S. funds for all or part of (e) of this section, as applicable. Prop- the work.

erty interests that a sponsor acquires (Secs. 1–15, 17–21, 60 Stat. 170, 49 U.S.C. 1120) to meet the requirements of this sec- [Amdt. 151–8, 30 FR 8039, June 23, 1965, as tion are eligible for inclusion in the amended by Amdt. 151–17, 31 FR 16524, Dec.

Program.

28, 1966; Amdt. 151–19, 32 FR 9220, June 29, (b) On new airports, the sponsor must 1967] own, acquire, or agree to acquire ade- quate property interests in runway § 151.9 Runway clear zones: General.

clear zone areas (in connection with (a) Whenever funds are allocated for initial land acquisition) for all eligible developing new runways or landing runways or landing strips, without sub- strips, or to improve or repair existing stantial deviation from standard con- runways, the sponsor must own, ac- figuration and length.

quire, or agree to acquire, runway clear (c) On existing airports where new zones. Exceptions are considered (on runways or landing strips are devel- the basis of a full statement of facts by oped, the sponsor must own, acquire, or the sponsor) upon a showing of uneco- agree to acquire adequate property in- nomical acquisition costs, or lack of terests in runway clear zone areas for necessity for the acquisition. each runway and landing strip to be de- (b) For the purpose of this part, a veloped or extended, to the extent that runway clear zone is an area at ground the Administrator determines prac- level which begins at the end of each tical and feasible considering all facts primary surface defined in § 77.27(a) and presented by the airport owner or oper- extends with the width of each ap- ator, preferably without substantial proach surface defined in § 77.27 (b) and deviation from standard configuration (c), to terminate directly below each and length.

approach surface slope at the point, or (d) On existing airports where im- points, where the slope reaches a provements are made to runways or height of 50 feet above the elevation of landing strips, the sponsor must own, the runway or 50 feet above the terrain acquire, or agree to acquire adequate at the outer extremity of the clear property interests in runway clear zone zone, whichever distance is shorter. areas for each runway or landing strip (c) For the purposes of this section, that is to be improved to the extent an airport operator or owner is consid- that the Administrator determines is ered to have an adequate property in- practical and feasible with regard to VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00702 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.13 standard configuration, length, and formity to, standard configuration or property interests, considering all facts length of runway clear zones, or to de- presented by the airport owner or oper- termine the adequacy of property in- ator. Any development that improves a terests therein, is also exercised by Re- specific runway or landing strip is con- gional Directors.

sidered to be a runway improvement, [Docket 1329, 27 FR 12350, Dec. 13, 1962, as including runway lighting and the de- amended by Amdt. 151–22, 33 FR 8267, June 4, veloping or lighting of taxiways serv- 1968; Amdt. 151–25, 33 FR 14535, Sept. 27, 1968] ing a runway.

(e) On existing airports where sub- § 151.13 Federal-aid Airport Program: stantial improvements are made that Policy affecting landing aid re- quirements.

do not benefit a specific runway or landing strip, such as overall grading (a) Landing aid requirements. No or drainage, terminal area or building project for developing or improving an developments, the sponsor must own, airport may be approved for the Pro- acquire, or agree to acquire adequate gram unless it provides for acquiring or property interests in runway clear zone installing such of the following landing areas for the dominant runway or land- aids as the Administrator determines ing strip to the extent that the Admin- are needed for the safe and efficient use istrator determines is practical and of the airport by aircraft, considering feasible, with regard to standard con- the category of the airport and the figuration, length, and property inter- type and volume of traffic using it: ests, considering all facts presented by (1) Land needed for installing ap- the airport owner or operator.

proach lighting systems (ALS).

(f) If a sponsor or other public agency (2) In-runway lighting.

shows that it is legally able to prevent (3) High intensity runway lighting.

the future erection or creation of ob- (4) Runway distance markers.

structions in the runway clear zone For the purposes of this section ‘‘ap- area, and adopts protective measures proach lighting system (ALS)’’ is a to prohibit their future erection or cre- standard configuration of aeronautical ation, that showing is acceptable for ground lights in the approach area to a the purposes of paragraphs (d) and (e) runway or channel to assist a pilot in of this section in place of an adequate making an approach to the runway or property interest (except for rights re- channel.

quired for removing existing obstruc- (b) Specific landing aid requirements.

tions). In such a case, there must be an The landing aids set forth in para- agreement between the FAA and the graphs (a) (1) through (4) of this section sponsor for removing or marking or are required for the safe and efficient lighting (to be determined in each use of airports by aircraft in the fol- case) any existing obstruction to air lowing cases: navigation In each case, the sponsor must furnish information as to the spe- (1) Lands for installing approach cific height limitations established and lighting systems are required as part of as to the current and foreseeable future a project if the installing of the compo- use of the property to which they nents of the system on the airport is in apply. The information must include an approved FAA budget, unless the an acceptable legal opinion of the va- sponsor has already acquired the land lidity of the measures adopted, includ- necessary for the system or is other- ing a conclusion that the height limi- wise undertaking to acquire that land.

tations are not unreasonable in view of If the sponsor is otherwise undertaking current and foreseeable future use of to acquire the land, the grant agree- the property, and are a reasonable ex- ment for the project must obligate the ercise of the police power, together sponsor to complete the acquisition with the reasons or basis supporting within a time limit prescribed by the the opinion. Administrator. The Administrator im- (g) The authority exercised by the mediately notifies a sponsor when a Administrator under paragraphs (b), budget is approved providing for in- (c), (d), and (e) of this section to allow stalling an approach lighting system at a deviation from, or the extent of con- the airport concerned.

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14 CFR Ch. I (1–1–26 Edition) § 151.15 (2) In-runway lighting is required as (3) High intensity runway edge light- part of a project: ing on the designated instrument land- ing runway is required as a part of a (i) If the project includes: project whenever that runway is ( a ) Construction of a new runway equipped or programmed for the instal- designated by the FAA as an instru- lation of an ILS and high intensity ment landing runway for which the in- runway edge lights are not then in- stallation of an IFR precision approach stalled on the runway or included in system including ALS and ILS, has another project. A project for extend- been programmed by the FAA with ing a runway that has high intensity funds then available therefor; runway edge lights on the existing run- ( b ) An extension of 3,000 feet or more way requires, as a part of the project, (usable for landing purposes) of the ap- the extension of the high intensity run- proach end of a designated instrument way edge lights.

landing runway equipped, or programed (4) Runway distance markers whose by the FAA, with funds then available design standards have been approved therefor, to be equipped, with an IFR and published by the FAA are required precision approach system including as a part of a project on a case-by-case ALS and ILS; basis if, after reviewing the pertinent ( c ) Reconstruction of a designated in- facts and circumstances of the case, strument landing runway equipped, or the Administrator determines that programed by the FAA, with funds they are needed for the safe and effi- then available therefor, to be equipped cient use of the airport by aircraft.

with an IFR precision approach system including ALS and ILS, if the recon- [Docket 1329, 27 FR 12350, Dec. 13, 1962, as struction requires the closing of the amended by Amdt. 151–3, 28 FR 12613, Nov. 27, runway; or 1963; Amdt. 151–33, 34 FR 9708, June 21, 1969] ( d ) Any other airport development on § 151.15 Federal-aid Airport Program: an airport whose designated instru- Policy affecting runway or taxiway ment landing runway is equipped, or remarking.

programed by the FAA, with funds then available therefor, to be equipped No project for developing or improv- with an IFR precision approach system ing an airport may be approved for the including ALS and ILS; and Program unless it provides for runway or taxiway remarking if the present (ii) Only if a study of the airport marking is obliterated by construction, shows that in-runway lighting is re- alteration or repair work included in a quired for the safe and efficient use of FAAP project or by the required rout- the airport by aircraft, after the Ad- ing of construction equipment used ministrator considers the following: therein.

( a ) The type and volume of flight ac- tivity; [Amdt. 151–17, 31 FR 16524, Dec. 28, 1966] ( b ) Other existing or planned naviga- tional aids; Subpart B—Rules and Procedures ( c ) Airport environmental factors for Airport Development Projects such as local weather conditions and adjacent geographic profiles; A UTHORITY : 49 U.S.C. 106(g), 40113, 47151, ( d ) Approach and departure paths; 47153.

( e ) Effect on landing and takeoff minima; and S OURCE : Docket 1329, 27 FR 12351, Dec. 13, 1962, unless otherwise noted.

( f ) In the case of projects under para- graph (b)(2)(i)( d ) of this section, wheth- § 151.21 Procedures: Application; gen- er installing in-runway lighting re- eral information.

quires closing the runway for so long a time that the adverse effect on safety (a) An eligible sponsor that desires to of its closing would outweigh the con- obtain Federal aid for eligible airport tribution to safety that would be development must submit to the Area gained by the in-runway lights or Manager of the area in which the spon- whether it would unduly interfere with sor is located (hereinafter in this part the efficiency of aircraft operations. referred to as the ‘‘Area Manager’’), a VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00704 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.24 request on FAA Form 5100–3, accom- Form 1624 for further development of panied by— that airport.

(1) The sponsor’s written statement (49 U.S.C. 1120, 1655(c); sec. 6(c), Dept. of as to whether the proposed project in- Transportation Act; sec. 1.4(b)(1) of the regu- volves the displacement and relocation lations of the Office of the Secretary of Transportation; Federal Airport Act, as of persons residing on land physically amended) acquired or to be acquired for the [Docket 1329, 27 FR 12351, Dec. 13, 1962, as project development; and amended by Amdt. 151–11, 31 FR 6686, May 5, (2) The sponsor’s written assurance, 1966; Amdt. 151–32, 34 FR 9617, June 19, 1969; if the project involves displacement Amdt. 151–39, 35 FR 5536, Apr. 3, 1970] and relocation of such persons, that adequate replacement housing will be § 151.23 Procedures: Application; fund- available or provided for (built, if nec- ing information.

essary), without regard to their race, Each sponsor must state in its appli- color, religion, sex, or national origin, cation that it has on hand, or show before the execution of a grant agree- that it can obtain as needed, funds to ment for the project.

pay all estimated costs of the proposed (b) A proposed project is selected for project that are not borne by the inclusion in a program only if the spon- United States or by another sponsor. If sor has submitted a written assurance any of the funds are to be furnished to when required by paragraph (a)(2) of a sponsor, or used to pay project costs this section, or if the Administrator on behalf of a sponsor, by a State agen- has determined that the project does cy or any other public agency that is not involve the displacement and relo- not a sponsor of the project, that agen- cy may, instead of the sponsor, submit cation of persons residing on land to be evidence that the funds will be pro- physically acquired or to be acquired vided if the project is approved.

for the project development. If the Ad- ministrator selects a proposed project [Docket 1329, 27 FR 12351, Dec. 13, 1962, as for inclusion in a program, a tentative amended by Amdt. 151–34, 34 FR 12883, Aug. 8, allocation of funds is made for it and 1969] the sponsor is notified of the alloca- § 151.24 Procedures: Application; infor- tion. The tentative allocation may be mation on estimated project costs.

withdrawn if the sponsor fails to sub- (a) If any part of the estimated mit an acceptable project application project costs consists of the value of as provided in paragraph (c) of this sec- donated land, labor, materials, or tion or fails to proceed diligently with equipment, or of the value of a prop- the project, or if adequate replacement erty interest in land acquired at a cost housing is not available or provided for that (as represented by the sponsor) is in accordance with a written assurance not the actual cost or the amount of an when required by paragraph (a)(2) of award in eminent domain proceedings, this section.

the sponsor must so state in the appli- (c) As soon as practicable after re- cation, indicating the nature of the do- ceiving notice of the tentative alloca- nation or other transaction and the tion, the sponsor must submit a project value it places on it.

application on FAA Form 1624 to the (b) If, after the grant agreement is Area Manager, without changing the executed and before the final payment language of the form, unless the of the allowable project costs is made change is approved in advance by the under § 151.63, it appears that the spon- Administrator. In the case of a joint sor inadvertently or unknowingly project, each sponsor executes only failed to comply with paragraph (a) of those provisions of the project applica- this section as to any item, the Admin- tion that apply to it. A sponsor who istrator— has executed a grant agreement for a (1) Makes or obtains an appraisal of project for the development of an air- the item, and if the appraised value is port under the Program, may, in the less than the value placed on the item Administrator’s discretion, submit ad- in the project application, notifies the ditional project applications on FAA sponsor that it may, within a stated VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00705 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.25 time, ask in writing for reconsider- (2) A lease of not less than 20 years ation of the appraisal and submit granted to the sponsor by another pub- statements of pertinent facts and opin- lic agency that has title as described in ion; and paragraph (c)(1) of this section, on (2) Adjusts the U.S. share of the terms that the Administrator considers project costs to reflect any decrease in satisfactory; or value of the item below that stated in (3) In the case of an offsite area an the project application.

agreement, easement, leasehold, or other right or property interest that, [Amdt. 151–34, 34 FR 12883, Aug. 8, 1969] in the Administrator’s opinion, pro- vides reasonable assurance that the § 151.25 Procedures: Application; infor- mation as to property interests. sponsor will not be deprived of its right to use the land for the intended pur- (a) Each sponsor must state in its ap- pose during the period necessary to plication all of the property interests meet the requirements of the grant that he holds in the lands to be devel- agreement.

oped or used as part of, or in connec- (d) For the purposes of this section, tion with, the airport as it will be when the word ‘‘land’’ includes landing the project is completed. Each project areas, building areas, runway clear application contains a covenant on the zones, clearways and approach zones, part of the sponsor to acquire, before and areas required for offsite construc- starting construction work, or within a tion, entrance roads, drainage, protec- reasonable time if not needed for the construction, property interests satis- tion of approaches, installation of air factory to the Administrator in all the navigation facilities, or other airport lands in which it does not hold those purposes.

property interests at the time it sub- § 151.26 Procedures: Applications; mits the application. In the case of a compatible land use information; joint project, any one or more of the consideration of local community sponsors may hold or acquire the nec- interest; relocation of displaced essary property interests. In such a persons.

case, each sponsor may show on its ap- (a) Each sponsor must state in its ap- plication only those property interests plication the action that it has taken that it holds or is to acquire.

to restrict the use of land adjacent to (b) Each sponsor of a project must or in the immediate vicinity of the air- send with its application a property port to activities and purposes compat- map (designated as Exhibit A) or incor- ible with normal airport operations in- porate such a map by reference to one cluding landing and take-off of air- in a previous application that was ap- craft. The sponsor’s statement must in- proved. The sponsor must clearly iden- clude information on— tify on the map all property interests (1) Any property interests (such as required in paragraph (a) of this sec- airspace easements or title to airspace) tion, showing prior and proposed acqui- acquired by the sponsor to assure com- sitions for which United States aid is patible land use, or to protect or con- requested under the project.

trol aerial approaches; (c) For the purposes of paragraphs (a) and (b) of this section, the property in- (2) Any zoning laws enacted or in terest that the sponsor must have or force restricting the use of land adja- agree to obtain, is— cent to or in the vicinity of the airport, (1) Title free and clear of any rever- or assuring protection or control of sionary interest, lien, easement, lease, aerial approaches, whether or not en- or other encumbrance that, in the acted by the sponsor; and opinion of the Administrator, would (3) Any action taken by the sponsor create an undue risk that it might de- to induce the appropriate government prive the sponsor of possession or con- authority to enact zoning laws re- trol, interfere with its use for public stricting the use of land adjacent to or airport purposes, or make it impossible in the vicinity of the airport, or assur- for the sponsor to carry out the agree- ing protection or control of aerial ap- ments and covenants in the applica- proaches, when the sponsor lacks the tion; power to zone the land.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00706 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.29 (b) Each sponsor must submit with sponsor) is not the actual cost or the his application— amount of an award in eminent domain (1) A written statement— proceedings, the Administrator, before (i) Specifying what consideration has passing on the eligibility of the project been given to the interest of all com- makes or obtains an appraisal of the munities in or near which the project interest. If the appraised value is less is located; and than the value placed on the interest (ii) Containing the substance of any by the sponsor (§ 151.23), the Adminis- objection to, or approval of, the pro- trator notifies the sponsor that he may posed project made known to the spon- within a stated time, ask in writing for sor by any local individual, group or reconsideration of the appraisal and community; and submit statements of pertinent facts (2) A written statement showing that and opinion.

adequate replacement housing that is [Docket 1329, 27 FR 12351, Dec. 13, 1962, as open to all persons, regardless of race, amended by Amdt. 151–8, 30 FR 8039, June 23, color, religion, sex, or national origin, 1965; Amdt. 151–17, 31 FR 16524, Dec. 28, 1966] is available and has been offered on the same nondiscriminatory basis to per- § 151.29 Procedures: Offer, amend- sons who have resided on land phys- ment, and acceptance.

ically acquired or to be acquired for (a) Upon approving a project, the Ad- the project development and who will ministrator makes an offer to the spon- be displaced thereby.

sor to pay the United States share of [Amdt. 151–8, 30 FR 8039, June 23, 1965, as the allowable project costs. The offer amended by Amdt. 151–17, 31 FR 16524, Dec.

states a definite amount as the max- 28, 1966; Amdt. 151–39, 35 FR 5537, Apr. 3, 1970] imum obligation of the United States, § 151.27 Procedures: Application, and is subject to change or withdrawal plans, specifications, and apprais- by the Administrator, in his discretion, als.

at any time before it is accepted.

