Document
14 CFR Ch. I (1–1–26 Edition) § 153.5 Air Operations Area (AOA) means a § 153.5 Aviation safety inspector air- portion of an airport, specified in the port access.
airport security program, in which se- Airports, aircraft operators, aircraft curity measures specified in Title 49 of owners, airport tenants, and air agen- the Code of Federal Regulations are cies must grant Aviation Safety In- carried out. This area includes aircraft spectors bearing FAA Form 110A free movement areas, aircraft parking and uninterrupted access to public-use areas, loading ramps, and safety areas, airports and facilities, including AOAs, for use by aircraft regulated under 49 SIDAs, and other secured and re- CFR parts 1542, 1544, and 1546, and any stricted areas. Aviation Safety Inspec- adjacent areas (such as general avia- tors displaying FAA Form 110A do not tion areas) that are not separated by require access media or identification adequate security systems, measures, media issued or approved by an airport or procedures. This area does not in- operator or aircraft operator in order clude the secured area.
to inspect or test compliance, or per- Airport means any public-use airport, form other such duties as the FAA may including heliports, as defined in 49 direct.
U.S.C. 47102, including: (1) A public airport; or Subpart B [ Reserved ] (2) A privately-owned airport used or intended to be used for public purposes PART 155—RELEASE OF AIRPORT that is— PROPERTY FROM SURPLUS PROP- (i) A reliever airport; or ERTY DISPOSAL RESTRICTIONS (ii) Determined by the Secretary to have at least 2,500 passenger boardings Sec.
each year and to receive scheduled pas- 155.1 Applicability.
senger aircraft service.
155.3 Applicable law.
Aviation Safety Inspector means a 155.5 Property and releases covered by this properly credentialed individual who part.
bears FAA Form 110A and is authorized 155.7 General policies.
155.9 Release from war or national emer- under the provisions of 49 U.S.C. 40113 gency restrictions.
to perform inspections and investiga- 155.11 Form and content of requests for re- tions.
lease.
FAA Form 110A means the credentials 155.13 Determinations by FAA.
issued to qualified Aviation Safety In- A UTHORITY : 49 U.S.C. 106(g), 40113, 47151– spectors by the FAA for use in the per- 47153.
formance of official duties.
Secured area means a portion of an S OURCE : Docket 1329, 27 FR 12361, Dec. 13, 1962, unless otherwise noted.
airport, specified in the airport secu- rity program, in which certain security § 155.1 Applicability.
measures specified in Title 49 of the Code of Federal Regulations are car- This part applies to releases from ried out. This area is where aircraft op- terms, conditions, reservations, or re- erators and foreign air carriers that strictions in any deed, surrender of have a security program under 49 CFR leasehold, or other instrument of part 1544 or part 1546 enplane and transfer or conveyance (in this part deplane passengers and sort and load called ‘‘instrument of disposal’’) by baggage and any adjacent areas that which some right, title, or interest of are not separated by adequate security the United States in real or personal systems, measures, or procedures.
property was conveyed to a non-Fed- Security Identification Display Area eral public agency under section 13 of (SIDA) means a portion of an airport, the Surplus Property Act of 1944 (58 specified in the airport security pro- Stat. 765; 61 Stat. 678) to be used by gram, in which security measures spec- that agency in developing, improving, ified in Title 49 of the Code of Federal operating, or maintaining a public air- Regulations are carried out. This area port or to provide a source of revenue includes the secured area and may in- from non-aviation business at a public clude other areas of the airport. airport.
VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00772 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 155.7 to ownership, occupancy, or use of the § 155.3 Applicable law.
lands concerned.
(a) Section 4 of the Act of October 1, 1949 (63 Stat. 700) authorizes the Ad- § 155.5 Property and releases covered ministrator to grant the releases de- by this part.
scribed in § 155.1, if he determines This part applies to— that— (a) Any real or personal property (1) The property to which the release that is subject to the terms, condi- relates no longer serves the purpose for tions, reservations, or restrictions in which it was made subject to the an instrument of disposal described in terms, conditions, reservations, or re- § 155.1; and strictions concerned; or (b) Any release from a term, condi- (2) The release will not prevent ac- tion, reservation, or restriction in such complishing the purpose for which the an instrument, including a release of— property was made subject to the (1) Personal property, equipment, or terms, conditions, reservations, or re- structures from any term, condition, strictions, and is necessary to protect reservation, or restriction so far as or advance the interests of the United necessary to allow it to be disposed of States in civil aviation.
for salvage purposes; (2) Land, personal property, equip- In addition, section 4 of that Act au- ment or structures from any term, con- thorizes the Administrator to grant dition, reservation, or restriction re- the releases subject to terms and con- quiring that it be used for airport pur- ditions that he considers necessary to poses to allow its use, lease, or sale for protect or advance the interests of the nonairport use in place; United States in civil aviation.
