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14 CFR Ch. I (1–1–24 Edition) 

§ 152.403 

§ 152.403 Definitions. 

As used in this subpart— 

AADA 

means the Airport and Airway 

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

et seq.

). 

Affirmative action plan 

means a set of 

specific and result-oriented procedures 
to which a sponsor, planning agency, 
state, or the aviation related activity 
on an airport commits itself to achieve 
equal employment opportunity. 

Airport development 

means—(1) Any 

work involved in constructing, improv-
ing, or repairing a public airport or 
portion thereof, including the removal, 
lowering, relocation, and marking and 
lighting of airport hazards, and includ-
ing navigation aids used by aircraft 
landing at, or taking off from, a public 
airport, and including safety equip-
ment required by rule or regulation for 
certification of the airport under sec-
tion 612 of the Federal Aviation Act of 
1958, and security equipment required 
of the sponsor by the Secretary by rule 
or regulation for the safety and secu-
rity of persons and property on the air-
port, and including snow removal 
equipment, and including the purchase 
of noise suppressing equipment, the 
construction of physical barriers, and 
landscaping for the purpose of dimin-
ishing 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. 

Aviation related activity 

means a com-

mercial enterprise—(1) Which is oper-
ated on the airport pursuant to an 
agreement with the grantee or airport 
operator or to a derivative subagree-
ment; 

(2) Which employs persons on the air-

port; and 

(3) Which—(i) Is related primarily to 

the aeronautical activities on the air-
port; 

(ii) Provides goods or services to the 

public which is attracted to the airport 
by aeronautical activities; 

(iii) Provides services or supplies to 

other aeronautical related or public 
service airport businesses or to the air-
port; or 

(iv) Performs construction work on 

the airport. 

Aviation workforce 

includes, with re-

spect to grantees, each person em-
ployed by the grantee on an airport or, 
for an aviation purpose, off the airport. 

Covered organization 

means a grantee, 

a subgrantee, or an aviation related ac-
tivity. 

Covered suborganization 

is a sub-

grantee or sub-aviation related activ-
ity, of a covered organization. 

Department 

means the United States 

Department of Transportation; 

Grant 

means Federal financial assist-

ance in the form of funds provided to a 
sponsor, planning agency, or state 
under this part; 

Grantee 

means the recipient of a 

grant. 

Minority 

means a person who is—(1) 

Black and not of Hispanic origin: A 
person having origins in any of the 
black racial groups of Africa; 

(2) Hispanic: A person of Mexican, 

Puerto Rican, Cuban, Central or South 
American or other Spanish culture or 
origin, regardless of race; 

(3) Asian or Pacific Islander: A per-

son having origins in any or the origi-
nal peoples of the Far East, Southeast 
Asia, the Indian subcontinent, or the 
Pacific Islands, including, but not lim-
ited to China, Japan, Korea, the Phil-
ippine Islands, and Samoa; or 

(4) American Indian or Alaskan Na-

tive: A person having origins in any of 
the original peoples of North America 
who maintains cultural identification 
through tribal affiliation or commu-
nity recognition. 

Planning agency 

means any planning 

agency designated by the Secretary 
which is authorized by the laws of the 
State or States (including the Com-
monwealth of Puerto Rico, the Virgin 
Islands, American Samoa, the Trust 
Territory of the Pacific Islands, and 
Guam) or political subdivisions con-
cerned to engage in areawide planning 
for the area in which assistance under 
this part is to be used; 

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Federal Aviation Administration, DOT 

§ 152.407 

Secretary 

means the Secretary of 

Transportation or an authorized rep-
resentative of the Secretary within the 
Department of Transportation; 

SMSA 

means Standard Metropolitan 

Statistical Area. 

Sponsor 

means any public agency 

that, either 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, or that con-
ducts a project for airport development 
or airport master planning, funded 
under this part; 

Underutilization 

means having fewer 

minorities or women in a particular job 
group than would reasonable be ex-
pected from their availability in— 

(1) The SMSA; or 
(2) In the absence of a defined SMSA, 

in the counties contiguous to the em-
ployer’s location, or the location where 
the work is to be performed, and in the 
areas from which persons may reason-
ably be expected to commute. 

§ 152.405 Assurances. 

The following assurances shall be in-

cluded in each application for financial 
assistance under this part: 

(a) 

Assurance. 

The grantee assures 

that it will undertake an affirmative 
action program, as required by 14 CFR 
part 152, subpart E, to ensure that no 
person shall, on the grounds of race, 
creed, color, national origin, or sex, be 
excluded from participating in any em-
ployment, contracting, or leasing ac-
tivities covered in 14 CFR part 152, sub-
part E. The grantee assures that no 
person shall be excluded, on these 
grounds, from participating in or re-
ceiving the services or benefits of any 
program or activity covered by this 
subpart. The grantee assures that it 
will require that its covered organiza-
tions provide assurances to the grantee 
that they similarly will undertake af-
firmative action programs and that 
they will require assurances from their 
suborganizations, as required by 14 
CFR part 152, subpart E, to the same 
effect. 

(b) 

Assurance. 

The grantee agrees to 

comply with any affirmative action 
plan or steps for equal employment op-
portunity required by 14 CFR part 152, 
subpart E, as part of the affirmative 

action program, and by any Federal, 
State, or local agency or court, includ-
ing those resulting from a conciliation 
agreement, a consent decree, court 
order, or similar mechanism. The 
grantee agrees that State or local af-
firmative action plans will be used in 
lieu of any affirmative action plan or 
steps required by 14 CFR part 152, sub-
part E, only when they fully meet the 
standards set forth in 14 CFR 152.409. 
The grantee agrees to obtain a similar 
assurance from its covered organiza-
tions, and to cause them to require a 
similar assurance of their covered sub-
organizations, as required by 14 CFR 
part 152, subpart E. 

§ 152.407 Affirmative action plan: Gen-

eral. 

(a) Except as provided in paragraph 

(b) of this section, each of the following 
shall have an affirmative action plan 
that meets the requirements of § 152.409 
and is kept on file for review by the 
FAA Office of Civil Rights: 

(1) Each sponsor who employs 50 or 

more employees in its aviation work-
force. 

(2) Each planning Agency which em-

ploys 50 or more employees in its agen-
cy for aviation purposes. 

(3) Each state political division, ad-

ministering a grant under the AADA to 
develop standards for airport develop-
ment at general aviation airports, 
which employs 50 or more employees in 
its aviation workforce. 

(b) A grantee is in compliance with 

paragraph (a) of this section, if it is 
subject to, and keeps on file for review 
by the FAA Office of Civil Rights, one 
of the following: 

(1) An affirmative action plan accept-

able to another Federal agency. 

(2) An affirmative action plan for a 

State or local agency that the covered 
organization certifies meets the stand-
ards in § 152.409. 

(3) A conciliation agreement, consent 

decree, or court order which provides 
short and long-range goals for equal 
employment opportunity similar to 
those which would be established in an 
affirmative action plan meeting the 
standards in § 152.409. 

(c) Each sponsor shall require each 

aviation related activity (other than