(a) Except as provided in paragraph (b) If, before the sponsor accepts the (b) of this section, each sponsor shall offer, it is determined that the max- incorporate by reference in its project imum obligation of the United States application the final plans and speci- stated in the offer is not enough to pay fications, describing the items of air- the United States share of the allow- port development for which it requests able project costs, the sponsor may re- United States aid. It must submit the quest an increase in the amount in the plans and specifications with the appli- offer, through the Area Manager.

cation unless they were previously sub- (c) An official of the sponsor must ac- mitted or are submitted with that of cept the offer for the sponsor within another sponsor of the project.

the time prescribed in the offer, and in (b) In special cases, the Adminis- the required number of counterparts, trator authorizes the postponement of by signing it in the space provided. The the submission of final plans and speci- signing official must have been author- fications until a later date to be speci- ized to sign the acceptance by a resolu- fied in the grant agreement, if the tion or ordinance adopted by the spon- sponsor has submitted— sor’s governing body. The resolution or (1) An airport layout plan approved ordinance must, as appropriate under by the Administrator; and the local law— (2) Preliminary plans and specifica- (1) Set forth the terms of the offer at tions in enough detail to identify all length; or items of development included in the (2) Have a copy of the offer attached project, and prepared so as to provide to the resolution or ordinance and in- for accomplishing the project in ac- corporated into it by reference.

cordance with the master plan layout, the rules in subparts B and C and appli- The sponsor must attach a certified cable local laws and regulations. copy of the resolution to each executed (c) If the project involves acquiring a copy of an accepted offer or grant property interest in land by donation, agreement that it is required to send to or at a cost that (as represented by the the Area Manager.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00707 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.31 become a sponsor or an agent of the § 151.31 Procedures: Grant agreement.

sponsor, as provided in this section.

(a) An offer by the Administrator, However, any funds that it contributes and acceptance by the sponsor, as set are considered as funds of the sponsor forth in § 151.29, constitute a grant for the purposes of the Federal Airport agreement between the sponsor and the Act and this part.

United States. Except as provided in (c) If the sponsors of a joint project § 151.41(c)(3), the United States does not are not each willing to assume, jointly pay, and is not obligated to pay, any and severally, the obligations that sub- part of the project costs that have been parts B and C requires a sponsor to as- or may be incurred, before the grant sume, they must send a true copy of an agreement is executed.

agreement between them, satisfactory (b) The Administrator and the spon- to the Administrator, to be incor- sor may agree to a change in a grant porated into the grant agreement.

agreement if— Each agreement must state— (1) The change does not increase the (1) The responsibilities of each spon- maximum obligation of the United sor to the others with respect to ac- States under the grant agreement by complishing the proposed development more than 10 percent; and operating and maintaining the air- (2) The change provides only for air- port; port development that meets the re- (2) The obligations that each will as- quirements of subparts B and C; and sume to the United States; and (3) The change does not prejudice the interests of the United States. (3) The name of the sponsor or spon- (c) When a change is agreed to, the sors who will accept, receipt for, and Administrator issues a supplemental disburse grant payments.

agreement incorporating the change.

If an offer is made to the sponsors of a The sponsor must accept the supple- joint project, as provided in § 151.29, it mental agreement in the manner pro- contains a specific condition that it is vided in § 151.29(c).

made in accordance with the agree- ment between the sponsors (and the [Docket 1329, 27 FR 12351, Dec. 13, 1962, as agreement is incorporated therein by amended by Amdt. 151–8, 30 FR 8040, June 23, 1965] reference) and that, by accepting the offer, each sponsor assumes only its re- § 151.33 Cosponsorship and agency.

spective obligations as set forth in the agreement.

(a) Any two or more public agencies (d) A public agency may, if it is au- that desire to participate either in ac- thorized by local law, act as agent of complishing development under a the public agency that is to own and project or in maintaining or operating operate the airport, with or without the airport, may cosponsor it if they participating financially and without meet the requirements of subparts B becoming a sponsor. The terms and and C, including— conditions of the agency and the (1) The eligibility requirements of agent’s authority to act for the sponsor § 151.37; and must be set forth in an agency agree- (2) The submission of a single project ment that is satisfactory to the Ad- application, executed by each sponsor, ministrator. The sponsor must submit clearly stating the certifications, rep- a true copy of the agreement with the resentations, warranties, and obliga- project application. Such an agent may tions made or assumed by each, or a accept, on behalf of the sponsor, an separate application by each that does offer made under § 151.29, only if that not meet all the requirements of sub- acceptance has been specifically and le- parts B and C if in the Administrator’s gally authorized by the sponsor’s gov- opinion, the applications collectively erning body and the authority is spe- meet the requirements of subparts B cifically set forth in the agency agree- and C as applied to a project with a sin- ment.

gle sponsor.

(b) A public agency that desires to (e) When the cosponsors of an airport participate in a project only by con- are not located in the same area, they tributing funds to a sponsor need not must submit a joint request to the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00708 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.39 Area Manager of the area in which the § 151.37 Sponsor eligibility.

airport development will be located.

To be eligible to apply for an indi- [Docket 1329, 27 FR 12351, Dec. 13, 1962, as vidual or joint project for development amended by Amdt. 151–8, 30 FR 8040, June 23, with respect to a particular airport a 1965; Amdt. 151–11, 31 FR 6686, May 5, 1966] sponsor must— (a) Be a public agency, which in- § 151.35 Airport development and fa- cilities to which subparts B and C cludes for the purposes of this part apply.

only, a State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam (a) Subparts B and C applies to the or an agency of any of them; a munici- following kinds of airport development: (1) Any work involved in con- pality or other political subdivision; a structing, improving, or repairing a tax-supported organization; or the public airport or part thereof, includ- United States or an agency thereof; ing the constructing, altering, or re- (b) Be legally, financially, and other- pairing of only those buildings or parts wise able to— thereof that are intended to house fa- (1) Make the certifications, represen- cilities or activities directly related to tations, and warranties in the applica- the safety of persons at the airport.

tion form prescribed in § 151.67(a); (2) Removing, lowering, relocating, (2) Make, keep, and perform the as- marking, and lighting of airport haz- surances, agreements, and covenants in ards as defined in § 151.39(b).

that form; and (3) Acquiring land or an interest (3) Meet the other applicable require- therein, or any easement through or ments of the Federal Airport Act and other interest in air space, that is nec- subparts B and C; essary to allow any work covered by (c) Have, or be able to obtain, enough paragraph (a)(1) or (2) of this section, or to remove or mitigate, or prevent or funds to meet the requirements of limit the establishment of, airport haz- § 151.23; and ards as defined in § 151.39(b).

(d) Have, or be able to obtain, prop- It does not apply to the constructing, erty interests that meet the require- altering, or repair of airport hangars or ments of § 151.25(a).

public parking facilities for passenger For the purpose of paragraph (a) of this automobiles.

section, the United States, or an agen- (b) The airport facilities to which cy thereof, is not eligible for a project subparts B and C applies are those under subparts B and C, unless the structures, runways, or other items, on project— or at an airport, that are— (1) Is located in Puerto Rico, the Vir- (1) Used or intended to be used, in gin Islands, or Guam; connection with the landing, takeoff, (2) Is in or is in close proximity to a or maneuvering of aircraft, or for or in connection with operating and main- national park, a national recreation taining the airport itself; or area, or a national monument; or (2) Required to be located at the air- (3) Is in a national forest or a special port for use by the users of its aero- reservation for United States purposes.

nautical facilities or by airport opera- [Docket 1329, 27 FR 12351, Dec. 13, 1962, as tors, concessionaires, and other users amended by Amdt. 151–8, 30 FR 8040, June 23, of the airport in connection with pro- 1965] viding services or commodities to the users of those aeronautical facilities.

§ 151.39 Project eligibility.

(c) For the purposes of subparts B (a) A project for construction or land and C, ‘‘public airport’’ means an air- acquisition may not be approved under port used for public purposes, under the control of a public agency named in subparts B and C unless— § 151.37(a), with a publicly owned land- (1) It is an item of airport develop- ing area.

ment described in § 151.35(a); (2) The airport development is within [Docket 1329, 27 FR 12351, Dec. 13, 1962, as the scope of the current National Air- amended by Amdt. 151–8, 30 FR 8040, June 23, 1965] port Plan; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00709 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.39 (3) The airport development is, in the (ii) Applying bituminous surface opinion of the Administrator, reason- treatment on a pavement (in accord- ably necessary to provide a needed ance with FAA Specification P–609), civil airport facility; the existing surface of which consists of that kind of surface treatment; and (4) The Administrator is satisfied (iii) Resealing a runway that has that the project is reasonably con- been substantially extended or par- sistent with existing plans of public tially reconstructed, if that resealing agencies for the development of the is necessary for the uniform color and area in which the airport is located and appearance of the runway.

will contribute to the accomplishment of the purposes of the Federal-aid Air- (6) Fencing, erosion control, seeding port Program; and sodding of an airport or airport site.

(5) The Administrator is satisfied, (7) Installing, altering, or repairing after considering the pertinent infor- airport markers and runway, taxiway mation including the sponsor’s state- and apron lighting facilities and equip- ments required by § 151.26(b), that— ment.

(i) Fair consideration has been given (8) Constructing, altering, or repair- to the interest of all communities in or ing entrance roads and airport service near which the project is located; and roads.

(ii) Adequate replacement housing (9) Constructing, installing, or con- that is open to all persons, regardless necting utilities, either on or off the of race, color, religion, sex, or national airport or airport site.

origin, is available and has been offered (10) Removing, lowering, relocating on the same nondiscriminatory basis to marking, or lighting any airport haz- persons who have resided on land phys- ard.

ically acquired or to be acquired for (11) Clearing, grading, and filling to the project development and have been allow the installing of landing aids.

or will be displaced thereby; (12) Relocating structures, roads, and (6) The project provides for installing utilities necessary to allow eligible air- such of the landing aids specified in port development.

section 10(d) of the Federal Airport Act (13) Acquiring land or an interest (49 U.S.C. 1109(d)) as the Administrator therein, or any easement through or considers are needed for the safe and other interest in airspace, when nec- efficient use of the airport by aircraft, essary to— based on the category of the airport (i) Allow other airport development and the type and volume of its traffic.

to be made, whether or not a part of (b) Only the following kinds of air- the Federal-aid Airport Program; port development described in (ii) Prevent or limit the establish- § 151.35(a) are eligible to be included in ment of airport hazards; a project under subparts B and C: (iii) Allow the removal, lowering, re- (1) Preparing all or part of an airport location, marking, and lighting of ex- site, including clearing, grubbing fill- isting airport hazards; ing and grading.

(iv) Allow the installing of landing (2) Dredging of seaplane anchorages aids; or and channels.

(v) Allow the proper use, operation, (3) Drainage work, on or off the air- maintenance, and management of the port or airport site.

airport as a public facility.

(4) Constructing, altering, or repair- (14) Any other airport development ing airport buildings or parts thereof described in § 151.35(a) that is specifi- to the extent that it is covered by cally approved by the Administrator.

§ 151.35(a).

(5) Constructing, altering, or repair- For the purposes of paragraph (b)(10) of ing runways, taxiways, and aprons, in- this section, an airport hazard is any cluding— structure or object of natural growth (i) Bituminous resurfacing of pave- located on or in the vicinity of a public ments with a minimum of 100 pounds of airport, or any use of land in the vicin- plant-mixed material for each square ity of the airport, that obstructs the yard; airspace needed for the landing or VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00710 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.41 takeoff of aircraft or is otherwise haz- (2) That part of the cost of acquiring ardous to the landing or takeoff of air- an existing private airport that rep- craft. For the purposes of paragraph resents the cost of acquiring passenger (b)(13) of this section, land acquisition automobile parking facilities, build- includes the acquiring of land that is ings to be used as hangars, living quar- already developed as a private airport ters, or for nonairport purposes, at the and the structures, fixtures, and im- airport, and those buildings or parts of provements that are a part of realty buildings the construction of which is (other than hangars, other ineligible not airport development within the structures and parts thereof, fixtures, meaning of § 151.35(a); and improvements). (3) The cost of materials and supplies (c) A project for acquiring land that owned by the sponsor or furnished from has been or will be donated to the spon- a source of supply owned by the spon- sor is not eligible for inclusion in the sor if— Federal-aid Airport Program, unless (i) Those materials and supplies were the project also includes other items of used for airport development before the airport development that would require grant agreement was executed; or a sponsor’s contribution equal to or (ii) The cost is not supported by prop- more than the United States share of er evidence of quantity and value; the value of the donated land as ap- (4) The cost of nonexpendable ma- praised by the Administrator. chinery, tools, or equipment owned by the sponsor and used under a project by [Docket 1329, 27 FR 12351, Dec. 13, 1962, as the sponsors force account, except to amended by Amdt. 151–8, 30 FR 8040, June 23, the extent of the fair rental value of 1965; Amdt. 151–17, 31 FR 16524, Dec. 28, 1966; that machinery, tools, or equipment Amdt. 151–37, 35 FR 5112, Mar. 26, 1970; Amdt.

151–39, 35 FR 5537, Apr. 3, 1970] for the period it is used on the project; (5) The costs of general area, urban, § 151.41 Project costs.

or statewide planning of airports, as distinguished from planning a specific (a) For the purposes of subparts B project; and C, project costs consist of any (6) The value of any land, including costs involved in accomplishing a improvements, donated to the sponsor project, including those of— (1) Making field surveys; by another public agency; and (2) Preparing plans and specifica- (7) Any costs incurred in connection tions; with raising funds by the sponsor, in- (3) Accomplishing or procuring the cluding interest and premium charges accomplishing of the work; and administrative expenses involved (4) Supervising and inspecting con- in conducting bond elections and in the struction work; sale of bonds.

