14 CFR Part 152 — Airport Aid Program

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 Federal Aviation Administration, DOT § 152.3 Airway Development Act of 1970, as any such work or to remove or miti- amended (49 U.S.C. 1701 et seq. ). gate or prevent or limit the establish- ment of, airport hazards; and § 152.3 Definitions.

(3) Any acquisition of land or of any interest therein necessary to insure The following are definitions of that such land is used only for purposes terms used throughout this part: which are compatible with the noise AADA means the Airport and Airway levels of the operation of a public air- Development Act of 1970, as amended port.

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

Airport hazard means any structure Air carrier airport means— (1) An existing public airport regu- or object of natural growth located on larly served, or a new public airport or in the vicinity of a public airport, or that the Administrator determines will any use of land near a public airport, be regularly served, by an air carrier, that— other than a charter air carrier, certifi- (1) Obstructs the airspace required cated by the Civil Aeronautics Board for the flight of aircraft landing or tak- under section 401 of the Federal Avia- ing off at the airport; or tion Act of 1958; and (2) Is otherwise hazardous to aircraft (2) A commuter service airport. landing or taking off at the airport.

Airport means— Airport layout plan means a plan for (1) Any area of land or water that is the layout of an airport, showing exist- used, or intended for use, for the land- ing and proposed airport facilities.

ing and takeoff of aircraft; Airport master planning means the de- (2) Any appurtenant areas that are velopment for planning purposes of in- used, or intended for use, for airport formation and guidance to determine buildings, other airport facilities, or the extent, type, and nature of develop- rights-of-way; and ment needed at a specific airport.

(3) All airport buildings and facilities Airport system planning means the de- located on the areas specified in this velopment for planning purposes of in- definition. formation and guidance to determine Airport development means— the extent, type, nature, location, and (1) Any work involved in con- timing of airport development needed structing, improving, or repairing a in a specific area to establish a viable public airport or portion thereof, in- and balanced system of public airports.

cluding the removal, lowering, reloca- Audit means the examination and tion, and marking and lighting or air- verification of part or all of the docu- port hazards, and including navigation mentary evidence supporting an item aids used by aircraft landing at, or tak- of project cost in accordance with At- ing off from, a public airport, and in- tachment P of Office of Management cluding safety equipment required by and Budget Circular A–102 (44 FR rule or regulation for certification of 60958).

the airport under section 612 of the Commuter service airport means an air Federal Aviation Act of 1958, and secu- carrier airport— rity equipment required of the sponsor (1) That is not served by an air car- by the FAA by rule or regulation for rier certificated under section 401 of the safety and security of persons or the Federal Aviation Act of 1958; property on the airport, and including (2) That is regularly served by one or snow removal equipment, and includ- more air carriers operating under an ing the purchase of noise suppressing exemption granted by the Civil Aero- equipment, the construction of phys- nautics Board from section 401(a) of the ical barriers, and landscaping for the Federal Aviation Act of 1958; and purpose of diminishing the effect of (3) At which not less than 2,500 pas- aircraft noise on any area adjacent to a sengers were enplaned during the pre- public airport. ceding calendar year by air carriers op- (2) Any acquisition of land or of any erating under an exemption from sec- interest therein, or of any easement tion 401(a).

through or other interest in airspace, Force account means— including land for future airport devel- (1) The sponsor’s or planning agen- opment, which is necessary to permit cy’s own labor force; or VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00737 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.3 (2) The labor force of another public sponsor specifically in connection with agency acting as an agent of the spon- the accomplishment of a project for sor or planning agency. airport development, that would not General aviation airport means a pub- have been incurred otherwise.

lic airport other than an air carrier Public agency means— airport. (1) A state, the Commonwealth of Landing area means an area used, or Puerto Rico, the Virgin Islands, Amer- intended to be used, for the landing, ican Samoa, the Trust Territory of the takeoff, or surface maneuvering of air- Pacific Islands, the Government of the craft. Northern Marianas, Guam, or any NASP means the National Airport agency of those entities; System Plan. (2) A municipality or other political National Airport System Plan means subdivision; the plan for the development of public (3) A tax-supported organization; or airports in the United States formu- (4) An Indian tribe or pueblo.

lated by the Administrator under sec- Public airport means any airport tion 12 of the AADA. that— Nonrevenue producing public-use areas (1) Is used, or intended to be used, for means areas that are directly related public purposes; to the movement of passengers and (2) Is under the control of a public baggage in air commerce within the agency; and boundaries of the airport. (3) Has a property interest satisfac- Passengers enplaned means— tory to the Administrator in the land- (1) United States domestic, terri- ing area.

torial, and international revenue pas- Reliever airport means a general avia- senger enplanements in scheduled and tion airport designated by the Admin- nonscheduled service of air carriers; istrator as having the primary function and of relieving congestion at an air carrier (2) Revenue passenger enplanements airport by diverting from that airport by foreign air carriers in intrastate and general aviation traffic.

interstate commerce. Runway clear zone means an area at Planning agency means a planning ground level underlying a portion of agency designated by the Adminis- the approach surface specified in the trator that is authorized by the laws of standards incorporated into this part a State, the Commonwealth of Puerto by § 152.11.

Rico, the Virgin Islands, American Satisfactory property interest means— Samoa, the Trust Territory of the Pa- (1) Title free and clear of any rever- cific Islands, or Guam, or by the laws sionary interest, lien, easement, lease, of a political subdivision of any of or other encumbrance that, in the those entities, to engage in areawide opinion of the Administrator would— planning for the areas in which assist- (i) Create an undue risk that it might ance under this part is to be used. deprive the sponsor of possession or Project means a project for the ac- control; complishment of airport development, (ii) Interfere with the use of the air- airport master planning, or airport sys- port for public airport purposes; or tem planning. (iii) Make it impossible for the spon- Project costs means any costs involved sor to carry out the agreements and in accomplishing a project. convenants in its grant application; Project formulation costs means, with (2) Unless a shorter term is author- respect to projects for airport develop- ized by the Administrator, a lease of ment, any necessary costs of formu- not less than 20 years granted to the lating a project including— sponsor by another public agency, or (1) The costs of field surveys and the the United States, that has title as de- preparation of plans and specifications; scribed in paragraph (1) of this defini- (2) The acquisition of land or inter- tion, on terms that the Administrator ests in land, or easement through or considers satisfactory; other interests in airspace; and (3) In the case of an off-airport area, (3) Any necessary administrative or title or an agreement, easement, lease- other incidental costs incurred by the hold or other right or property interest VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00738 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.5 that, in the Administrator’s opinion, cific provision of, or the purpose of, the provides reasonable assurance that the AADA, or any other applicable Federal sponsor will not be deprived of its right law.

to use the land for the intended pur- (c) Each petition filed under this sec- pose during the period necessary to tion must— meet the requirements of the grant (1) Unless otherwise authorized by agreement; or the Regional Director concerned, be (4) In the case of a runway clear zone, submitted not less than 60 days before an easement or a covenant running the proposed effective date of the ex- with the land, giving the airport oper- emption; ator or owner enough control to rid the (2) Be submitted in duplicate to the clear zone of all airport hazards and FAA Regional Office or Airports Dis- prevent the creation of future airport trict Office having jurisdiction over hazards.

the area in which the airport is lo- Sponsor means any public agency cated; that, whether individually or jointly (3) Contain the text or substance of with one or more other public agencies, the rule from which the exemption is submits to the Administrator, in ac- sought; cordance with this part, an application for financial assistance. (4) Explain the nature and extent of Stage development means airport de- the relief sought; and velopment accomplished under stage (5) Contain any information, views, construction over not less than two or arguments in support of the exemp- years where the sponsor assures that tion.

any development not funded under the (d) The Regional Director concerned initial grant agreement will be com- either grants or denies the exemption pleted with or without Federal funds.

and notifies the petitioner of the deci- State means a State of the United sion. The FAA publishes a summary of States or the District of Columbia.

the grant or denial of petition for ex- Terminal development means airport emption in the F EDERAL REGISTER .

development in the nonrevenue pro- The summary includes— ducing public-use areas which are asso- (1) The docket number of the peti- ciated with the terminal and which are tion; directly related to the movement of passengers and baggage in air com- (2) The name of the petitioner; merce within the boundaries of the air- (3) A citation of each rule from which port, including, but not limited to, ve- relief is requested; hicles for the movement of passengers (4) A brief description of the general between terminal facilities and air- nature of the relief requested; and craft.

(5) The disposition of the petition.

Unified Planning Work Program means (e) Official FAA records, including a single document prepared by a local grants and denials of exemptions, re- areawide planning agency that identi- lating to petitions for exemption are fies all transportation and related maintained in current docket form in planning activities that will be under- the Office of the Regional Counsel for taken within the metropolitan area the region concerned.

during a one-year or two-year period.

(f) Any interested person may— (1) Examine any docketed material § 152.5 Exemptions.

at the Office of the Regional Counsel, (a) Except as provided in paragraph at any time after the docket is estab- (b) of this section, any interested per- lished, except material that is ordered son may petition the Regional Director withheld from the public under section concerned for a temporary or perma- 1104 of the Federal Aviation Act of 1958 nent exemption from any requirement (49 U.S.C. 1504); and of this part.

(2) Obtain a photostatic or similar (b) The Regional Director concerned copy of docketed material upon paying does not issue an exemption from any rule of this part if the grant of exemp- the same fee as that prescribed in 49 tion would be inconsistent with a spe- CFR part 7.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00739 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.7 Director, in instances where the au- § 152.7 Certifications.

thority has not been specifically re- (a) Subject to such terms and condi- served by the Director, Office of Air- tions as the Administrator may pre- port Standards.

scribe, a sponsor or a planning agency (c) State standards. Standards estab- may submit, with respect to any provi- lished by a state for airport develop- sion of this part implementing a statu- ment at general aviation airports in tory or administrative requirement im- the state may be the standards applica- posed on the sponsor or planning agen- ble to those airports when they have cy under the AADA, a certification been approved by the Director, Office that the sponsor or planning agency of Airport Standards, or the appro- has complied or will comply with the priate Regional Director, in instances provision, instead of making the show- where approval authority has not been ing required.

(b) The Administrator exercises dis- specifically reserved by the Director, cretion in determining whether to ac- Office of Airport Standards.

cept a certification.

(d) Availability of advisory circulars.

(c) Acceptance by the Administrator The advisory circulars listed in appen- of a certification from a sponsor or dix B may be inspected and copied at planning agency may be rescinded by any FAA Regional Office or Airports the Administrator at any time if, in District Office. Copies of the circulars the Administrator’s opinion, it is nec- that are available free of charge may essary to do so.

be obtained from any of those offices or (d) If the Administrator determines from the FAA Distribution Unit, M– that it is necessary, the sponsor or 443.1, Washington, DC 20590. Copies of planning agency, on request, shall the circulars that are for sale may be show compliance with any requirement bought from the Superintendent of for which a certification was accepted.

Documents, U.S. Government Printing Office, Washington, DC 20402.

§ 152.9 Forms.

Any form needed to comply with this Subpart B—Eligibility Requirements part may be obtained at any FAA Re- and Application Procedures gional Office or Airports District Of- fice.

S OURCE : Docket 19430, 45 FR 34786, May 22, § 152.11 Incorporation by reference.

1980, unless otherwise noted.

(a) Mandatory standards. The advisory § 152.101 Applicability.

circulars listed in appendix B to this part are incorporated into this part by This subpart contains requirements reference. The Director, Office of Air- and application procedures applicable port Standards, determines the scope to airport development and planning and content of the technical standards projects.

to be included in each advisory circular in appendix B, and may add to, or de- § 152.103 Sponsors: Airport develop- lete from, appendix B any advisory cir- ment.

cular or part thereof. Except as pro- (a) To be eligible to apply for a vided in paragraph (c) of this section, project for airport development with these guidelines are mandatory stand- respect to a particular airport the fol- ards.

lowing requirements must be met: (b) Modification of standards. When (1) Each sponsor must be a public necessary to meet local conditions, any agency authorized by law to submit the technical standard set forth in appen- project application; dix B may be modified for individual (2) If a sponsor is the holder of an air- projects, if it is determined that the port operating certificate issued for the modifications will provide an accept- airport under part 139 of this chapter, able level of safety, economy, dura- it must be in compliance with the re- bility, and workmanship. The deter- quirements of part 139.

mination and modification may be made by the Director, Office of Airport (3) When any of the following agree- Standards, or the appropriate Regional ments is applicable to an airport which VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00740 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.109 the sponsor owns or controls, the spon- funds in accordance with state or local sor must have complied with the agree- law, without becoming a sponsor.

ment, or show to the satisfaction of the § 152.107 Project eligibility: Airport de- Administrator that it will comply or, velopment.

for reasons beyond its control, cannot comply with the agreement: (a) Except in the case of approved (i) Each grant agreement made with stage development, each project for it under the Federal Airport Act (49 airport development must provide for— U.S.C. 1101 et seq. ), or the AADA.

(1) Development of an airport or unit (ii) Each convenant in a conveyance of an airport that is safe, useful, and to it under section 16 of the Federal usable; or, Airport Act or section 23 of the AADA.

(2) An additional facility that in- (iii) Each convenant in a conveyance creases the safety, usefulness, and to it of surplus airport property under usability of an airport.

section 13(a) of the Surplus Property (b) Unless otherwise authorized by Act (50 U.S.C. App 1622(g)) or under the Administrator, a project for airport Regulation 16 of the War Assets Ad- development must involve more than ministration.

$25,000 in United States funds.

(4) The sponsor, in the case of a sin- (c) The development included in a gle sponsor, or one or more of the co- project for airport development must— sponsors must have, or be able to ob- (1) In the opinion of the Adminis- tain— trator, be ‘‘airport development’’ as de- (i) Funds to pay all estimated costs fined in § 152.3; of the project that are not to be born (2) Be identified as airport develop- by the United States; and ment in the mandatory standards in- (ii) Satisfactory property interests in corporated into this part by § 152.11; the lands to be developed or used as and part of, or in connection with, the air- port as it will be after the project is (3) Be described in an approved air- completed. port layout plan.

(b) Another public agency may act as (d) The airport involved in a project agent of the public agency that is to for airport development must be in- own and operate the airport, for the cluded in the current NASP.

purpose of channeling grant funds in (e) In complying with paragraph (a) accordance with state or local law, of this section, the sponsor must— without becoming a sponsor.

(1) Own, acquire, or agree to acquire control over, or a property interest in, § 152.105 Sponsors and planning agen- runway clear zones that the Adminis- cies: Airport planning.

trator considers adequate; and (a) To be eligible to apply for a (2) Provide for approach and runway project for airport planning— lighting systems satisfactory to the (1) If the project is for airport master Administrator.

planning— (i) Each sponsor must be a public § 152.109 Project eligibility: Airport agency and meet the requirements of planning.

§ 152.103(a)(3); and (a) Airport master planning. A pro- (ii) The sponsor, in the case of a sin- posed project for airport master plan- gle sponsor, or one or more cosponsors ning is not approved unless— must be legally able to implement the (1) The location of the existing or planning, within the existing or pro- proposed airport is included in the cur- posed airport boundaries, that results rent NASP; from the project study.

