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
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