(5) Acquiring land, or an interest (c) To be an allowable project cost, therein, or any casement through or for the purposes of computing the other interest in airspace; and amount of a grant, an item that is paid (6) Administrative and other inci- or incurred must, in the opinion of the dental costs incurred specifically in Administrator— connection with accomplishing a (1) Have been necessary to accom- project, and that would not have other- plish airport development in con- wise been incurred. formity with the approved plans and (b) The costs described in paragraph specifications for an approved project (a) of this section, including the value and with the terms of the grant agree- of land, labor, materials, and equip- ment for the project; ment donated or loaned to the sponsor (2) Be reasonable in amount (or be and appropriated to the project by the subject to partial disallowance under sponsor, are eligible for consideration section 13(a)(3) of the Federal Airport as to their allowability, except for— Act (49 U.S.C. 1112(a)(3)); (1) That part of the cost of rehabilita- (3) Have been incurred after the date tion or repair for which funds have the grant agreement was executed, ex- been appropriated under section 17 of cept that costs of land acquisition, the Federal Airport Act (49 U.S.C. field surveys, planning, preparing plans 1116); and specifications, and administrative VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00711 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.43 and incidental costs, may be allowed (3) The costs of installing runway dis- even though they were incurred before tance markers.

that date, if they were incurred after (4) The costs of acquiring land, or a May 13, 1946; and suitable property interest in land or in (4) Be supported by satisfactory evi- or over water, needed for installing op- dence. erating, and maintaining an ALS (as described in § 151.13).

[Docket 1329, 27 FR 12351, Dec. 13, 1962, as (5) The costs of any project in the amended by Amdt. 151–8, 30 FR 8040, June 23, Virgin Islands.

1965; Amdt. 151–14, 31 FR 11747, Sept. 8, 1966] [Docket 1329, 27 FR 12351, Dec. 13, 1962, as § 151.43 United States share of project amended by Amdt. 151–17, 31 FR 16524, Dec.

costs.

28, 1966; Amdt. 151–20, 32 FR 17471; Dec. 6, 1967; Amdt. 151–35, 34 FR 13699, Aug. 27, 1969; (a) The United States share of the al- Amdt. 151–36, 34 FR 19501 Dec. 10, 1969] lowable costs of a project is stated in the grant agreement for the project, to § 151.45 Performance of construction be paid from appropriations made work: General requirements.

under the Federal Airport Act.

(a) All construction work under a (b) Except as provided in paragraphs project must be performed under con- (c) and (d) of this section and in sub- tract, except in a case where the Ad- part C of this part, the United States ministrator determines that the share of the costs of an approved project, or a part of it, can be more ef- project for airport development (re- fectively and economically accom- gardless of its size or location) is 50 plished on a force account basis by the percent of the allowable costs of the sponsor or by another public agency project.

acting for or as agent of the sponsor.

(c) The U.S. share of the costs of an (b) Each contract under a project approved project for airport develop- must meet the requirements of local ment in a State in which the unappro- law.

priated and unreserved public lands (c) No sponsor may issue any change and nontaxable Indian lands (indi- order under any of its construction vidual and tribal) is more than 5 per- contracts or enter into a supplemental cent of its total land, is the percentage agreement unless three copies of that set forth in the following table: order or agreement have been sent to State Percent and approved by the Area Manager.

§§ 151.47 and 151.49 apply to supple- Alaska ...................................................................... 62.50 mental agreements as well as to origi- Arizona ..................................................................... 60.80 California .................................................................. 53.72 nal contracts.

Colorado .................................................................. 52.98 (d) This section and §§ 151.47 through Idaho ........................................................................ 55.80 151.49 do not apply to contracts with Montana ................................................................... 52.99 the owners of airport hazards, (as de- Nevada .................................................................... 62.50 New Mexico ............................................................. 56.14 scribed in § 151.39(b)), buildings, pipe Oregon ..................................................................... 55.64 lines, power lines, or other structures South Dakota ........................................................... 52.53 or facilities, for installing, extending, Utah ......................................................................... 60.65 changing, removing, or relocating that Washington .............................................................. 51.53 Wyoming .................................................................. 56.33 structure or facility. However, the sponsor must obtain the approval of (d) The United States share of the the Area Manager before entering into costs of an approved project, rep- such a contract.

resenting the costs of any of the fol- (e) No sponsor may allow a con- lowing, is 75 percent: tractor or subcontractor to begin work (1) The costs of installing high inten- under a project until— sity runway edge lighting on a des- (1) The sponsor has furnished three ignated instrument landing runway or conformed copies of the contract to the other runway with an approved Area Manager; and straight-in approach procedure. (2) The Area Manager agrees to the (2) The costs of installing in-runway issuance of a notice to proceed with the lighting (touchdown zone lighting sys- work to the contractor. However, the tem, and centerline lighting system). Area Manager does not agree to the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00712 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.47 issuance of such a notice unless he is may be no advertisement for bids or satisfied that adequate replacement negotiation until the Administrator housing is available and has been of- has given the sponsor a copy of a deci- fered to affected persons, as required sion of the Secretary of Labor estab- for project eligibility by § 151.39(a)(5). lishing the minimum wage rates for (f) Except when the Area Manager de- skilled and unskilled labor under the termines that the sponsor has pre- proposed contract. In each case, a copy viously demonstrated satisfactory en- of the wage determination decision gineering and construction supervision must be set forth in the initial invita- and inspection, no sponsor may allow a tion for bids or proposed contract or in- contractor or subcontractor to begin corporated therein by reference to a work, nor may the sponsor begin force copy set forth in the advertised or ne- account work, until the sponsor has gotiated specifications.

notified the Area Manager in writing (c) Procedure for the Secretary of La- that engineering and construction su- bor’s wage determinations. At least 60 pervision and inspection have been ar- days before the intended date of adver- ranged to insure that construction will tising or negotiating under paragraph conform to FAA approved plans and (b) of this section, the sponsor shall specifications, and that the sponsor has send to the Area Manager, completed caused a review to be made of the Department of Labor Form DB–11, with qualifications of personnel who will be only the classifications needed in the performing such supervision and in- performance of the work checked. Gen- spection and is satisfied that they are eral entries (such as ‘‘entire schedule’’ qualified to do so.

or ‘‘all applicable classifications’’) may not be used. Additional necessary clas- [Docket 1329, 27 FR 12351, Dec. 13, 1962, as sifications not on the form may be amended by Amdt. 151–31, 34 FR 4885, Mar. 6, typed in the blank spaces or on an at- 1969; Amdt. 151–39, 35 FR 5537, Apr. 3, 1970] tached separate list. A classification § 151.47 Performance of construction that can be fitted into classifications work: Letting of contracts.

on the form, or a classification that is (a) Advertising required; exceptions. not generally recognized in the area or Unless the Administrator approves an- in the industry, may not be used. Ex- other method for use on a particular cept in areas where the wage patterns airport development project, each con- are clearly established, the Form must tract for construction work on a be accompanied by any available perti- project in the amount of more than nent wage payment or locally pre- $2,000 must be awarded on the basis of vailing fringe benefit information.

public advertising and open competi- (d) Use and effectiveness of the Sec- tive bidding under the local law appli- retary of Labor’s wage determinations. (1) cable to the letting of public contracts. Wage determinations are effective only Any oral or written agreement or un- for 120 days from the date of the deter- derstanding between a sponsor and an- minations. If it appears that a deter- other public agency that is not a spon- mination may expire between bid open- sor of the project, under which that ing and award, the sponsor shall so ad- public agency undertakes construction vise the FAA as soon as possible. If he work for or as agent of the sponsor, is wishes a new request for wage deter- not considered to be a construction mination to be made and if any perti- contract for the purposes of this sec- nent circumstances have changed, he tion, or §§ 151.45, 151.49, and 151.51. shall submit a new Form DB–11 and ac- (b) Advertisement; conditions and con- companying information. If he claims tents. There may be no advertisement that the determination expires before for bids on, or negotiation of, a con- award and after bid opening due to un- struction contract until the Adminis- avoidable circumstances, he shall sub- trator has approved the plans and spec- mit proof of the facts which he claims ifications. The advertisement shall in- support a finding to that effect.

form the bidders of the contract and re- (2) The Secretary of Labor may mod- porting provisions required by § 151.54. ify any wage determination before the Unless the estimated contract price or award of the contract or contracts for construction cost is $2,000 or less, there which it was sought. If the proposed VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00713 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.49 contract is awarded on the basis of sponsor entering into a construction public advertisement and open com- contract for an airport development petitive bidding, any modification that project shall insert in the contract the the FAA receives less than 10 days be- provisions required by the Secretary of fore the opening of bids is not effective, Labor, as set forth in appendix H of unless the Administrator finds that this part. The Director, Airports Serv- there is reasonable time to notify bid- ice, may amend any provision in appen- ders. A modification may not continue dix H from time to time to accord with in effect beyond the effective period of rule-making action of the Secretary of the wage determination to which it re- Labor. The provisions in the following lates. The Administrator sends any paragraphs also must be inserted in the modification to the sponsor as soon as contract: possible. If the modification is effec- (1) Federal Aid to Airport Program tive, it must be incorporated in the in- Project. The work in this contract is in- vitation for bids, by issuing an adden- cluded in Federal-aid Airport Project dum to the specifications or otherwise.

No. __ , which is being undertaken and (e) Requirements for awarding construc- accomplished by the [insert sponsor’s tion contracts. A sponsor may not award name] in accordance with the terms a construction contract without the and conditions of a grant agreement written concurrence of the Adminis- between the [insert sponsor’s name] trator (through the Area Manager) and the United States, under the Fed- that the contract prices are reasonable and that the contract conforms to the eral Airport Act (49 U.S.C. 1101) and sponsor’s grant agreement with the part 151 of the Federal Aviation Regu- United States. A sponsor that awards lations (14 CFR part 151), pursuant to contracts on the basis of public adver- which the United States has agreed to tising and open competitive bidding, pay a certain percentage of the costs of shall, after the bids are opened, send a the project that are determined to be tabulation of the bids and its rec- allowable project costs under that Act.

ommendations for award to the Area The United States is not a party to this Manager. The allowable project costs contract and no reference in this con- of the work, on which the Federal par- tract to the FAA or any representative ticipation is computed, may not be thereof, or to any rights granted to the more than the bid of the lowest respon- FAA or any representative thereof, or sible bidder. The sponsor may not ac- the United States, by the contract, cept a bid by a contractor whose name makes the United States a party to appears on the current list of ineligible this contract.

contractors published by the Comp- (2) Consent to assignment. The con- troller General of the United States tractor shall obtain the prior written under § 5.6(b) of Title 29 of the regula- consent of the [insert sponsor’s name] tions of the Secretary of Labor (29 CFR to any proposed assignment of any in- part 5), or a bid by any firm, corpora- terest in or part of this contract.

tion, partnership, or association in (3) Convict labor. No convict labor which that contractor has a substan- may be employed under this contract.

tial interest.

(f) Secretary of Labor’s interpretations (4) Veterans’ preference. In the em- apply. Where applicable by their terms, ployment of labor (except in executive, the regulations of the Secretary of administrative, and supervisory posi- Labor (29 CFR 5.20–5.32) interpreting tions), preference shall be given to the fringe benefit provisions of the qualified individuals who have served Davis-Bacon Act apply to this section.

in the military service of the United States (as defined in section 101(1) of [Amdt. 151–6, 29 FR 18001, Dec. 18, 1964] the Soldiers’ and Sailors’ Civil Relief § 151.49 Performance of construction Act of 1940) and have been honorably work: Contract requirements.

discharged from that service, except that preference may be given only (a) Contract provisions. In addition to any other provisions necessary to en- where that labor is available locally sure completion of the work in accord- and is qualified to perform the work to ance with the grant agreement, each which the employment relates.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00714 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.51 (5) Withholding: Sponsor from con- Contract Work Hours Standards Act is tractor. Whether or not payments or ad- incorrect or that he violated inadvert- vances to the [insert sponsor’s name] ently the Contract Work Hours Stand- are withheld or suspended by the FAA, ards Act notwithstanding the exercise the [insert sponsor’s name] may with- of due care, may— hold or cause to be withheld from the (1) If the amount determined is more contractor so much of the accrued pay- than $100, apply to the Administrator ments or advances as may be consid- for a recommendation to the Secretary ered necessary to pay laborers and me- of Labor that an appropriate adjust- chanics employed by the contractor or ment be made or that he be relieved of any subcontractor on the work the full liability for such liquidated damages; amount of wages required by this con- or tract.

(2) If the amount determined is $100 (6) Nonpayment of wages. If the con- or less, apply to the Administrator for tractor or subcontractor fails to pay an appropriate adjustment in liq- any laborer or mechanic employed or uidated damages or for release from li- working on the site of the work any of ability for the liquidated damages.

the wages required by this contract the (d) Corrected wage determinations. The [insert sponsor’s name] may, after Secretary of Labor corrects any wage written notice to the contractor, take such action as may be necessary to determination included in any contract cause the suspension of any further under this section whenever the wage payment or advance of funds until the determination contains clerical errors.

violations cease.

A correction may be made at the Ad- (7) FAA inspection and review. The ministrator’s request or on the initia- contractor shall allow any authorized tive of the Secretary of Labor.

representative of the FAA to inspect (e) Secretary of Labor’s interpretations and review any work or materials used apply. Where applicable by their terms, in the performance of this contract.

the regulations of the Secretary of (8) Subcontracts. The contractor shall Labor (29 CFR 5.20–5.32) interpreting insert in each of his subcontracts the the ‘‘fringe benefit provisions’’ of the provisions contained in paragraphs [in- Davis-Bacon Act apply to the contract sert designations of 6 paragraphs of provisions in appendix H, and to this contract corresponding to paragraphs section.

(1), (3), (4), (5), (6) and (7) of this para- graph], and also a clause requiring the [Amdt. 151–6, 29 FR 18001, Dec. 18, 1964, as subcontractors to include these provi- amended by Amdt. 151–7, 30 FR 7484, June 6, sions in any lower tier subcontracts 1965] which they may enter into, together § 151.51 Performance of construction with a clause requiring this insertion work: Sponsor force account.

in any further subcontracts that may in turn be made.

(a) Before undertaking any force ac- (9) Contract termination. A breach of count construction work, the sponsor paragraphs [insert designation of 3 (or any public agency acting as agent paragraphs corresponding to para- for the sponsor) must obtain the writ- graphs (6), (7) and (8) of this paragraph] ten consent of the Administrator may be grounds for termination of the through the Area Manager. In request- contract.

ing that consent, the sponsor must sub- (b) Exemption of certain contracts. Ap- mit— pendix H to this part and paragraph (1) Adequate plans and specifications (a)(5) of this section do not apply to showing the nature and extent of the prime contracts of $2,000 or less.

construction work to be performed (c) Adjustment in liquidated damages. A under that force account; contractor or subcontractor who has (2) A schedule of the proposed con- become liable for liquidated damages struction and of the construction under paragraph G of appendix H and equipment that will be available for who claims that the amount adminis- tratively determined as liquidated the project; damages under section 104(a) of the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00715 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.53 (3) Assurance that adequate labor, (d) Keep the Area Manager fully ad- material, equipment, engineering per- vised of all examinations and inves- sonnel, as well as supervisory and in- tigations made under this section, all spection personnel as required by determinations made on the basis of § 151.45(f), will be provided; and those examinations and investigations, and all efforts made to obtain compli- (4) A detailed estimate of the cost of ance with the labor provisions of the the work, broken down for each class of contract.

costs involved, such as labor, mate- rials, rental of equipment, and other For the purposes of paragraph (c) of pertinent items of cost.

this section, the sponsor shall give pri- (b) [Reserved] ority to complaints of alleged viola- tions, and shall treat as confidential [Docket 1329, 27 FR 12351, Dec. 13, 1962, as any written or oral statements made amended by Amdt. 151–17, 31 FR 16525, Dec.

by any employee. The sponsor may not 28, 1966; Amdt. 151–31, 34 FR 4885, Mar. 6, 1969] disclose an employee’s statement to a contractor without the employee’s con- § 151.53 Performance of construction sent.

work: Labor requirements.

