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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. 

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 

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732 

14 CFR Ch. I (1–1–24 Edition) 

§ 152.119 

which the notice of opportunity for a 
hearing was published. 

(d) The notice required by paragraph 

(c) of this section must— 

(1) Be published not less than 15 days 

before the date set for the hearing; 

(2) Specify the date, time, and place 

of the hearings; 

(3) Contain a concise description of 

the proposed project; and 

(4) Indicate where and at what time 

more detailed information may be ob-
tained. 

(e) If a public hearing is held, the 

sponsor must— 

(1) Provide the Administrator a sum-

mary of the issues raised, the alter-
natives considered, the conclusion 
reached, and the reasons for that con-
clusion; and 

(2) If requested by the Administrator 

before the hearing, prepare a verbatim 
transcript of the hearing for submis-
sion to the Administrator. 

(f) If a hearing is not held the sponsor 

must submit with its preapplication a 
certification that notice of opportunity 
for a hearing has been provided in ac-
cordance with this section and that no 
request for a public hearing has been 
received. 

[Doc. No. 19430, 45 FR 34784, May 22, 1980, as 
amended by Amdt. 152–11, 45 FR 56622, Aug. 
25, 1980] 

§ 152.119 Contract requirements and 

procurement standards. 

To the extent applicable, all grant 

agreements, contracts, and sub-
contracts involving airport develop-
ment projects or airport planning must 
be in accordance with the contract re-
quirements in appendices A and C, as 
applicable, and the procurement stand-
ards in Attachment O of Office of Man-
agement and Budget Circular A–102 (42 
FR 45828). 

Subpart C—Funding of Approved 

Projects 

S

OURCE

: Docket No. 19430, 45 FR 34789, May 

22, 1980, unless otherwise noted. 

§ 152.201 Applicability. 

This subpart contains the require-

ments for funding projects for airport 
development, airport master planning, 
and airport system planning. 

§ 152.203 Allowable project costs. 

(a) 

Airport development. 

To be an al-

lowable project cost, for the purposes 
of computing the amount of an airport 
development grant, an item that is 
paid or incurred must, in the opinion of 
the Administrator— 

(1) Have been necessary to accom-

plish airport development in con-
formity with— 

(i) The approved plans and specifica-

tions for an approved project; and 

(ii) The terms of the grant agreement 

for the project; 

(2) Be reasonable in amount (subject 

to partial disallowance to the extent 
the Administrator determines it is un-
reasonable); 

(3) Have been incurred after the date 

the grant agreement was executed, ex-
cept that project formulation costs 
may be allowed even though they were 
incurred before that date; 

(4) Be supported by satisfactory evi-

dence; 

(5) Have not been included in an air-

port planning grant; and 

(6) Be a cost determined in accord-

ance with the cost principles for State 
and local governments in Federal Man-
agement Circular 74–4 (39 FR 27133; 43 
FR 50977). 

(b) 

Airport Planning. 

To be an allow-

able project cost, for the purposes of 
computing the amount of an airport 
planning grant, an item that is paid or 
incurred must, in the opinion of the 
Administrator— 

(1) Have been necessary to accom-

plish airport planning in comformity 
with an approved project and the terms 
of the grant agreement for the project; 

(2) Be reasonable in amount; 
(3) Have been incurred after the date 

the grant agreement was entered into, 
except for substantiated and reason-
able costs incurred in designing the 
study effort; 

(4) Be supported by satisfactory evi-

dence; and 

(5) Be figured in accordance with 

Federal Management Circular 74–4 (39 
FR 27133; 43 FR 50977). 

§ 152.205 United States share of 

project costs. 

(a) 

Airport development. 

Except as pro-

vided in paragraphs (b) and (c) of this 
section, the following is the United