687 

Federal Aviation Administration, DOT 

§ 151.7 

layout plan. Each airport layout plan, 
and any change in it, is subject to FAA 
approval. The Administrator’s signa-
ture on the face of an original airport 
layout plan, or of any change in it, in-
dicates FAA approval. The FAA ap-
proves an airport layout plan only if 
the airport development is sound and 
meets applicable requirements. 

(b) 

Safe, useful, and usable unit. 

Ex-

cept as provided in paragraph (d) of 
this section, each advance planning 
and engineering proposal or airport de-
velopment project must provide for the 
planning or development of— 

(1) An airport or unit of an airport 

that is safe, useful, and usable; or 

(2) An additional facility that in-

creases the safety, usefulness, or 
usability of an airport. 

(c) 

National defense needs. 

The needs 

of national defense are fully considered 
in administering the Federal-aid Air-
port Program. However, approval of an 
advance planning and engineering pro-
posal or a project application is limited 
to planning or airport development 
necessary for civil aviation. 

(d) 

Stage development. 

In any case in 

which airport development can be ac-
complished more economically under 
stage construction, federal funds may 
be programmed in advance for the de-
velopment over two or more years 
under two or more grant agreements. 
In such a case, the FAA makes a ten-
tative allocation of funds for both the 
current and future fiscal years, rather 
than allocating the entire federal share 
in one fiscal year. A grant agreement is 
made only during the fiscal year in 
which funds are authorized to be obli-
gated. Advance planning and engineer-
ing grants are not made under this 
paragraph. 

[Amdt. 151–8, 30 FR 8039, June 23, 1965] 

§ 151.7 Grants of funds: General poli-

cies. 

(a) 

Compliance with sponsorship re-

quirements. 

The FAA authorizes the ex-

penditure of funds under the Federal- 
aid Airport Program for airport plan-
ning and engineering or for airport de-
velopment only if the Administrator is 
satisfied that the sponsor has met or 
will meet the requirements established 
by existing and proposed agreements 
with the United States with respect to 

any airport that the sponsor owns or 
controls. 

(1) Agreements with the United 

States to which this requirement of 
compliance applies include— 

(i) Any grant agreement made under 

the Federal-aid Airport Program; 

(ii) Any covenant in a conveyance 

under section 16 of the Federal Airport 
Act; 

(iii) Any covenant in a conveyance of 

surplus airport property either under 
section 13(g) of the Surplus Property 
Act (50 U.S.C. App. 1622(g)) or under 
Regulation 16 of the War Assets Ad-
ministration; and 

(iv) Any AP–4 agreement made under 

the terminated Development Landing 
Areas National Defense Program and 
the Development Civil Landing Areas 
Program. 

This requirement does not apply to as-
surances required under section 602 of 
the Civil Rights Act of 1964 (42 U.S.C. 
2000d–1) and § 15.7 of the Federal Avia-
tion Regulations (14 CFR 15.7). 

(2) If it appears that a sponsor has 

failed to comply with a requirement of 
an agreement with the United States 
with respect to an airport, the FAA no-
tifies him of this fact and affords him 
an opportunity to submit materials to 
refute the allegation of noncompliance 
or to achieve compliance. 

(3) If a project is otherwise eligible 

under the Federal-aid Airport Pro-
gram, a grant may be made to a spon-
sor who has not complied with an 
agreement if the sponsor shows— 

(i) That the noncompliance is caused 

by factors beyond his control; or 

(ii) That the following circumstances 

exist: 

(

a

) The noncompliance consisted of a 

failure, through mistake or ignorance, 
to perform minor conditions in old 
agreements with the Federal Govern-
ment; and 

(

b

) The sponsor is taking reasonable 

action promptly to correct the defi-
ciency or the deficiency relates to an 
obligation that is no longer required 
for the safe and efficient use of the air-
port under existing law and policy. 

(b) 

Small proposals and projects. 

Unless 

there is otherwise a special need for 
U.S. participation, the FAA includes 
an advance planning and engineering 
proposal or an airport development 

688 

14 CFR Ch. I (1–1–24 Edition) 

§ 151.9 

project in the Federal-aid Airport Pro-
gram only if— 

(1) The advance planning and engi-

neering proposal involves more than 
$1,000 in United States funds; and 

(2) The project application involves 

more than $5,000 in U.S. funds. 

Whenever possible, the sponsor must 
consolidate small projects on a single 
airport in one grant agreement even 
though the airport development is to 
be accomplished over a period of years. 

(c) 

Previously obligated work. 

Unless 

the Administrator specifically author-
izes it, no advance planning and engi-
neering proposal or project application 
may include any planning, engineering, 
or construction work included in a 
prior agreement with the United States 
obligating the sponsor or any other 
non-U.S. public agency to do the work, 
and entitling the sponsor or any other 
non-United States public agency to 
payment of U.S. funds for all or part of 
the work. 

(Secs. 1–15, 17–21, 60 Stat. 170, 49 U.S.C. 1120) 

[Amdt. 151–8, 30 FR 8039, June 23, 1965, as 
amended by Amdt. 151–17, 31 FR 16524, Dec. 
28, 1966; Amdt. 151–19, 32 FR 9220, June 29, 
1967] 

§ 151.9 Runway clear zones: General. 

(a) Whenever funds are allocated for 

developing new runways or landing 
strips, or to improve or repair existing 
runways, the sponsor must own, ac-
quire, or agree to acquire, runway clear 
zones. Exceptions are considered (on 
the basis of a full statement of facts by 
the sponsor) upon a showing of uneco-
nomical acquisition costs, or lack of 
necessity for the acquisition. 

(b) For the purpose of this part, a 

runway clear zone is an area at ground 
level which begins at the end of each 
primary surface defined in § 77.27(a) and 
extends with the width of each ap-
proach surface defined in § 77.27 (b) and 
(c), to terminate directly below each 
approach surface slope at the point, or 
points, where the slope reaches a 
height of 50 feet above the elevation of 
the runway or 50 feet above the terrain 
at the outer extremity of the clear 
zone, whichever distance is shorter. 

(c) For the purposes of this section, 

an airport operator or owner is consid-
ered to have an adequate property in-

terest if it has an easement (or a cov-
enant running with the land) giving it 
enough control to rid the clear zone of 
all obstructions (objects so far as they 
project above the approach surfaces es-
tablished by § 77.27 (b) and (c) of part 77 
of this chapter), and to prevent the cre-
ation of future obstructions; together 
with the right of entrance and exit for 
those purposes, to ensure the safe and 
unrestricted passage of aircraft in and 
over the area. 

[Doc. No. 1329, 27 FR 12349, Dec. 13, 1962, as 
amended by Amdt. 151–7, 30 FR 7484, June 8, 
1965; Amdt. 151–21, 33 FR 258, Jan. 9, 1968] 

§ 151.11 Runway clear zones; require-

ments. 

(a) In projects involving grants-in-aid 

under the Federal-aid Airport Pro-
gram, a sponsor must own, acquire, or 
agree to acquire an adequate property 
interest in runway clear zone areas as 
prescribed in paragraph (b), (c), (d), or 
(e) of this section, as applicable. Prop-
erty interests that a sponsor acquires 
to meet the requirements of this sec-
tion are eligible for inclusion in the 
Program. 

(b) On new airports, the sponsor must 

own, acquire, or agree to acquire ade-
quate property interests in runway 
clear zone areas (in connection with 
initial land acquisition) for all eligible 
runways or landing strips, without sub-
stantial deviation from standard con-
figuration and length. 

(c) On existing airports where new 

runways or landing strips are devel-
oped, the sponsor must own, acquire, or 
agree to acquire adequate property in-
terests in runway clear zone areas for 
each runway and landing strip to be de-
veloped or extended, to the extent that 
the Administrator determines prac-
tical and feasible considering all facts 
presented by the airport owner or oper-
ator, preferably without substantial 
deviation from standard configuration 
and length. 

(d) On existing airports where im-

provements are made to runways or 
landing strips, the sponsor must own, 
acquire, or agree to acquire adequate 
property interests in runway clear zone 
areas for each runway or landing strip 
that is to be improved to the extent 
that the Administrator determines is 
practical and feasible with regard to