705 

Federal Aviation Administration, DOT 

§ 151.65 

requested, apply to the FAA, through 
the Area Manager, for payment of the 
United States share of the allowable 
project costs of the acquisition, includ-
ing any acquisition that is completed 
before executing the grant agreement 
and is part of the airport development 
included in the project. 

§ 151.61 Grant payments: Partial. 

(a) Subject to the final determina-

tion of allowable project costs as pro-
vided in § 151.63 partial grant payments 
for project costs may be made to a 
sponsor upon application. Unless pre-
viously agreed otherwise, a sponsor 
may apply for partial payments on a 
monthly basis. The payments may be 
paid, upon application, on the basis of 
the costs of airport development that 
is accomplished or on the basis of the 
estimated cost of airport development 
expected to be accomplished. 

(b) Except as otherwise provided, par-

tial grant payments are made in 
amounts large enough to bring the ag-
gregate amount of all partial payments 
to the estimated United States share of 
the project costs of the airport develop-
ment accomplished under the project 
as of the date of the sponsor’s latest 
application for payment. In addition, if 
the sponsor applies, a partial grant 
payment is made as an advance pay-
ment in an amount large enough to 
bring the aggregate amount of all par-
tial payments to the estimated United 
States share of the estimated project 
costs of the airport development ex-
pected to be accomplished within 30 
days after the date of the sponsor’s ap-
plication for advance payment. How-
ever, no partial payment may be made 
in an amount that would bring the ag-
gregate amount of all partial payments 
for the project to more than 90 percent 
of the estimated United States share of 
the total estimated cost of all airport 
development included in the project, 
but not including contingency items, 
or 90 percent of the maximum obliga-
tion of the United States as stated in 
the grant agreement, whichever 
amount is the lower. In determining 
the amount of a partial grant payment, 
those project costs that the Adminis-
trator considers to be of questionable 
allowability are deducted both from 
the amount of proj- ect costs incurred 

and from the amount of the estimated 
total project cost. 

§ 151.63 Grant payments: Semifinal 

and final. 

(a) Whenever airport development on 

a project is delayed or suspended for an 
appreciable period of time for reasons 
beyond the sponsor’s control and the 
allowability of the project costs of all 
airport development completed has 
been determined on the basis of an 
audit and review of all costs, a semi-
final grant payment may be made in an 
amount large enough to bring the ag-
gregate amount of all partial grant 
payments for the project to the United 
States share of all allowable project 
costs incurred, even if the amount is 
more than the 90 percent limitation 
prescribed in § 151.61(b). However, it 
may not be more than the maximum 
obligation of the United States as stat-
ed in the grant agreement. 

(b) Whenever the project is com-

pleted in accordance with the grant 
agreement, the sponsor may apply for 
final payment. The final payment is 
made to the sponsor if— 

(1) A final inspection of all work at 

the airport site has been made jointly 
by the Area Manager and representa-
tives of the sponsor and the contractor, 
unless the Area Manager agrees to a 
different procedure for final inspection. 

(2) A final audit of the project ac-

count has been completed by appro-
priate personnel of the FAA; and 

(3) The sponsor has furnished final 

‘‘as constructed’’ plans, unless other-
wise agreed to by the Administrator. 

(c) Based upon the final inspection, 

the final audit, the plans, and the docu-
ments and supporting information re-
quired by § 151.57(a), the Administrator 
determines the total amount of the al-
lowable project costs and pays the 
sponsor the United States’ share, less 
the total amount of all prior payments. 

§ 151.65 Memoranda and hearings. 

(a) At any time before the FAA 

issues a grant offer for a project, any 
public agency or person having a sub-
stantial interest in the disposition of 
the project application may file a 
memorandum supporting or opposing it 
with the Area Manager of the area in 

706 

14 CFR Ch. I (1–1–24 Edition) 

§ 151.67 

which the project is located. In addi-
tion, that public agency or person may 
request a public hearing on the loca-
tion of the airport to be developed. If, 
in the Administrator’s opinion, that 
public agency or person has a substan-
tial interest in the matter, a public 
hearing is held. 

(b) The Administrator sets the time 

and place of each hearing under this 
section, to avoid undue delay in dis-
posing of the application, to afford rea-
sonable time for all parties concerned 
to prepare for it, and to hold it at a 
place convenient to the sponsor. Notice 
of the time and place is mailed to the 
public agency or person filing the 
memorandum, the sponsor, and any 
other necessary persons. 

(c) The purpose of the hearing is to 

help the Administrator discover facts 
relating to the location of the airport 
that is proposed to be developed under 
an application pending before him. 
There are no adverse parties or inter-
ests and no defendant or respondent. 
They are not hearings for the purposes 
of 5 U.S.C. 554, 556, and 557, and do not 
terminate in an adjudication as defined 
in that Act. 

(d) Each hearing under this section is 

conducted by a hearing officer des-
ignated by the Administrator. The 
hearing officer decides the length of 
the hearing, the kind of testimony to 
be heard, and all other matters respect-
ing the conduct of the hearing. The 
hearing is recorded in a manner deter-
mined by the hearing officer and the 
record becomes a part of the record of 
the project application. The Adminis-
trator’s decision is not made solely on 
the basis of the hearing, but on all rel-
evant facts. 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–11, 31 FR 6686, May 5, 
1966; Amdt. 151–35, 34 FR 13699, Aug. 27, 1969] 

§ 151.67 Forms. 

(a) The various forms used for the 

purposes of subparts B and C are as fol-
lows: 

(1) Requests for Federal-aid, FAA 

Form 5100–3: Contains a statement re-
questing Federal-aid in carrying out a 
project under the Federal Airport Act, 
with appropriate spaces for inserting 
information needed for considering the 
request, including the location of the 

airport, the amount of funds available 
to the sponsor, a description of the pro-
posed work, and its estimated cost. 

(2) Project application, Form FAA– 

1624: A formal application for Federal- 
aid to carry out a project under this 
part. It contains four parts: 

(i) Part I—For pertinent information 

regarding the airport and proposed 
work included in the project. 

(ii) Part II—For incorporating the 

representations of the sponsor relating 
to its legal authority to undertake the 
project, the availability of funds for its 
share of the project costs, approvals of 
other non-United States agencies, the 
existence of any default on the compli-
ance requirements of § 151.77(a), pos-
sible disabilities, and the ownership of 
lands and interests in lands to be used 
in carrying out the project and oper-
ating the airport. 

(iii) Part III—For incorporating the 

sponsor’s assurances regarding the op-
eration and maintenance of the air-
port, further development of the air-
port, and the acquisition of any addi-
tional interests in lands that may be 
needed to carry out the project or for 
operating the airport. 

(iv) Part IV—For a statement of the 

sponsor’s acceptance, to be executed by 
the sponsor and certificated by its at-
torney. 

(3) [Reserved] 
(4) Grant agreement, Form FAA–1632: 
(i) Part I—Offer by the United States 

to pay a specified percentage of the al-
lowable costs of the project, as de-
scribed therein, on specified terms re-
lating to the undertaking and carrying 
out of the project, determination of al-
lowability of costs, payment of the 
United States share, and operation and 
maintenance of the airport in accord-
ance with assurances in the proj- ect 
application. 

(ii) Part II—Acceptance of the offer 

by the sponsor, execution of the ac-
ceptance by the sponsor, and certifi-
cation by its attorney. 

(5) Periodic cost estimate, Form 

FAA–1629: a certification to be exe-
cuted by the contractor, with space for 
information regarding the progress of 
construction work as of a specific date, 
and the value of the completed work.