(3) Land, personal property, equip- (b) Section 2 of the Act of October 1, ment, or structures from any term, 1949 (63 Stat. 700) provides that the re- condition, reservation, or restriction strictions against using structures for requiring its maintenance for airport industrial purposes in any instrument use; of disposal issued under section (4) Land, personal property, equip- 13(g)(2)(A) of the Surplus Property Act ment, or structures from all terms, of 1944, as amended (61 Stat. 678) are conditions, restrictions, or reserva- considered to be extinguished. In addi- tions to allow its use, lease, sale, or tion, section 2 authorizes the Adminis- other disposal for nonairport purposes; trator to issue any instruments of re- and lease or conveyance necessary to re- (5) Land, personal property, equip- move, of record, such a restriction, ment, or structures from the reserva- without monetary consideration to the tion of right of use by the United United States.
States in time of war or national emer- (c) Section 68 of the Atomic Energy gency, to facilitate financing the oper- Act of 1954, as amended (42 U.S.C. 2098) ation and maintenance or further de- releases, remises, and quitclaims, to velopment of a public airport.
persons entitled thereto, all reserved rights of the United States in radio- § 155.7 General policies.
active minerals in instruments of dis- posal of public or acquired lands. In ad- (a) Upon a request under § 155.11, the dition, section 3 of the Act of October Administrator issues any instrument 1, 1949 (50 U.S.C. App. 1622b) authorizes that is necessary to remove, of record, the Administrator to issue instruments any restriction against the use of prop- that he considers necessary to correct erty for industrial purposes that is in any instrument of disposal by which an instrument of disposal covered by surplus property was transferred to a this part.
non-Federal public agency for airport (b) The Administrator does not issue purposes or to conform the transfer to a release under this part if it would the requirements of applicable law. allow the sale of the property con- Based on the laws cited in this para- cerned to a third party, unless the pub- graph, the Administrator issues appro- lic agency concerned has obligated priate instruments of correction upon itself to use the proceeds from the sale the written request of persons entitled exclusively for developing, improving, VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00773 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 155.9 operating, or maintaining a public air- the Congress, the Government shall port. have the right without charge except (c) Except for a release from a re- as indicated below to the full, unre- striction against using property for in- stricted possession, control, and use of dustrial purposes, the Administrator the landing area, building areas, and does not issue a release under this part airport facilities or any part thereof, unless it is justified under § 155.3(a) (1) including any additions or improve- or (2). ments thereto made subsequent to the (d) The Administrator may issue a declaration of the airport property as release from the terms, conditions, res- surplus: Provided, however, That the ervations, or restrictions of an instru- Government shall be responsible during ment of disposal subject to any other the period of such use for the entire terms or conditions that he considers cost of maintaining all such areas, fa- necessary to protect or advance the in- cilities, and improvements, or the por- terests of the United States in civil tions used, and shall pay a fair rental aviation. Such a term or condition, in- for the use of any installations or cluding one regarding the use of pro- structures which have been added ceeds from the sale of property, is im- thereto without Federal aid.
posed as a personal covenant or obliga- (2) During any national emergency tion of the public agency concerned declared by the President or by Con- rather than as a term or condition to gress, the United States shall have the the release or as a covenant running right to make exclusive or nonexclu- with the land, unless the Adminis- sive use and have exclusive or non- trator determines that the purpose of exclusive control and possession, with- the term or condition would be better out charge, of the airport at which the achieved as a condition or covenant surplus property is located or used or running with the land. of such portion thereof as it may de- (e) A letter or other document issued sire: Provided, however, That the United by the Administrator that merely States shall be responsible for the en- grants consent to or approval of a tire cost of maintaining such part of lease, or to the use of the property for the airport as it may use exclusively, other than the airport use con- or over which it may have exclusive templated by the instrument of dis- possession and control, during the pe- posal, does not otherwise release the riod of such use, possession, or control property from the terms, conditions, and shall be obligated to contribute a reservations, or restrictions of the in- reasonable share, commensurate with strument of disposal. the use made by it, of the cost of main- tenance of such property as it may use § 155.9 Release from war or national nonexclusively or over which it may emergency restrictions.