(2) In the opinion of the Adminis- (2) If the project is for airport system trator, the proposed planning would planning, each sponsor must be a plan- promote the effective location of public ning agency.

airports and the development of an (b) Another public agency or plan- adequate NASP; ning agency may act as agent of an- other public agency or planning agen- (3) The project is airport master cy, for the purpose of channeling grant planning as defined in § 152.3; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00741 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.111 (4) If the project has been determined required by paragraph (b) of this sec- to have areawide significance by an ap- tion must be accompanied by the fol- propriate areawide agency, it has been lowing: incorporated into a unified planning (1) A list of the items of airport de- work program; and velopment requested for programming, (5) In the case of a proposed project together with an itemized estimated for airport master planning in a large cost of the work involved.

or medium air traffic hub, in the opin- (2) A sketch or sketches of the air- ion of the Administrator— port layout indicating the location for (i) There is an appropriate system each item of work proposed, using the plan identifying the need for the air- same item numbers used in the list re- port; quired by paragraph (c)(1) of this sec- (ii) The absence of a system plan is tion.

due to the failure of the responsible (3) If the proposed project involves planning agency to proceed with its the displacement of persons or the ac- preparation; or quisition of real property, the assur- (iii) An existing system plan is not ances required by §§ 25.57 and 25.59, as acceptable. applicable, of the Regulations of the (b) Airport system planning. A pro- Office of the Secretary of Transpor- posed project for airport system plan- tation (49 CFR 25.57 and 25.59), whether ning is not approved unless— or not reimbursement is being re- (1) In the opinion of the Adminis- quested for the costs of displacement trator, the project promotes the effec- or real property acquisition.

tive location of public airports; (4) Any comments or statements re- (2) In the opinion of the Adminis- quired by appendix E, Procedures Im- trator, the project promotes the devel- plementing Office of Management and opment of an adequate NASP; Budget Circular A–95, to this part, with (3) The project is airport system a showing that they have been consid- planning as defined in § 152.3; and ered by the sponsor.

(4) When the project encompasses a (5) If the proposed development in- metropolitan area that includes a large volves the construction of eligible air- or medium hub airport, the project is port buildings or the acquisition of eli- incorporated in a unified planning gible fixed equipment to be contained work program. in those buildings, a statement wheth- er the proposed development will be in § 152.111 Application requirements: an area of the community that has Airport development.

been identified by the Department of (a) An eligible sponsor that desires to Housing and Urban Development as an obtain Federal aid for eligible airport area of special flood hazard as defined development must apply to the FAA in in the Flood Disaster Protection Act of accordance with this section. The spon- 1973 (42 U.S.C. 4002 et seq. ).

sor must apply on a form and in a man- (6) If the proposed development is in ner prescribed by the Administrator, an area of special flood hazard, a state- through the FAA Airports District Of- ment whether the community is par- fice or Airports Field Office having ju- ticipating in the National Flood Insur- risdiction over the area where the ance Program (42 U.S.C. 4011 et seq. ).

sponsor is located or, where there is no (7) The sponsor’s environmental as- such office, the Regional Office having sessment prepared in conformance with that jurisdiction. appendix 6 of FAA Order 1050.1C, (b) Preapplication for Federal assist- ‘‘Policies and Procedures for Consid- ance. A preapplication for Federal as- ering Environmental Impacts’’ (45 FR sistance must be submitted unless— 2244; Jan. 10, 1980), and FAA Order (1) The Federal fund request is for 5050.4, ‘‘Airport Environmental Hand- $100,000 or less; or, book’’ (45 FR 56624; Aug. 24, 1980), if an (2) The project does not include con- assessment is required by Order 5050.4.

struction, land acquisition, or land im- Copies of these orders may be exam- provement. ined in the Rules Docket, Office of the (c) Unless otherwise authorized by Chief Counsel, FAA, Washington, D.C., the Administrator, the preapplication and may be obtained on request at any VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00742 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.111 FAA regional office headquarters or mation required by paragraph (c) of any airports district office. this section.

(8) A showing that the sponsor has (2) A property map of the airport complied with the public hearing re- showing— quirements in § 152.117.

(i) The property interests of each (9) In the case of a proposed new air- sponsor in all the lands to be developed port serving any area that does not in- or used as part of, or in connection clude a metropolitan area, a showing with, the airport as it will be when the that each community in which the pro- project is completed; and posed airport is to be located has ap- (ii) All property interests acquired or proved the proposed airport site to be acquired, for which U.S. aid is re- through the body having general legis- quested under the project.

lative jurisdiction over it.

(3) With respect to all lands to be de- (10) In the case of a proposed project veloped or used as a part of, or in con- at an air carrier airport, a statement nection with, the airport (as it will be that the sponsor, in making the deci- when the project is completed) in sion to undertake the project, has con- which a satisfactory property interest sulted with air carriers using the air- is not held by a sponsor, a covenant by port.

the sponsor that it will obtain a satis- (11) In the case of a proposed project factory property interest before con- at a general aviation airport, a state- struction is begun or within a reason- ment that the sponsor, in making the able time if not needed for construc- decision to undertake the project, has tion.

consulted with fixed-base operators (4) If the proposed project involves using the airport.

the displacement of persons, the relo- (12) In the case of terminal develop- cation plan required by § 25.55 of the ment, a certification that the airport Regulations of the Office of the Sec- has, or will have, all safety and secu- retary of Transportation.

rity equipment required for certifi- (5) When the project involves an air- cation of the airport under part 139 and port location, a runway location, or a has provided, or will provide, for access major runway extension, a written cer- to the passenger enplaning and tification from the Governor of the deplaning area to passengers enplaning state in which the project may be lo- or deplaning from aircraft other than cated (or a delegatee), providing rea- air carrier aircraft.

sonable assurance that the project will (d) Allocation of funds. If the proposed be located, designed, constructed, and project for airport development is se- operated so as to comply with applica- lected by the Administrator for inclu- ble air and water quality standards.

sion in a program, a tentative alloca- (6) A statement whether any build- tion of funds is made for the project ing, installation, structure, location, and the sponsor is notified of the allo- or site of operations to be utilized in cation. The tentative allocation may the performance of the grant or any be withdrawn if the sponsor does not contract made pursuant to the grant submit a project application in accord- appears on the list of violating facili- ance with paragraph (f) of this section. ties distributed by the Environmental (e) Application for Federal assistance. Protection Agency under the provi- As soon as practicable after receiving sions of the Clean Air Act and Federal notice of a tentative allocation or, if a Water Pollution Control Act (40 CFR preapplication is not required (as pro- part 15).

vided in paragraph (b) of this section), (7) The assurances on Civil Rights re- an application for Federal assistance quired by § 21.7 of the Regulations of must be submitted.

the Office of the Secretary of Transpor- (f) Unless otherwise authorized by tation (49 CFR 21.7) and § 152.405.

the Administrator, the application re- (8) Plans and specifications for the quired by paragraph (e) of this section proposed development in accordance must be accompanied by the following: with the design and construction (1) When a preapplication has not standards listed in appendix B to this been previously submitted, the infor- part.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00743 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.113 (9) The applicable assurances re- plementing Office of Management and quired by appendix D to this part. Budget Circular A–95, to this part.

(10) If cosponsors are not willing to (2) Budget (project costs) information assume, jointly and severally, the obli- subdivided into the following func- gations imposed on them by this part tions, as appropriate, and the basis for and the grant agreement, a statement computation of these costs: satisfactory to the Administrator indi- (i) Third party contracts.

cating— (ii) Sponsor force account costs.

(i) The responsibilities of each spon- (iii) Administrative costs.

sor with respect to the accomplishment (3) A program narrative describing of the proposed project and the oper- the proposed planning project includ- ation and maintenance of the airport; ing— (ii) The obligations each will assume (i) The objective; to the United States; and (ii) The results and benefits expected; (iii) The name of the sponsor or spon- (iii) A Work Statement including— sors who will accept, receipt for, and (A) A detailed description of each disburse grant payments.

work element; (g) Additional documentation. The Ad- (B) A list of each organization, con- ministrator may request additional sultant, and key individual who will documentation as needed to support work on the planning project, and the specific items of development or to nature of the contribution of each; and comply with other Federal and local (C) A proposed schedule of work ac- requirements as they pertain to the re- complishment; and quested development.

(iv) The geographic location of the airport or the boundaries of the plan- (Secs. 303, 307, 308, 312, and 313, Federal Avia- tion Act of 1958 (49 U.S.C. 1344, 1348, 1349, ning area.

1353, and 1354); sec. 6(c), Dept. of Transpor- (4) If the sponsor proposes to accom- tation Act (49 U.S.C. 1655(c)); Airport and plish the project with its own forces or Airway Development Act of 1970, as amended those of another public or planning (49 U.S.C. 1701 et seq. ); sec. 1.47(f)(1), Regula- agency— tions of the Office of the Secretary of Trans- (i) An assurance that adequate, com- portation (49 CFR 1.47(1)); OMB Circular A– petent personnel are available to satis- 95, Revised (41 FR 2052; Jan. 13, 1976)) factorily accomplish the proposed plan- [Docket 19430, 45 FR 34784, May 22, 1980, as ning project, and amended by Amdt. 152–11, 45 FR 56622, Aug.

(ii) A description of the qualifica- 25, 1980; 45 FR 58107, Sept. 2, 1980; Amdt. 152– tions of the key personnel.

13, 46 FR 30809, June 11, 1981] (5) If cosponsors are not willing to as- § 152.113 Application requirements: sume, jointly, and severally, the obli- Airport planning.

gations imposed on them by this part (a) Application for Federal assistance. and the grant agreement, a statement An eligible sponsor or planning agency satisfactory to the Administrator indi- that desires to obtain Federal aid for cating— eligible airport master planning or air- (i) The responsibilities of each spon- port system planning must submit an sor with respect to the accomplishment application for Federal assistance, on a of the proposed project; form and in a manner prescribed by the (ii) The obligations each will assume Administrator, to the appropriate FAA to the United States; and Airports District Office or Airports (iii) The name of the sponsor or spon- Field Office having jurisdiction over sors who will accept, receipt for, and the area where the sponsor or planning disburse grant payments.

agency is located or, where there is no (6) The assurances on Civil Rights re- such office, the Regional Office having quired by § 21.7 of the Regulations of that jurisdiction. the Office of the Secretary of Transpor- (b) Unless otherwise authorized by tation (49 CFR 21.7).

the Administrator, the application re- (7) The applicable assurances re- quired by paragraph (a) of this section quired by appendix D of this part.

must be accompanied by the following: (c) Additional documentation. The Ad- (1) Any comments or statements re- ministrator may request additional quired by appendix E, Procedures Im- documentation as needed to support a VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00744 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.117 master plan or system plan, or to com- (e) Amendment: Airport planning. A ply with other Federal and local re- grant agreement for airport planning quirements as they pertain to the re- may be changed if— quested plan. (1) The change does not increase the maximum obligation of the United (Secs. 303, 307, 308, 312, and 313, Federal Avia- States under the grant agreement; and tion Act of 1958 (49 U.S.C. 1344, 1348, 1349, (2) The change does not prejudice the 1353, and 1354); sec. 6(c), Dept. of Transpor- tation Act (49 U.S.C. 1655(c)); Airport and interest of the United States.

Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq. ); sec. 1.47(f)(1), Regula- § 152.117 Public hearings.

tions of the Office of the Secretary of Trans- (a) Before submitting a portation (49 CFR 1.47(1)); OMB Circular A– preapplication for Federal assistance 95, Revised (41 FR 2052; Jan. 13, 1976)) for an airport development project in- [Docket 19430, 45 FR 34784, May 22, 1980, as volving the location of an airport, an amended by Amdt. 152–13, 46 FR 30809, June airport runway, or a runway extension, 11, 1981] the sponsor must give notice of oppor- tunity for a public hearing, in accord- § 152.115 Grant agreement: Offer, ac- ceptance, and amendment. ance with paragraph (b) of this section, for the purpose of— (a) Offer. Upon approving a project (1) Considering the economic, social, for airport development, airport mas- and environmental effects of the loca- ter planning, or airport system plan- tion of the airport, the airport runway, ning, the Administrator issues a writ- or the runway extension; and ten offer that sets forth the terms, lim- (2) Determining the consistency of itations, and requirements of the pro- the location with the goals and objec- posed agreement.

tives of any urban planning that has (b) Acceptance. The acceptance of an been carried out by the community.

offer or an amendment to a grant (b) The notice of opportunity for pub- agreement must be in writing. The lic hearing must— sponsor’s or planning agency’s attor- (1) Include a concise statement of the ney must certify that the acceptance proposed development; complies with all applicable law, and (2) Be published in a newspaper of constitutes a legal and binding obliga- general circulation in the communities tion of the sponsor or planning agency.

in or near which the project may be lo- (c) Amendment: Airport development cated; grants. The maximum obligation of the (3) Provide a minimum of 30 days United States under a grant agreement from the date of the notice for submis- for an airport development project may sion of requests for a hearing by per- be increased by an amendment if— sons having an interest in the eco- (1) Except as otherwise provided by nomic, social, or environmental effects the Uniform Relocation Assistance and of the project; and Real Property Acquisition Policies Act (4) State that a copy is available of of 1970, the maximum obligation of the the sponsor’s environmental assess- United States is not increased by more ment, if one is required by appendix 6 than 10 percent; of FAA Order 1050.1C, ‘‘Policies and (2) Funds are available for the in- Procedures for Considering Environ- crease; (3) The sponsor shows that the in- mental Impacts’’ (45 FR 2244; Jan. 10, crease is justified; and 1980), and FAA Order 5050.4, ‘‘Airport (4) The change does not prejudice the Environmental Handbook’’ (45 FR interest of the United States. 56624; Aug. 25, 1980), and will remain (d) Reduction of U.S. Share: Airport de- available, at the sponsor’s place of velopment grants. When project work for business for examination by the public which costs have been incurred is de- for a minimum of 30 days, beginning leted from a grant agreement, the Ad- with the date of the notice, before any ministrator reduces the maximum obli- hearing held under the notice.

gation of the United States proportion- (c) A public hearing must be provided ately, based on the cost or value of the if requested. If a public hearing is to be deleted work as shown on the project held, the sponsor must publish a notice application. of that fact, in the same newspaper in VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00745 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.119 which the notice of opportunity for a § 152.203 Allowable project costs.

hearing was published.

(a) Airport development. To be an al- (d) The notice required by paragraph lowable project cost, for the purposes (c) of this section must— of computing the amount of an airport (1) Be published not less than 15 days development grant, an item that is before the date set for the hearing; paid or incurred must, in the opinion of (2) Specify the date, time, and place the Administrator— of the hearings; (1) Have been necessary to accom- (3) Contain a concise description of plish airport development in con- the proposed project; and formity with— (4) Indicate where and at what time (i) The approved plans and specifica- more detailed information may be ob- tions for an approved project; and tained.

(ii) The terms of the grant agreement (e) If a public hearing is held, the for the project; sponsor must— (2) Be reasonable in amount (subject (1) Provide the Administrator a sum- to partial disallowance to the extent mary of the issues raised, the alter- the Administrator determines it is un- natives considered, the conclusion reasonable); reached, and the reasons for that con- (3) Have been incurred after the date clusion; and the grant agreement was executed, ex- (2) If requested by the Administrator cept that project formulation costs before the hearing, prepare a verbatim may be allowed even though they were transcript of the hearing for submis- incurred before that date; sion to the Administrator.

(4) Be supported by satisfactory evi- (f) If a hearing is not held the sponsor dence; must submit with its preapplication a (5) Have not been included in an air- certification that notice of opportunity port planning grant; and for a hearing has been provided in ac- (6) Be a cost determined in accord- cordance with this section and that no ance with the cost principles for State request for a public hearing has been and local governments in Federal Man- received.

agement Circular 74–4 (39 FR 27133; 43 [Docket 19430, 45 FR 34784, May 22, 1980, as FR 50977).

amended by Amdt. 152–11, 45 FR 56622, Aug.

