title-14-part-156

761

Federal Aviation Administration, DOT

§ 156.1

instrument of disposal need not be in
any special form, but must be in writ-
ing and signed by an authorized official
of the public agency that owns the air-
port.

(b) A request for a release under this

part must be submitted in triplicate to
the District Airport Engineer in whose
district the airport is located.

include the following information, if
applicable and available:

(1) Identification of the instruments

of disposal to which the property con-
cerned is subject.

(2) A description of the property con-

cerned.

(3) The condition of the property con-

cerned.

(4) The purpose for which the prop-

erty was transferred, such as for use as
a part of, or in connection with, oper-
ating the airport or for producing reve-
nues from nonaviation business.

(5) The kind of release requested.
(6) The purpose of the release.
(7) A statement of the circumstances

justifying the release on the basis set
forth in § 155.3(a) (1) or (2) with sup-
porting documents.

(8) Maps, photographs, plans, or simi-

lar material of the airport and the
property concerned that are appro-
priate to determining whether the re-
lease is justified under § 155.9.

(9) The proposed use or disposition of

the property, including the terms and
conditions of any proposed sale or lease
and the status of negotiations therefor.

(10) If the release would allow sale of

any part of the property, a certified
copy of a resolution or ordinance of the
governing body of the public agency
that owns the airport obligating itself
to use the proceeds of the sale exclu-
sively for developing, improving, oper-
ating, or maintaining a public airport.

(11) A suggested letter or other in-

strument of release that would meet
the requirements of State and local law
for the release requested.

(12) The sponsor’s environmental as-

sessment prepared in conformance with
Appendix 6 of FAA Order 1050.1C,
‘‘Policies and Procedures for Consid-
ering Environmental Impacts’’ (45 FR
2244; Jan. 10, 1980), and FAA Order
5050.4, ‘‘Airport Environmental Hand-
book’’ (45 FR 56624; Aug. 25, 1980), if an

assessment is required by Order 5050.4.
Copies of these orders may be exam-
ined in the Rules Docket, Office of the
Chief Counsel, FAA, Washington, D.C.,
and may be obtained on request at any
FAA regional office headquarters or
any airports district office.

[Doc. No. 1329, 27 FR 12361, Dec. 13, 1962, as
amended by Amdt. 155–1, 45 FR 56622, Aug. 25,
1980]

§ 155.13 Determinations by FAA.

(a) An FAA office that receives a re-

quest for a release under this part, and
supporting documents therefore, exam-
ines it to determine whether the re-
quest meets the requirements of the
Act of October 1, 1949 (63 Stat. 700) so
far as it concerns the interests of the
United States in civil aviation and
whether it might prejudice the needs
and interests of the armed forces. Upon
a determination that the release might
prejudice those needs and interests, the
Department of Defense is consulted as
provided in § 155.9(b).

(b) Upon completing the review, and

receiving the advice of the Department
of Defense if the case was referred to it,
the FAA advises the airport owner as
to whether the release or a modifica-
tion of it, may be granted. If the re-
lease, or a modification of it acceptable
to the owner, is granted, the FAA pre-
pares the necessary instruments and
delivers them to the airport owner.

PART 156—STATE BLOCK GRANT

PILOT PROGRAM

Sec.
156.1

Applicability.

156.2

Letters of interest.

156.3

Application and grant process.

156.4

Airport and project eligibility.

156.5

Project cost allowability.

156.6

State program responsibilities.

156.7

Enforcement of State block grant

agreements and other related grant as-
surances.

UTHORITY

: 49 U.S.C. 106(g), 47101, 47128; 49

CFR 1.47(f), (k).

OURCE

: Docket No. 35723, 53 FR 41303, Oct.

20, 1988, unless otherwise noted.

§ 156.1 Applicability.

(a) This part applies to grant appli-

cants for the State block grant pilot
program and to those States receiving

762

14 CFR Ch. I (1–1–24 Edition)

§ 156.2

block grants available under the Air-
port and Airway Improvement Act of
1982, as amended.

(b) This part sets forth—
(1) The procedures by which a State

may apply to participate in the State
block grant pilot program;

(2) The program administration re-

quirements for a participating State;

(3) The program responsibilities for a

participating State; and

(4) The enforcement responsibilities

of a participating State.

§ 156.2 Letters of interest.

(a) Any state that desires to partici-

pate in the State block grant pilot pro-
gram shall submit a letter of interest,
by November 30, 1988, to the Associate
Administrator for Airports, Federal
Aviation Administration, 800 Independ-
ence Avenue SW., Room 1000E, Wash-
ington, DC 20591.

(b) A State’s letter of interest shall

contain the name, title, address, and
telephone number of the individual
who will serve as the liaison with the
Administrator regarding the State
block grant pilot program.

tion form and program guidance mate-
rial to each State that submits a letter
of interest to the Associate Adminis-
trator for Airports.

§ 156.3 Application and grant process.

(a) A State desiring to participate

shall submit a completed application
to the Associate Administrator for Air-
ports.

(b) After review of the applications

submitted by the States, the Adminis-
trator shall select three States for par-
ticipation in the State block grant
pilot program.

written grant offer that sets forth the
terms and conditions of the State
block grant agreement to each selected
State.

