725
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.
(c) Each petition filed under this sec-
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
R
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.