(b) Airport Planning. To be an allow- 25, 1980] able project cost, for the purposes of computing the amount of an airport § 152.119 Contract requirements and planning grant, an item that is paid or procurement standards.

incurred must, in the opinion of the To the extent applicable, all grant Administrator— agreements, contracts, and sub- (1) Have been necessary to accom- contracts involving airport develop- plish airport planning in comformity ment projects or airport planning must with an approved project and the terms be in accordance with the contract re- of the grant agreement for the project; quirements in appendices A and C, as (2) Be reasonable in amount; applicable, and the procurement stand- (3) Have been incurred after the date ards in Attachment O of Office of Man- the grant agreement was entered into, agement and Budget Circular A–102 (42 except for substantiated and reason- FR 45828).

able costs incurred in designing the study effort; Subpart C—Funding of Approved (4) Be supported by satisfactory evi- Projects dence; and (5) Be figured in accordance with Federal Management Circular 74–4 (39 S OURCE : Docket 19430, 45 FR 34789, May 22, 1980, unless otherwise noted. FR 27133; 43 FR 50977).

§ 152.201 Applicability.

§ 152.205 United States share of project costs.

This subpart contains the require- ments for funding projects for airport (a) Airport development. Except as pro- development, airport master planning, vided in paragraphs (b) and (c) of this and airport system planning. section, the following is the United VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00746 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.209 States share of the allowable cost of an costs of an airport planning project airport development project approved shall be— for the specified year: (1) In the case of an airport master plan, that percent for which a project (1) 90 percent in the case of grants for airport development at that airport made from funds for fiscal years 1976, would be eligible; 1977, and 1978, and grants from funds (2) In the case of an airport system for fiscal year 1980 made after February plan, 75 percent.

17, 1980, for— (i) Each air carrier airport, other § 152.207 Proceeds from disposition of than a commuter service airport, land.

which enplanes less than one quarter of Unless otherwise authorized by the one percent of the total annual pas- Administrator, when a release has been sengers enplaned as determined for granted authorizing the sponsor to dis- purposes of making the latest annual pose of land acquired with assistance apportionment under section 15(a)(3) of under part 151 of this chapter or this the AADA; part, or through conveyances under the (ii) Each commuter service airport; Surplus Property Act, the proceeds re- and alized from the disposal may not be (iii) Each general aviation or reliever used as matching funds for any airport airport.

development project or airport plan- (2) 80 percent in the case of grants ning grant, but may be used for any made from funds for fiscal year 1979 other airport purpose.

and grants from funds for fiscal year 1980 made before February 18, 1980, for § 152.209 Grant payments: General.

the airports specified in paragraph (a) An application for a grant pay- (a)(1) of this section.

ment is made on a form and in a man- (3) 75 percent in the case of grants ner prescribed by the Administrator, made from funds for fiscal years 1976 and must be accompanied by any sup- through 1980 for airports other than porting information, that the FAA those specified in paragraph (a)(1) of needs to determine the allowability of this section.

any costs for which payment is re- (b) In a State in which the unappro- quested.

priated and unreserved public lands (b) Methods of payment. Grant pay- and nontaxable Indian lands, both indi- ments to sponsors and planning agen- vidual and tribal, are more than five cies will be made by— percent of the total land in that State, (1) Letter of credit; the United States’ share under para- (2) Advance by Treasury check; or graph (a) of this section— (3) Reimbursement by Treasury (1) Except as provided in paragraph checks.

(b)(2) of this section, shall be increased (c) Letter of credit funding. Letter of by the smaller of— credit funding may not be used un- (i) 25 percent; or less— (ii) A percentage (rounded to the (1) There is or will be a continuing nearest one-tenth of a percent) equal to relationship between a sponsor or plan- one-half of the percentage which the ning agency and the FAA for at least a area of those lands is of the total land 12-month period and the total amount area of the state; and of advances to be received within that (2) May not exceed the greater of— period is $120,000 or more; (i) The percentage share determined (2) The sponsor or planning agency under paragraph (a) of this section; or has established or demonstrated to the (ii) The percentage share applying on FAA the willingness and ability to es- June 30, 1975, as determined under tablish procedures that will minimize paragraph (b)(1) of this section.

the time elapsing between the transfer (c) In the case of terminal develop- of funds and their disbursement by the ment, the United States share shall be grantee; and 50 percent.

(3) The sponsor’s or planning agen- (d) Airport planning. The United cy’s financial management system States share of the allowable project meets the standards for fund control VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00747 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.211 and accountability prescribed in At- (3) The sponsor or planning agency tachment G of Office of Management has withheld payment to a contractor and Budget Circular A–102 (42 FR to assure satisfactory completion of 45828). work. Payment will be made to the sponsor or planning agency when it has (d) Advance by Treasury check. Ad- made final payment to the contractor, vance of funds by Treasury check may including the amounts withheld.

be made subject to the following condi- (h) Labor violations. If a contractor or tions— a subcontractor fails or refuses to com- (1) The sponsor or planning agency ply with the labor provisions of a con- meets the requirements of paragraphs tract under a grant agreement for an (c) (2) and (3) of this section; airport development project, further (2) The timing and amount of cash grant payments to the sponsor are sus- advances are as close as administra- pended until— tively feasible to actual disbursements (1) The violations are corrected; by the sponsor or planning agency; and (2) The Administrator determines the (3) Except as provided in paragraph allowability of the project costs to (e) of this section, in the case of an air- which the violations relate; or port development project, advance pay- (3) If the violations consist of under- ments do not exceed the estimated payments to labor, the sponsor fur- project costs of the airport develop- nishes satisfactory assurances to the ment expected to be accomplished FAA that restitution has been or will within 30 days after the date of the be made to the affected employees.

sponsor’s application for the advance (i) Excess payments. Upon determina- payment.

tion of the allowability of all project (e) No advance payment for airport costs of a project, if it is found that the development projects may be made in total of grant payments to the sponsor an amount that would bring the aggre- or planning agency was more than the gate amount of all partial payments to total United States share of the allow- more than the lower of the following: able costs of the project, the sponsor or (i) 90 percent of the estimated United planning agency shall promptly return States’ share of the total estimated the excess to FAA.

cost of all airport development in- cluded in the project, but not including § 152.211 Grant payments: Land acqui- contingency items; or sition.

(ii) 90 percent of the maximum obli- If an approved project for airport de- gation of the United States as stated in velopment includes land acquisition as the grant agreement.

an item for which payment is re- (f) Reimbursement by Treasury check.

quested, the sponsor may apply to the Reimbursement by Treasury check will FAA for payment of the United States be made if the sponsor or planning share of the allowable project costs of agency does not meet the requirements the acquisition, after— of paragraphs (c) (2) and (3) of this sec- (a) The Administrator determines tion.

that the sponsor has acquired satisfac- (g) Withholding of payments. Payment tory title to the land; or to the sponsor or planning agency may (b) In the case of a request for ad- be withheld at any time during the vance payment under § 152.209(d), the grant period under the following cir- Administrator is assured that a satis- cumstances: factory title will be acquired.

(1) The sponsor or planning agency § 152.213 Grant closeout requirements.

has failed to comply with the program objectives, grant award conditions, or (a) Program income. Sponsors or plan- Federal reporting requirements.

ning agencies that are units of local (2) The sponsor or planning agency is government shall return all interest indebted to the United States and col- earned on advances of grant-in-aid lection of the indebtedness will not im- funds to the Federal Government in ac- pair accomplishment of the objectives cordance with a decision of the Comp- of any grant program sponsored by the troller General (42 Comp. Gen. 289). All United States. other program income (gross income) VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00748 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.307 earned by grant-supported activities Subpart D—Accounting and during the grant period shall be re- Reporting Requirements tained by the sponsor and, if required by the grant agreement— S OURCE : Docket 19430, 45 FR 34791, May 22, (1) Be added to funds committed to 1980, unless otherwise noted.

the project by the FAA and the sponsor and used to further eligible program § 152.301 Applicability.

objectives; or This subpart contains accounting and (2) Be deducted from the total project reporting requirements applicable to— cost for the purpose of determining the (a) Each sponsor of a project for air- net costs on which the Federal share of port development; costs will be based.

(b) Each sponsor of a project for air- (b) Financial reports. The sponsor or port master planning; and planning agency shall furnish, within (c) Each planning agency conducting 90 days after completion of all items in a project for airport system planning.

a grant, all reports, including financial performance reports, required as a con- § 152.303 Financial management sys- dition of the grant.

tem.

(c) Project completion. When the Each sponsor or planning agency project for airport development or shall establish and maintain a finan- planning is completed in accordance cial management system that meets with the grant agreement, the sponsor the standards of Attachment G of Of- or planning agency may apply for pay- fice of Management and Budget Cir- ment for all incurred costs, as follows: cular A–102 (42 FR 45828).

(1) Airport development. When allow- ability of costs can be determined § 152.305 Accounting records.

under § 152.203, payment may be made (a) Airport development. Each sponsor to the sponsor if— of a project for airport development (i) A final inspection of all work at shall establish and maintain, for each the airport site has been made jointly individual project, an accounting by the appropriate FAA office and rep- record satisfactory to the Adminis- resentatives of the sponsor and the trator which segregates cost informa- contractor, unless that office agrees to tion into the cost classifications set a different procedure for final inspec- forth in Standard Form 271 (42 FR tion; and 45841).

(ii) The sponsor has furnished final (b) Airport planning. Each sponsor of ‘‘as constructed’’ plans, unless other- a project for airport master planning wise agreed to by the Administrator.

and each planning agency conducting a (2) Airport planning. When the final project for airport system planning planning report has been received and shall establish and maintain, for each accepted by the FAA.

planning project, an adequate account- (d) Property accounting reports: Airport ing record that segregates and groups development projects. The sponsor of an direct and indirect cost information in airport development project shall ac- the following classifications: count for any property acquired with (1) Third party contract costs.

grant funds or received from the (2) Force account costs.

United States, in accordance with the (3) Administrative costs.

provisions of Attachment N of Office of Management and Budget Circular A–102 § 152.307 Retention of records.

(42 FR 45828).

Each sponsor or planning agency (e) Final determination of U.S. share.

shall retain, for a period of 3 years Based upon an audit or other informa- after the date of submission of the final tion considered sufficient in lieu of an expenditure report— audit, the Administrator determines the total amount of the allowable (a) Documentary evidence, such as project costs and makes settlement for invoices, cost estimates, and payrolls, any adjustments to the Federal share supporting each item of project costs; of costs. and VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00749 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.309 (b) Evidence of all payments for lization and disposition of property fur- items of project costs, including vouch- nished by the Federal Government, or ers, cancelled checks or warrants, and acquired in whole or in part by the receipts for cash payments.

sponsor with Federal funds.

(b) A sponsor may use its own prop- § 152.309 Availability of sponsor’s erty management standards and proce- records.

dures as long as the standards required (a) The sponsor or planning agency by paragraph (a) of this section are in- shall allow any authorized representa- cluded.

tive of the Administrator, the Sec- retary of Transportation, or the Comp- § 152.315 Reporting on accrual basis.

troller General of the United States ac- (a) Except as provided in paragraph cess to any of its books, documents, pa- (b) of this section each sponsor or plan- pers, and records that are pertinent to ning agency shall submit all financial grants received under this part for the reports on an accrual basis.

purposes of accounting and audit.

(b) If records are not maintained on (b) The sponsor or planning agency an accrual basis by a sponsor or plan- shall allow appropriate FAA or DOT ning agency, reports may be based on representatives to make progress au- an analysis of records or best esti- dits at any time during the project, mates.

upon reasonable notice to the sponsor or planning agency.

§ 152.317 Report of Federal cash trans- (c) It audit findings have not been re- actions.

solved, the applicable records shall be When funds are advanced to a spon- retained by the sponsor or planning sor or planning agency by Treasury agency until those findings have been check, the sponsor or planning agency resolved.

shall submit the report form prescribed (d) Records for nonexpendable prop- by the Administrator within 15 work- erty that was acquired with Federal ing days following the end of the quar- funds shall be retained for three years ter in which check was received.

after final disposition of the property.

(e) Microfilm copies of original § 152.319 Monitoring and reporting of records may be substituted for original program performance.

records with the approval of the FAA.

(f) If the FAA determines that cer- (a) The sponsor or planning agency tain records have long-term retention shall monitor performance under the value, the FAA may require transfer of project to ensure that— custody of those records to the FAA.

(1) Time schedules are being met; (2) Work units projected by time peri- § 152.311 Availability of contractor’s ods are being accomplished; and, records.

(3) Other performance goals are being The sponsor or planning agency shall achieved.

include in each contract of the cost re- (b) Reviews shall be made for— imbursable type a clause that allows (1) Each item of development or work any authorized representative of the element included in the project; and Administrator, the Secretary of Trans- (2) All other work to be performed as portation, or the Comptroller General a condition of the grant agreement.

of the United States access to the con- (c) Airport development. Unless other- tractor’s records pertinent to the con- wise requested by the Administrator, tract for the purposes of accounting the sponsor of a project for airport de- and audit.

velopment shall submit a performance § 152.313 Property management stand- report, on an annual basis, that must ards.

include— (a) The sponsor shall establish and (1) A comparison of actual accom- maintain property management stand- plishments to the goals established for ards in accordance with Attachment N the period, made, if applicable, on a of Office of Management and Budget quantitative basis related to cost data Circular A–102 (42 FR 45828) for the uti- for computation of unit costs; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00750 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.401 (2) The reasons for slippage in each grant is expected to exceed the needs of case where an established goal was not the sponsor by more than $5,000, or 5 met; and percent of the grant amount, which- (3) Other pertinent information in- ever is greater.

cluding, when appropriate, an analysis § 152.325 Financial status report: Air- and explanation of each cost overrun port planning.

and high unit cost.

(d) Airport planning. The sponsor of a Each sponsor of a project for airport project for airport master planning or master planning and each planning a planning agency conducting a project agency conducting a project for airport for airport system planning shall sub- system planning shall submit a finan- mit a performance report, on a quar- cial status report on a form prescribed terly basis, that must include: by the Administrator at the comple- (1) A comparison of actual accom- tion of the project.

plishments to the goals established for the period, made, if applicable, on a Subpart E—Nondiscrimination in quantitative basis related to costs for Airport Aid Program computation of work element costs; (2) Reasons for slippage in each case A UTHORITY : Sec. 30 of the Airport and Air- where an established goal was not met; way Development Act of 1970 (49 U.S.C. 1730); and sec. 1.47(f)(1) of the Regulations of the Office (3) Other pertinent information in- of the Secretary of Transportation (49 CFR cluding, when appropriate, an analysis 1.47(f)(1)).

and explanation of each cost overrun S OURCE : Docket 16419, 45 FR 10188, Feb. 14, and high work element cost.

1980, unless otherwise noted.

§ 152.321 Notice of delay or accelera- § 152.401 Applicability.

tion.