(d) A State’s participation in the

State block grant pilot program begins
when a State accepts the Administra-
tor’s written grant offer in writing and
within any time limit specified by the
Administrator. The State shall certify,
in its written acceptance, that the ac-
ceptance complies with all applicable
Federal and State law, that the accept-

ance constitutes a legal and binding
obligation of the State, and that the
State has the authority to carry out all
the terms and conditions of the written
grant offer.

§ 156.4 Airport and project eligibility.

(a) A participating State shall use

monies distributed pursuant to a State
block grant agreement for airport de-
velopment and airport planning, for
airport noise compatibility planning,
or to carry out airport noise compat-
ibility programs, in accordance with
the Airport and Airway Improvement
Act of 1982, as amended.

(b) A participating State shall ad-

minister the airport development and
airport planning projects for airports
within the State.

use any monies distributed pursuant to
a State block grant agreement for inte-
grated airport system planning,
projects related to any primary air-
port, or any airports—

(1) Outside the State’s boundaries; or
(2) Inside the State’s boundaries that

are not included in the National Plan
of Integrated Airport Systems.

§ 156.5 Project cost allowability.

(a) A participating State shall not

use State block grant funds for reim-
bursement of project costs that would
not be eligible for reimbursement
under a project grant administered by
the FAA.

(b) A participating State shall not

use State block grant funds for reim-
bursement or funding of administrative
costs incurred by the State pursuant to
the State block grant program.

§ 156.6 State program responsibilities.

(a) A participating State shall com-

ply with the terms of the State block
grant agreement.

(b) A participating State shall ensure

that each person or entity, to which
the State distributes funds received
pursuant to the State block grant pilot
program, complies with any terms that
the State block grant agreement re-
quires to be imposed on a recipient for
airport projects funded pursuant to the
State block grant pilot program.

ticipating State and the Administrator

763

Federal Aviation Administration, DOT

§ 157.3

in writing, a participating State shall
not delegate or relinquish, either ex-
pressly or by implication, any State
authority, rights, or power that would
interfere with the State’s ability to
comply with the terms of a State block
grant agreement.

§ 156.7 Enforcement of State block

grant agreements and other related

grant assurances.

The Administrator may take any ac-

tion, pursuant to the authority of the
Airport and Airway Improvement Act
of 1982, as amended, to enforce the
terms of a State block grant agreement
including any terms imposed upon sub-
sequent recipients of State block
agreement funds.

PART 157—NOTICE OF CONSTRUC-

TION, ALTERATION, ACTIVATION,
AND DEACTIVATION OF AIR-
PORTS

Sec.
157.1

Applicability.

157.2

Definition of terms.

157.3

Projects requiring notice.

157.5

Notice of intent.

157.7

FAA determinations.

157.9

Notice of completion.

UTHORITY

: 49 U.S.C. 106(g), 40103, 40113,

44502.

OURCE

: Docket No. 25708, 56 FR 33996, July

24, 1991, unless otherwise noted.

§ 157.1 Applicability.

This part applies to persons pro-

posing to construct, alter, activate, or
deactivate a civil or joint-use (civil/
military) airport or to alter the status
or use of such an airport. Requirements
for persons to notify the Administrator
concerning certain airport activities
are prescribed in this part. This part
does not apply to projects involving:

(a) An airport subject to conditions

of a Federal agreement that requires
an approved current airport layout
plan to be on file with the Federal
Aviation Administration; or

(b) An airport at which flight oper-

ations will be conducted under visual
flight rules (VFR) and which is used or
intended to be used for a period of less
than 30 consecutive days with no more
than 10 operations per day.

that is not an established airport,
which is used or intended to be used for
less than one year and at which flight
operations will be conducted only
under VFR. For the purposes of this
part,

intermittent use of a site

means:

(1) The site is used or is intended to

be used for no more than 3 days in any
one week; and

(2) No more than 10 operations will be

conducted in any one day at that site.

§ 157.2 Definition of terms.

For the purpose of this part:

Airport

means any airport, heliport,

helistop, vertiport, gliderport, seaplane
base, ultralight flightpark, manned
balloon launching facility, or other air-
craft landing or takeoff area.

Heliport

means any landing or takeoff

area intended for use by helicopters or
other rotary wing type aircraft capable
of vertical takeoff and landing profiles.

Private use

means available for use by

the owner only or by the owner and
other persons authorized by the owner.

Private use of public lands

means that

the landing and takeoff area of the pro-
posed airport is publicly owned and the
proponent is a non-government entity,
regardless of whether that landing and
takeoff area is on land or on water and
whether the controlling entity be local,
State, or Federal Government.

Public use

means available for use by

the general public without a require-
ment for prior approval of the owner or
operator.

Traffic pattern

means the traffic flow

that is prescribed for aircraft landing
or taking off from an airport, including
departure and arrival procedures uti-
lized within a 5-mile radius of the air-
port for ingress, egress, and noise
abatement.

§ 157.3 Projects requiring notice.

Each person who intends to do any of

the following shall notify the Adminis-
trator in the manner prescribed in
§ 157.5:

(a) Construct or otherwise establish a

new airport or activate an airport.

(b) Construct, realign, alter, or acti-

vate any runway or other aircraft land-
ing or takeoff area of an airport.

abandon an airport or any landing or