A sponsor who is required to include § 151.54 Equal employment oppor- in a construction contract the labor tunity requirements: Before July 1, provisions required by § 151.49 shall re- 1968.

quire the contractor to comply with In conformity with Executive Order those provisions and shall cooperate 11246 of September 24, 1965 (30 FR 12319, with the FAA in effecting that compli- 3 CFR, 1965 Supp., p. 167) the regula- ance. For this purpose the sponsor tions of the former President’s Com- shall— mittee on Equal Employment Oppor- (a) Keep, and preserve, for a three- tunity, 41 CFR part 60–1 (28 FR 9812, year period beginning on the date the 11305), as adopted ‘‘to the extent not in- contract is completed, each affidavit consistent with Executive Order 11246’’ and payroll copy furnished by the con- by the Secretary of Labor (‘‘Transfer of tractor, and make those affidavits and Functions,’’ Oct. 19, 1965, 30 FR 13441), copies available to the FAA, upon re- are incorporated by reference into sub- quest, during that period; parts B and C of this part as set forth (b) Have each of those affidavits and below. They are referred to in this sec- payrolls examined by its resident engi- tion by section numbers of part 60–1 of neer (or any other of its employees or title 41.

agents who are qualified to make the (a) Equal employment opportunity re- necessary determinations), as soon as quirements. There are hereby incor- possible after receiving it, to the ex- porated by reference into subparts B tent necessary to determine whether and C, as requirements, the provisions the contractor is complying with the of § 60–1.3(b)(1). The FAA is primarily labor provisions required by § 151.49 and responsible for the sponsor’s compli- particularly with respect to whether ance.

the contractor’s employees are cor- (b) Equal employment opportunity re- rectly classified; quirements in construction contracts. The (c) Have investigations made during sponsor shall cause the ‘‘equal oppor- the performance of work under the con- tunity clause’’ in § 60–1.3(b)(1) to be in- tract, to the extent necessary to deter- corporated into all prime contracts and mine whether the contractor is com- subcontracts as required by § 60–1.3(c).

plying with those labor provisions, par- (c) Reporting requirements for contrac- ticularly with respect to whether the tors and subcontractors. The sponsor contractor’s employees are correctly shall cause the filing of compliance re- classified, including in the investiga- ports by contractors and subcontrac- tions, interviews with employees and tors as provided in § 60–1.6(a) and the examinations of payroll information at furnishing of such other information as the work site by the sponsor’s resident may be required under that provision.

engineer (or any other of its employees (d) Bidders’ reports. (1) The sponsor or agents who are qualified to make shall include in his invitations for bids the necessary determinations); and or negotiations for contracts, and shall VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00716 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.55 require his contractors to include in ployment, and the term ‘‘administering their invitations for bids or negotia- agency’’ therein means the FAA.

tions for subcontracts, the following (h) Applicability to existing agreements provisions based on § 60–1.6(b)(1): and contracts. This section applies to grant agreements made after December Each bidder, prospective contractor or pro- 20, 1964, and before July 1, 1968. Except posed subcontractor shall state as an initial as provided in § 151.54A(b), it applies to part of the bid or negotiations of the con- contracts and subcontracts as defined tract whether he has participated in any pre- vious contract or subcontract subject to the in § 60–1.2 (i) and (k) of Title 41 made in equal opportunity clause and, if so, whether accordance with a grant agreement to he has filed with the Office of Federal Con- which this section applies.

tract Compliance in the United States De- (E.O. 11246, 30 FR 13441, 31 FR 6921; sec. 307, partment of Labor or the contracting or ad- 72 Stat. 752, 49 U.S.C. 1348) ministering agency all compliance reports due under applicable instructions. In any [Amdt. 151–5, 29 FR 15569, Nov. 20, 1964, as case in which a bidder or prospective con- amended by Amdt. 151–8, 30 FR 8040, June 23, tractor or proposed subcontractor who has 1965; Amdt. 151–12, 31 FR 10261, July 29, 1966; participated in a previous contract or sub- Amdt. 151–23, 33 FR 9543, June 29, 1968] contract subject to the equal opportunity clause has not filed a compliance report due § 151.54a Equal employment oppor- under applicable instructions, such bidder, tunity requirements: After June 30, prospective contractor or proposed sub- 1968.

contractors shall submit a compliance report (a) Incorporation by reference. There prior to the award of the proposed contract are hereby incorporated by reference or subcontract. When a determination has been made to award a contract to a specific into this part the regulations issued by contractor, such contractor shall, prior to the Secretary of Labor on May 21, 1968, award, furnish such other pertinent informa- and published in the F EDERAL R EG- tion regarding his own employment policies ISTER on May 28, 1968 (41 CFR part 60– and practices as well as those of his proposed 1, 33 FR 7804), except for the following subcontractors as the FAA, the sponsor, or provisions: the Director of the Office of Federal Con- (1) Paragraph (a), ‘‘Government con- tract compliance may require.

tracts’’, of § 60–1.4, ‘‘Equal opportunity (2) The sponsor or his contractors clause’’.

shall give express notice of the require- (2) Section 60–1.6, ‘‘Duties of agen- ments of this paragraph (d) in all invi- cies’’.

tations for bids or negotiations for con- (b) Applicability and effectiveness. The tracts.

regulations incorporated by reference (e) Enforcement. The FAA conducts in paragraph (a) of this section apply compliance reviews, handles com- to grant agreements made after June plaints and, where appropriate, con- 30, 1968. They also apply to contracts, ducts hearings and imposes, or rec- as defined in § 60–1.3(f) of Title 41, en- ommends to the Office of Federal Con- tered into under any grant agreement tract Compliance, sanctions, as pro- made before or after that date, as pro- vided in subpart B—General Enforce- vided in § 60–1.47 of Title 41.

ment; Complaint Procedure of part 60– (Sec. 307, 72 Stat. 752, 49 U.S.C. 1348) 1.

[Amdt. 151–23, 33 FR 9543, June 29, 1968] (f) Exempted contracts. Except for sub- contracts for the performance of con- § 151.55 Accounting and audit.

struction work at the site of construc- tion, the requirements of this section (a) Each sponsor shall establish and do not apply to subcontracts below the maintain, for each individual project, second tier (§ 60–1.3(c)). The require- an adequate accounting record to allow ments of this section do not apply to appropriate personnel of the FAA to contracts and subcontracts exempted determine all funds received (including by § 60–1.4. funds of the sponsor and funds received (g) Meaning of terms. The term ‘‘ap- from the United States or other plicant’’ in the provisions of part 60–1 sources), and to determine the allow- incorporated by reference in this sec- ability of all incurred costs of the tion means the sponsor, except where project. The sponsor shall segregate part 60–1 refers to an applicant for em- and group project costs so that it can VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00717 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.57 furnish, on due notice, cost informa- (3) Any supporting information, in- tion in the following cost classifica- cluding appraisals of property inter- tions: ests, that the FAA needs to determine (1) Purchase price or value of land. the allowability of any costs for which (2) Incidental costs of land acquisi- payment is requested.

tion. (b) Contractor’s certifications. Each (3) Costs of contract construction.

application that involves work per- (4) Costs of force account construc- formed by a contractor must contain, tion.

in the contractor’s certification in the (5) Engineering costs of plans and de- periodic cost estimate, a statement signs.

that ‘‘there has been full compliance (6) Engineering costs of supervision with all labor provisions included in and inspection.

the contract identified above and in all (7) Other administrative costs.

subcontracts made under that con- (b) The sponsor shall obtain and re- tract’’, and, in the case of a substantial tain in its files for a period of three dispute as to the nature of the contrac- years after the date of the final grant tor’s or a subcontractor’s obligation payment, documentary evidence such under the labor provisions of the con- as invoices, cost estimates, and pay- tract or a subcontract, and additional rolls supporting each item of project phrase ‘‘except insofar as a substantial costs.

dispute exists with respect to these (c) The sponsor shall retain, for a pe- provisions’’.

riod of three years after the date of the (c) If a contractor or subcontractor final grant payment, evidence of all fails or refuses to comply with the payments for items of project costs in- labor provisions of the contract with cluding vouchers, cancelled checks or the sponsor, further grant payments to warrants, and receipts for cash pay- the sponsor are suspended until the ments.

violations stop, until the Adminis- (d) The sponsor shall allow the Ad- trator determines the allowability of ministrator and the Comptroller Gen- the project costs to which the viola- eral of the United States, or an author- tions related, or, to the extent that the ized representative of either of them, violations consist of underpayments to access to any of its books, documents, labor, until the sponsor furnishes satis- papers, and records that are pertinent factory assurances to the FAA that to grants received under the Federal- restitution has been or will be made to aid Airport Program for the purposes the affected employees.

of accounting and audit. Appropriate (d) If, upon final determination of the FAA personnel may make progress au- allowability of all project costs of a dits at any time during the project, project, it is found that the total of upon notice to the sponsor. If work is grant payments to the sponsor was suspended on the project for an appre- more than the total United States ciable period of time, an audit will be share of the allowable costs of the made before any semi-final payment is project, the sponsor shall promptly re- made. In each case an audit is made be- turn the excess to the FAA.

fore the final payment.

[Docket 1329, 27 FR 12351, Dec. 13, 1962, as [Docket 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151–4, 29 FR 11336, Aug. 6, amended by Amdt. 151–8, 30 FR 8040, June 23, 1964; Amdt. 151–8, 30 FR 8040, June 23, 1965; 1965] Amdt. 151–17, 31 FR 16525, Dec. 28, 1966; Amdt.

151–32, 34 FR 9617, June 19, 1969] § 151.57 Grant payments: General.

§ 151.59 Grant payments: Land acquisi- (a) An application for a grant pay- tion.

ment is made on FAA Form 5100–6, ac- companied by— If an approved project includes land (1) A summary of project costs on acquisition as an item of airport devel- Form FAA–1630; opment, the sponsor may, at any time (2) A periodic cost estimate on Form after executing the grant agreement FAA–1629 for each contract rep- and after title evidence has been ap- resenting costs for which payment is proved by the Administrator for the requested; and property interest for which payment is VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00718 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.65 requested, apply to the FAA, through and from the amount of the estimated the Area Manager, for payment of the total project cost.

United States share of the allowable § 151.63 Grant payments: Semifinal project costs of the acquisition, includ- and final.

ing any acquisition that is completed before executing the grant agreement (a) Whenever airport development on and is part of the airport development a project is delayed or suspended for an included in the project.

appreciable period of time for reasons beyond the sponsor’s control and the § 151.61 Grant payments: Partial.

allowability of the project costs of all (a) Subject to the final determina- airport development completed has tion of allowable project costs as pro- been determined on the basis of an vided in § 151.63 partial grant payments audit and review of all costs, a semi- for project costs may be made to a final grant payment may be made in an sponsor upon application. Unless pre- amount large enough to bring the ag- viously agreed otherwise, a sponsor gregate amount of all partial grant may apply for partial payments on a payments for the project to the United monthly basis. The payments may be States share of all allowable project paid, upon application, on the basis of costs incurred, even if the amount is the costs of airport development that more than the 90 percent limitation is accomplished or on the basis of the prescribed in § 151.61(b). However, it estimated cost of airport development may not be more than the maximum expected to be accomplished.

obligation of the United States as stat- (b) Except as otherwise provided, par- ed in the grant agreement.

tial grant payments are made in (b) Whenever the project is com- amounts large enough to bring the ag- pleted in accordance with the grant gregate amount of all partial payments agreement, the sponsor may apply for to the estimated United States share of final payment. The final payment is the project costs of the airport develop- made to the sponsor if— ment accomplished under the project (1) A final inspection of all work at as of the date of the sponsor’s latest the airport site has been made jointly application for payment. In addition, if by the Area Manager and representa- the sponsor applies, a partial grant tives of the sponsor and the contractor, payment is made as an advance pay- unless the Area Manager agrees to a ment in an amount large enough to different procedure for final inspection.

bring the aggregate amount of all par- (2) A final audit of the project ac- tial payments to the estimated United count has been completed by appro- States share of the estimated project priate personnel of the FAA; and costs of the airport development ex- (3) The sponsor has furnished final pected to be accomplished within 30 ‘‘as constructed’’ plans, unless other- days after the date of the sponsor’s ap- wise agreed to by the Administrator.

plication for advance payment. How- (c) Based upon the final inspection, ever, no partial payment may be made the final audit, the plans, and the docu- in an amount that would bring the ag- ments and supporting information re- gregate amount of all partial payments quired by § 151.57(a), the Administrator for the project to more than 90 percent determines the total amount of the al- of the estimated United States share of lowable project costs and pays the the total estimated cost of all airport sponsor the United States’ share, less development included in the project, the total amount of all prior payments.

but not including contingency items, or 90 percent of the maximum obliga- § 151.65 Memoranda and hearings.

tion of the United States as stated in the grant agreement, whichever (a) At any time before the FAA amount is the lower. In determining issues a grant offer for a project, any the amount of a partial grant payment, public agency or person having a sub- those project costs that the Adminis- stantial interest in the disposition of trator considers to be of questionable the project application may file a allowability are deducted both from memorandum supporting or opposing it the amount of proj- ect costs incurred with the Area Manager of the area in VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00719 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.67 which the project is located. In addi- airport, the amount of funds available tion, that public agency or person may to the sponsor, a description of the pro- request a public hearing on the loca- posed work, and its estimated cost.

tion of the airport to be developed. If, (2) Project application, Form FAA– in the Administrator’s opinion, that 1624: A formal application for Federal- public agency or person has a substan- aid to carry out a project under this tial interest in the matter, a public part. It contains four parts: hearing is held.

(i) Part I—For pertinent information (b) The Administrator sets the time regarding the airport and proposed and place of each hearing under this work included in the project.

section, to avoid undue delay in dis- (ii) Part II—For incorporating the posing of the application, to afford rea- representations of the sponsor relating sonable time for all parties concerned to its legal authority to undertake the to prepare for it, and to hold it at a project, the availability of funds for its place convenient to the sponsor. Notice share of the project costs, approvals of of the time and place is mailed to the other non-United States agencies, the public agency or person filing the existence of any default on the compli- memorandum, the sponsor, and any ance requirements of § 151.77(a), pos- other necessary persons.

sible disabilities, and the ownership of (c) The purpose of the hearing is to lands and interests in lands to be used help the Administrator discover facts relating to the location of the airport in carrying out the project and oper- that is proposed to be developed under ating the airport.

an application pending before him.

(iii) Part III—For incorporating the There are no adverse parties or inter- sponsor’s assurances regarding the op- ests and no defendant or respondent.

eration and maintenance of the air- They are not hearings for the purposes port, further development of the air- of 5 U.S.C. 554, 556, and 557, and do not port, and the acquisition of any addi- terminate in an adjudication as defined tional interests in lands that may be in that Act.

needed to carry out the project or for (d) Each hearing under this section is operating the airport.

conducted by a hearing officer des- (iv) Part IV—For a statement of the ignated by the Administrator. The sponsor’s acceptance, to be executed by hearing officer decides the length of the sponsor and certificated by its at- the hearing, the kind of testimony to torney.

be heard, and all other matters respect- (3) [Reserved] ing the conduct of the hearing. The (4) Grant agreement, Form FAA–1632: hearing is recorded in a manner deter- (i) Part I—Offer by the United States mined by the hearing officer and the to pay a specified percentage of the al- record becomes a part of the record of lowable costs of the project, as de- the project application. The Adminis- scribed therein, on specified terms re- trator’s decision is not made solely on lating to the undertaking and carrying the basis of the hearing, but on all rel- out of the project, determination of al- evant facts.

lowability of costs, payment of the [Docket 1329, 27 FR 12351, Dec. 13, 1962, as United States share, and operation and amended by Amdt. 151–11, 31 FR 6686, May 5, maintenance of the airport in accord- 1966; Amdt. 151–35, 34 FR 13699, Aug. 27, 1969] ance with assurances in the proj- ect § 151.67 Forms. application.