(a) This subpart is applicable to all (a) The sponsor or planning agency grantees and other covered organiza- shall promptly notify the FAA of each tions under this part, and implements condition or event that may delay or the requirements of section 30 of the accelerate accomplishment of the Airport and Airway Development Act project.

of 1970, which provides: (b) In the event that delay is antici- pated, the notice required by paragraph The Secretary shall take affirmative action (a) of this section must include— to assure that no person shall, on the (1) A statement of actions taken or grounds of race, creed, color, national origin, contemplated; and or sex, be excluded from participating in any (2) Any Federal assistance needed. activity conducted with funds received from any grant made under this title. The Sec- § 152.323 Budget revision: Airport de- retary shall promulgate such rules as he velopment. deems necessary to carry out the purposes of this section and may enforce this section, (a) If any performance review con- and any rules promulgated under this sec- ducted by the sponsor discloses a need tion, through agency and department provi- for change in the budget estimates, the sions and rules which shall be similar to sponsor shall submit a request for those established and in effect under Title VI budget revision on a form prescribed by of the Civil Rights Act of 1964. The provi- sions of this section shall be considered to be the Administrator.

in addition to and not in lieu of the provi- (b) A request for prior approval for sions of Title VI of the Civil Rights Act of budget revision shall be made promptly 1964.

by the sponsor whenever— (1) The revision results from changes (b) Each grantee, covered organiza- in the scope or objective of the project; tion, or covered suborganization under or this part shall negotiate reformation of (2) The revision increases the budg- any contract, subcontract, lease, sub- eted amounts of Federal funds needed lease, or other agreement to include to complete the project. any appropriate provision necessary to (c) The sponsor shall promptly notify effect compliance with this subpart by the FAA whenever the amount of the July 17, 1980.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00751 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.403 (ii) Provides goods or services to the § 152.403 Definitions.

public which is attracted to the airport As used in this subpart— by aeronautical activities; AADA means the Airport and Airway (iii) Provides services or supplies to Development Act of 1970, as amended other aeronautical related or public (49 U.S.C. 1701 et seq. ).

service airport businesses or to the air- Affirmative action plan means a set of port; or specific and result-oriented procedures (iv) Performs construction work on to which a sponsor, planning agency, the airport.

state, or the aviation related activity Aviation workforce includes, with re- on an airport commits itself to achieve spect to grantees, each person em- equal employment opportunity.

ployed by the grantee on an airport or, Airport development means—(1) Any for an aviation purpose, off the airport.

work involved in constructing, improv- Covered organization means a grantee, ing, or repairing a public airport or a subgrantee, or an aviation related ac- portion thereof, including the removal, tivity.

lowering, relocation, and marking and Covered suborganization is a sub- lighting of airport hazards, and includ- grantee or sub-aviation related activ- ing navigation aids used by aircraft ity, of a covered organization.

landing at, or taking off from, a public Department means the United States airport, and including safety equip- Department of Transportation; ment required by rule or regulation for Grant means Federal financial assist- certification of the airport under sec- ance in the form of funds provided to a tion 612 of the Federal Aviation Act of sponsor, planning agency, or state 1958, and security equipment required under this part; of the sponsor by the Secretary by rule Grantee means the recipient of a or regulation for the safety and secu- grant.

rity of persons and property on the air- Minority means a person who is—(1) port, and including snow removal Black and not of Hispanic origin: A equipment, and including the purchase person having origins in any of the of noise suppressing equipment, the black racial groups of Africa; construction of physical barriers, and (2) Hispanic: A person of Mexican, landscaping for the purpose of dimin- Puerto Rican, Cuban, Central or South ishing the effect of aircraft noise on American or other Spanish culture or any area adjacent to a public airport; origin, regardless of race; (2) Any acquisition of land or of any (3) Asian or Pacific Islander: A per- interest therein, or of any easement son having origins in any or the origi- through or other interest in airspace, nal peoples of the Far East, Southeast including land for future airport devel- Asia, the Indian subcontinent, or the opment, which is necessary to permit Pacific Islands, including, but not lim- any such work or to remove or miti- ited to China, Japan, Korea, the Phil- gate or prevent or limit the establish- ippine Islands, and Samoa; or ment of, airport hazards; and (4) American Indian or Alaskan Na- (3) Any acquisition of land or of any tive: A person having origins in any of interest therein necessary to insure the original peoples of North America that such land is used only for purposes who maintains cultural identification which are compatible with the noise through tribal affiliation or commu- levels of the operation of a public air- nity recognition.

port.

Aviation related activity means a com- Planning agency means any planning mercial enterprise—(1) Which is oper- agency designated by the Secretary ated on the airport pursuant to an which is authorized by the laws of the agreement with the grantee or airport State or States (including the Com- operator or to a derivative subagree- monwealth of Puerto Rico, the Virgin ment; Islands, American Samoa, the Trust (2) Which employs persons on the air- Territory of the Pacific Islands, and port; and Guam) or political subdivisions con- (3) Which—(i) Is related primarily to cerned to engage in areawide planning the aeronautical activities on the air- for the area in which assistance under port; this part is to be used; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00752 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.407 Secretary means the Secretary of action program, and by any Federal, Transportation or an authorized rep- State, or local agency or court, includ- resentative of the Secretary within the ing those resulting from a conciliation Department of Transportation; agreement, a consent decree, court SMSA means Standard Metropolitan order, or similar mechanism. The Statistical Area. grantee agrees that State or local af- Sponsor means any public agency firmative action plans will be used in that, either individually or jointly lieu of any affirmative action plan or with one or more other public agencies, steps required by 14 CFR part 152, sub- submits to the Administrator, in ac- part E, only when they fully meet the cordance with this part, an application standards set forth in 14 CFR 152.409.

for financial assistance, or that con- The grantee agrees to obtain a similar ducts a project for airport development assurance from its covered organiza- or airport master planning, funded tions, and to cause them to require a under this part; similar assurance of their covered sub- Underutilization means having fewer organizations, as required by 14 CFR minorities or women in a particular job part 152, subpart E.

group than would reasonable be ex- pected from their availability in— § 152.407 Affirmative action plan: Gen- (1) The SMSA; or eral.

(2) In the absence of a defined SMSA, (a) Except as provided in paragraph in the counties contiguous to the em- (b) of this section, each of the following ployer’s location, or the location where shall have an affirmative action plan the work is to be performed, and in the that meets the requirements of § 152.409 areas from which persons may reason- and is kept on file for review by the ably be expected to commute.

FAA Office of Civil Rights: (1) Each sponsor who employs 50 or § 152.405 Assurances.

more employees in its aviation work- The following assurances shall be in- force.

cluded in each application for financial (2) Each planning Agency which em- assistance under this part: ploys 50 or more employees in its agen- (a) Assurance. The grantee assures cy for aviation purposes.

that it will undertake an affirmative (3) Each state political division, ad- action program, as required by 14 CFR ministering a grant under the AADA to part 152, subpart E, to ensure that no develop standards for airport develop- person shall, on the grounds of race, ment at general aviation airports, creed, color, national origin, or sex, be which employs 50 or more employees in excluded from participating in any em- its aviation workforce.

ployment, contracting, or leasing ac- (b) A grantee is in compliance with tivities covered in 14 CFR part 152, sub- paragraph (a) of this section, if it is part E. The grantee assures that no subject to, and keeps on file for review person shall be excluded, on these by the FAA Office of Civil Rights, one grounds, from participating in or re- of the following: ceiving the services or benefits of any (1) An affirmative action plan accept- program or activity covered by this able to another Federal agency.

subpart. The grantee assures that it (2) An affirmative action plan for a will require that its covered organiza- State or local agency that the covered tions provide assurances to the grantee organization certifies meets the stand- that they similarly will undertake af- ards in § 152.409.

firmative action programs and that (3) A conciliation agreement, consent they will require assurances from their decree, or court order which provides suborganizations, as required by 14 short and long-range goals for equal CFR part 152, subpart E, to the same employment opportunity similar to effect.

those which would be established in an (b) Assurance. The grantee agrees to affirmative action plan meeting the comply with any affirmative action standards in § 152.409.

plan or steps for equal employment op- portunity required by 14 CFR part 152, (c) Each sponsor shall require each subpart E, as part of the affirmative aviation related activity (other than VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00753 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.409 construction contractors) which em- plicable area will be supplied to grant- ploys 50 or more employees on the air- ees by the FAA. Grantees shall make port to prepare, and keep on file for re- this data available to the other organi- view by the FAA Office of Civil Rights, zations covered by this subpart. The an affirmative action plan developed in comparison for minorities must be accordance with the standards in made only when minorities constitute § 152.409, unless the activity is subject at least 2 percent of the total work- to one of the mechanisms described in force in the geographical area used for paragraphs (b) (1) through (3) of this the comparison.

section.

(3) A comparison, for the aviation (d) Each sponsor shall require each workforce, of the total number of ap- aviation related activity described in plicants and persons hired with the paragraph (c) of this section to simi- total number of minority and female larly require each of its covered sub- applicants, and minorities and females organizations (other than construction hired, for the past year. Where this contractors) which employs 50 or more data is unavailable, the employer shall employees on the airport to prepare, establish and maintain a system to and to keep on file for review by the provide the data, and shall make the FAA Office of Civil Rights, an affirma- comparison 120 days after establishing tive action plan developed in accord- the data system.

ance with the standards in § 152.409, un- (4) Where the percentage of minori- less the suborganization is subject to ties and women in the employer’s avia- one of the mechanisms described in tion workforce, in each job category, is paragraphs (b) (1) through (3) of this less than the minority and female per- section.

centage in any job category in the workforce of the geographical area § 152.409 Affirmative action plan used, an analysis, based on the com- standards.

parison required by paragraph (a)(3) of (a) Each affirmative action plan re- this section, determining whether any quired by this subpart shall be devel- of the following exists: oped in accordance with the following: (i) Insufficient flow of minority and (1) An analysis of the employer’s female applicants.

aviation workforce which groups em- (ii) Disparate rejection of minority ployees into the following job cat- and female applicants. The FAA gen- egories: erally considers disparate rejection to (i) Officials and managers.

exist whenever a selection rate for any (ii) Professionals.

race, sex, or ethnic group is less than (iii) Technicians.

80 percent of the rate for the race, sex, (iv) Sales workers.

or ethnic group with the highest selec- (v) Office and clerical workers.

tion rate.

(vi) Craft workers (skilled).

(b) Each affirmative action plan re- (vii) Operatives (semi-skilled).

quired by this part shall be imple- (viii) Laborers (unskilled).

mented through an action-oriented (ix) Service workers.

program with goals and timetables de- (2) A comparison separately made of signed to eliminate obstacles to equal the percent of minorities and women in opportunity for women and minorities the employer’s present aviation work- in recruitment and hiring, which shall force (in each of the job categories list- include, but not be limited to: ed in paragraph (a)(1) of this section) with the percent of minorities and (1) Where disparate rejection of mi- women in each of those categories in nority and female applicants is indi- the total workforce located in the cated by the analysis required by para- SMSA, or, in the absence of an SMSA, graph (a)(4) of this section, validation in the counties contiguous to the em- of those portions of the testing or se- ployer’s location or the location where lection procedures which cause the dis- the work is to be performed and in the parity in accordance with the ‘‘Uni- areas from which persons may reason- form Guidelines on Employee Selec- ably be expected to commute. This tion’’ (43 FR 38290; August 25, 1978), data on the total workforce of the ap- within 120 days of the analysis.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00754 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.411 (2) Where testing or selection proce- (1) If it has 15 or more employees in dures cannot be validated, discontinu- its aviation workforce or employed for ation of their use. aviation purposes, by taking the af- firmative action steps in § 152.409(b)(3), (3) Where an insufficient flow of mi- as appropriate; or nority and female applicants (less than (2) If it has less than 15 employees in the percentage available) is indicated its aviation workforce or employed for by the analysis required by paragraph aviation purposes, by taking the af- (a)(4) of this section, good faith efforts firmative action steps in § 152.409(b)(3) to increase the flow of minority and fe- (i) and (ii), as appropriate.

male applicants through the following (b) Except as provided in paragraph steps, as appropriate: (c) of this section, each sponsor shall (i) Development or reaffirmation of require each of its aviation related ac- an equal opportunity policy and dis- tivities on its airport, that is not sub- semination of that policy internally ject to an affirmative action plan, reg- and externally.

ulatory goals and timetables, or other (ii) Contact with minority and wom- mechanism which provides short and en’s organizations, schools with pre- long-range goals for equal employment dominant minority or female enroll- opportunity, to take affirmative action ments, and other recruitment sources steps and cause them to similarly re- for minorities and women.

quire affirmative action steps of their (iii) Encouragement of State and covered suborganizations, as follows: local employment agencies, unions, (1) Each aviation related activity or and other recruiting sources to ensure covered suborganization with less than that minorities and women have ample 50 but more than 14 employees, must information on, and opportunity to take the affirmative action steps enu- apply for, vacancies and to participate merated in § 152.409(b)(3), as appro- in examinations.

priate.

(iv) Participation in special employ- (2) Each aviation related activity or ment programs such as Co-operative covered suborganization with less than Education Programs with predomi- 15 employees, must take the affirma- nantly minority and women’s colleges, tive action steps enumerated in ‘‘After School’’ or Work Study pro- § 152.409(b)(3) (i) and (ii), as appropriate.

grams, and Summer Employment.

(c) Each sponsor shall require each (v) Participation in ‘‘Job Fairs.’’ construction contractor, that has a (vi) Participation of minority and fe- contract of $10,000 or more on its air- male employees in Career Days, Youth port and that is not subject to an af- Motivation Programs, and counseling firmative action plan, regulatory goals and related activities in the commu- or timetables, or other mechanism nity.

which provides short and long-range (vii) Encouragement of minority and goals for equal employment oppor- female employees to refer applicants.

tunity, to take the following affirma- (viii) Motivation, training, and em- tive action steps: ployment programs for minority and (1) The contractor must establish and female hard-core unemployed.

maintain a current list of minority and female recruitment sources; provide § 152.411 Affirmative action steps.

written notification to these recruit- (a) Each grantee which is not de- ment sources and to community orga- scribed in § 152.407(a) and is not subject nizations when employment opportuni- to an affirmative action plan, regu- ties are available; and maintain a latory goals and timetables, or other record of each organization’s response.

mechanism providing for short and (2) The contractor must maintain a long-range goals for equal employment current file of the names, addresses, opportunity, shall make good faith ef- and telephone numbers of each minor- forts to recruit and hire minorities and ity and female walk-in applicant and women for its aviation workforce as each referral from a union, a recruit- vacancies occur, by taking the affirma- ment source, or community organiza- tive action steps in § 152.409(b)(3), as tion and the action taken with respect follows: to each individual. Where an individual VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00755 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.413 is sent to the union hiring hall for re- range goals for equal employment op- ferral, but not referred back to the con- portunity, or the subcontract is less tractor, or, if referred, not employed by than $10,000.

the contractor, this shall be docu- § 152.413 Notice requirement.

mented. The documentation shall in- clude an explanation of, and informa- Each grantee shall give adequate no- tion on, any additional actions that tice to employees and applicants for the contractor may have taken.

employment, through posters provided (3) The contractor must disseminate by the Secretary, that the FAA is com- its equal employment opportunity pol- mitted to the requirements of section icy internally— 30 of the AADA, to ensure that no per- (i) By providing notice of the policy son shall, on the grounds of race, creed, to unions and training programs; color, national origin, or sex, be ex- (ii) By including it in policy manuals cluded from participating in any activ- and collective bargaining agreements; ity conducted with funds authorized (iii) By publicizing it in the company under this part.

newspaper, report, or other publica- tion; and § 152.415 Records and reports.

(iv) By specific review of the policy (a) Each grantee shall keep on file for with all management personnel and a period of three years or for the period with all employees at least once a year.

during which the Federal financial as- (4) The contractor must disseminate sistance is made available, whichever the contractors’s equal employment is longer, reports (other than those opportunity policy externally— transmitted to the FAA), records, and (i) By stating it in each employment affirmative action plans, if applicable, advertisement in the news media, in- that will enable the FAA Office of Civil cluding news media with high minority Rights to ascertain if there has been and female readership; and and is compliance with this subpart.

(ii) By providing written notification (b) Each sponsor shall require its cov- to, or participating in discussions with, ered organizations to keep on file, for other contractors and subcontractors the period set forth in paragraph (a) of with whom the contractor does busi- this section, reports (other than those ness.

submitted to the FAA), records, and af- (5) The contractor must direct its re- firmative action plans, if applicable, cruitment efforts to minority and fe- that will enable the FAA Office of Civil male organizations, to schools with mi- Rights to ascertain if there has been nority and female students, and to or- and is compliance with this subpart, ganizations which recruit and train mi- and shall cause them to require their norities and women, in the contractor’s covered suborganizations to keep simi- recruitment area.

lar records as applicable.

(6) The contractor must encourage (c) Each grantee, employing 15 or present minority and female employees more person, shall annually submit to to recruit other minorities and women.

the FAA a compliance report on a form (7) The contractor must, where pos- provided by the FAA and a statistical sible, provide after school, summer, report on a Form EEO–1 of the Equal and vacation employment to minority Employment Opportunity Commission and female youth.

