title-14-part-151-sec151-39

695

Federal Aviation Administration, DOT

§ 151.39

Area Manager of the area in which the
airport development will be located.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as
amended by Amdt. 151–8, 30 FR 8040, June 23,
1965; Amdt. 151–11, 31 FR 6686, May 5, 1966]

§ 151.35 Airport development and fa-

cilities to which subparts B and C

apply.

(a) Subparts B and C applies to the

following kinds of airport development:

(1) Any work involved in con-

structing, improving, or repairing a
public airport or part thereof, includ-
ing the constructing, altering, or re-
pairing of only those buildings or parts
thereof that are intended to house fa-
cilities or activities directly related to
the safety of persons at the airport.

(2) Removing, lowering, relocating,

marking, and lighting of airport haz-
ards as defined in § 151.39(b).

(3) Acquiring land or an interest

therein, or any easement through or
other interest in air space, that is nec-
essary to allow any work covered by
paragraph (a)(1) or (2) of this section,
or to remove or mitigate, or prevent or
limit the establishment of, airport haz-
ards as defined in § 151.39(b).
It does not apply to the constructing,
altering, or repair of airport hangars or
public parking facilities for passenger
automobiles.

(b) The airport facilities to which

subparts B and C applies are those
structures, runways, or other items, on
or at an airport, that are—

(1) Used or intended to be used, in

connection with the landing, takeoff,
or maneuvering of aircraft, or for or in
connection with operating and main-
taining the airport itself; or

(2) Required to be located at the air-

port for use by the users of its aero-
nautical facilities or by airport opera-
tors, concessionaires, and other users
of the airport in connection with pro-
viding services or commodities to the
users of those aeronautical facilities.

and C, ‘‘public airport’’ means an air-
port used for public purposes, under the
control of a public agency named in
§ 151.37(a), with a publicly owned land-
ing area.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as
amended by Amdt. 151–8, 30 FR 8040, June 23,
1965]

§ 151.37 Sponsor eligibility.

To be eligible to apply for an indi-

vidual or joint project for development
with respect to a particular airport a
sponsor must—

(a) Be a public agency, which in-

cludes for the purposes of this part
only, a State, the District of Columbia,
Puerto Rico, the Virgin Islands, Guam
or an agency of any of them; a munici-
pality or other political subdivision; a
tax-supported organization; or the
United States or an agency thereof;

(b) Be legally, financially, and other-

wise able to—

(1) Make the certifications, represen-

tations, and warranties in the applica-
tion form prescribed in § 151.67(a);

(2) Make, keep, and perform the as-

surances, agreements, and covenants in
that form; and

(3) Meet the other applicable require-

ments of the Federal Airport Act and
subparts B and C;

funds to meet the requirements of
§ 151.23; and

(d) Have, or be able to obtain, prop-

erty interests that meet the require-
ments of § 151.25(a).

For the purpose of paragraph (a) of this
section, the United States, or an agen-
cy thereof, is not eligible for a project
under subparts B and C, unless the
project—

(1) Is located in Puerto Rico, the Vir-

gin Islands, or Guam;

(2) Is in or is in close proximity to a

national park, a national recreation
area, or a national monument; or

(3) Is in a national forest or a special

reservation for United States purposes.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as
amended by Amdt. 151–8, 30 FR 8040, June 23,
1965]

§ 151.39 Project eligibility.

(a) A project for construction or land

acquisition may not be approved under
subparts B and C unless—

(1) It is an item of airport develop-

ment described in § 151.35(a);

(2) The airport development is within

the scope of the current National Air-
port Plan;

696

14 CFR Ch. I (1–1–24 Edition)

§ 151.39

(3) The airport development is, in the

opinion of the Administrator, reason-
ably necessary to provide a needed
civil airport facility;

(4) The Administrator is satisfied

that the project is reasonably con-
sistent with existing plans of public
agencies for the development of the
area in which the airport is located and
will contribute to the accomplishment
of the purposes of the Federal-aid Air-
port Program;

(5) The Administrator is satisfied,

after considering the pertinent infor-
mation including the sponsor’s state-
ments required by § 151.26(b), that—

(i) Fair consideration has been given

to the interest of all communities in or
near which the project is located; and

(ii) Adequate replacement housing

that is open to all persons, regardless
of race, color, religion, sex, or national
origin, is available and has been offered
on the same nondiscriminatory basis to
persons who have resided on land phys-
ically acquired or to be acquired for
the project development and have been
or will be displaced thereby;

(6) The project provides for installing

such of the landing aids specified in
section 10(d) of the Federal Airport Act
(49 U.S.C. 1109(d)) as the Administrator
considers are needed for the safe and
efficient use of the airport by aircraft,
based on the category of the airport
and the type and volume of its traffic.

(b) Only the following kinds of air-

port development described in
§ 151.35(a) are eligible to be included in
a project under subparts B and C:

(1) Preparing all or part of an airport

site, including clearing, grubbing fill-
ing and grading.

(2) Dredging of seaplane anchorages

and channels.

(3) Drainage work, on or off the air-

port or airport site.

(4) Constructing, altering, or repair-

ing airport buildings or parts thereof
to the extent that it is covered by
§ 151.35(a).

(5) Constructing, altering, or repair-

ing runways, taxiways, and aprons, in-
cluding—

(i) Bituminous resurfacing of pave-

ments with a minimum of 100 pounds of
plant-mixed material for each square
yard;

(ii) Applying bituminous surface

treatment on a pavement (in accord-
ance with FAA Specification P–609),
the existing surface of which consists
of that kind of surface treatment; and

(iii) Resealing a runway that has

been substantially extended or par-
tially reconstructed, if that resealing
is necessary for the uniform color and
appearance of the runway.

(6) Fencing, erosion control, seeding

and sodding of an airport or airport
site.

(7) Installing, altering, or repairing

airport markers and runway, taxiway
and apron lighting facilities and equip-
ment.

(8) Constructing, altering, or repair-

ing entrance roads and airport service
roads.

(9) Constructing, installing, or con-

necting utilities, either on or off the
airport or airport site.

(10) Removing, lowering, relocating

marking, or lighting any airport haz-
ard.

(11) Clearing, grading, and filling to

allow the installing of landing aids.

(12) Relocating structures, roads, and

utilities necessary to allow eligible air-
port development.

(13) Acquiring land or an interest

therein, or any easement through or
other interest in airspace, when nec-
essary to—

(i) Allow other airport development

to be made, whether or not a part of
the Federal-aid Airport Program;

(ii) Prevent or limit the establish-

ment of airport hazards;

(iii) Allow the removal, lowering, re-

location, marking, and lighting of ex-
isting airport hazards;

(iv) Allow the installing of landing

aids; or

(v) Allow the proper use, operation,

maintenance, and management of the
airport as a public facility.

(14) Any other airport development

described in § 151.35(a) that is specifi-
cally approved by the Administrator.

For the purposes of paragraph (b)(10) of
this section, an airport hazard is any
structure or object of natural growth
located on or in the vicinity of a public
airport, or any use of land in the vicin-
ity of the airport, that obstructs the
airspace needed for the landing or

697

Federal Aviation Administration, DOT

§ 151.41

takeoff of aircraft or is otherwise haz-
ardous to the landing or takeoff of air-
craft. For the purposes of paragraph
(b)(13) of this section, land acquisition
includes the acquiring of land that is
already developed as a private airport
and the structures, fixtures, and im-
provements that are a part of realty
(other than hangars, other ineligible
structures and parts thereof, fixtures,
and improvements).

has been or will be donated to the spon-
sor is not eligible for inclusion in the
Federal-aid Airport Program, unless
the project also includes other items of
airport development that would require
a sponsor’s contribution equal to or
more than the United States share of
the value of the donated land as ap-
praised by the Administrator.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as
amended by Amdt. 151–8, 30 FR 8040, June 23,
1965; Amdt. 151–17, 31 FR 16524, Dec. 28, 1966;
Amdt. 151–37, 35 FR 5112, Mar. 26, 1970; Amdt.
151–39, 35 FR 5537, Apr. 3, 1970]

§ 151.41 Project costs.

(a) For the purposes of subparts B

and C, project costs consist of any
costs involved in accomplishing a
project, including those of—

(1) Making field surveys;
(2) Preparing plans and specifica-

tions;

(3) Accomplishing or procuring the

accomplishing of the work;

(4) Supervising and inspecting con-

struction work;

(5) Acquiring land, or an interest

therein, or any casement through or
other interest in airspace; and

(6) Administrative and other inci-

dental costs incurred specifically in
connection with accomplishing a
project, and that would not have other-
wise been incurred.

(b) The costs described in paragraph

(a) of this section, including the value
of land, labor, materials, and equip-
ment donated or loaned to the sponsor
and appropriated to the project by the
sponsor, are eligible for consideration
as to their allowability, except for—

(1) That part of the cost of rehabilita-

tion or repair for which funds have
been appropriated under section 17 of
the Federal Airport Act (49 U.S.C.
1116);

(2) That part of the cost of acquiring

an existing private airport that rep-
resents the cost of acquiring passenger
automobile parking facilities, build-
ings to be used as hangars, living quar-
ters, or for nonairport purposes, at the
airport, and those buildings or parts of
buildings the construction of which is
not airport development within the
meaning of § 151.35(a);

(3) The cost of materials and supplies

owned by the sponsor or furnished from
a source of supply owned by the spon-
sor if—

(i) Those materials and supplies were

used for airport development before the
grant agreement was executed; or

(ii) The cost is not supported by prop-

er evidence of quantity and value;

(4) The cost of nonexpendable ma-

chinery, tools, or equipment owned by
the sponsor and used under a project by
the sponsors force account, except to
the extent of the fair rental value of
that machinery, tools, or equipment
for the period it is used on the project;

(5) The costs of general area, urban,

or statewide planning of airports, as
distinguished from planning a specific
project;

(6) The value of any land, including

improvements, donated to the sponsor
by another public agency; and

(7) Any costs incurred in connection

with raising funds by the sponsor, in-
cluding interest and premium charges
and administrative expenses involved
in conducting bond elections and in the
sale of bonds.

for the purposes of computing the
amount of a grant, an item that is paid
or incurred must, in the opinion of the
Administrator—

(1) Have been necessary to accom-

plish airport development in con-
formity with the approved plans and
specifications for an approved project
and with the terms of the grant agree-
ment for the project;

(2) Be reasonable in amount (or be

subject to partial disallowance under
section 13(a)(3) of the Federal Airport
Act (49 U.S.C. 1112(a)(3));

(3) Have been incurred after the date

the grant agreement was executed, ex-
cept that costs of land acquisition,
field surveys, planning, preparing plans
and specifications, and administrative