(ii) Part II—Acceptance of the offer (a) The various forms used for the by the sponsor, execution of the ac- purposes of subparts B and C are as fol- ceptance by the sponsor, and certifi- lows: cation by its attorney.

(1) Requests for Federal-aid, FAA (5) Periodic cost estimate, Form Form 5100–3: Contains a statement re- FAA–1629: a certification to be exe- questing Federal-aid in carrying out a cuted by the contractor, with space for project under the Federal Airport Act, with appropriate spaces for inserting information regarding the progress of information needed for considering the construction work as of a specific date, request, including the location of the and the value of the completed work.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00720 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.73 (6) Application for grant payment, to the project by agreement between FAA Form 5100–6: Application for pay- the sponsor and the Administrator.

ment under a grant agreement for (Secs. 1–15, 17–21, 60 Stat. 170, 49 U.S.C. 1120) work completed as of a specific date or [Amdt. 151–19, 32 FR 9220, June 29, 1967] to be completed by a specific date, with space for an appropriate breakdown of § 151.72 Incorporation by reference of project costs among the categories technical guidelines in Advisory shown therein, and certification provi- Circulars.

sions to be executed by the sponsor and (a) Provisions incorporated; mandatory the Area Manager.

standards. The technical guidelines in (7) Summary of project costs, Form the Advisory Circulars, or parts of Cir- FAA–1630: For inserting the latest re- culars, listed in appendix I of this part, vised estimate of total project costs, are incorporated into this subpart by the total costs incurred as of a specific reference. Guidelines so incorporated date, an estimate of the aggregate of are mandatory standards and apply in those total costs incurred to date and addition to the other standards in this those to be incurred before a specific subpart. No provision so incorporated date in the future.

and made mandatory supersedes any (b) Copies of the forms named in this provision of this part 151 (other than of section, and assistance in completing App. I) or of any other part of the Fed- and executing them, are available from eral Aviation Regulations. Each Cir- the Area Manager.

cular is incorporated with all amend- [Docket 1329, 27 FR 12351, Dec. 13, 1962, as ments outstanding at any time unless amended by Amdt. 151–8, 30 FR 8040, June 23, the entry in appendix I of this part 1965; Amdt. 151–11, 31 FR 6686, May 5, 1966; states otherwise.

Amdt. 151–17, 31 FR 16525, Dec. 28, 1966; Amdt.

(b) Amendments of Appendix I. The Di- 151–25, 33 FR 14535, Sept. 27, 1968; Amdt. 151– rector, Airports Service, may add to, or 34, 34 FR 12883, Aug. 8, 1969] delete from, appendix I of this part any Advisory Circular or part thereof.

Subpart C—Project Programming (c) Availability of Advisory Circulars.

Standards The Advisory Circulars listed in appen- dix I of this part may be inspected and A UTHORITY : 49 U.S.C. 106(g), 40113, 47151, copied at any FAA Regional Office, 47153.

Area Office, or Airports District Office.

Copies of the Circulars that are avail- S OURCE : Docket 1329, 27 FR 12357 Dec. 13, able free of charge may be obtained 1962, unless otherwise noted.

from any of the offices or from the Fed- § 151.71 Applicability.

eral Aviation Administration, Printing Branch, HQ–438, Washington, D.C.

(a) This subpart prescribes program- 20553. Copies of the Circulars that are ming and design and construction for sale may be bought from the Super- standards for projects under the Fed- intendent of Documents, U.S. Govern- eral-Aid Airport Program to assure the ment Printing Office, Washington, D.C.

most efficient use of Program funds 20402 for the price listed.

and to assure that the most important elements of a national system of air- [Amdt. 151–13, 31 FR 11605, Sept. 2, 1966, as ports are provided. amended by Docket 8084, 32 FR 5769, Apr. 11, 1967] (b) Except for the standards made mandatory by § 151.72(a), the standards § 151.73 Land acquisition.

prescribed in this subpart that apply to any particular project are those in ef- (a) The acquisition of land or any in- fect on the date the sponsor accepts terest therein, or of any easement or the Administrator’s offer under other interest in airspace, is eligible § 151.29(c). The standards of § 151.72(a) for inclusion in a project if it was made applicable to a project are those in ef- after May 13, 1946, and is necessary— fect on the date written on the notifi- (1) To allow the initial development cation of tentative allocation of funds of the airport; (§ 151.21(b)). Standards that become ef- (2) For improvement indicated in the fective after that date may be applied current National Airport Plan; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00721 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.75 (3) For ultimate development of the this part sets forth typical eligible and airport, as indicated in the current ap- ineligible items of site preparation as proved airport layout plan to the ex- covered by this section.

tent consistent with the National Air- (b) For the purposes of this section, eligible drainage work off the airport port Plan; (4) For approach protection meeting site includes drainage outfalls, drain- the standards of § 77.23 as applied to age disposal, and interception ditches.

§§ 77.25 and 77.27 of this chapter; If there is damage to adjacent prop- (5) To allow installing an ALS (as de- erty, its correction is an eligible item scribed in § 151.13), in which case the for inclusion in the project.

costs of acquiring land needed for it are [Docket 1329, 27 FR 12357, Dec. 13, 1962, as eligible for 75 percent United States amended by Amdt. 151–7, 30 FR 7484, June 8, participation if the need is shown in 1965; Amdt. 151–8, 30 FR 8040, June 23, 1965] the National Airport Plan, based on the best information available to the § 151.77 Runway paving: General rules.

FAA for the forecast period; (a) On any airport, paving of the des- (6) To allow proper use, operation, or ignated instrument landing runway (or maintenance of the airport as a public dominant runway if there is no des- facility, including offsite lands needed ignated instrument runway) is eligible for locating necessary parts of the util- for inclusion in a project, within the ity systems serving the airport; limits of the current National Airport (7) To allow installing navigational Plan. Program participation in con- aids by the FAA, if the land is within structing, reconstructing or resur- the airport boundaries; or facing is limited to a single runway at (8) To allow relocation of naviga- each airport, unless more than one run- tional aids.

way is eligible under a standard in (b) Appendix A of this part sets forth § 151.79 or § 151.80.

typical eligible and ineligible items of (b) The kinds of runway paving that land acquisition as covered by this sec- are eligible for inclusion in a project tion.

include pavement construction and re- construction, and include runway [Docket 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151–7, 30 FR 7484, June 8, grooving to improve skid resistance, 1965; Amdt. 151–8, 30 FR 8040, June 23, 1965] and resurfacing to increase the load bearing capacity of the runway or to § 151.75 Preparation of site.

provide a leveling course to correct (a) Grading, drainage, and associated major irregularities in the pavement.

items of site preparation are eligible Runway resealing or refilling joints as for inclusion in a project, but only with an ordinary maintenance matter are respect to one landing strip at any air- not eligible items, except for bitu- port, unless the airport qualifies for minous resurfacing consisting of at more than one runway, based on traffic least 100 pounds of plant-mixed mate- volume or wind conditions (as outlined rial for each square yard, and except in § 151.77) and the overall site prepara- for the application of a bituminous sur- tion required for development in ac- face treatment (two applications of cordance with the airport layout plan. material and cover aggregate as pre- The complete clearance of runway scribed in FAA Specification P–609) on clear zone areas is desirable, but, as a a pavement the current surface of minimum, all obstructions as deter- which consists of that kind of a bitu- mined by § 77.23 as applied to § 77.27 (b) minous surface treatment.

and (c) of this chapter must be re- (c) On new pavement construction, moved. Grading in runway clear zones the applying of a bituminous seal coat is eligible only to remove terrain that on plant hot-mix bituminous surfaces is an obstruction. The clear zone is not only, is an eligible item only if initial a graded overrun area. Specific site engineering analysis and design indi- preparation for an airport terminal cate the need for a seal coat. However, building is eligible on the same basis as any delay in applying it that is caused the building itself. The site preparation other than by construction difficulties, cost is prorated based on eligible and makes the application a maintenance ineligible building space. Appendix B of item that is not eligible.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00722 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.83 (d) In any case in which the need for than 12 miles per hour (10.5 knots) a seal coat is necessary for a new run- more than 5 percent of the time.

way extension or partial reconstruc- [Amdt. 151–17, 31 FR 16525, Dec. 28, 1966, as tion of a runway, the entire runway amended by Amdt. 151–28, 34 FR 551, Jan. 15, may be sealed.

1969] (e) Appendix C to this part sets forth typical eligible and ineligible items of § 151.80 Runway paving: Additional runway paving. runway; other conditions.

Paving an additional runway on an (49 U.S.C. 1120) airport that does not qualify for a sec- [Docket 1329, 27 FR 12357, Dec. 13, 1962, as ond runway under § 151.79 is eligible if amended by Amdt. 151–17, 31 FR 16525, Dec.

the Administrator, upon consideration 28, 1966; Amdt. 151–29, 34 FR 1634, Feb. 4, 1969] on a case-to-case basis, is satisfied § 151.79 Runway paving: Second run- that— way; wind conditions.

(a) The volume of traffic justifies an additional paved runway and the lay- (a) All airports. Paving a second run- out and orientation of the additional way on the basis of wind conditions is runway will expedite traffic; or eligible for inclusion in a project only if the sponsor shows that— (b) A combination of traffic volume (1) The airport meets the applicable and aircraft noise problems justifies an standards of paragraph (b), (c), or (d) of additional paved runway for that air- this section; port.

(2) The operational experience, and [Amdt. 151–17, 31 FR 16525, Dec. 28, 1966] the economic factors of air traffic at the location, justify an additional run- § 151.81 Taxiway paving.

way for the airport; and (a) The construction, alteration, and (3) The second runway is oriented repair of taxiways needed to expedite with the existing paved runway to the flow of ground traffic between run- achieve the maximum wind coverage, ways and aircraft parking areas avail- with due consideration to the airport able for general public use are eligible noise factor, topography, soil condi- items under the program. Taxiways to tions, and other pertinent factors af- serve an area or facility that is pri- fecting the economy and efficiency of marily for the exclusive or near exclu- the runway development.

sive use of a tenant or operator that (b) Airports serving large and small air- does not furnish aircraft servicing to craft. The airport serves both large and the public are not eligible. In addition, small aircraft and the existing paved the policies on resealing or refilling runway is subject to a crosswind com- joints, as set forth in § 151.77, apply also ponent of more than 15 miles per hour to taxiway paving.

(13 knots) more than 5 percent of the (b) Appendix D of this part sets forth time.

typical eligible and ineligible items of (c) Airports serving small aircraft only.

taxiway paving.

The airport serves small aircraft exclu- sively, and— § 151.83 Aprons.

(1) The airport has 10,000, or more, (a) The construction, alteration, and aircraft operations each year; and repair of aprons are eligible program (2) The existing paved runway is sub- items upon being shown that they are ject to a crosswind component of more needed as public use facilities. An than 12 miles per hour (10.5 knots) apron to serve an area that is pri- more than 5 percent of the time.

(d) Airports serving aircraft of less than marily for the exclusive or near exclu- 8,000 pounds only. The airport serves sive use of a tenant or operator who small aircraft of less than 8,000 pounds does not furnish aircraft servicing to maximum certificated takeoff weight the public is not eligible. In addition, exclusively and— the policies on resealing or refilling (1) The airport has 5,000, or more, air- joints, as set forth in § 151.77 apply also craft operations each year; and to apron paving.

(2) The existing paved runway is sub- (b) In determining public use for the ject to a crosswind component of more purposes of this section, the current VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00723 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.85 use being made of a hangar governs, paragraph (a) of this section, the spon- unless there is definite information re- sor must— garding its future use. In the case of an (1) Provide in the project for remov- apron area being built for future hang- ing, relocating, or adequately marking ars, it should be shown that early and lighting, each obstruction in the hangar development is assured and approach and turning zones, as pro- that the hangars will be public facili- vided in § 151.91(a); ties.

(2) Acknowledge its awareness of the (c) Appendix E of this part sets forth cost of operating and maintaining air- typical eligible and ineligible items of port lighting; and apron paving.

(3) Agree to operate the airport light- ing installed— § 151.85 Special treatment areas.

(i) Throughout each night of the The following special treatment for year; or areas adjacent to pavement is eligible (ii) According to a satisfactory plan for inclusion in a project in cases of operation, submitted under para- where, due to the operation of turbojet graph (c) of this section.

powered aircraft, it may be necessary (c) The sponsor of a project that in- to treat those areas adjacent to run- cludes installing airport lighting and way ends, holding aprons, and taxiways related electrical work, under para- to prevent erosion from the blast ef- graph (a) of this section, may— fects of the turbojet: (1) Submit to the Administrator a (a) Runway ends—a stabilized area proposed plan of operation of the air- the width of the runway and extending port lighting installed for periods less 100 to 150 feet from the end of the run- than throughout each night of the way.

year; (b) Holding aprons—a stabilized area (2) Specify, in the proposed plan, the up to 50 feet from the edge of the pave- times when the airport lighting in- ment.

stalled will be operated; and (c) Taxiway intersections—a sta- (3) Satisfy the Administrator that bilized area 25 feet on each side of the the proposed plan provides for safety in taxiway and extending 300 feet from air commerce, and justifies the invest- the intersection.

ment of Program funds.

(d) Taxiway (continuous movement (d) Paragraph (b)(3) of this section of aircraft)—dense turf 25 feet on each also applies to each sponsor of a side of the taxiway, or in a geographic project that includes installing airport area where dense turf cannot be estab- lighting and related electrical work if lished, stabilization.

that sponsor has not entered into a § 151.86 Lighting and electrical work: grant agreement for the project before General.

September 5, 1968.

(a) The installing of lighting facili- (e) If it agrees to comply with para- ties and related electrical work, as pro- graph (b)(3) of this section, the sponsor vided in § 151.87, is eligible for inclusion of a project that includes installing in a project only if the Administrator airport lighting facilities and related determines, for the particular airport electrical work that has entered into a involved, that they are needed to en- grant agreement for that project before sure— September 5, 1968, may— (1) Its safe and efficient use by air- (1) Surrender its air navigation cer- craft under § 151.13; or tificate authorizing operation of a (2) Its continued operation and ade- ‘‘true light’’ issued before that date; or quate maintenance, and it has a large (2) Terminate its application for au- enough volume (actual or potential) of thority to operate a ‘‘true light’’ made night operations.

before that date.

(b) Before the Administrator makes a (Secs. 307, 606, 72 Stat. 749, 779; 49 U.S.C. 1120, grant offer to the sponsor of a project 1348, 1426) that includes installing lighting facili- ties and related electrical work under [Amdt. 151–24, 33 FR 12545, Sept. 5, 1968] VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00724 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.89 tion to the nearest available power § 151.87 Lighting and electrical work: Standards. source.

(i) The interconnection of two or (a)–(b) [Reserved] more power sources on an airport prop- (c) The number of runways that are erty, the providing of second sources of eligible for lighting is the same as the power, and the installing of standby number eligible for paving under engine generators of reasonable capac- § 151.77, § 151.79, or § 151.80.

ity, are eligible under the program.

