title-14-part-152-sec152-113

730

14 CFR Ch. I (1–1–24 Edition)

§ 152.113

(9) The applicable assurances re-

quired by appendix D to this part.

(10) If cosponsors are not willing to

assume, jointly and severally, the obli-
gations imposed on them by this part
and the grant agreement, a statement
satisfactory to the Administrator indi-
cating—

(i) The responsibilities of each spon-

sor with respect to the accomplishment
of the proposed project and the oper-
ation and maintenance of the airport;

(ii) The obligations each will assume

to the United States; and

(iii) The name of the sponsor or spon-

sors who will accept, receipt for, and
disburse grant payments.

(g)

Additional documentation.

The Ad-

ministrator may request additional
documentation as needed to support
specific items of development or to
comply with other Federal and local
requirements as they pertain to the re-
quested development.

(Secs. 303, 307, 308, 312, and 313, Federal Avia-
tion Act of 1958 (49 U.S.C. 1344, 1348, 1349,
1353, and 1354); sec. 6(c), Dept. of Transpor-
tation Act (49 U.S.C. 1655(c)); Airport and
Airway Development Act of 1970, as amended
(49 U.S.C. 1701

et seq.

); sec. 1.47(f)(1), Regula-

tions of the Office of the Secretary of Trans-
portation (49 CFR 1.47(1)); OMB Circular A–
95, Revised (41 FR 2052; Jan. 13, 1976))

[Doc. No. 19430, 45 FR 34784, May 22, 1980, as
amended by Amdt. 152–11, 45 FR 56622, Aug.
25, 1980; 45 FR 58107, Sept. 2, 1980; Amdt. 152–
13, 46 FR 30809, June 11, 1981]

§ 152.113 Application requirements:

Airport planning.

(a)

Application for Federal assistance.

An eligible sponsor or planning agency
that desires to obtain Federal aid for
eligible airport master planning or air-
port system planning must submit an
application for Federal assistance, on a
form and in a manner prescribed by the
Administrator, to the appropriate FAA
Airports District Office or Airports
Field Office having jurisdiction over
the area where the sponsor or planning
agency is located or, where there is no
such office, the Regional Office having
that jurisdiction.

(b) Unless otherwise authorized by

the Administrator, the application re-
quired by paragraph (a) of this section
must be accompanied by the following:

(1) Any comments or statements re-

quired by appendix E, Procedures Im-

plementing Office of Management and
Budget Circular A–95, to this part.

(2) Budget (project costs) information

subdivided into the following func-
tions, as appropriate, and the basis for
computation of these costs:

(i) Third party contracts.
(ii) Sponsor force account costs.
(iii) Administrative costs.
(3) A program narrative describing

the proposed planning project includ-
ing—

(i) The objective;
(ii) The results and benefits expected;
(iii) A Work Statement including—
(A) A detailed description of each

work element;

(B) A list of each organization, con-

sultant, and key individual who will
work on the planning project, and the
nature of the contribution of each; and

complishment; and

(iv) The geographic location of the

airport or the boundaries of the plan-
ning area.

(4) If the sponsor proposes to accom-

plish the project with its own forces or
those of another public or planning
agency—

(i) An assurance that adequate, com-

petent personnel are available to satis-
factorily accomplish the proposed plan-
ning project, and

(ii) A description of the qualifica-

tions of the key personnel.

(5) If cosponsors are not willing to as-

sume, jointly, and severally, the obli-
gations imposed on them by this part
and the grant agreement, a statement
satisfactory to the Administrator indi-
cating—

(i) The responsibilities of each spon-

sor with respect to the accomplishment
of the proposed project;

(ii) The obligations each will assume

to the United States; and

(iii) The name of the sponsor or spon-

sors who will accept, receipt for, and
disburse grant payments.

(6) The assurances on Civil Rights re-

quired by § 21.7 of the Regulations of
the Office of the Secretary of Transpor-
tation (49 CFR 21.7).

(7) The applicable assurances re-

quired by appendix D of this part.

(c)

Additional documentation.

The Ad-

ministrator may request additional
documentation as needed to support a

731

Federal Aviation Administration, DOT

§ 152.117

master plan or system plan, or to com-
ply with other Federal and local re-
quirements as they pertain to the re-
quested plan.

et seq.

); sec. 1.47(f)(1), Regula-

tions of the Office of the Secretary of Trans-
portation (49 CFR 1.47(1)); OMB Circular A–
95, Revised (41 FR 2052; Jan. 13, 1976))

[Doc. No. 19430, 45 FR 34784, May 22, 1980, as
amended by Amdt. 152–13, 46 FR 30809, June
11, 1981]

§ 152.115 Grant agreement: Offer, ac-

ceptance, and amendment.

(a)

Offer.

Upon approving a project

for airport development, airport mas-
ter planning, or airport system plan-
ning, the Administrator issues a writ-
ten offer that sets forth the terms, lim-
itations, and requirements of the pro-
posed agreement.

(b)

Acceptance.

The acceptance of an

offer or an amendment to a grant
agreement must be in writing. The
sponsor’s or planning agency’s attor-
ney must certify that the acceptance
complies with all applicable law, and
constitutes a legal and binding obliga-
tion of the sponsor or planning agency.

(c)

Amendment: Airport development

grants.

The maximum obligation of the

United States under a grant agreement
for an airport development project may
be increased by an amendment if—

(1) Except as otherwise provided by

the Uniform Relocation Assistance and
Real Property Acquisition Policies Act
of 1970, the maximum obligation of the
United States is not increased by more
than 10 percent;

(2) Funds are available for the in-

crease;

(3) The sponsor shows that the in-

crease is justified; and

(4) The change does not prejudice the

interest of the United States.

(d)

Reduction of U.S. Share: Airport de-

velopment grants.

When project work for

which costs have been incurred is de-
leted from a grant agreement, the Ad-
ministrator reduces the maximum obli-
gation of the United States proportion-
ately, based on the cost or value of the
deleted work as shown on the project
application.

(e)

Amendment: Airport planning.

grant agreement for airport planning
may be changed if—

(1) The change does not increase the

maximum obligation of the United
States under the grant agreement; and

(2) The change does not prejudice the

interest of the United States.

§ 152.117 Public hearings.

(a) Before submitting a

preapplication for Federal assistance
for an airport development project in-
volving the location of an airport, an
airport runway, or a runway extension,
the sponsor must give notice of oppor-
tunity for a public hearing, in accord-
ance with paragraph (b) of this section,
for the purpose of—

(1) Considering the economic, social,

and environmental effects of the loca-
tion of the airport, the airport runway,
or the runway extension; and

(2) Determining the consistency of

the location with the goals and objec-
tives of any urban planning that has
been carried out by the community.

(b) The notice of opportunity for pub-

lic hearing must—

(1) Include a concise statement of the

proposed development;

(2) Be published in a newspaper of

general circulation in the communities
in or near which the project may be lo-
cated;

(3) Provide a minimum of 30 days

from the date of the notice for submis-
sion of requests for a hearing by per-
sons having an interest in the eco-
nomic, social, or environmental effects
of the project; and

(4) State that a copy is available of

the sponsor’s environmental assess-
ment, if one is required by appendix 6
of FAA Order 1050.1C, ‘‘Policies and
Procedures for Considering Environ-
mental Impacts’’ (45 FR 2244; Jan. 10,
1980), and FAA Order 5050.4, ‘‘Airport
Environmental Handbook’’ (45 FR
56624; Aug. 25, 1980), and will remain
available, at the sponsor’s place of
business for examination by the public
for a minimum of 30 days, beginning
with the date of the notice, before any
hearing held under the notice.

if requested. If a public hearing is to be
held, the sponsor must publish a notice
of that fact, in the same newspaper in