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14 CFR Ch. I (1–1–24 Edition)
§ 152.7
§ 152.7 Certifications.
(a) Subject to such terms and condi-
tions as the Administrator may pre-
scribe, a sponsor or a planning agency
may submit, with respect to any provi-
sion of this part implementing a statu-
tory or administrative requirement im-
posed on the sponsor or planning agen-
cy under the AADA, a certification
that the sponsor or planning agency
has complied or will comply with the
provision, instead of making the show-
ing required.
(b) The Administrator exercises dis-
cretion in determining whether to ac-
cept a certification.
(c) Acceptance by the Administrator
of a certification from a sponsor or
planning agency may be rescinded by
the Administrator at any time if, in
the Administrator’s opinion, it is nec-
essary to do so.
(d) If the Administrator determines
that it is necessary, the sponsor or
planning agency, on request, shall
show compliance with any requirement
for which a certification was accepted.
§ 152.9 Forms.
Any form needed to comply with this
part may be obtained at any FAA Re-
gional Office or Airports District Of-
fice.
§ 152.11 Incorporation by reference.
(a)
Mandatory standards.
The advisory
circulars listed in appendix B to this
part are incorporated into this part by
reference. The Director, Office of Air-
port Standards, determines the scope
and content of the technical standards
to be included in each advisory circular
in appendix B, and may add to, or de-
lete from, appendix B any advisory cir-
cular or part thereof. Except as pro-
vided in paragraph (c) of this section,
these guidelines are mandatory stand-
ards.
(b)
Modification of standards.
When
necessary to meet local conditions, any
technical standard set forth in appen-
dix B may be modified for individual
projects, if it is determined that the
modifications will provide an accept-
able level of safety, economy, dura-
bility, and workmanship. The deter-
mination and modification may be
made by the Director, Office of Airport
Standards, or the appropriate Regional
Director, in instances where the au-
thority has not been specifically re-
served by the Director, Office of Air-
port Standards.
(c)
State standards.
Standards estab-
lished by a state for airport develop-
ment at general aviation airports in
the state may be the standards applica-
ble to those airports when they have
been approved by the Director, Office
of Airport Standards, or the appro-
priate Regional Director, in instances
where approval authority has not been
specifically reserved by the Director,
Office of Airport Standards.
(d)
Availability of advisory circulars.
The advisory circulars listed in appen-
dix B may be inspected and copied at
any FAA Regional Office or Airports
District Office. Copies of the circulars
that are available free of charge may
be obtained from any of those offices or
from the FAA Distribution Unit, M–
443.1, Washington, DC 20590. Copies of
the circulars that are for sale may be
bought from the Superintendent of
Documents, U.S. Government Printing
Office, Washington, DC 20402.
Subpart B—Eligibility Requirements
and Application Procedures
S
OURCE
: Docket No. 19430, 45 FR 34786, May
22, 1980, unless otherwise noted.
§ 152.101 Applicability.
This subpart contains requirements
and application procedures applicable
to airport development and planning
projects.
§ 152.103 Sponsors: Airport develop-
ment.
(a) To be eligible to apply for a
project for airport development with
respect to a particular airport the fol-
lowing requirements must be met:
(1) Each sponsor must be a public
agency authorized by law to submit the
project application;
(2) If a sponsor is the holder of an air-
port operating certificate issued for the
airport under part 139 of this chapter,
it must be in compliance with the re-
quirements of part 139.
(3) When any of the following agree-
ments is applicable to an airport which
727
Federal Aviation Administration, DOT
§ 152.109
the sponsor owns or controls, the spon-
sor must have complied with the agree-
ment, or show to the satisfaction of the
Administrator that it will comply or,
for reasons beyond its control, cannot
comply with the agreement:
(i) Each grant agreement made with
it under the Federal Airport Act (49
U.S.C. 1101
et seq.
), or the AADA.
(ii) Each convenant in a conveyance
to it under section 16 of the Federal
Airport Act or section 23 of the AADA.
(iii) Each convenant in a conveyance
to it of surplus airport property under
section 13(a) of the Surplus Property
Act (50 U.S.C. App 1622(g)) or under
Regulation 16 of the War Assets Ad-
ministration.
(4) The sponsor, in the case of a sin-
gle sponsor, or one or more of the co-
sponsors must have, or be able to ob-
tain—
(i) Funds to pay all estimated costs
of the project that are not to be born
by the United States; and
(ii) Satisfactory property interests in
the lands to be developed or used as
part of, or in connection with, the air-
port as it will be after the project is
completed.
(b) Another public agency may act as
agent of the public agency that is to
own and operate the airport, for the
purpose of channeling grant funds in
accordance with state or local law,
without becoming a sponsor.
§ 152.105 Sponsors and planning agen-
cies: Airport planning.
(a) To be eligible to apply for a
project for airport planning—
(1) If the project is for airport master
planning—
(i) Each sponsor must be a public
agency and meet the requirements of
§ 152.103(a)(3); and
(ii) The sponsor, in the case of a sin-
gle sponsor, or one or more cosponsors
must be legally able to implement the
planning, within the existing or pro-
posed airport boundaries, that results
from the project study.
(2) If the project is for airport system
planning, each sponsor must be a plan-
ning agency.
(b) Another public agency or plan-
ning agency may act as agent of an-
other public agency or planning agen-
cy, for the purpose of channeling grant
funds in accordance with state or local
law, without becoming a sponsor.
§ 152.107 Project eligibility: Airport de-
velopment.
(a) Except in the case of approved
stage development, each project for
airport development must provide for—
(1) Development of an airport or unit
of an airport that is safe, useful, and
usable; or,
(2) An additional facility that in-
creases the safety, usefulness, and
usability of an airport.
(b) Unless otherwise authorized by
the Administrator, a project for airport
development must involve more than
$25,000 in United States funds.
(c) The development included in a
project for airport development must—
(1) In the opinion of the Adminis-
trator, be ‘‘airport development’’ as de-
fined in § 152.3;
(2) Be identified as airport develop-
ment in the mandatory standards in-
corporated into this part by § 152.11;
and
(3) Be described in an approved air-
port layout plan.
(d) The airport involved in a project
for airport development must be in-
cluded in the current NASP.
(e) In complying with paragraph (a)
of this section, the sponsor must—
(1) Own, acquire, or agree to acquire
control over, or a property interest in,
runway clear zones that the Adminis-
trator considers adequate; and
(2) Provide for approach and runway
lighting systems satisfactory to the
Administrator.
§ 152.109 Project eligibility: Airport
planning.
(a)
Airport master planning.
A pro-
posed project for airport master plan-
ning is not approved unless—
(1) The location of the existing or
proposed airport is included in the cur-
rent NASP;
(2) In the opinion of the Adminis-
trator, the proposed planning would
promote the effective location of public
airports and the development of an
adequate NASP;
(3) The project is airport master
planning as defined in § 152.3;