(d) The installing of high intensity (j) Economy approach lighting aids runway edge lighting is eligible on a are eligible for inclusion in a project at designated instrument landing runway an airport that will not qualify within and any other runway with approved the next three years for approach light- straight-in approach procedures. A run- way that is eligible for lighting, but ing aids installed by FAA under the does not meet the requirements for 75 Facilities and Equipment Program if percent U.S. participation under the economy approach lighting aids— § 151.43(d), is eligible for 50 percent U.S. (1) Will correct a visual deficiency on participation in the costs of high inten- one of the lighted runways of the air- sity runway edge lighting (or the al- port; or lowable percentage in § 151.43(c) for (2) Will permit operations at an air- public land States), if the airport is port at lower minimums.

served by a navigational aid that will ‘‘Economy approach lighting aids’’ in- allow using instrument approach pro- cludes a medium intensity approach cedures. If a runway is not eligible for lighting system (MALS) that may in- 75 or 50 percent Federal participation clude a sequence flasher (SF); a runway in high intensity runway edge lighting end identifier lights system (REILS): but is otherwise eligible for runway and an abbreviated visual approach lighting, the U.S. share of the cost of slope indicator (AVASI).

runway edge lighting is 50 percent of (k) Appendix F of this part sets forth the cost of the lighting installed but typical eligible and ineligible items of not more than 50 percent of the cost of airport lighting covered by § 151.86 and medium intensity lighting.

this section.

(e) In-runway lighting (touchdown zone lighting system, and centerline (Secs. 307, 606, 72 Stat. 749, 799; 49 U.S.C. 1120, 1348, 1426) lighting system) is eligible on the des- ignated instrument landing runway.

[Docket 1329, 27 FR 12357, Dec. 13, 1962, as (f) Taxiways to eligible runways on amended by Amdt. 151–8, 30 FR 8040, June 23, airports served by transport aircraft 1965; Amdt. 151–17, 31 FR 16525, Dec. 28, 1966; are eligible for lighting. On airports Amdt. 151–22, 33 FR 8267, June 4, 1968; Amdt.

151–24, 33 FR 12545, Sept. 5, 1968; Amdt. 151–35, serving only general aviation, the 34 FR 13699, Aug. 27, 1969] lighting of connecting taxiways is eli- gible if the runway served is lighted or § 151.89 Roads.

is programed to be lighted. The light- ing of a parallel taxiway is eligible if (a) Federal-aid Airport Program the taxiway is eligible for paving. funds may not be used to resolve high- Lighting of other taxiways is eligible way problems. Only those airport en- or not, depending on the complexity of trance roads that are definitely needed the taxiway system. and are intended only as a way in and (g) Floodlighting of aprons is eligible out of the airport are eligible.

if there is a proven need for it, includ- (b) The construction, alteration, and ing a showing of night operations repair of airport roads and streets that where the runway is lighted. are entirely within the airport bound- (h) Any airport that is eligible to aries are eligible under the program, if participate in the costs of runway needed for operating and maintaining lighting is eligible for the installing of the airport. In the case of an entrance an airport beacon, lighted wind indi- road, a strip right-of-way joining the cator, obstruction lights, lighting con- main body of the airport to the nearest trol equipment, and other components public road may be considered a part of of basic airport lighting, including sep- the normal boundary of the airport if— arate transformer vaults and connec- (1) Adequate title is obtained; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00725 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.91 (2) It was acquired to provide an air- demolishing the existing hangar is an port entrance road and was not, before eligible item.

the existence of the airport, a public [Docket 1329, 27 FR 12357, Dec. 13, 1962, as thoroughfare; amended by Amdt. 151–22, 33 FR 8267, June 4, (3) The entrance road is intended 1968] only as a way in and out of the airport; and § 151.93 Buildings; utilities; sidewalks; parking areas; and landscaping.

(4) The entrance road extends only to the nearest public highway, road, or (a) Only buildings or parts of build- street.

ings intended to house facilities or ac- (c) An entrance road may be joined to tivities directly related to the safety of an existing highway or street with a persons at the airport, including fire normal fillet connection. However, ac- and rescue equipment buildings, are el- celeration-deceleration strips or grade igible items under the Federal-aid Air- separations are not eligible.

port Program. To the extent they are (d) Offsite road or street relocation necessary to house snow removal and needed to allow airport development or abrasive spreading equipment, and to to remove an obstruction, and is not provide minimum protection for abra- for entrance road purposes, is eligible. sive materials, field maintenance equipment buildings are eligible items (e) Appendix G sets forth typical eli- in any airport development project for gible and ineligible items of road con- an airport in a location having a mean struction covered by this section.

daily minimum temperature of zero de- § 151.91 Removal of obstructions. grees Fahrenheit, or less, for at least 20 days each year for the 5 years pre- (a) The removal or relocation, or ceding the year when Federal aid is re- both, of obstructions, as defined in quested under § 151.21(a), based on the Technical Standard Order N18 is eligi- statistics of the U.S. Department of ble under the Program in cases where Commerce Weather Bureau if avail- definite arrangements are made to pre- able, or other evidence satisfactory to vent the obstruction from being recre- the Administrator.

ated. In a case where removal is not (b) Airport utility construction, in- feasible, the cost of marking or light- stallation, and connection are eligible ing it is eligible. The removal and relo- under the Federal-aid Airport Program cation of structures necessary for es- as follows: sential airport development is eligible.

(1) An airport utility serving only eli- The removal of structures that are not gible areas and facilities is eligible; obstructions under § 77.23 of this chap- and ter as applied to § 77.27 of this chapter (2) An airport utility serving both el- are eligible when they are located igible and ineligible airport areas and within a runway clear zone.

facilities is eligible only to the extent (b) The removal and relocation of an of the additional cost of providing the airport hangar that is an airport haz- capacity needed for eligible areas and ard (as described in § 151.39(b)) is eligi- facilities over and above the capacity ble, if the reerected hangar will be sub- necessary for the ineligible areas and stantially identical to the disassem- facilities.

bled one.

However, a water system is eligible (c) Whenever a hangar must be relo- only to the extent necessary to provide cated (either for clearance of the site fire protection for aircraft operations, for other airport development or to re- and to provide water for a fire and res- move a hazard) and the existing struc- cue equipment building.

ture is to be relocated with or without disassembly, the cost of the relocation (c) No part of the constructing, alter- is an eligible item of project costs, in- ing, or repairing (including grading, cluding costs incidental to the reloca- drainage, and other site preparation tion such as necessary footings and work) of a facility or area that is to be floors. However, if the existing struc- used as a public parking facility for ture is to be demolished and a new passenger automobiles is eligible for hangar is to be built, only the cost of inclusion in a project.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00726 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.97 (d) Landscaping is not eligible for in- sion in a project. The remarking of ex- clusion in a project. However, the es- isting runways or taxiways is eligible tablishment of turf on graded areas and if— special treatment to prevent slope ero- (1) Present marking is obsolete under sion is eligible to the extent of the eli- current FAA standards; or gibility of the facilities or areas (2) Present marking is obliterated by served, preserved, or protected by the construction, alteration or repair work turf or treatment. In the case of included in a FAAP project or by the turfing or treatment for an area or fa- required routing of construction equip- cility that is partly eligible and partly ment used therein.

ineligible, the eligibility of the turfing However, apron marking that is not al- or treatment is established on a pro lied with runway and taxiway marking rata basis.

systems, is not eligible.

(e) The construction of sidewalks is (g) The following offsite work per- not eligible for inclusion in a project.

formed outside of the boundaries of an airport or airport site is eligible for in- [Docket 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151–17, 31 FR 16525, Dec. clusion in a project: 28, 1966; Amdt. 151–26, 33 FR 18434, Dec. 12, (1) Removal of obstruction as pro- 1968] vided in § 151.91.

(2) Outfall drainage ditches, and the § 151.95 Fences; distance markers; correction of any damage resulting navigational and landing aids; and from their construction.

offsite work.

(3) Relocating of roads and utilities (a) Boundary or perimeter fences for that are airport hazards as defined in security purposes are eligible for inclu- § 151.39(b).

sion in a project.

(4) Clearing, grading, and grubbing to (b) A blast fence is eligible for inclu- allow installing of navigational aids.

sion in a project whenever— (5) Constructing and installing utili- (1) It is necessary for safety at a run- ties.

way end or a holding area near the end (6) Lighting of obstructions.

of a runway and its installation would be more economical than the acquiring [Docket 1329, 27 FR 12359, Dec. 13, 1962, as amended by Amdt. 151–8, 30 FR 8040, June 23, of additional property interests; or 1965; Amdt. 151–17, 31 FR 16525, Dec. 28, 1966] (2) Its installation for safety at a tur- bojet-passenger gate will result in less § 151.97 Maintenance and repair.

separation being needed for gate posi- (a) Maintenance work is not airport tions, thereby reducing the need for development as defined in the Federal apron expansion, and it is more eco- Airport Act and is not eligible for in- nomical to build the fence than to ex- clusion in the Program. Therefore, it is pand the apron.

necessary in many cases that a deter- (c) The eligibility of runway distance mination be made whether particular markers for inclusion in a project is de- proposed development is maintenance cided on a case-by-case basis.

or repair. For the purpose of these de- (d) The relocation of navigational terminations, maintenance includes aids is eligible for inclusion in a proj- any regular or recurring work nec- ect whenever necessitated by develop- essary to preserve existing airport fa- ment on the airport under a Program cilities in good condition, any work in- project and the sponsor is responsible volved in cleaning or caring for exist- under FAA Order OA 6030.1 (Agency ing airport facilities, and any inci- Order 53).

dental or minor repair work on exist- (e) The installation of any of the fol- ing airport facilities, such as— lowing landing aids is eligible for in- clusion in a project: (1) Mowing and fertilizing of turfed (1) Segmented circle. areas; (2) Wind and landing direction indica- (2) Trimming and replacing of land- tors. scaping material; (3) Boundary markers. (3) Cleaning of drainage systems in- (f) The initial marking of runway and cluding ditches, pipes, catch basins, taxiway systems is eligible for inclu- and replacing and restoring eroded VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00727 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.99 areas, except when caused by act of plan, under § 151.5(a), or the develop- God or improper design; ment of plans designed to lead to a (4) Painting of buildings (inside and project application, under §§ 151.21(c) outside) and replacement of damaged and 151.27, or both.

items normally anticipated; (c) Each proposal must relate to (5) Repairing and replacing burned planning and engineering for an airport out or broken fixtures and cables, un- that— less major reconstruction is needed; (1) Is in a location shown on the Na- (6) Paving repairs in localized areas, tional Airport Plan; and except where the size of the work is (2) Is not served by scheduled air car- such that it constitutes a major repair rier service and located in a large or item or is part of a reconstruction medium hub, as identified in the cur- project; and rent edition of ‘‘Airport Activity Sta- (7) Refilling joints and resealing sur- tistics of Certificated Route Air Car- face of pavements.

riers’’ (published jointly by FAA and (b) Repair includes any work not in- the Civil Aeronautics Board), that is cluded in paragraph (a) of this section available for inspection at any FAA that is necessary to restore existing Area or Regional Office, or for sale by airport facilities to good condition or the Superintendent of Documents, Gov- preserve them in good condition.

ernment Printing Office, Washington, D.C. 20402.

§ 151.99 Modifications of programming (d) Each proposal must relate to fu- standards.

ture airport development projects eli- The Director, Airports, Service, or gible under subparts B and C.

the Regional Director concerned may, (49 U.S.C. 1115; sec. 308, 72 Stat. 750, 49 U.S.C.

on individual projects, when necessary 1349) for adaptation to meet local condi- tions, modify any standard set forth in [Docket 6227, 30 FR 8040, June 23, 1965, as amended by Amdt. 151–24, 33 FR 12545, Sept.

or incorporated into this subpart, if he 5, 1968] determines that the modification will provide an acceptable level of safety, § 151.113 Advance planning proposals: economy, durability, or workmanship.

Sponsor eligibility.

[Amdt. 151–13, 31 FR 11605, Sept. 2, 1966] The sponsor of an advance planning and engineering proposal must be a Subpart D—Rules and Procedures public agency, as defined in § 151.37(a), for Advance Planning and En- and must be legally, financially, and gineering Proposals otherwise able to— (a) Make the certifications, represen- tations, and warranties required in the A UTHORITY : 49 U.S.C. 106(g), 40113, 47151, 47153. advance planning proposal, FAA Form 3731; S OURCE : Docket 6227, 30 FR 8040, June 23, (b) Enter into and perform the ad- 1965, unless otherwise noted.

vance planning agreement; § 151.111 Advance planning proposals: (c) Provide enough funds to pay all General.

estimated proposal costs not borne by the United States; and (a) Each advance planning and engi- (d) Meet any other applicable re- neering proposal must relate to an air- quirements of the Federal Airport Act port layout plan or plans and specifica- and this subpart.

tions for the development of a new air- port, or the further development of an § 151.115 Advance planning proposals: existing airport. Each proposal must Cosponsorship and agency.

relate to a specific airport, either ex- isting or planned, and may not be for Any two or more public agencies de- general area planning. siring to jointly participate in an ad- (b) Each proposal for the develop- vance planning proposal may cosponsor ment or further development of an air- it. The cosponsorship and agency re- port must have as its objective either quirements and procedures set forth in the development of an airport layout § 151.33, except § 151.33(a)(1), also apply VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00728 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 151.125 any person, firm or corporation the exclusive to advance planning proposals. In addi- right at the airport, or at any other airport tion, the sponsor eligibility require- now or hereafter owned or controlled by it, ments set forth in § 151.113 must be met to conduct any aeronautical activities, in- by each participating public agency.

cluding, but not limited to, charter flights, pilot training, aircraft rental and sight- § 151.117 Advance planning proposals: seeing, aerial photography, crop dusting, Procedures; application.

aerial advertising and surveying, air carrier (a) Each eligible sponsor desiring to operations, aircraft sales and services, sale obtain Federal aid for the purpose of of aviation petroleum products whether or advance planning and engineering must not conducted in conjunction with other aeronautical activity, repair and mainte- submit a completed FAA Form 3731, nance of aircraft, sale of aircraft parts, and ‘‘Advance Planning Proposal’’, to the any other activities which because of their Area Manager.

direct relationship to the operation of air- (b) The airport layout plan, if in ex- craft can be regarded as an aeronautical ac- istence, must accompany the advance tivity; planning proposal. If the advance plan- (c) Agrees that it will terminate any exist- ning proposal includes preparation of ing exclusive right to engage in the sale of plans and specifications, enough de- gasoline or oil, or both, granted before July tails to identify the items of develop- 17, 1962, at such an airport, at the earliest re- ment to be covered by the plans and newal, cancellation, or expiration date appli- specifications must be shown. The pro- cable to the agreement that established the exclusive right; and posal must be accompanied by evi- (d) Agrees that it will terminate any other dentiary material establishing the exclusive right to conduct any aeronautical basis for the estimated costs under the activity now existing at such an airport be- proposal, such as an offer from an engi- fore the grant of any assistance under the neering firm containing a schedule of Federal Airport Act.

services and charges therefor.

[Amdt. 151–30, 34 FR 3656, Mar. 1, 1969, as [Docket 6227, 30 FR 8040, June 23, 1965, as amended by Amdt. 151–32, 34 FR 9617, June amended by Amdt. 151–11, 31 FR 6686, May 5, 19, 1969] 1966] § 151.123 Procedures: Offer; amend- § 151.119 Advance planning proposals: ment; acceptance; advance planning Procedures; funding.

agreement.