have nonexclusive control and posses- (a) The primary purpose of each sion: Provided further, That the United transfer of surplus airport property States shall pay a fair rental for its under section 13 of the Surplus Prop- use, control, or possession, exclusively erty Act of 1944 was to make the prop- or nonexclusively, of any improve- erty available for public or civil air- ments to the airport made without port needs. However, it was also in- U.S. aid.
tended to ensure the availability of the (b) A release from the terms, condi- property transferred, and of the entire tions, reservations, or restrictions of airport, for use by the United States an instrument of disposal that might during a war or national emergency, if prejudice the needs or interests of the needed. As evidence of this purpose, armed forces, is granted only after con- most instruments of disposal of surplus sultation with the Department of De- airport property reserved or granted to fense.
the United States a right of exclusive § 155.11 Form and content of requests possession and control of the airport for release.
during a war or emergency, substan- tially the same as one of the following: (a) A request for the release of sur- (1) That during the existence of any plus airport property from a term, con- emergency declared by the President or dition, reservation, or restriction in an VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00774 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 156.1 instrument of disposal need not be in assessment is required by Order 5050.4.
any special form, but must be in writ- Copies of these orders may be exam- ing and signed by an authorized official ined in the Rules Docket, Office of the of the public agency that owns the air- Chief Counsel, FAA, Washington, D.C., port. and may be obtained on request at any (b) A request for a release under this FAA regional office headquarters or part must be submitted in triplicate to any airports district office.
the District Airport Engineer in whose [Docket 1329, 27 FR 12361, Dec. 13, 1962, as district the airport is located.
amended by Amdt. 155–1, 45 FR 56622, Aug. 25, (c) Each request for a release must 1980] include the following information, if applicable and available: § 155.13 Determinations by FAA.
(1) Identification of the instruments (a) An FAA office that receives a re- of disposal to which the property con- quest for a release under this part, and cerned is subject.
supporting documents therefore, exam- (2) A description of the property con- ines it to determine whether the re- cerned.
quest meets the requirements of the (3) The condition of the property con- Act of October 1, 1949 (63 Stat. 700) so cerned.
far as it concerns the interests of the (4) The purpose for which the prop- United States in civil aviation and erty was transferred, such as for use as whether it might prejudice the needs a part of, or in connection with, oper- and interests of the armed forces. Upon ating the airport or for producing reve- a determination that the release might nues from nonaviation business.
prejudice those needs and interests, the (5) The kind of release requested.
Department of Defense is consulted as (6) The purpose of the release.
provided in § 155.9(b).
(7) A statement of the circumstances (b) Upon completing the review, and justifying the release on the basis set receiving the advice of the Department forth in § 155.3(a) (1) or (2) with sup- of Defense if the case was referred to it, porting documents.
the FAA advises the airport owner as (8) Maps, photographs, plans, or simi- to whether the release or a modifica- lar material of the airport and the tion of it, may be granted. If the re- property concerned that are appro- lease, or a modification of it acceptable priate to determining whether the re- to the owner, is granted, the FAA pre- lease is justified under § 155.9.
pares the necessary instruments and (9) The proposed use or disposition of delivers them to the airport owner.
the property, including the terms and conditions of any proposed sale or lease PART 156—STATE BLOCK GRANT and the status of negotiations therefor.
PILOT PROGRAM (10) If the release would allow sale of any part of the property, a certified Sec.
copy of a resolution or ordinance of the 156.1 Applicability.
governing body of the public agency 156.2 Letters of interest.
that owns the airport obligating itself 156.3 Application and grant process.
to use the proceeds of the sale exclu- 156.4 Airport and project eligibility.
sively for developing, improving, oper- 156.5 Project cost allowability.
156.6 State program responsibilities.
ating, or maintaining a public airport.
156.7 Enforcement of State block grant (11) A suggested letter or other in- agreements and other related grant as- strument of release that would meet surances.
the requirements of State and local law A UTHORITY : 49 U.S.C. 106(g), 47101, 47128; 49 for the release requested.
CFR 1.47(f), (k).
(12) The sponsor’s environmental as- sessment prepared in conformance with S OURCE : Docket 35723, 53 FR 41303, Oct. 20, 1988, unless otherwise noted.
Appendix 6 of FAA Order 1050.1C, ‘‘Policies and Procedures for Consid- § 156.1 Applicability.
ering Environmental Impacts’’ (45 FR 2244; Jan. 10, 1980), and FAA Order (a) This part applies to grant appli- 5050.4, ‘‘Airport Environmental Hand- cants for the State block grant pilot book’’ (45 FR 56624; Aug. 25, 1980), if an program and to those States receiving VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00775 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR