title-14-part-152-sec152-3

723

Federal Aviation Administration, DOT

§ 152.3

Airway Development Act of 1970, as
amended (49 U.S.C. 1701

et seq.

§ 152.3 Definitions.

The following are definitions of

terms used throughout this part:

AADA

means the Airport and Airway

Development Act of 1970, as amended
(49 U.S.C. 1701

et seq.

Air carrier airport

means—

(1) An existing public airport regu-

larly served, or a new public airport
that the Administrator determines will
be regularly served, by an air carrier,
other than a charter air carrier, certifi-
cated by the Civil Aeronautics Board
under section 401 of the Federal Avia-
tion Act of 1958; and

(2) A commuter service airport.

Airport

means—

(1) Any area of land or water that is

used, or intended for use, for the land-
ing and takeoff of aircraft;

(2) Any appurtenant areas that are

used, or intended for use, for airport
buildings, other airport facilities, or
rights-of-way; and

(3) All airport buildings and facilities

located on the areas specified in this
definition.

Airport development

means—

(1) Any work involved in con-

structing, improving, or repairing a
public airport or portion thereof, in-
cluding the removal, lowering, reloca-
tion, and marking and lighting or air-
port hazards, and including navigation
aids used by aircraft landing at, or tak-
ing off from, a public airport, and in-
cluding safety equipment required by
rule or regulation for certification of
the airport under section 612 of the
Federal Aviation Act of 1958, and secu-
rity equipment required of the sponsor
by the FAA by rule or regulation for
the safety and security of persons or
property on the airport, and including
snow removal equipment, and includ-
ing the purchase of noise suppressing
equipment, the construction of phys-
ical barriers, and landscaping for the
purpose of diminishing the effect of
aircraft noise on any area adjacent to a
public airport.

(2) Any acquisition of land or of any

interest therein, or of any easement
through or other interest in airspace,
including land for future airport devel-
opment, which is necessary to permit

any such work or to remove or miti-
gate or prevent or limit the establish-
ment of, airport hazards; and

(3) Any acquisition of land or of any

interest therein necessary to insure
that such land is used only for purposes
which are compatible with the noise
levels of the operation of a public air-
port.

Airport hazard

means any structure

or object of natural growth located on
or in the vicinity of a public airport, or
any use of land near a public airport,
that—

(1) Obstructs the airspace required

for the flight of aircraft landing or tak-
ing off at the airport; or

(2) Is otherwise hazardous to aircraft

landing or taking off at the airport.

Airport layout plan

means a plan for

the layout of an airport, showing exist-
ing and proposed airport facilities.

Airport master planning

means the de-

velopment for planning purposes of in-
formation and guidance to determine
the extent, type, and nature of develop-
ment needed at a specific airport.

Airport system planning

means the de-

velopment for planning purposes of in-
formation and guidance to determine
the extent, type, nature, location, and
timing of airport development needed
in a specific area to establish a viable
and balanced system of public airports.

Audit

means the examination and

verification of part or all of the docu-
mentary evidence supporting an item
of project cost in accordance with At-
tachment P of Office of Management
and Budget Circular A–102 (44 FR
60958).

Commuter service airport

means an air

carrier airport—

(1) That is not served by an air car-

rier certificated under section 401 of
the Federal Aviation Act of 1958;

(2) That is regularly served by one or

more air carriers operating under an
exemption granted by the Civil Aero-
nautics Board from section 401(a) of the
Federal Aviation Act of 1958; and

(3) At which not less than 2,500 pas-

sengers were enplaned during the pre-
ceding calendar year by air carriers op-
erating under an exemption from sec-
tion 401(a).

Force account

means—

(1) The sponsor’s or planning agen-

cy’s own labor force; or

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14 CFR Ch. I (1–1–24 Edition)

§ 152.3

(2) The labor force of another public

agency acting as an agent of the spon-
sor or planning agency.

General aviation airport

means a pub-

lic airport other than an air carrier
airport.

Landing area

means an area used, or

intended to be used, for the landing,
takeoff, or surface maneuvering of air-
craft.

NASP

means the National Airport

System Plan.

National Airport System Plan

means

the plan for the development of public
airports in the United States formu-
lated by the Administrator under sec-
tion 12 of the AADA.

Nonrevenue producing public-use areas

means areas that are directly related
to the movement of passengers and
baggage in air commerce within the
boundaries of the airport.

Passengers enplaned

means—

(1) United States domestic, terri-

torial, and international revenue pas-
senger enplanements in scheduled and
nonscheduled service of air carriers;
and

(2) Revenue passenger enplanements

by foreign air carriers in intrastate and
interstate commerce.

Planning agency

means a planning

agency designated by the Adminis-
trator that is authorized by the laws of
a State, the Commonwealth of Puerto
Rico, the Virgin Islands, American
Samoa, the Trust Territory of the Pa-
cific Islands, or Guam, or by the laws
of a political subdivision of any of
those entities, to engage in areawide
planning for the areas in which assist-
ance under this part is to be used.

Project

means a project for the ac-

complishment of airport development,
airport master planning, or airport sys-
tem planning.

Project costs

means any costs involved

in accomplishing a project.

Project formulation costs

means, with

respect to projects for airport develop-
ment, any necessary costs of formu-
lating a project including—

(1) The costs of field surveys and the

preparation of plans and specifications;

(2) The acquisition of land or inter-

ests in land, or easement through or
other interests in airspace; and

(3) Any necessary administrative or

other incidental costs incurred by the

sponsor specifically in connection with
the accomplishment of a project for
airport development, that would not
have been incurred otherwise.

Public agency

means—

(1) A state, the Commonwealth of

Puerto Rico, the Virgin Islands, Amer-
ican Samoa, the Trust Territory of the
Pacific Islands, the Government of the
Northern Marianas, Guam, or any
agency of those entities;

(2) A municipality or other political

subdivision;

(3) A tax-supported organization; or
(4) An Indian tribe or pueblo.

Public airport

means any airport

that—

(1) Is used, or intended to be used, for

public purposes;

(2) Is under the control of a public

agency; and

(3) Has a property interest satisfac-

tory to the Administrator in the land-
ing area.

Reliever airport

means a general avia-

tion airport designated by the Admin-
istrator as having the primary function
of relieving congestion at an air carrier
airport by diverting from that airport
general aviation traffic.

Runway clear zone

means an area at

ground level underlying a portion of
the approach surface specified in the
standards incorporated into this part
by § 152.11.

Satisfactory property interest

means—

(1) Title free and clear of any rever-

sionary interest, lien, easement, lease,
or other encumbrance that, in the
opinion of the Administrator would—

(i) Create an undue risk that it might

deprive the sponsor of possession or
control;

(ii) Interfere with the use of the air-

port for public airport purposes; or

(iii) Make it impossible for the spon-

sor to carry out the agreements and
convenants in its grant application;

(2) Unless a shorter term is author-

ized by the Administrator, a lease of
not less than 20 years granted to the
sponsor by another public agency, or
the United States, that has title as de-
scribed in paragraph (1) of this defini-
tion, on terms that the Administrator
considers satisfactory;

(3) In the case of an off-airport area,

title or an agreement, easement, lease-
hold or other right or property interest

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Federal Aviation Administration, DOT

§ 152.5

that, in the Administrator’s opinion,
provides reasonable assurance that the
sponsor will not be deprived of its right
to use the land for the intended pur-
pose during the period necessary to
meet the requirements of the grant
agreement; or

(4) In the case of a runway clear zone,

an easement or a covenant running
with the land, giving the airport oper-
ator or owner enough control to rid the
clear zone of all airport hazards and
prevent the creation of future airport
hazards.

Sponsor

means any public agency

that, whether individually or jointly
with one or more other public agencies,
submits to the Administrator, in ac-
cordance with this part, an application
for financial assistance.

Stage development

means airport de-

velopment accomplished under stage
construction over not less than two
years where the sponsor assures that
any development not funded under the
initial grant agreement will be com-
pleted with or without Federal funds.

State

means a State of the United

States or the District of Columbia.

Terminal development

means airport

development in the nonrevenue pro-
ducing public-use areas which are asso-
ciated with the terminal and which are
directly related to the movement of
passengers and baggage in air com-
merce within the boundaries of the air-
port, including, but not limited to, ve-
hicles for the movement of passengers
between terminal facilities and air-
craft.

Unified Planning Work Program

means

a single document prepared by a local
areawide planning agency that identi-
fies all transportation and related
planning activities that will be under-
taken within the metropolitan area
during a one-year or two-year period.

§ 152.5 Exemptions.

(a) Except as provided in paragraph

(b) of this section, any interested per-
son may petition the Regional Director
concerned for a temporary or perma-
nent exemption from any requirement
of this part.

(b) The Regional Director concerned

does not issue an exemption from any
rule of this part if the grant of exemp-
tion would be inconsistent with a spe-

cific provision of, or the purpose of, the
AADA, or any other applicable Federal
law.

tion must—

(1) Unless otherwise authorized by

the Regional Director concerned, be
submitted not less than 60 days before
the proposed effective date of the ex-
emption;

(2) Be submitted in duplicate to the

FAA Regional Office or Airports Dis-
trict Office having jurisdiction over
the area in which the airport is lo-
cated;

(3) Contain the text or substance of

the rule from which the exemption is
sought;

(4) Explain the nature and extent of

the relief sought; and

(5) Contain any information, views,

or arguments in support of the exemp-
tion.

(d) The Regional Director concerned

either grants or denies the exemption
and notifies the petitioner of the deci-
sion. The FAA publishes a summary of
the grant or denial of petition for ex-
emption in the F

EDERAL

EGISTER

The summary includes—
(1) The docket number of the peti-

tion;

(2) The name of the petitioner;
(3) A citation of each rule from which

relief is requested;

(4) A brief description of the general

nature of the relief requested; and

(5) The disposition of the petition.
(e) Official FAA records, including

grants and denials of exemptions, re-
lating to petitions for exemption are
maintained in current docket form in
the Office of the Regional Counsel for
the region concerned.

(f) Any interested person may—
(1) Examine any docketed material

at the Office of the Regional Counsel,
at any time after the docket is estab-
lished, except material that is ordered
withheld from the public under section
1104 of the Federal Aviation Act of 1958
(49 U.S.C. 1504); and

(2) Obtain a photostatic or similar

copy of docketed material upon paying
the same fee as that prescribed in 49
CFR part 7.