The funding information required by (a) The procedures and requirements § 151.23, except the last sentence, also is of § 151.29 also apply to approved ad- required in connection with an advance vance planning proposals. FAA’s offer planning proposal. The sponsor’s share and the sponsor’s acceptance con- of estimated proposal costs may not stitute an advance planning grant consist of or include the value of do- agreement between the sponsor and the nated labor, materials, or equipment.

United States. The United States does § 151.121 Procedures: Offer; sponsor not pay any of the advance planning assurances.

costs incurred before the advance plan- Each sponsor must adopt the fol- ning grant agreement is executed.

lowing covenant implementing the ex- (b) No grant is made unless the spon- clusive rights provisions of section sor intends to begin airport develop- 308(a) of the Federal Aviation Act of ment within three years after the date 1958, that is incorporated by reference of sponsor’s written acceptance of a into Part I of the Advance Planning grant offer. The sponsor’s intention Agreement: must be evidenced by an appropriate written statement in the proposal.

The sponsor— (a) Will not grant or permit any exclusive § 151.125 Allowable advance planning right forbidden by section 308(a) of the Fed- costs.

eral Aviation Act of 1958 (49 U.S.C. 1349(a)) at the airport, or at any other airport now or (a) The United States’ share of the hereafter owned or controlled by it; allowable costs of an advance planning (b) Agrees that, in furtherance of the pol- proposal is stated in the advance plan- icy of the FAA under this covenant, unless ning grant agreement, but is not more authorized by the Administrator, it will not, either directly or indirectly, grant or permit than 50 percent of the total cost of the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00729 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 151.127 necessary and reasonable planning and (3) Audit of submitted evidence or engineering services. audit of sponsor’s records, if considered (b) The allowable advance planning desirable by FAA, has been made.

costs consist of planning and engineer- (b) When the advance planning pro- ing expenses necessarily incurred in ef- posal relates to the selection of an air- fecting the advance planning proposal. port site, the advance planning grant Allowable cost items include— agreement provides that Federal funds (1) Location surveys, such as prelimi- are paid to the sponsor only after the nary topographic and soil exploration; site is selected and the Administrator (2) Site evaluation; is satisfied that the site selected for (3) Preliminary engineering, such as the airport is reasonably consistent stage construction outlines, cost esti- with existing plans of public agencies mates, and cost/benefit evaluation re- for development of the area in which ports; the site is located, and will contribute (4) Contract drawings and specifica- to the accomplishment of the purposes tions; of the Federal-aid Airport Program.

(5) Testing; and § 151.131 Forms.

(6) Incidental costs incurred to ac- complish the proposal, that would not The forms used for the purpose of ob- have been incurred otherwise.

taining an advance planning and engi- (c) To qualify as allowable, the ad- neering grant are as follows: vance planning costs paid or incurred (a) Advance planning proposal, FAA by the sponsor must be— Form 3731 —(1) Part I. This part of the (1) Reasonably necessary and directly form contains a request for the grant related to the planning or engineering of Federal funds under the Federal Air- included in the proposal as approved by port Act for the purpose of aiding in fi- FAA; nancing a proposal for the development (2) Reasonable in amount; and of an airport layout plan or plans, or (3) Verified by sufficient evidence.

both, designed to lead to a project ap- plication, with spaces provided for in- § 151.127 Accounting and audit.

serting information needed for consid- The requirements of § 151.55 relating ering the request, including the loca- to accounting and audit of project tion of the airport, a description of the costs are also applicable to advance plan or plans to be developed, and the planning proposal costs. However, the estimate of planning and engineering requirement of segregating and group- costs.

ing costs applies only to § 151.55(a) (5) (2) Part II. This part of the form in- and (7) classifications.

cludes the sponsor’s representation that it will comply with the provisions § 151.129 Payments.

of part 15 of the Federal Aviation Reg- (a) The United States’ share of ad- ulations (14 CFR part 15), and represen- vance planning costs is paid in two in- tations concerning its legal authority stallments unless the advance planning to undertake the proposal, the avail- grant agreement provides otherwise. ability of funds for its share of the pro- Upon request by sponsor, the first pay- posal costs, its intention to initiate ment may be made in an amount not construction of a safe, useful and usa- more than 50 percent of the maximum ble airport facility shown on an airport obligation of the United States stipu- layout plan developed under the pro- lated in the advance planning grant posal, or initiate the construction of agreement upon certification by spon- the item or items of airport develop- sor that 50 percent or more of the pro- ment shown on the plans developed posed work has been completed. The under the proposal and designed to lead final payment is made upon the spon- to a project application, or both, with- sor’s request after— in three years after the date of accept- (1) The conditions of the advance ance of the offer. It also includes the planning grant agreement have been sponsor’s representation as to the met; method of financing the intended con- (2) Evidence of cost of each item has struction, approval of other agencies, been submitted; and defaults, possible disabilities, and a VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00730 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT Pt. 151, App. D statement concerning accept- ance to A PPENDIX B TO P ART 151 be executed by the sponsor and cer- There is set forth below an itemization of tified by its attorney.

typical eligible and ineligible items of site (b) Advance planning agreement, FAA preparation as covered by § 151.75 of this Form 3732 —(1) Part I. This part of the chapter: form contains an offer by the United Typical Eligible Items States to pay a specified percentage 1. General site preparation: not to exceed 50% of the allowable pro- (a) Clearing of site.

posal costs, as described therein, on (b) Grubbing of site.

specific terms relating to the carrying (c) Grading of site.

out of the proposal, allowability of (d) Storm drainage of site.

costs, payment of the United States’ 2. Erosion control.

3. Grading to remove obstructions.

share and sponsor’s agreement to com- 4. Grading for installing navigation aids on ply with the exclusive rights provision airport property.

of section 308(a) of the Federal Avia- 5. Dredging of seaplane anchorages and tion Act of 1958.

channels.

(2) Part II. This part of the form con- Typical Ineligible Items tains the acceptance of the offer by the sponsor, execution of the acceptance by 1. Specific site preparation (not a part of an over-all site preparation project) for: the sponsor, and the certification by (a) Hangars and other buildings ineligible the sponsor’s attorney.

under the Act.

(b) Public parking facilities for passenger A PPENDIX A TO P ART 151 automobiles.

(c) Industrial and other non-airport pur- There is set forth below an itemization of poses.

typical eligible and ineligible items of land acquisition as covered by § 151.73: [Docket 1329, 27 FR 12359, Dec. 13, 1962] Typical Eligible Items A PPENDIX C TO P ART 151 1. Land for: There is set forth below an itemization of (a) Initial acquisition for entire airport de- typical eligible and ineligible items of run- velopments, including building areas as de- way paving as covered by § 151.77 of this lineated on the approved airport layout plan.

chapter: (b) Expansion of airport facilities.

Typical Eligible Items (c) Clear zones at ends of eligible runways.

(d) Approach lights (land for ALS eligible 1. New runways for specified loadings.

for 75 percent participation will be limited to 2. Runway widening of extensions for speci- an area 3200 ′ × 400 ′ for a Standard ALS and to fied loadings.

3. Reconstruction of existing runways for an area 1700 ′ × 400 ′ for a short ALS located specified loadings.

symmetrically about the runway centerline 4. Resurfacing runways for specified extended, beginning at the end of the run- strength or for smoothness.

way).

5. Runway grooving to improve skid resist- (e) Approach protection.

ance.

(f) Airport utilities.

2. Easements for: Typical Ineligible Items (a) Use of air space by aircraft.

1. Maintenance-type work, including: (b) Storm-water run-off.

(a) Seal coats.

(c) Powerlines to serve offsite obstruction (b) Crack filling.

lights.

(c) Resealing joints.

(d) Airport utilities.

(d) Runway patching.

3. Extinguishment of easements which (e) Isolated repair.

interfere with airport development.

[Docket 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt. 151–29, 34 FR 1634, Feb. 4, Typical Ineligible Items 1969] 1. Land required only for: A PPENDIX D TO P ART 151 (a) Industrial and other non-airport pur- poses.

There is set forth below an itemization of [Docket 1329, 27 FR 12359, Dec. 13, 1962, as typical eligible and ineligible items of taxi- amended by Amdt. 151–8, 30 FR 8040, June 23, way paving as covered by § 151.81 of this 1965; Amdt. 151–17, 31 FR 16525, Dec. 28, 1966] chapter: VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00731 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 151, App. E Typical Eligible Items port lighting covered by §§ 151.86 and 151.87 of this chapter: 1. Basic types of pavement listed as eligi- ble under § 151.77.

Typical Eligible Items 2. Taxiway providing access to ends and in- 1. Runway edge lights (high intensity, me- termediate points of eligible runways.

dium intensity, and low intensity).

3. Bleed-off taxiways.

2. In-runway lighting (touchdown zone 4. Bypass taxiways.

lighting system, centerline lighting system, 5. Run-up pads.

and exit taxiway lighting system).

6. Primary taxiway systems providing ac- 3. Taxiway lights.

cess to hangar areas and other building areas 4. Taxiway guidance signs.

delineated on approved airport layout plan.

5. Obstruction lights.

7. Secondary taxiways providing access to 6. Apron floodlights.

groups of individual storage hangars and/or 7. Beacons.

multiple-unit tee hangars.

8. Wind and landing direction indicators.

9. Electrical ducts and manholes.

Typical Ineligible Items 10. Transformer or generator vaults.

1. Basic types of pavement listed as ineli- 11. Control panels for field lighting.

gible under § 151.77.

12. Control equipment for field lighting.

2. Taxiways providing access to an area not 13. Auxiliary power.

offering aircraft storage and/or service to the 14. Lighting offsite obstructions.

public.

15. Electrical vaults for field lighting.

3. Lead-ins to individual storage hangars.

Typical Ineligible Items [Docket 1329, 27 FR 12360, Dec. 13, 1962, as 1. Electronic navigation aids.

amended by Amdt. 151–8, 30 FR 8040, June 23, 2. Approach lights.

1965] 3. Horizon lights.

4. Isolated repair and reconstruction of air- A PPENDIX E TO P ART 151 port lighting.

There is set forth below an itemization of 5. Lighting of public parking area for pas- typical eligible and ineligible items of apron senger automobiles.

paving as covered by § 151.83 of this chapter: 6. Street or road lighting.

[Docket 1329, 27 FR 12360, Dec. 13, 1962, as Typical Eligible Items amended by Amdt. 151–24, 33 FR 12545, Sept.

1. Basic types of pavement listed as eligi- 5, 1968; Amdt. 151–35, 34 FR 13699, Aug. 27, ble under § 151.77.

1969] 2. Loading ramps.

3. Aprons available for public parking, A PPENDIX G TO P ART 151 storage, and service or a combination of any There is set forth below an itemization of of the three.

typical eligible and ineligible items of road 4. Aprons serving hangars used for public construction covered by § 151.89 of this chap- storage of aircraft or service to the public, or ter: both.

5. Aprons for cargo buildings used for pub- Typical Eligible Items lic storage or service to the public, or both.

1. Entrance roads.

Typical Ineligible Items 2. Service roads for access to public areas.

3. Service roads for airport maintenance 1. Basic types of pavement listed as ineli- (including perimeter airport service road gible under § 151.77.

within airport boundary and not for general 2. Aprons serving installations for non- public access).

public use.

4. Relocation of roads to permit airport de- 3. Paving inside a hangar or on the pro- velopment or expansion or to remove ob- posed site of a hangar.

structions.

4. Aprons for cargo buildings not under Item 5 of the ‘‘Typical Eligible Items’’.

Typical Ineligible Items 5. Apron services (pits or pipes for chemi- cals) will not be eligible. 1. Offsite roads.

2. Roads to areas of exclusive use.

[Docket 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt. 151–17, 31 FR 16525, Dec. [Docket 1329, 27 FR 12360, Dec. 13, 1962] 28, 1966] A PPENDIX H TO P ART 151 A PPENDIX F TO P ART 151 There is set forth below the contract provi- There is set forth below an itemization of sion required by the regulations of the Sec- typical eligible and ineligible items of air- retary of Labor in part 5 of title 29 of the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00732 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT Pt. 151, App. H Code of Federal Regulations. Section recommendation of the FAA shall be referred 151.49(a) requires sponsors to insert this pro- to the Secretary of Labor for determination vision in full in each construction contract. (29 CFR 5.5(a)(1)(iii)).

(4) If the contractor does not make pay- PROVISION REQUIRED BY THE REGULATIONS OF ments to a trustee or other third person, he THE SECRETARY OF LABOR may consider as part of the wages of any la- borer or mechanic the amount of any costs A. Minimum wages. (1) All mechanics and reasonably anticipated in providing benefits laborers employed or working upon the site under a plan or program of a type expressly of the work will be paid unconditionally and listed in the wage determination decision of not less often than once a week, and without the Secretary of Labor which is a part of this subsequent deduction or rebate on any ac- contract: Provided, however, The Secretary of count (except such payroll deductions as are Labor has found, upon the written request of permitted by regulations issued by the Sec- the contractor, that the applicable standards retary of Labor under the Copeland Act [29 of the Davis-Bacon Act have been met. The CFR part 3]), the full amounts due at time of Secretary of Labor may require the con- payment computed at wage rates not less tractor to set aside in a separate account as- than those contained in the wage determina- sets for the meeting of obligations under the tion decision(s) of the Secretary of Labor plan or program.

which is (are) attached hereto and made a B. Withholding: FAA from sponsor. Pursuant part hereof, regardless of any contractual re- to the terms of the grant agreement between lationship which may be alleged to exist be- the United States and [insert sponsor’s tween the contractor and such laborers and name], relating to Federal-aid Airport mechanics; and the wage determination deci- Project No. __ , and part 151 of the Federal sion(s) shall be posted by the contractor at Aviation Regulations (14 CFR part 151), the the site of the work in a prominent place FAA may withhold or cause to be withheld where it (they) can be easily seen by the from the [insert sponsor’s name] so much of workers. For the purpose of this paragraph, the accrued payments or advances as may be contributions made or costs reasonably an- considered necessary to pay laborers and me- ticipated under section 1(b)(2) of the Davis- chanics employed by the contractor or any Bacon Act on behalf of laborers or mechanics subcontractor on the work the full amount are considered wages paid to such laborers or of wages required by this contract. In the mechanics, subject to the provisions of sub- event of failure to pay any laborer or me- paragraph (4) below. Also for the purpose of chanic employed or working on the site of this paragraph, regular contributions made the work all or part of the wages required by or costs incurred for more than a weekly pe- this contract, the FAA may, after written riod under plans, funds, or programs, but notice to the [insert sponsor’s name], take covering the particular weekly period, are such action as may be necessary to cause the deemed to be constructively made or in- suspension of any further payment or ad- curred during such weekly period (29 CFR vance of funds until such violations have 5.5(a)(1)(i)).

ceased (29 CFR 5.5(a)(2)).