(EEOC) or any superseding EEOC form.

(d) Each sponsor shall require each of If a grantee already is submitting a its prime construction contractors on Form EEO–1 to another agency, the its airport, with a contract of $10,000 or grantee may submit a copy of that more, to require each of the contrac- form to the FAA as its statistical re- tor’s subcontractors on the airport to port. The information provided shall comply with the affirmative action include goals and timetables, if estab- steps in paragraph (c) of this section, lished in compliance with the require- with which it does not already comply, ments of § 152.409 or with the require- unless the subcontractor is subject to ments of another Federal agency or a an affirmative action plan, regulatory State or local agency.

goals or timetables, or other mecha- nism which provides short and long- (d) Each sponsor shall— VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00756 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.423 (1) Require each of its aviation-re- § 152.417 Monitoring employment.

lated activities (except construction (a) Each grantee shall allow the FAA contractors), employing 15 or more per- Office of Civil Rights to monitor its sons, to annually submit to the sponsor equal employment opportunity compli- the reports required by paragraph (c) of ance with this subpart through on-site this section, on the same basis as stat- reviews and desk audits. Reviews or au- ed in paragraph (c) of this section, and dits will include the records submitted shall cause each aviation-related activ- under § 152.415.

ity to require its covered suborganiza- (b) As it deems necessary, the FAA tions, with 15 or more employees, to Office of Civil Rights will conduct on- annually submit the reports required site or desk audits of covered aviation by paragraph (c) of this section related activities on airports.

through the prime organization to the § 152.419 Minority business.

sponsor, for transmittal by the sponsor to the FAA.

Each person subject to this subpart is (2) Annually collect from its aviation required to comply with the Minority related activities employing less than Business Enterprise Regulations of the 15 employees, and transmit to the FAA Department.

an aggregate employment report, that § 152.421 Public accommodations, serv- includes the employment of sponsors ices, and benefits.

with less than 15 employees, on an EEO–1 or any superseding EEOC form. Requirements relating to the provi- sion of public accommodations, serv- (e) Each sponsor shall require each of ices, and other benefits to beneficiaries its construction contractors on its air- under Title VI of the Civil Rights Act port, with a contract of $10,000 or more, of 1964 (42 U.S.C. 2000d et seq. ) and part which is not subject to E.O. 11246 and 21 of the regulations of the Office of the the regulations of the Department of Secretary of Transportation (49 CFR Labor (DOL), to submit to the sponsor, part 21) implementing Title VI are at the conclusion of the project, a com- made applicable, where appropriate, to pliance report on a form provided by nondiscrimination and affirmative ac- the FAA and a statistical report on a tion on the basis of sex or creed, and DOL Form 257 or any superseding DOL shall be complied with by each appli- form. For projects exceeding six cant for assistance and each grantee.

months, the sponsor shall require a midway compliance report. The spon- § 152.423 Investigation and enforce- sor shall submit these reports to the ment.

FAA.

(a) Complaints. Any person who be- (f) Each sponsor shall cause each of lieves that he or she has been subjected its construction contractors on its air- to discrimination prohibited by this port to require each of the contractor’s subpart may personally, or through a subcontractors, with a subcontract of representative, file a complaint with $10,000 or more, which are not subject the Director of the Departmental Of- to E.O. 11246 and the regulations of the fice of Civil Rights. A complaint must DOL, to submit the reports required by be in writing and filed not later than paragraph (e) of this section to the 180 days after the date of the alleged prime contractor for submission to the discrimination, unless the time for fil- sponsor. The sponsor shall transmit ing is extended by the Director.

these reports to the FAA.

(b) Investigations and informal resolu- (g) Each organization required to pre- tions. The Departmental Office of Civil pare an affirmative action plan for the Rights will make a prompt investiga- FAA under this subpart shall update it tion whenever a complaint, compliance annually and as changed circumstances review, report, or any other informa- require. Each organization that has tion indicates a possible failure to prepared a plan in compliance with the comply with this subpart. The proce- requirements of another Federal agen- dures in 49 CFR part 21, augmented as cy or a State or local agency, shall up- appropriate by the investigative proce- date it in accordance with the require- dures of part 13 of this chapter, will be ments of that agency. followed, except that— VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00757 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 152.425 (1) Compliance with a regulation of Order 11246 (42 U.S.C. 2000e (note)), or the Department applicable to minority any other Federal law or Executive business enterprise will be investigated Order relating to civil rights.

and enforced through the procedures contained in that regulation; and Subpart F—Suspension and (2) Except as provided in paragraph Termination of Grants (c) of this section, allegations of non- compliance with regulations governing S OURCE : Docket 19430, 45 FR 34792, May 22, equal employment opportunity of an- 1980, unless otherwise noted.

other Federal agency or a State or local agency, will be referred, for inves- § 152.501 Applicability.

tigation and enforcement, to the Fed- This subpart contains procedures for eral agency or, in the discretion of the suspending or terminating grants for Departmental Office of Civil Rights, to airport development projects and air- the State or local agency.

port planning.

(c) When the FAA (under section 30 of the AADA) and another Federal agen- § 152.503 Suspension of grant.

cy, a referral agency recognized by the (a) If the sponsor or planning agency Equal Employment Opportunity Com- fails to comply with the conditions of mission, or a court have concurrent ju- the grant, the FAA may, by written no- risdiction over a matter— tice to the sponsor or planning agency, (1) If the other agency or court suspend the grant and withhold further makes a finding on the record that payments pending— noncompliance or discrimination has (1) Corrective action by the sponsor occurred, the FAA will accept the find- or planning agency; or ing, and determine what sanctions or (2) A decision to terminate the grant.

remedies are appropriate under section (b) Except as provided in paragraph 30 as a result of the finding, after per- (c), after receipt of notice of suspen- mitting the party against whom the sion, the sponsor or planning agency finding was made to be heard on the de- may not incur additional obligations of termination of the sanctions or rem- grant funds during the suspension.

edies; or (c) All necessary and proper costs (2) If it appears that delay, through that the sponsor or planning agency referral to another agency, will result could not reasonably avoid during the in the continued expenditure of Federal period of suspension will be allowed, if funds under this part without compli- those costs are in accordance with ap- ance with this subpart, the Secretary pendix C of this part.

may— (i) Investigate the matter; § 152.505 Termination for cause.

(ii) Make a determination as to com- (a) If the sponsor or planning agency pliance with section 30; and fails to comply with the conditions of (iii) Impose appropriate sanctions the grant, the FAA may, by written no- and remedies.

tice to the sponsor or planning agency, (d) Nothing in this section shall pre- terminate the grant in whole, or in clude the Director of the Departmental part.

Office of Civil Rights from initiating (b) The notice of termination will an investigation when it appears that contain— the investigation of the complaint may (1) The reasons for the termination, reveal a pattern or practice of dis- and crimination or noncompliance with the (2) The effective date of termination.

requirements of this subpart in the em- (c) After receipt of the notice of ter- ployment practices of a grantee or mination, the sponsor or planning other covered organization.

agency may not incur additional obli- gations of grant funds.

§ 152.425 Effect of subpart.

(d) Payments to be made to the spon- Nothing contained in this subpart di- sor or planning agency, or recoveries of minishes or supersedes the obligations payments by the FAA, under the grant imposed by Title VI of the Civil Rights shall be in accordance with the legal Act of 1964 (42 U.S.C. 2000d), Executive rights and liabilities of the parties.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00758 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 152.609 § 152.507 Termination for convenience. § 152.605 Definitions.

As used in this subpart— (a) When the continuation of the project would not produce beneficial Building construction means construc- results commensurate with the further tion of any building which receives expenditure of funds, the grant may be Federal assistance under the program, which will exceed $200,000 in construc- terminated in whole, or in part, upon tion cost.

mutual agreement of the FAA and the Energy assessment means an analysis sponsor or planning agency.

of total energy requirements of a build- (b) If an agreement to terminate is ing, which, within the scope of the pro- made, the sponsor or planning agency— posed construction activity, and at a (1) May not incur new obligations for level of detail appropriate to that the terminated portion after the effec- scope, considers the following: tive date; and (a) Overall design of the facility or (2) Shall cancel as many obligations, modification, and alternative designs; relating to the terminated portion, as (b) Materials and techniques used in possible.

construction or rehabilitation; (c) The sponsor or planning agency is (c) Special or innovative conserva- allowed full credit for the Federal tion features that may be used; share of the noncancellable obligations (d) Fuel requirements for heating, that were properly incurred by the cooling, and operations essential to the sponsor before the termination.

function of the structure, projected over the life of the facility and includ- § 152.509 Request for reconsideration.

ing projected costs of this fuel; and If a grant is suspended or terminated (e) Kind of energy to be used, includ- under this subpart, the sponsor or plan- ing— ning agency may request the Adminis- (1) Consideration of opportunities for trator to reconsider the suspension or using fuels other than petroleum and termination.

natural gas, and (2) Consideration of using alter- native, renewable energy sources.

Subpart G—Energy Conservation Major building modification means in Airport Aid Program modification of any building which re- ceives Federal assistance under the A UTHORITY : Secs. 1–27, 84 Stat. 220–223 (49 program, which will exceed $200,000 in U.S.C. 1711–1727); sec. 1.47(g), Regulations of construction cost.

the Office of the Secretary of Transpor- tation; 35 FR 17044; sec. 403(b), 92 Stat. 3318; § 152.607 Building design require- E.O. 12185.

ments.

S OURCE : Docket 66, 45 FR 58035, Aug. 29, Each sponsor shall perform an energy 1980, unless otherwise noted.

assessment for each federally-assisted building construction or major build- § 152.601 Purpose.

ing modification project proposed at This subpart implements section 403 the airport. The building design, con- of the Powerplant and Industrial Fuel struction, and operation shall incor- Use Act of 1978 (92 Stat. 3318; Pub. L.

porate, to the extent consistent with 95–620) in order to encourage conserva- good engineering practice, the most tion of petroleum and natural gas by cost-effective energy conservation fea- recipients of Federal financial assist- tures identified in the energy assess- ance.

ment.

§ 152.603 Applicability.

§ 152.609 Energy conservation prac- tices.

This subpart applies to each recipient of Federal financial assistance from Each sponsor shall require fuel and the Federal Aviation Administration energy conservation practices in the through the Airport Development Aid operation and maintenance of the air- Program (ADAP) unless otherwise ex- port and shall encourage airport ten- cluded by definition. ants to use these practices.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00759 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 152, App. A under plans, funds, or programs, but cov- ering the particular weekly period, are deemed to be constructively made or in- A PPENDIX A TO P ART 152—C ONTRACT curred during such weekly period (29 CFR AND L ABOR P ROVISIONS 5.5(a)(1)(i)).

(2) Any class of laborers or mechanics, in- This appendix sets forth contract and labor cluding apprentices and trainees, which is provisions applicable to grants under the not listed in the wage determination(s) and Airport and Airway Development Act of 1970.

which is to be employed under the contract, This appendix does not apply to: (1) Any shall be classified or reclassified conform- contract with the owner of airport hazards, ably to the wage determination(s), and a re- buildings, pipelines, powerlines, or other port of the action taken shall be sent by the structures or facilities, for installing, ex- [insert sponsor’s name] to the FAA for ap- tending, changing, removing, or relocating proval and transmittal to the Secretary of that structure or facility, and (2) any writ- Labor. In the event that the interested par- ten agreement or understanding between a ties cannot agree on the proper classification sponsor and another public agency that is or reclassification of a particular class of la- not a sponsor of the project, under which the borers and mechanics, including apprentices public agency undertakes construction work and trainees, to be used, the question accom- for or as agent of the sponsor.

panied by the recommendation of the FAA I. Contract Provisions Required by the shall be referred to the Secretary of Labor Regulations of the Secretary of Labor for final determination (29 CFR 5.5(a)(1)(ii)).

(3) Whenever the minimum wage rate pre- Each sponsor entering into a construction scribed in the contract for a class of laborers contract for an airport development project or mechanics includes a fringe benefit which shall insert in the contract and any supple- is not expressed as an hourly wage rate and mental agreement: the contractor is obligated to pay a cash (1) The provisions required by the Sec- equivalent of such a fringe benefit, an hourly retary of Labor, as set forth in paragraphs A cash equivalent thereof shall be established.

through K; In the event the interested parties cannot (2) The provisions set forth in paragraph L, agree upon a cash equivalent of the fringe and benefit, the question accompanied by the (3) Any other provisions necessary to en- recommendation of the FAA shall be referred sure completion of the work in accordance to the Secretary of Labor for determination with the grant agreement.

(29 CFR 5.5(a)(1)(iii)).

The provisions in paragraphs A through K (4) If the contractor does not make pay- and provision (5) in paragraph L need not be ments to a trustee or other third person, he included in prime contracts of $2,000 or less.

may consider as part of the wages of any la- A. Minimum wages. (1) All mechanics and borer or mechanic the amount of any costs laborers employed or working upon the site reasonably anticipated in providing benefits of the work will be paid unconditionally and under a plan or program of a type expressly not less often than once a week, and without listed in the wage determination decision of subsequent deduction or rebate on any ac- the Secretary of Labor which is a part of this count (except such payroll deductions as are contract: Provided, however, the Secretary of permitted by regulations issued by the Sec- Labor has found, upon written request of the retary of Labor under the Copeland Act [29 contractor, that the applicable standards of CFR part 3], the full amounts due at time of the Davis-Bacon Act have been met. The payment computed at wage rates not less Secretary of Labor may require the con- than those contained in the wage determina- tractor to set aside in a separate account as- tion decision(s) of the Secretary of Labor sets for the meeting of obligations under the which is (are) attached hereto and made a plan or program (29 CFR 5.5(a)(1)(iv)).

part hereof, regardless of any contractual re- B. Withholding: FAA from sponsor. Pursuant lationship which may be alleged to exist be- to the terms of the grant agreement between tween the contractor and such laborers and the United States and [insert sponsor’s mechanics; and the wage determination deci- name], relating to Airport Development Aid sion(s) shall be posted by the contractor at Project No. __ , and part 152 of the Federal the site of the work in a prominent place Aviation Regulations (14 CFR part 152), the where it (they) can be easily seen by the FAA may withhold or cause to be withheld workers. For the purpose of this paragraph, from the [insert sponsor’s name] so much of contributions made or costs reasonably an- the accrued payments or advances as may be ticipated under section 1(b)(2) of the Davis- considered necessary to pay laborers and me- Bacon Act on behalf of laborers or mechanics chanics, including apprentices and trainees, are considered wages paid to such laborers or employed by the contractor or any subcon- mechanics, subject to the provisions of para- tractor on the work the full amount of wages graph (4) below. Also for the purpose of this required by this contract. In the event of paragraph, regular contributions made or failure to pay any laborer or mechanics, in- costs incurred for more than a weekly period cluding any apprentice or trainee, employed VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00760 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT Pt. 152, App. A or working on the site of the work all or part weekly certified payrolls submitted to the of the wages required by this contract, the [insert sponsor’s name] for availability to FAA may, after written notice to the [insert the FAA, that their employment is pursuant sponsor’s name], take such action as may be to an approved program and shall identify necessary to cause the suspension of any fur- the program (29 CFR 5.5(a)(3)(ii)).

ther payment or advance of funds until such D. Apprentices and trainees —(1) Apprentices.

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

Apprentices will be permitted to work at less C. Payrolls and basic records. (1) Payrolls than the predetermined rate for the work and basic records relating thereto will be they performed when they are employed and maintained during the course of the work individually registered in a bona fide appren- and preserved for a period of 3 years there- ticeship program registered with the U.S.

after for all laborers and mechanics working Department of Labor, Employment and at the site of the work. Such records will Training Administration, Bureau of Appren- contain the name and address of each such ticeship and Training, or with a State Ap- employee, his correct classification, rates of prenticeship Agency recognized by the Bu- pay (including rates of contributions or costs reau, or if a person is employed in his first 90 anticipated of the types described in section days of probationary employment as an ap- 1(b)(2) of the Davis-Bacon Act), daily and prentice in such an apprenticeship program, weekly number of hours worked, deductions who is not individually registered in the pro- made and actual wages paid. Whenever the gram, but who has been certified by the Bu- Secretary of Labor has found, under 29 CFR reau of Apprenticeship and Training or a 5.5(a)(1)(iv) (see paragraph (4) of paragraph A State Apprenticeship Agency (where appro- above), that the wages of any laborer or me- priate) to be eligible for probationary em- chanic include the amount of any costs rea- ployment as an apprentice. The allowable sonably anticipated in providing benefits ratio of apprentices to journeymen in any under a plan or program described in section craft classification shall not be greater than 1(b)(2)(B) of the Davis-Bacon Act, the con- the ratio permitted to the contractor as to tractor shall maintain records which show his entire work force under the registered that the commitment to provide such bene- program. Any employee listed on a payroll fits is enforceable, that the plan or program at an apprentice wage rate, who is not a is financially responsible, and that the plan trainee as defined in paragraph (2) of this or program has been communicated in writ- paragraph or is not registered or otherwise ing to the laborers or mechanics affected, employed as stated above, shall be paid the and records which show the costs anticipated wage rate determined by the Secretary of or the actual costs incurred in providing Labor for the classification of work he actu- such benefits (29 CFR 5.5(a)(3)(i)).

ally performed. The contractor or subcon- (2) The contractor will submit weekly a tractor will be required to furnish to the [in- copy of all payrolls to the [insert sponsor’s sert sponsor’s name] or a representative of name] for availability to the FAA. The copy the Wage-Hour Division of the U.S. Depart- shall be accompanied by a statement signed ment of Labor written evidence of the reg- by the employer or his agent indicating that istration of his program and apprentices as the payrolls are correct and complete, that well as the appropriate ratios and wage rates the wage rates contained therein are not less (expressed in percentages of the journeyman than those determined by the Secretary of hourly rates), for the area of construction Labor and that the classifications set forth prior to using any apprentices on the con- for each laborer or mechanic conform with tract work. The wage rate paid apprentices the work he performed. A submission of a shall be not less than the appropriate per- ‘‘Weekly Statement of Compliance’’ which is centage of the journeyman’s rate contained required under this contract and the in the applicable wage determination (29 Copeland regulations of the Secretary of CFR 5.5(a)(4)(i)).

Labor (29 CFR part 3) and the filing with the initial payroll or any subsequent payroll of a (2) Trainees. Except as provided in 29 CFR copy of any findings by the Secretary of 5.15 trainees will not be permitted to work at Labor under 29 CFR 5.5(a)(1)(iv) (see para- less than the predetermined rate for the graph (4) of paragraph A above), shall satisfy work performed unless they are employed this requirement. The prime contractor shall pursuant to and individually registered in a be responsible for submission of copies of program which has received prior approval, payrolls of all subcontractors. The con- evidenced by formal certification by the U.S.

tractor will make the records required under Department of Labor, Employment and the labor standards clauses of the contract Training Administration. Bureau of Appren- available for inspection by authorized rep- ticeship and Training. The ratio of trainees resentatives of the FAA and the Department to journeymen shall not be greater than per- of Labor, and will permit such representa- mitted under the plan approved by the Bu- tives to interview employees during working reau of Apprenticeship and Training. Every hours on the job. Contractors employing ap- trainee must be paid at not less than the prentices or trainees under approved pro- rate specified in the approved program for grams shall include a notation on the first his level of progress. Any employee listed on VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00761 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 152, App. A the payroll at a trainee rate who is not reg- such employee was required or permitted to istered and participating in a training plan work in excess of 8 hours or in excess of the approved by the Bureau of Apprenticeship standard workweek of 40 hours without pay- and Training shall be paid not less than the ment of the overtime wages required by said wage rate determined by the Secretary of paragraph F of this provision (29 CFR Labor for the classification of work he actu- 5.5(c)(2)).

ally performed. The contractor or subcon- H. Withholding for unpaid wages and liq- tractor will be required to furnish the [insert uidated damages. The FAA may withhold or sponsor’s name] or a representative of the cause to be withheld, from any monies pay- Wage-Hour Division of the U.S. Department able on account of work performed by the of Labor written evidence of the certifi- contractor or subcontractor, such sums as cation of his program, the registration of the may administratively be determined to be trainees, and the ratios and wage rates pre- necessary to satisfy any liabilities of such scribed in that program. In the event the Bu- contractor or subcontractor for unpaid reau of Apprenticeship and Training with- wages and liquidated damages as provided in paragraph G of this provision (29 CFR draws approval of a training program, the contractor will no longer be permitted to 5.5(c)(3)).

utilize trainees at less than the applicable I. Working conditions. No contractor may predetermined rate for the work performed require any laborer or mechanic employed in until an acceptable program is approved (29 the performance of any contract to work in CFR 5.5(a)(4)(ii)). surroundings or under working conditions (3) Equal employment opportunity. The utili- that are unsanitary, hazardous, or dangerous zation of apprentices, trainees and journey- to his health or safety as determined under men under this paragraph shall be in con- construction safety and health standards (29 CFR part 1926) and other occupational and formity with the equal employment oppor- tunity requirements of Executive Order health standards (29 CFR part 1910) issued by 11246, as amended, and 29 CFR part 30 (29 the Department of Labor.

CFR 5.5(a)(4)(iii)). J. Subcontracts. The contractor will insert (4) Application of 29 CFR 5.5(a)(4). On con- in each of his subcontracts the clauses con- tracts in excess of $2,000 the employment of tained in paragraphs A through K of this pro- all apprentices and trainees as defined in 29 vision, and also a clause requiring the sub- CFR 5.2(c) shall be subject to the provisions contractors to include these provisions in of 29 CFR 5.5(a)(4) (see paragraph D(1), (2), any lower tier subcontracts which they may enter into, together with a clause requiring and (3) above).

E. Compliance with Copeland Regulations. this insertion in any further subcontracts The contractor shall comply with the that may in turn be made (29 CFR 5.5(a)(6), Copeland Regulations (29 CFR part 3) of the 5.5(c)(4)).

Secretary of Labor which are herein incor- K. Contract termination debarment. A breach porated by reference (29 CFR 5.5(a)(5)). of clause A, B, C, D, E, or J may be grounds F. Overtime requirements. No contractor or for termination of the contract, and for de- subcontractor contracting for any part of barment as provided in § 5.6 of the Regula- the contract work which may require or in- tions of the Secretary of Labor as codified in volve the employment of laborers or me- 29 CFR 5.6 (29 CFR 5.5(a)(7)).

chanics shall require or permit any laborer L. Additional contract provisions —(1) Airport or mechanic in any workweek in which he is Development Aid Program Project. The work in employed on such work to work in excess of this contract is included in Airport Develop- 8 hours in any calendar day or in excess of 40 ment Aid Program Project No. __ , which is hours in such workweek unless such laborer being undertaken and accomplished by the or mechanic received compensation at a rate [insert sponsor’s name] in accordance with not less than 1 ⁄2 times his basic rate of pay the terms and conditions of a grant agree- for all hours worked in excess of 8 hours in ment between the [insert sponsor’s name] any calendar day or in excess of 40 hours in and the United States, under the Airport and such workweek, as the case may be (29 CFR Airway Development Act of 1970 (84 Stat. 219) 5.5(c)(1)). and part 152 of the Federal Aviation Regula- G. Violations; liability for unpaid wages; liq- tions (14 CFR part 152), pursuant to which uidated damages. In the event of any viola- the United States has agreed to pay a cer- tion of paragraph F of this provision, the tain percentage of the costs of the project contractor and any subcontractor respon- that are determined to be allowable project sible therefor shall be liable to any affected costs under that Act. The United States is employee for his unpaid wages. In addition, not a party to this contract and no reference such contractor and subcontractor shall be in this contract to the FAA or any represent- liable to the United States for liquidated ative thereof, or to any rights granted to the damages. Such liquidated damages shall be FAA or any representative thereof, or the computed, with respect to each individual la- United States, by the contract, makes the borer or mechanic employed in violation of United States a party to this contract.

said paragraph F of this provision, in the (2) Consent to assignment. The contractor sum of $10 for each calendar day on which shall obtain the prior written consent of the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00762 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT Pt. 152, App. A [insert sponsor’s name] to any proposed as- correct or that he violated inadvertently the signment of any interest in or part of this Contract Work Hours and Safety Standards contract. Act, notwithstanding the exercise of due (3) Convict labor. No convict labor may be care, may— employed under this contract. (1) If the amount determined is more than (4) Veterans preference. In the employment $100, apply to the Administrator for a rec- of labor (except in executive, administrative, ommendation to the Secretary of Labor that and supervisory positions), preference shall an appropriate adjustment be made or that be given to qualified individuals who have he be relieved of liability for the liquidated served in the military service of the United damages; or States (as defined in section 101(1) of the Sol- (2) If the amount determined is $100 or less, diers’ and Sailors’ Civil Relief Act of 1940 (50 apply to the Administrator for an appro- U.S.C. App. 501) and have been honorably dis- priate adjustment in liquidated damages or charged from the service, except that pref- for release from liability for the liquidated erence may be given only where that labor is damages.

available locally and is qualified to perform III. Corrected Wage Determinations the work to which the employment relates.

(5) Withholding: sponsor from contractor.

The Secretary of Labor corrects any wage Whether or not payments or advances to the determination included in any contract [insert sponsor’s name] are withheld or sus- under this appendix whenever the wage de- pended by the FAA, the [insert sponsor’s termination contains clerical errors. A cor- name] may withhold or cause to be withheld rection may be made at the Administrator’s from the contractor so much of the accrued request or on the initiative of the Secretary payments or advances as may be considered of Labor.

necessary to pay laborers and mechanics em- ployed by the contractor or any subcon- IV. Applicability of Interpretations of the tractor on the work the full amount of wages Secretary of Labor required by this contract.

When applicable by their terms, the regu- (6) Nonpayment of wages. If the contractor lations of the Secretary of Labor (29 CFR or subcontractor fails to pay any laborer or 5.20–5.32) interpreting the ‘‘fringe benefit mechanic employed or working on the site of provisions’’ of the Davis-Bacon Act apply to the work any of the wages required by this the contract provisions in this appendix.

contract the [insert sponsor’s name] may, after written notice to the contractor, take V. Records such action as may be necessary to cause the suspension of any further payment or ad- A sponsor who is required to include in a vance of funds until the violations cease. construction contract the labor provisions (7) FAA inspection and review. The con- required by this appendix shall require the tractor shall allow any authorized represent- contractor to comply with those provisions ative of the FAA to inspect and review any and shall cooperate with the FAA in effect- work or materials used in the performance of ing that compliance. For this purpose the this contract.

sponsor shall— (8) Subcontracts. The contractor shall insert (1) Keep, and preserve, the record described in each of his subcontracts the provisions in paragraph IC for a 3-year period beginning contained in paragraphs [insert designation on the date the contract is completed, each of 6 paragraphs of contract corresponding to affidavit and payroll copy furnished by the paragraphs (1), (3), (4), (5), (6), and (7) of this contractor, and make those affidavits and paragraph], and also a clause requiring the copies available to the FAA, upon request, subcontractors to include these provisions in during that period; any lower tier subcontracts which they may (2) Have each of those affidavits and pay- enter into, together with a clause requiring rolls examined by its resident engineer (or this insertion in any further subcontracts any other of its employees or agents who is that may in turn be made.

qualified to make the necessary determina- (9) Contract termination. A breach of para- tions), as soon as possible after receiving it, graphs [insert designation of 3 paragraphs to the extent necessary to determine wheth- corresponding to paragraphs (6), (7), and (8) er the contractor is complying with the of this paragraph] may be grounds for termi- labor provisions required by this appendix nation of the contract.

and particularly with respect to whether the contractor’s employees are correctly classi- II. Adjustment in Liquidated Damages fied; A contractor or subcontractor who has be- (3) Have investigations made during the come liable for liquidated damages under the performance of work under the contract, to provision set out in paragraph I.G of this ap- the extent necessary to determine whether pendix and who claims that the amount ad- the contractor is complying with those labor ministratively determined as liquidated provisions, including in the investigations, damages under section 104(a) of the Contract interviews with employees and examinations Work Hours and Safety Standards Act is in- of payroll information at the work site by VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00763 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 152, App. B the sponsor’s resident engineer (or any other 150/5335–4—Airport Design Standards—Air- of its employees or agents who is qualified to ports Served by Air Carriers—Runway Geo- make the necessary determinations); metrics.

(4) Keep the appropriate FAA office fully 150/5340–1D—Marking of Paved Areas on Air- advised of all examinations and investiga- ports.

tions made under this appendix, all deter- 150/5340–4C—Installation Details for Runway minations made on the basis of those exami- Centerline and Touchdown Zone Lighting nations and investigations, and all efforts Systems.

made to obtain compliance with the labor 150/5340–5A—Segmented Circle Airport Mark- provisions of the contract; and er System.

(5) Give priority to complaints of alleged 150/5340–8—Airport 51-foot Tubular Beacon violations, and treat as confidential any Tower.

written or oral statements made by any em- 150/5340–14B—Economy Approach Lighting ployee in connection with a complaint, and Aids.

not disclose an employee’s statement made 150/5340–17A—Standby Power for Non-FAA in connection with a complaint to a con- Airport Lighting System.

tractor without the employee’s consent.

150/5340–18—Taxiway Guidance Sign System.

[Docket 19430, 45 FR 34793, May 22, 1980] 150/5340–19—Taxiway Centerline Lighting System.

A PPENDIX B TO P ART 152—L IST OF A DVI - 150/5340–20—Installation Details and Mainte- SORY C IRCULARS INCORPORATED BY nance Standards for Reflective Markers for Airport Runway and Taxiway Centerlines.

§ 152.11 150/5340–21—Airport Miscellaneous Lighting (a) Circulars available free of charge.

Visual Aids.

AC/5340–22—Maintenance Guide for Deter- Number and Subject mining Degradation and Cleaning of Cen- 150/5100–12—Electronic Navigational Aids Ap- terline and Touchdown Zone Lights.

proved for Funding Under the Airport De- 150/5340–23A—Supplemental Wind Cones.

velopment Aid Program (ADAP). 150/5340–24—Runway and Taxiway Edge 150/5190–3A—Model Airport Hazard Zoning Lighting System.

Ordinance.

150/5340–25—Visual Approach Slope Indicator 150/5210–7A—Aircraft Fire and Rescue Com- (VASI) Systems.

munications.

150/5345–1E—Approved Airport Lighting 150/5210–10—Airport Fire and Rescue Equip- Equipment.

ment Building Guide.

150/5345–2—Specification for L–810 Obstruc- 150/5300–2C—Airport Design Standards—Site tion Light.

Requirements for Terminal Navigational 150/5345–3C—Specification for L–821 Panels Facilities.

for Remote Control of Airport Lighting.

150/5300–4B—Utility Airports—Air Access to 150/5345–4—Specification for L–829 Internally National Transportation.

Lighted Airport Taxi Guidance Sign.

150/5300–6—Airport Design Standards—Gen- 150/5345–5—Specification for L–847 Circuit Se- eral Aviation Airports—Basic and General lector Switch, 5,000 Volt 20 Ampere.

Transport.

150/5345–7C—Specification for L–824 Under- 150/5300–8—Planning and Design Criteria for ground Electrical Cable for Airport Light- Metropolitan STOL Ports.

ing Circuits.

150/5320–6B—Airport Pavement Design and 150/5345–10C—Specification for L–828 Con- Evaluation.

stant Current Regulators.

150/5320–10—Environmental Enhancement at 150/5345–11—Specification for L–812 Static In- Airports—Industrial Waste Treatment.

door Type Constant Current Regulator As- 150/5320–12—Methods for the Design, Con- sembly; 4 KW and 7 ⁄2 KW, With Brightness struction, and Maintenance of Skid Resist- Control for Remote Operation.

ant Airport Pavement Surfaces.

150/5345–12A—Specification for L–801 Beacon.

150/5325–2C—Airport Design Standards—Air- 150/5345–13—Specification for L–841 Auxiliary ports Served by Air Carriers—Surface Gra- Relay Cabinet Assembly for Pilot Control dient and Line-of-Sight.

of Airport Lighting Circuits.

150/5325–4—Runway Length Requirements for 150/5345–18—Specification for L–811 Static In- Airport Design.

door Type Constant Current Regulator As- 150/5325–6A—Airport Design Standards—Ef- sembly, 4 KW; With Brightness Control and fect and Treatment of Jet Blast.

Runway Selection for Direct Operation.

150/5325–8—Compass Calibration Pad.

150/5335–1A—Airport Design Standards—Air- 150/5345–21—Specification for L–813 Static In- ports Served by Air Carriers—Taxiways. door Type Constant Current Regulator As- 150/5335–2—Airport Aprons. sembly; 4 KW and 7 ⁄2 KW; for Remote Op- 150/5335–3—Airport Design Standards—Air- eration of Taxiway Lights.

ports Served by Air Carriers—Bridges and 150/5345–26A—Specification for L–823 Plug Tunnels on Airports. and Receptacle. Cable Connectors.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00764 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT Pt. 152, App. C 150/5345–27A—Specification for L–807 Eight- determine whether it may be certified in ac- foot and Twelve-foot Unlighted or Exter- cordance with Attachment O of OMB Cir- nally Lighted Wind Cone Assemblies. cular A–102.

150/5345–28C—Specification for L–851 Visual 2. Out-of-state labor. No procedure or re- Approach Slope Indicators and Accessories. quirement shall be imposed by any grantee which will operate to discriminate against 150/5345–36—Specification for L–808 Lighted the employment of labor from any other Wind Tee.

150/5345–39A—FAA Specification for L–853, State, possession, or territory of the United Runway and Taxiway Retroreflective States in the construction of a project.

Markers. 3. Bid guarantee. All bids for construction 150/5345–42A—FAA Specification L–857, Air- or facility improvement in excess of $100,000 port Light Bases, Transformer Housings, shall be accompanied by a bid guarantee con- and Junction Boxes. sisting of a firm commitment such as a bid 150/5345–43B—FAA/DOD Specification L–856, bond, certified check or other negotiable in- strument equivalent to five percent of the High Intensity Obstruction Lighting Sys- bid price as assurance that the bidder will, tems.

upon acceptance of his bid, execute such con- 150/5345–44A—Specification for L–858 tractual documents as may be required with- Retroreflective Taxiway Guidance Sign.

in the time specified.

150/5345–45—Lightweight Approach Light 4. Construction work. All construction work Structure.

150/5345–46—Specification for Semiflush Air- under a project must be performed under port Lights. contract, except in a case where the Admin- 150/5345–47—Isolation Transformers for Air- istrator determines that the project, or a part of it, can be more effectively and eco- port Lighting Systems.

nomically accomplished on a force account 150/5345–48—Specification for Runway and basis by the sponsor or by another public Taxiway Edge Lights.

agency acting for or as agent of the sponsor.

150/5360–6—Airport Terminal Building Devel- 5. Change order. Unless otherwise author- opment with Federal Participation.

ized by the Administrator, no sponsor may 150/5360–7—Planning and Design Consider- issue any change order under any of its con- ations for Airport Terminal Building De- struction contracts or enter into a supple- velopment.

150/5370–7—Airport Construction Controls to mental agreement unless three copies of that order or agreement have been sent to, and Prevent Air and Water Pollution.

approved by, the FAA.

150/5370–9—Slip-Form Paving—Portland Ce- 6. Beginning work. No sponsor may allow a ment Concrete.

contractor or subcontractor to begin work 150/5370–11—Use of Nondestructive Testing under a project until— Devices in the Evaluation of Airport Pave- a. The sponsor has furnished three con- ments.

formed copies of the contract to the appro- (b) Circulars for sale.

priate FAA office; b. The sponsor has, if applicable, submitted Number and Subject a statement that comparable replacement 150/5320–5B—Airport Drainage; $1.30.

housing, as defined in § 25.15 of the Regula- 150/5370–10—Standards for Specifying Con- tions of the Office of the Secretary of Trans- struction of Airports; $7.25.

portation, will be available within a reason- 150/5390–1A—Heliport Design Guide; $1.50.

able period of time before displacement.

[Docket 19430, 45 FR 34795, May 22, 1980] c. The appropriate FAA office has agreed to the issuance of a notice to proceed with A PPENDIX C TO P ART 152—P ROCUREMENT the work to the contractor.

7. Supervision and inspection. No work will PROCEDURES AND R EQUIREMENTS be commenced until the sponsor has provided There is set forth below procurement pro- for adequate supervision and inspection of cedures and requirements applicable to construction and advised the appropriate grants for airport development under the FAA office.

Airport and Airway Development Act of 1970. 8. Engineering and planning services. Unless 1. General. Each contract under a project otherwise authorized by the Administrator, must meet the requirements of local law and each proposal for engineering and planning the requirements and standards contained in services shall be reviewed by FAA before the this appendix. The sponsor shall establish commencement of the development of design procedures for procurement of supplies, plans and specifications.

equipment, construction, and services funded 9. Advertising general. Unless the Adminis- under the project which meet the require- trator approves another method for use on a ments of Attachment O of Office of Manage- particular airport development project, each ment and Budget (OMB) Circular A–102 (44 contract and supplemental agreement for FR 47874) and of this appendix. Subject to construction work on a project in the funding and time limitations, the FAA re- amount of more than $10,000 must be award- views the sponsor’s procurement system to ed on the basis of public advertising and VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00765 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 152, App. C open competitive bidding under the local law 120 days from the date of the determinations.

applicable to the letting of public contracts. If it appears that a determination may ex- 10. Advertising: conditions and contents. pire between bid opening and award, the There may be no advertisement for bids on, sponsor shall so advise the FAA as soon as or negotiation of, a construction contract or possible. If it wishes a new request for wage supplemental agreement until the Adminis- determination to be made and if any perti- trator has either approved the plans and nent circumstances have changed, it shall specifications or accepted a certification in submit the appropriate form of the Depart- accordance with § 152.7 that they meet all ap- ment of Labor and accompanying informa- plicable standards prescribed by this part.

tion. If it claims that the determination ex- The advertisement shall inform the bidders pires before award and after bid opening due of the equal employment opportunity re- to unavoidable circumstances, it shall sub- quirements of part 152. Unless the estimated mit proof of the facts which it claims sup- contract price or construction cost in $2,000 port a finding to that effect.

or less, there may be no advertisement for (b) The Secretary of Labor may modify any bids or negotiations until the Administrator wage determination before the award of the has given the sponsor a copy of a decision of contract or contracts for which it was the Secretary of Labor establishing the min- sought. If the proposed contract is awarded imum wage rates for skilled and unskilled on the basis of public advertisement and labor under the proposed contract. In each open competitive bidding, any modification case, a copy of the wage determination deci- that the FAA receives less than 10 days be- sion, including fringe benefits, must be set fore the opening of bids is not effective, un- forth in the initial invitation for bids or pro- less the Administrator finds that there is posed contract, or incorporated therein by reasonable time to notify bidders. A modi- reference to a copy set forth in the adver- fication may not continue in effect beyond tised or negotiated specifications.

the effective period of the wage determina- 11. Procedures for obtaining wage determina- tion to which it relates. The Administrator tions. (a) Specific request for wage determina- sends any modification to the sponsor as tion. At least 60 days before the intended soon as possible. If the modification is effec- date of advertising or negotiating of this sec- tive, it must be incorporated in the invita- tion, the sponsor shall send to the appro- tion for bids, by issuing an addendum to the priate FAA office, completed Department of specifications or otherwise.

Labor Form DB–11 or DB–11(a), as appro- priate, with only the classifications needed 13. Awarding contracts. (a) A sponsor may in the performance of the work checked.

not award a construction contract without General entries (such as ‘‘entire schedule’’ or the written concurrence of the Adminis- ‘‘all applicable classifications’’) may not be trator (through the appropriate FAA office) used. Additional necessary classifications that the contract prices are reasonable. A not on the form may be typed in the blank sponsor that awards contracts on the basis of spaces or on an attached separate list. A public advertising and open competitive bid- classification that can be fitted into classi- ding, shall, after the bids are opened, send a fications on the form, or a classification that tabulation of the bids and its recommenda- is not generally recognized in the area or in tions for award to the appropriate FAA of- the industry, may not be used. Except in fice. The sponsor may not accept a bid by a areas where the wage patterns are clearly es- contractor whose name appears on the cur- tablished, the Form must be accompanied by rent list of ineligible contractors published any available pertinent wage payment or lo- by the Comptroller General of the United cally prevailing fringe benefit information.

States under § 5.6(b) of the regulations of the (b) General wage determination. Whenever Secretary of Labor (29 CFR part 5), or a bid the wage patterns in a particular area for a by any firm, corporation, partnership, or as- particular type of construction are well set- sociation in which an ineligible contractor tled and whenever it may be reasonably an- has a substantial interest.

ticipated that there will be a large volume of (b) A sponsor’s proposed contract must procurement in that area for that type of have pre-award review and approval by the construction, the Secretary of Labor, upon FAA in any of the following circumstances: the request of a Federal agency or in his dis- (1) The sponsor’s procurement system is cretion, may issue a general wage deter- not in compliance with one or more signifi- mination when, after consideration of the cant aspects of Attachment O of OMB Cir- facts and circumstances involved, he finds cular A–102 or with the standards of this ap- that the applicable statutory standards and pendix.

those of part 1, 29 CFR, subtitle A, will be (2) The procurement is expected to exceed met. This general wage determination is $10,000 and is to be awarded without competi- used for all projects located in the area and tion or only one bid or offer is received in re- for the type of construction covered by the sponse to solicitation.

general wage determination.

12. Advertising: wage determinations. (a) (3) The procurement is expected to exceed Wage determinations are effective only for $10,000 and specifies a ‘‘brand name’’ product.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00766 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT Pt. 152, App. D (c) The FAA may require pre-award review 16. Exceptions. (a) Paragraphs 1 through 5 and approval of a sponsor’s proposed con- and paragraphs 9 through 13 of this section tract under any of the following cir- do not apply to contracts with the owners of cumstances: airport hazards, buildings, pipelines, (1) The sponsor’s procurement system has powerlines, or other structures or facilities, not yet been reviewed by the FAA for com- for installing, extending, changing, remov- pliance with OMB Circular A–102 and this ap- ing, or relocating any of those structures or pendix.

facilities. However, the sponsor must obtain (2) The sponsor has requested pre-award as- the approval of the appropriate FAA office sistance.

before entering into such a contract.

(3) The proposal is for automatic data proc- (b) Any oral or written agreement or un- essing in accordance with paragraph C1 of derstanding between a sponsor and another Attachment B to Federal Management Cir- public agency that is not a sponsor of the cular 74–4 (39 FR 27133; 43 FR 50977).

project, under which that public agency un- (4) The proposal is one of a series with the dertakes construction work for or as agent same firm.

of the sponsor, is not considered to be a con- (5) The proposal is to be performed outside struction contract for the purposes of this the recipient’s established procurement sys- appendix.

tem or office.

[Docket 19430, 45 FR 34796, May 22, 1980] (6) The proposal is for construction and is to be awarded through the negotiation pro- A PPENDIX D TO P ART 152—A SSURANCES curement method or without competition.

14. Force account work. Before undertaking There is set forth below the assurances any force account construction work, the that the sponsor or planning agency must sponsor (or any public agency acting as submit with its application in accordance agent for the sponsor) must obtain the writ- with §§ 152.111 or 152.113, as applicable.

ten consent of the Administrator through the appropriate FAA office. In requesting I. General Assurance that consent, the sponsor must submit— (a) Adequate plans and specifications show- Each applicant for an airport development ing the nature and extent of the construc- grant or an airport planning grant shall sub- tion work to be performed under that force mit the following assurance: account; The applicant hereby assures and certifies (b) A schedule of the proposed construction that it will comply with the regulations, and of the construction equipment that will policies, guidelines, and requirements, in- be available for the project; cluding Office of Management and Budget (c) Assurance that adequate labor, mate- Circulars No. A–95 (41 FR 2052), A–102 (42 FR rial, equipment, engineering personnel, as 45828), and FMC 74–4 (39 FR 27133; as amended well as supervisory and inspection personnel by 43 FR 50977), as they relate to the applica- as required by this appendix, will be pro- tion, acceptance, and use of Federal funds for vided; and this federally-assisted project.

(d) A detailed estimate of the cost of the work, broken down for each class of costs in- II. Airport Development volved, such as labor, materials, rental of A. Assurances. Each applicant for an air- equipment, and other pertinent items of port development grant shall submit the fol- cost.

lowing assurances: 15. Each sponsor shall — 1. Authority of applicant. It possesses legal (a) Include the equal opportunity clause re- authority to apply for the grant, and to fi- quired by 41 CFR 60–1.4(b) in each nonexempt nance and construct the proposed facilities; construction contract and subcontract; that a resolution, motion or similar action (b) Prior to the award of each nonexempt has been duly adopted or passed as an official contract, require each prime contractor and act of the applicant’s governing body, au- subcontractor to submit the certification re- thorizing the filing of the application, in- quired by 41 CFR 60–1.8(b); cluding all understandings and assurances (c) Include the Notice of Requirement for contained therein, and directing and author- Affirmative Action to Ensure Equal Employ- izing the person identified as the official rep- ment Opportunity (Executive Order 11246) re- resentative of the applicant to act in connec- quired by 41 CFR 60–4.2 in all solicitations tion with the application and to provide such for offers and bids on each nonexempt con- additional information as may be required.

struction contract and subcontract; (d) Include the Standard Federal Equal 2. E.O. 11296 and E.O. 11288. It will comply Employment Opportunity Construction Con- with the provisions of: Executive Order 11296, tract Specifications (Executive Order 11246) relating to evaluation of flood hazards, and required by 41 CFR 60–4.3(a) in each non- Executive Order 11288, relating to the pre- exempt construction contract and sub- vention, control, and abatement of water contract. pollution.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00767 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 152, App. D 3. Sufficiency of funds. It will have suffi- 11. Civil Rights. It will comply with Title VI cient funds available to meet the non-Fed- of the Civil Rights Act of 1964 (Pub. L. 88–352) eral share of the cost for construction and in accordance with Title VI of that Act, projects. Sufficient funds will be available no person in the United States shall, on the when construction is completed to assure ef- ground of race, color, or national origin, be fective operation and maintenance of the fa- excluded from participation in, be denied the cility for the purposes constructed. benefits of, or be otherwise subjected to dis- crimination under any program or activity 4. Construction. It will obtain approval by for which the applicant receives Federal fi- the appropriate Federal agency of the final nancial assistance and will immediately working drawings and specifications before take any measures necessary to effectuate the project is advertised or placed on the this agreement. If any real property or struc- market for bidding; that it will construct the project, or cause it to be constructed, to ture thereon is provided or improved with final completion in accordance with the ap- the aid of Federal financial assistance ex- plication and approved plans and specifica- tended to the Applicant, this assurance shall tion; that it will submit to the appropriate obligate the Applicant, or in the case of any Federal agency for prior approval changes transfer of such property, any transferee, for that alter the costs of the project, use of the period during which the real property or space, or functional layout; that it will not structure is used for a purpose for which the enter into a construction contract(s) for the Federal financial assistance is extended or project or undertake other activities until for another purpose involving the provision the conditions of the construction grant pro- of similar services or benefits.

gram(s) have been met.

12. Private gain. It will establish safeguards 5. Supervision, inspection, and reporting. It to prohibit employees from using their posi- will provide and maintain competent and tions for a purpose that is or gives the ap- adequate architectural engineering super- pearance of being motivated by a desire for vision and inspection at the construction private gain for themselves or others, par- site to insure that the completed work con- ticularly those with whom they have family, forms with the approved plans and specifica- business, or other ties.

tions; that it will furnish progress reports 13. Relocation assistance. It will comply and such other information as the Federal with the requirements of Title II and Title grantor agency may require. III of the Uniform Relocation Assistance and 6. Operation of facility. It will operate and Real Property Acquisition Policies Act of maintain the facility in accordance with the 1970 (Pub. L. 91–646) which provides for fair minimum standards as may be required or and equitable treatment of persons displaced prescribed by the applicable Federal, State as a result of Federal and federally assisted and local agencies for the maintenance and programs.

operation of such facilities.

14. OMB Circular A–102. It will comply with 7. Access to records. It will give the grantor all requirements imposed by the Federal agency and the Comptroller General through grantor agency concerning special require- any authorized representative access to and ments of law, program requirements, and the right to examine all records, books, pa- other administrative requirements approved pers, or documents related to the grant. in accordance with Office of Management 8. Access for handicapped. It will require the and Budget Circular No. A–102.

facility to be designed to comply with part 15. Hatch Act. It will comply with the pro- 27, Nondiscrimination on the Basis of Handi- visions of the Hatch Act which limit the po- cap in Federally Assisted Programs and Ac- litical activity of employees.

tivities Receiving or Benefiting from Federal 16. Federal Fair Labor Standards Act. It will Financial Assistance, of the Regulations of comply with the minimum wage and max- the Office of the Secretary of Transportation imum hours provisions of the Federal Fair (49 CFR part 27). The applicant will be re- Labor Standards Act, as they apply to hos- sponsible for conducting inspections to in- pital and eduational institution employees sure compliance with these specifications by of State and local governments.

the contractor.

17. Effective date and duration. These cov- 9. Commencement and completion. It will enants shall become effective upon accept- cause work on the project to be commenced ance by the sponsor of an offer of Federal aid within a reasonable time after receipt of no- for the Project or any portion thereof, made tification from the approving Federal agency by the FAA and shall constitute a part of the that funds have been approved and that the Grant Agreement thus formed. These cov- project will be prosecuted to completion enants shall remain in full force and effect with reasonable diligence. throughout the useful life of the facilities 10. Disposition of interest. It will not dispose developed under this Project, but in any of or encumber its title or other interests in event not to exceed twenty (20) years from the site and facilities during the period of the date of said acceptance of an offer of Federal interest or while the Government Federal aid for the Project. However, these holds bonds, whichever is the longer. limitations on the duration of the covenants VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00768 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT Pt. 152, App. D do not apply to the covenant against exclu- fore the grant of any assistance under the sive rights and real property acquired with Airport and Airway Development Act.

Federal funds. Any breach of these covenants 20. Public use and benefit. The Sponsor on the part of the sponsor may result in the agrees that it will operate the Airport for suspension or termination of, or refusal to the use and benefit of the public, on fair and reasonable terms, and without unjust dis- grant Federal assistance under, FAA admin- crimination. In furtherance of the covenant istered programs, or such other action which (but without limiting its general applica- may be necessary to enforce the rights of the bility and effect), the Sponsor specifically United States under this agreement.

covenants and agrees: 18. Conditions and limitations on airport use.

a. That in its operation and the operation The Sponsor will operate the Airport as such of all facilities on the Airport, neither it nor for the use and benefit of the public. In fur- any person or organization occupying space therance of this covenant (but without lim- or facilities thereon will discriminate iting its general applicability and effect), the against any person or class of persons by rea- Sponsor specifically agrees that it will keep son of race, color, creed, or national origin in the Airport open to all types, kinds, and the use of any of the facilities provided for classes of aeronautical use on fair and rea- the public on the Airport.

sonable terms without discrimination be- b. That in any agreement, contract, lease tween such types, kinds, and classes. Pro- or other arrangement under which a right or vided, that the sponsor may establish such privilege at the Airport is granted to any fair, equal, and not unjustly discriminatory person, firm, or corporation to conduct or conditions to be met by all users of the air- engage in any aeronautical activity for fur- port as may be necessary for the safe and ef- nishing services to the public at the Airport, ficient operation of the Airport; and Provided the Sponsor will insert and enforce provi- further, That the Sponsor may prohibit or sions requiring the contractor— limit any given type, kind, or class of aero- (1) To furnish said service on a fair, equal, nautical use of the Airport if such action is and not unjustly discriminatory basis to all necessary for the safe operation of the Air- users thereof, and port or necessary to serve the civil aviation (2) To charge fair, reasonable, and not un- needs of the public.

justly discriminatory prices for each unit or 19. Exclusive right. The Sponsor— service; Provided, That the contractor may a. Will not grant or permit any exclusive be allowed to make reasonable and non- right forbidden by Section 308(a) of the Fed- discriminatory discounts, rebates, or other eral Aviation Act of 1958 (49 U.S.C. 1349(a)) at similar types of price reductions to volume the Airport, or at any other airport now purchasers.

owned or controlled by it; c. That it will not exercise or grant any b. Agrees that, in furtherance of the policy right or privilege which would operate to of the FAA under this covenant, unless au- prevent any person, firm or corporation op- thorized by the Administrator, it will not, erating aircraft on the Airport from per- either directly or indirectly, grant or permit forming any services on its own aircraft with any person, firm or corporation the exclusive its own employees (including, but not lim- right at the Airport, or at any other airport ited to maintenance and repair) that it may now owned or controlled by it, to conduct choose to perform.

any aeronautical activities, including, but d. In the event the Sponsor itself exercises not limited to charter flights, pilot training, any of the rights and privileges referred to in aircraft rental and sightseeing, aerial pho- subsection b, the services involved will be tography, crop dusting, aerial advertising provided on the same conditions as would and surveying, air carrier operations, air- apply to the furnishing of such services by craft sales and services, sale of aviation pe- contractors or concessionaires of the Spon- troleum products whether or not conducted sor under the provisions of such subsection in conjunction with other aeronautical ac- b.

tivity, repair and maintenance of aircraft, 21. Nonaviation activities. Nothing contained sale of aircraft parts, and any other activi- herein shall be construed to prohibit the ties which because of their direct relation- granting or exercise of an exclusive right for ship to the operation of aircraft can be re- the furnishing of nonaviation products and garded as an aeronautical activity.

supplies or any service of a nonaeronautical c. Agrees that it will terminate any exist- nature or to obligate the Sponsor to furnish ing exclusive right to engage in the sale of any particular nonaeronautical service at gasoline or oil, or both, granted before July the Airport.

17, 1962, at such an airport, at the earliest re- 22. Operation and maintenance of the airport.

newal, cancellation, or expiration date appli- The Sponsor will operate and maintain in a cable to the agreement that established the safe and serviceable condition the Airport exclusive right; and and all facilities thereon and connected d. Agrees that it will terminate any other therewith which are necessary to serve the exclusive right to conduct an aeronautical aeronautical users of the Airport other than activity now existing at such an airport be- facilities owned or controlled by the United VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00769 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 152, App. D States, and will not permit any activity taxiways, aprons, terminal buildings, hang- thereon which would interfere with its use ars and roads), including all proposed exten- for airport purposes; Provided, That nothing sions and reductions of existing airport fa- contained herein shall be construed to re- cilities; and (3) the location of all existing quire that the Airport be operated for aero- and proposed nonaviation areas and of all ex- nautical uses during temporary periods when isting improvements thereon. Such airport snow, flood, or other climatic conditions layout plan and each amendment, revision, interfere with such operation and mainte- or modification thereof, shall be subject to nance; and Provided further, That nothing the approval of the FAA, which approval herein shall be construed as requiring the shall be evidenced by the signature of a duly maintenance, repair, restoration or replace- authorized representative of the FAA on the ment of any structure or facility which is face of the airport layout plan. The Sponsor substantially damaged or destroyed due to will not make or permit any changes or al- an act of God or other condition or cir- terations in the airport or in any of its fa- cumstance beyond the control of the Spon- cilities other than in conformity with the sor. In furtherance of this covenant the spon- airport layout plan as so approved by the sor will have in effect at all times arrange- FAA, if such changes or alterations might ments for— adversely affect the safety, utility, or effi- a. Operating the airport’s aeronautical fa- ciency of the Airport.

cilities whenever required; 26. Federal use of facilities. All facilities of b. Promptly marking and lighting hazards the Airport developed with Federal aid and resulting from airport conditions, including all those usable for the landing and taking temporary conditions; and c. Promptly notifying airmen of any condi- off of aircraft, will be available to the United tion affecting aeronautical use of the Air- States at all times, without charge, for use port. by government aircraft in common with 23. Airport Hazards. Insofar as it is within other aircraft, except that if the use by gov- its power and reasonable, the Sponsor will, ernment aircraft is substantial, a reasonable either by the acquisition and retention of share, proportional to such use, of the cost of easements or other interests in or rights for operating and maintaining facilities so used, the use of land or airspace or by the adoption may be charged. Unless otherwise deter- and enforcement of zoning regulations, pre- mined by the FAA, or otherwise agreed to by vent the construction, erection, alteration, the Sponsor and the using agency, substan- or growth of any structure, tree, or other ob- tial use of an airport by government aircraft ject in the approach areas of the runways of will be considered to exist when operations the Airport, which would constitute an air- of such aircraft are in excess of those which, port hazard.

in the opinion of the FAA, would unduly In addition, the Sponsor will not erect or interfere with use of the landing area by permit the erection of any permanent struc- other authorized aircraft, or during any cal- ture or facility which would interfere mate- endar month that— rially with the use, operation, or future de- a. Five (5) or more government aircraft are velopment of the Airport, in any portion of a regularly based at the airport or on land ad- runway approach area in which the Sponsor jacent thereto; or has acquired, or hereafter acquires, property b. The total number of movements (count- interests permitting it to so control the use ing each landing as a movement and each made of the surface of the land.

takeoff as a movement) of government air- 24. Use of adjacent land. Insofar as it is craft is 300 or more, or the gross accumula- within its power and reasonable, the Sponsor tive weight of government aircraft using the will, either by the acquisition and retention Airport (the total movements of government of easements or other interests in or rights aircraft multiplied by gross certified weights for the use of land or airspace or by the of such aircraft) is in excess of five million adoption and enforcement of zoning regula- pounds.

tions, take action to restrict the use of land 27. Areas for FAA Use. Whenever so re- adjacent to or in the immediate vicinity of quested by the FAA, the Sponsor will furnish the Airport to activities and purposes com- without cost to the Federal Government, for patible with normal airport operations in- construction, operation, and maintenance of cluding landing and takeoff of aircraft.

facilities for air traffic control activities, or 25. Airport layout plan. The Sponsor will weather reporting activities and communica- keep up to date at all times an airport lay- tion activities related to air traffic control, out plan of the Airport showing (1) bound- such areas of land or water, or estate there- aries of the Airport and all proposed addi- in, or rights in buildings of the Sponsor as tions thereto, together with the boundaries of all offsite areas owned or controlled by the FAA may consider necessary or desirable the Sponsor for airport purposes, and pro- for construction at Federal expense of space posed additions thereto; (2) the location and or facilities for such purposes. The approxi- nature of all existing and proposed airport mate amounts of areas and the nature of the facilities and structures (such as runways, property interests and/or rights so required VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00770 Fmt 8010 Sfmt 8002 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 153.3 will be set forth in the Grant Agreement re- 33. Meaning of terms. Unless the context lating to the project. Such areas or any por- otherwise requires, all terms used in these tion thereof will be made available as pro- covenants which are defined in the Act and vided herein within 4 months after receipt of the Regulations shall have the meanings as- written requests from the FAA. signed to them therein.

28. Fee and rental structure. The airport op- B. Airport Layout Plan Approval. A sponsor erator or owner will maintain a fee and rent- seeking FAA approval of a new or revised al structure for the facilities and services airport layout plan shall submit with the being provided the airport users which will plan an environmental assessment prepared make the Airport as self-sustaining as pos- in conformance with Appendix 6 of FAA sible under the circumstances existing at the Order 1050.1C, ‘‘Policies and Procedures for Airport, taking into account such factors as Considering Environmental Impacts’’ (45 FR the volume of traffic and economy of collec- 2244; January 10, 1980) and FAA Order 5050.4 tion.

‘‘Airport Environmental Handbook’’ (45 FR 29. Reports to FAA. The Sponsor will fur- 56622; August 25, 1980), if an assessment is re- nish the FAA with such annual or special quired by Order 5050.4.

airport financial and operational reports as III. Airport Planning may be reasonably requested. Such reports may be submitted on forms furnished by the Each applicant for an airport planning FAA, or may be submitted in such manner as grant shall submit the assurances numbered the Sponsor elects so long as the essential 1 (except for the phrase ‘‘and to finance and data are furnished. The Airport and all air- construct the proposed facilities’’), 7, 9, 11 port records and documents affecting the (except for the last sentence), and 12, 14, 15, Airport, including deeds, leases, operation 30, and 33 of Part II of this appendix.

and use agreements, regulations, and other instruments, will be made available of in- (Airport and Airway Development Act of spection and audit by the Secretary and the 1970, as amended (49 U.S.C. 1701 et seq. ); sec.

Comptroller General of the United States, or 1.47(f)(1) Regulations of the Office of the Sec- their duly authorized representatives, upon retary of Transportation (49 CFR 1.47(f) (1))) reasonable request. The Sponsor will furnish [Docket 19430, 45 FR 34797, May 22, 1980, as to the FAA or to the General Accounting Of- amended by Amdt. 152–11, 45 FR 56622, Aug.

fice, upon request, a true copy of any such 25, 1980] document.

30. System of accounting. All project ac- counts and records will be kept in accord- PART 153—AIRPORT OPERATIONS ance with a standard system of accounting if so prescribed by the Secretary.

Subpart A—Aviation Safety Inspector 31. Interfering right. If at any time it is de- Access termined by the FAA that there is any out- standing right or claim of right in or to the Sec.

Airport property, other than those set forth 153.1 Applicability.

in Part II of the Application for Federal As- 153.3 Definitions.

sistance, the existence of which creates an 153.5 Aviation safety inspector airport ac- undue risk of interference with the operation cess.

of the Airport or the performance of the cov- enants of this part, the sponsor will acquire, Subpart B [ Reserved ] extinguish, or modify such right or claim of right in a manner acceptable to the FAA.

A UTHORITY : 49 U.S.C. 106(g), 40113, and 32. Performance obligation. The Sponsor will 44701.

not enter into any transaction which would S OURCE : Docket FAA–2007–29237, 73 FR operate to deprive it of any of the rights and 47827, Aug. 15, 2008, unless otherwise noted.

powers necessary to perform any or all of the covenants made herein, unless by such trans- action the obligation to perform all such Subpart A—Aviation Safety covenants is assumed by another public Inspector Access agency found by the FAA to be eligible under the Act and Regulations to assume such obli- § 153.1 Applicability.

gations and having the power, authority, and financial resources to carry out all such obli- This subpart prescribes requirements gations. If an arrangement is made for man- governing Aviation Safety Inspector agement or operation of the Airport by any access to public-use airports and facili- agency or person other than the Sponsor or ties to perform official duties.

an employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to in- § 153.3 Definitions.

sure that the Airport will be operated and The following definitions apply in maintained in accordance with the Act, the Regulations, and these covenants. this subpart: VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00771 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR