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.
(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. 152–13, 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.
A
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.
(c) A public hearing must be provided
if requested. If a public hearing is to be
held, the sponsor must publish a notice
of that fact, in the same newspaper in