(2) Any class of laborers or mechanics which is not listed in the wage determina- C. Payrolls and basic records. (1) Payrolls tion(s) and which is to be employed under and basic records relating thereto will be the contract, shall be classified or reclassi- maintained during the course of the work fied comformably to the wage determina- and preserved for a period of three years tion(s), and a report of the action taken shall thereafter for all laborers and mechanics be sent by the [insert sponsor’s name] to the working at the site of the work. Such FAA for approval and transmittal to the records will contain the name and address of Secretary of Labor. In the event that the in- each such employee, his correct classifica- terested parties cannot agree on the proper tion, rates of pay (including rates of con- classification or reclassification of a par- tributions or costs anticipated of the types ticular class of laborers and mechanics to be described in section 1(b)(2) of the Davis- used, the question accompanied by the rec- Bacon Act), daily and weekly number of ommendation of the FAA shall be referred to hours worked, deductions made and actual the Secretary of Labor for final determina- wages paid. Whenever the Secretary of Labor tion (29 CFR 5.5(a)(1)(ii)). has found, under 29 CFR 5.5(a)(1)(iv) (see sub- (3) Whenever the minimum wage rate pre- paragraph (4) of subparagraph (A) above), scribed in the contract for a class of laborers that the wages of any laborer or mechanic or mechanics includes a fringe benefit which include the amount of any costs reasonably is not expressed as an hourly wage rate and anticipated in providing benefits under a the contractor is obligated to pay a cash plan or program described in section equivalent of such a fringe benefit, an hourly 1(b)(2)(B) of the Davis-Bacon Act, the con- cash equivalent thereof shall be established. tractor shall maintain records which show In the event the interested parties cannot that the commitment to provide such bene- agree upon a cash equivalent of the fringe fits is enforceable, that the plan or program benefit, the question, accompanied by the is financially responsible, and that the plan VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00733 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 151, App. H or program has been communicated in writ- Secretary of Labor which are herein incor- ing to the laborers or mechanics affected, porated by reference (29 CFR 5.5(a)(5)).

and records which show the costs anticipated F. Overtime requirements. No contractor or or the actual cost incurred in providing such subcontractor contracting for any part of benefits (29 CFR 5.5(a)(3)(i)). the contract work which may require or in- volve the employment of laborers or me- (2) The contractor will submit weekly a chanics shall require or permit any laborer copy of all payrolls to the [insert sponsor’s or mechanic in any workweek in which he is name] for transmission to the FAA, as re- employed on such work to work in excess of quired by § 151.53(a). The copy shall be ac- eight hours in any calendar day or in excess companied by a statement signed by the em- of forty hours in such workweek unless such ployer or his agent indicating that the pay- laborer or mechanic received compensation rolls are correct and complete, that the wage at a rate not less than one and one-half rates contained therein are not less than times his basic rate of pay for all hours those determined by the Secretary of Labor worked in excess of eight hours in any cal- and that the classifications set forth for each endar day or in excess of forty hours in such laborer or mechanic conform with the work workweek, as the case may be (29 CFR he performed. A submission of a ‘‘Weekly 5.5(c)(1)).

Statement of Compliance’’ which is required G. Violations; liability for unpaid wages; liq- under this contract and the Copeland regula- uidated damages. In the event of any viola- tions of the Secretary of Labor (29 CFR part tion of paragraph F of this provision, the 3) and the filing with the initial payroll or contractor and any subcontractor respon- any subsequent payroll of a copy of any find- sible therefore shall be liable to any affected ings by the Secretary of Labor, under 29 CFR employee for his unpaid wages. In addition, 5.5(a)(1)(iv) (see subparagraph (4) of para- such contractor and subcontractor shall be graph (A) above), shall satisfy this require- liable to the United States for liquidated ment. The prime contractor shall be respon- damages. Such liquidated damages shall be sible for the submission of copies of payrolls computed, with respect to each individual la- of all subcontractors. The contractor will borer or mechanic employed in violation of make the records required under the labor said paragraph F of this provision, in the standards clauses of the contract available sum of $10 for each calendar day on which for inspection by authorized representatives such employee was required or permitted to of the FAA and the Department of Labor, work in excess of eight hours or in excess of and will permit such representatives to the standard workweek of forty hours with- interview employees during working hours out payment of the overtime wages required on the job (29 CFR 5.5(a)(3)(ii)).

by said paragraph F of this provision (29 CFR D. Apprentices. Apprentices will be per- 5.5 (c)(2)).

mitted to work as such only when they are H. Withholding for unpaid wages and liq- registered, individually, under a bona fide uidated damages, and priority of payment (1) apprenticeship program registered with a The FAA may withhold or cause to be with- State apprenticeship agency which is recog- held, from any moneys payable on account of nized by the Bureau of Apprenticeship and work performed by the contractor or subcon- Training, United States Department of tractor, such sums as may administratively Labor; or, if no such recognized agency ex- be determined to be necessary to satisfy any ists in a State, under a program registered liabilities of such contractor or subcon- with the Bureau of Apprenticeship and tractor for unpaid wages and liquidated dam- Training, United States Department of ages as provided in paragraph G of this pro- Labor. The allowable ratio of apprentices to vision (29 CFR 5.5(c)(3)).

journeymen in any craft classification shall (2) In the event of failure or refusal of the not be greater than the ratio permitted to contractor or any subcontractor to comply the contractor as to his entire work force with overtime pay requirements of the Con- under the registered program. Any employee tract Work Hours Standards Act, if the funds listed on a payroll at an apprentice wage withheld by the FAA for the violations are rate, who is not registered as above, shall be not sufficient to pay fully both the unpaid paid the wage rate determined by the Sec- wages due laborers and mechanics and the retary of Labor for the classification of work liquidated damages due the United States, he actually performed. The contractor or the available funds shall be used first to subcontractor will be required to furnish to compensate the laborers and mechanics for the [insert sponsor’s name] written evidence the wages to which they are entitled (or an of the registration of his program and ap- equitable portion thereof when the funds are prentices as well as of the appropriate ratios not adequate for this purpose); and the bal- and wage rates, for the area of construction ance, if any, shall be used for the payment of prior to using any apprentices on the con- liquidated damages (29 CFR 5.14 (d)(2)).

tract work (29 CFR 5.5(a)(4)).

I. Subcontracts. The contractor will insert E. Compliance with Copeland Regulations. in each of his subcontracts the clauses con- The contractor shall comply with the tained in paragraphs A through H and J of Copeland Regulations (29 CFR part 3) of the this provision, and also a clause requiring VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00734 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT Pt. 151, App. I [Lists of Advisory Circulars incorporated by § 151.72: (a) the subcontractors to include these provi- Circulars available free of charge. ] sions in any lower tier subcontracts which they may enter into, together with a clause Number Subject requiring this insertion in any further sub- contracts that may in turn be made (29 CFR AC 150/5345–11 .. Specification for L–812 Static Indoor 5.5(a)(6), 5.5(c)(4)). Type Constant Current Regulator As- sembly, 4 KW and 7 ⁄2 KW, with J. Contract termination; debarment. A breach Brightness Control for Remote Oper- of paragraphs A through I of this provision ation.

may be grounds for termination of the con- AC 150/5345–12 .. Specification for L–801 Beacon for Small tract. A breach of paragraphs A through E Airports.

and I may also be grounds for debarment as AC 150/5345–13 .. Specification for L–841 Auxiliary Relay provided in 29 CFR 5.6 of the regulations of Cabinet Assembly for Pilot Control of Airport Lighting Circuits.

the Secretary of Labor (29 CFR 5.5(a)(8)).

AC 150/5345–14 .. Specification for L–827 ‘‘A’’ Frame [Docket 6387, 29 FR 18002, Dec. 18, 1964, as Hinged Support for 12–Foot Wind amended by Amdt. 151–9, 30 FR 14197, Nov. 11, Cone.

1965; Amdt. 151–38, 35 FR 5112, Mar. 26, 1970] AC 150/5345–15 .. Specification for L–842 Airport Center- line Light.

AC 150/5345–16 .. Specification for L–843 Airport In-Run- A PPENDIX I TO P ART 151 way Touchdown Zone Light.

[Lists of Advisory Circulars incorporated by § 151.72: (a) AC 150/5345–17 .. Specification for L–845 Semiflush Inset Circulars available free of charge. ] Prismatic Airport Light.

AC 150/5345–18 .. Specification for L–811 Static Indoor Number Subject Type Constant Current Regulator As- sembly, 4 KW; With Brightness Con- AC 150/5300–3 .... Adaptation of TSO-N18 Criterion to trol and Runway Selection for Direct Clearways and Stopways.

Operation.

AC 150/5325–2A Airport Surface Areas Gradient Stand- AC 150/5345–19 .. Specification for L–838 Semiflush Pris- ards.

matic Airport Light.

AC 150/5325–4 .... Runway Length Requirements for Airport AC 150/5345–20 .. Specification for L–802 Runway and Design.

Strip Light.

AC 150/5330–2 .... Runway/Taxiway Widths and Clear- AC 150/5345–21 .. Specification for L–813 Static Indoor ances.

Type Constant Current Regulator As- AC 150/5335–1 .... Airway Taxiways.

sembly; 4 KW and 7 ⁄ 2 KW; for Re- AC 150/5340–1A Marking of Serviceable Runways and mote Operation of Taxiway Lights.

Taxiways.

AC 150/5345–22 .. Specification for L–834 Individual Lamp AC 150/5340–3 .... Configuration Details of In-Runway Series-to-Series Type Insulating Lighting: Touchdown Zone, Runway Transformer for 5,000 Volt Series Cir- Centerline, and Taxiway Turnoff Light- cuit.

ing Systems.

AC 150/5345–23 .. Specification for L–822 Taxiway Edge AC 150/5340–4A Installation Details for Centerline and Light.

Touchdown Zone Lighting Systems.

AC 150/5345–24 .. Specification for L–849 Condenser Dis- AC 150/5340–5 .... Segmented Circle Airport Marker Sys- charge Type Flashing Light.

tem.

AC 150/5345–25 .. Specification for L–848 Medium Intensity AC 150/5340–7 .... Marking of Deceptive, Closed, and Haz- Approach Light Bar Assembly.

ardous Areas on Airports.

AC 150/5345–26 .. Specification for L–823 Plug and Recep- AC 150/5340–13 .. High Intensity Lighting System.

tacle, Cable Connectors.

AC 150/5340–14 .. Economy Approach Lighting Aids.

AC 150/5345–27 .. Specification for L–807 Eight-Foot Illumi- AC 150/5340–15 .. Taxiway Lighting System.

nated Wind Cone.

AC 150/5345–1A Approved Airport Lighting Equipment.

AC 150/5345–30 .. Specification for L–846 Electrical Wire AC 150/5345–2 .... Specification for L–810 Obstruction for Lighting Circuits To Be Installed in Light.

Airport Pavements.

AC 150/5345–3 .... Specification for L–821 Airport Lighting AC 150/5345–31 .. Specification for L–833 Individual Lamp Panel for Remote Control of Airport Series-to-Series Type Insulating Lighting.

Transformer for 600 Volt or 3,000 Volt AC 150/5345–4 .... Specification for L–829 Internally Lighted Series Circuits.

Airport Taxi Guidance Sign.

AC 150/5345–32 .. Specification for L–837 Large-Size Light AC 150/5345–5 .... Specification for L–847 Circuit Selector Base and Transformer Housing.

Switch, 5000 Volt 20 Ampere.

AC 150/5345–33 .. Specification for L–844 Individual Lamp AC 150/5345–6 .... Specification for L–809 Airport Light Series-to-Series Type Insulating Base and Transformer Housing.

Transformer for 5,000 Volt Series Cir- AC 150/5345–7 .... Specification for L–824 Underground cuit 20/6.6 Amperes 200 Watt.

Electrical Cables for Airport Lighting AC 150/5345–34 .. Specification for L–839 Individual Lamp Circuits. Series-to-Series Type Insulating AC 150/5345–8 .... Specification for L–840 Low Intensity Transformer for 5,000 Volt Series Cir- Runway, Landing Strip and Taxiway cuit 6.6/20 Amperes 300 Watt.

Light. AC 150/5345–35 .. Specification for L–816 Circuit Selector AC 150/5345–9A Specification for L–819 Fixed Focus Cabinet Assembly for 600 Volt Series Bidirectional High Intensity Runway Circuits.

Light. AC 150/5345–36 .. Specification for L–808 Lighted Wind Tee.

AC 150/5345–10A Specification for L–828 Constant Current Regulator with Stepless Brightness AC 150/5345–37A FAA Specification L–850, Light Assem- Control. bly, Airport Runway, Centerline.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00735 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 152 [Lists of Advisory Circulars incorporated by § 151.72: (a) 152.309 Availability of sponsor’s records.

Circulars available free of charge. ] 152.311 Availability of contractor’s records.

152.313 Property management standards.

Number Subject 152.315 Reporting on accrual basis.

AC 150/5370–3 .... Materials and Tests Required by AC 152.317 Report of Federal cash transactions.

150/5370–1, Standard Specifications 152.319 Monitoring and reporting of program for Construction of Airports.

performance.

AC 150/5310–1 .... Preparation of Airport Layout Plans.

152.321 Notice of delay or acceleration.

(b) Circulars for sale at the price stated.

152.323 Budget revision: Airport develop- AC 150/5370–1 .... Standard Specifications for Construction ment.

of Airports; $2.75.

152.325 Financial status report: Airport AC 150/5370–1, Standard Specifications for Construction planning.

CH 1. of Airports; $0.35.

Subpart E—Nondiscrimination in Airport Aid [Amdt. 151–13, 31 FR 11606, Sept. 2, 1966, as Program amended by Amdt. 151–15, 31 FR 13423, Oct.

18, 1966] 152.401 Applicability.

152.403 Definitions.

152.405 Assurances.

PART 152—AIRPORT AID PROGRAM 152.407 Affirmative action plan: General.

152.409 Affirmative action plan standards.

Subpart A—General 152.411 Affirmative action steps.

152.413 Notice requirement.

Sec.

152.415 Records and reports.

152.1 Applicability.

152.417 Monitoring employment.

152.3 Definitions.

152.419 Minority business.

152.5 Exemptions.

152.421 Public accommodations, services, 152.7 Certifications.

and benefits.

152.9 Forms.

152.423 Investigation and enforcement.

152.11 Incorporation by reference.

152.425 Effect of subpart.

Subpart B—Eligibility Requirements and Subpart F—Suspension and Termination of Application Procedures Grants 152.101 Applicability.

152.103 Sponsors: Airport development. 152.501 Applicability.

152.105 Sponsors and planning agencies: Air- 152.503 Suspension of grant.

port planning.

152.505 Termination for cause.

152.107 Project eligibility: Airport develop- 152.507 Termination for convenience.

ment.

152.509 Request for reconsideration.

152.109 Project eligibility: Airport planning.

152.111 Application requirements: Airport Subpart G—Energy Conservation in Airport development.

Aid Program 152.113 Application requirements: Airport planning.

152.601 Purpose.

152.115 Grant agreement: Offer, acceptance, 152.603 Applicability.

and amendment.

152.605 Definitions.

152.117 Public hearings.

152.607 Building design requirements.

152.119 Contract requirements and procure- 152.609 Energy conservation practices.

ment standards.

A PPENDIX A TO P ART 152—C ONTRACT AND L ABOR P ROVISIONS Subpart C—Funding of Approved Projects A PPENDIX B TO P ART 152—L IST OF A DVISORY C IRCULARS INCORPORATED BY § 152.11 152.201 Applicability.

APPENDIX C TO P ART 152—P ROCUREMENT PRO - 152.203 Allowable project costs.

CEDURES AND R EQUIREMENTS 152.205 United States share of project costs.

A PPENDIX D TO P ART 152—A SSURANCES 152.207 Proceeds from disposition of land.

152.209 Grant payments: General.

A UTHORITY : 49 U.S.C. 106(g), 47106, 47127.

152.211 Grant payments: Land acquisition.

S OURCE : Docket 19430, 45 FR 34784, May 22, 152.213 Grant closeout requirements.

1980, unless otherwise noted.

Subpart D—Accounting and Reporting Requirements Subpart A—General 152.301 Applicability.

§ 152.1 Applicability.

152.303 Financial management system.

This part applies to airport planning 152.305 Accounting records.

152.307 Retention of records. and development under the Airport and VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00736 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR