[Title 14 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2002 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

                    14


          Parts 140 to 199

                         Revised as of January 1, 2002

Aeronautics and Space





          Containing a codification of documents of general 
          applicability and future effect
          As of January 1, 2002
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2002



  For sale by the Superintendent of Documents, U.S. Government Printing 
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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 14:
          Chapter I--Federal Aviation Administration, 
          Department of Transportation (Continued)                   3
  Finding Aids:
      Material Approved for Incorporation by Reference........     327
      Table of CFR Titles and Chapters........................     333
      Alphabetical List of Agencies Appearing in the CFR......     351
      List of CFR Sections Affected...........................     361



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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  14 CFR 141.1 refers 
                       to title 14, part 141, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2002), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.

SALES

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ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
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    The Office of the Federal Register also offers a free service on the 
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site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

January 1, 2002.



[[Page ix]]



                               THIS TITLE

    Title 14--Aeronautics and Space is composed of five volumes. The 
parts in these volumes are arranged in the following order: parts 1-59, 
60-139, 140-199, 200-1199, and part 1200-End. The first three volumes 
containing parts 1-199 are comprised of chapter I--Federal Aviation 
Administration, Department of Transportation (DOT). The fourth volume 
containing parts 200-1199 is comprised of chapter II--Office of the 
Secretary, DOT (Aviation Proceedings) and chapter III--Commercial Space 
Transportation, Federal Aviation Administration, DOT. The fifth volume 
containing part 1200-End is comprised of chapter V--National Aeronautics 
and Space Administration and chapter VI--Office of Management and 
Budget. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of January 1, 2002.

    Redesignation tables appear in the Finding Aids section of the 
volume containing parts 60-139.

[[Page x]]





[[Page 1]]



                     TITLE 14--AERONAUTICS AND SPACE




                  (This book contains parts 140 to 199)

  --------------------------------------------------------------------
                                                                    Part

chapter I--Federal Aviation Administration, Department of 
  Transportation (Continued)................................         141

[[Page 3]]



CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (Continued)




  --------------------------------------------------------------------

          SUBCHAPTER H--SCHOOLS AND OTHER CERTIFICATED AGENCIES
Part                                                                Page
140             [Reserved]

141             Pilot schools...............................           5
142             Training centers............................          40
143             [Reserved]

145             Repair stations.............................          52
147             Aviation maintenance technician schools.....          78
                         SUBCHAPTER I--AIRPORTS
150             Airport noise compatibility planning........          87
151             Federal aid to airports.....................         101
152             Airport aid program.........................         137
155             Release of airport property from surplus 
                    property disposal restrictions..........         173
156             State block grant pilot program.............         176
157             Notice of construction, alteration, 
                    activation, and deactivation of airports         177
158             Passenger facility charges (PFC's)..........         179
161             Notice and approval of airport noise and 
                    access restrictions.....................         198
169             Expenditure of Federal funds for nonmilitary 
                    airports or air navigation facilities 
                    thereon.................................         218
                  SUBCHAPTER J--NAVIGATIONAL FACILITIES
170             Establishment and discontinuance criteria 
                    for air traffic control services and 
                    navigational facilities.................         220
171             Non-Federal navigation facilities...........         223
                SUBCHAPTER K--ADMINISTRATIVE REGULATIONS
183             Representatives of the Administrator........         304

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185             Testimony by employees and production of 
                    records in legal proceedings, and 
                    service of legal process and pleadings..         308
187             Fees........................................         309
189             Use of Federal Aviation Administration 
                    communications system...................         313
191             Protection of sensitive security information         314
193             Protection of voluntarily submitted 
                    information.............................         316
                       SUBCHAPTERS L-M [RESERVED]
                    SUBCHAPTER N--WAR RISK INSURANCE
198             Aviation insurance..........................         321

[[Page 5]]





          SUBCHAPTER H--SCHOOLS AND OTHER CERTIFICATED AGENCIES



                           PART 140 [RESERVED]



PART 141--PILOT SCHOOLS--Table of Contents




                           Subpart A--General

Sec.
141.1  Applicability.
141.3  Certificate required.
141.5  Requirements for a pilot school certificate.
141.7  Provisional pilot school certificate.
141.9  Examining authority.
141.11  Pilot school ratings.
141.13  Application for issuance, amendment, or renewal.
141.17  Duration of certificate and examining authority.
141.18  Carriage of narcotic drugs, marijuana, and depressant or 
          stimulant drugs or substances.
141.19  Display of certificate.
141.21  Inspections.
141.23  Advertising limitations.
141.25  Business office and operations base.
141.26  Training agreements.
141.27  Renewal of certificates and ratings.
141.29  [Reserved]

       Subpart B--Personnel, Aircraft, and Facilities Requirements

141.31  Applicability.
141.33  Personnel.
141.35  Chief instructor qualifications.
141.36  Assistant chief instructor qualifications.
141.37  Check instructor qualifications.
141.38  Airports.
141.39  Aircraft.
141.41  Flight simulators, flight training devices, and training aids.
141.43  Pilot briefing areas.
141.45  Ground training facilities.

            Subpart C--Training Course Outline and Curriculum

141.51  Applicability.
141.53  Approval procedures for a training course: General.
141.55  Training course: Contents.
141.57  Special curricula.

                     Subpart D--Examining Authority

141.61  Applicability.
141.63  Examining authority qualification requirements.
141.65  Privileges.
141.67  Limitations and reports.

                       Subpart E--Operating Rules

141.71  Applicability.
141.73  Privileges.
141.75  Aircraft requirements.
141.77  Limitations.
141.79  Flight training.
141.81  Ground training.
141.83  Quality of training.
141.85  Chief instructor responsibilities.
141.87  Change of chief instructor.
141.89  Maintenance of personnel, facilities, and equipment.
141.91  Satellite bases.
141.93  Enrollment.
141.95  Graduation certificate.

                           Subpart F--Records

141.101  Training records.

Appendix A to Part 141--Recreational Pilot Certification Course
Appendix B to Part 141--Private Pilot Certification Course
Appendix C to Part 141--Instrument Rating Course
Appendix D to Part 141--Commercial Pilot Certification Course
Appendix E to Part 141--Airline Transport Pilot Certification Course
Appendix F to Part 141--Flight Instructor Certification Course
Appendix G to Part 141--Flight Instructor Instrument (For an Airplane, 
          Helicopter, or Powered-Lift Instrument Instructor Rating) 
          Certification Course
Appendix H to Part 141--Ground Instructor Certification Course
Appendix I to Part 141--Additional Aircraft Category or Class Rating 
          Course
Appendix J to Part 141--Aircraft Type Rating Course, For Other Than an 
          Airline Transport Pilot Certificate
Appendix K to Part 141--Special Preparation Courses
Appendix L to Part 141--Pilot Ground School Course

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709, 
44711, 45102-45103, 45301-45302.

    Source: Docket No. 25910, 62 FR 16347, Apr. 4, 1997, unless 
otherwise noted.



                           Subpart A--General



Sec. 141.1  Applicability.

    This part prescribes the requirements for issuing pilot school 
certificates,

[[Page 6]]

provisional pilot school certificates, and associated ratings, and the 
general operating rules applicable to a holder of a certificate or 
rating issued under this part.



Sec. 141.3  Certificate required.

    No person may operate as a certificated pilot school without, or in 
violation of, a pilot school certificate or provisional pilot school 
certificate issued under this part.



Sec. 141.5  Requirements for a pilot school certificate.

    An applicant may be issued a pilot school certificate with 
associated ratings if the applicant:
    (a) Completes the application for a pilot school certificate on a 
form and in a manner prescribed by the Administrator;
    (b) Holds a provisional pilot school certificate, issued under this 
part, for at least 24 calendar months preceding the month in which the 
application for a pilot school certificate is made;
    (c) Meets the applicable requirements of subparts A through C of 
this part for the school ratings sought; and
    (d) Has trained and recommended for pilot certification and rating 
tests, within 24 calendar months preceding the month the application is 
made for the pilot school certificate, at least 10 students for a 
knowledge or practical test for a pilot certificate, flight instructor 
certificate, ground instructor certificate, an additional rating, an 
end-of-course test for a training course specified in appendix K to this 
part, or any combination of those tests, and at least 80 percent of all 
tests administered were passed on the first attempt.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997]



Sec. 141.7  Provisional pilot school certificate.

    An applicant that meets the applicable requirements of subparts A, 
B, and C of this part, but does not meet the recent training activity 
requirements of Sec. 141.5(d) of this part, may be issued a provisional 
pilot school certificate with ratings.



Sec. 141.9  Examining authority.

    An applicant is issued examining authority for its pilot school 
certificate if the applicant meets the requirements of subpart D of this 
part.



Sec. 141.11  Pilot school ratings.

    (a) The ratings listed in paragraph (b) of this section may be 
issued to an applicant for:
    (1) A pilot school certificate, provided the applicant meets the 
requirements of Sec. 141.5 of this part; or
    (2) A provisional pilot school certificate, provided the applicant 
meets the requirements of Sec. 141.7 of this part.
    (b) An applicant may be authorized to conduct the following courses:
    (1) Certification and rating courses. (Appendixes A through J).
    (i) Recreational pilot course.
    (ii) Private pilot course.
    (iii) Commercial pilot course.
    (iv) Instrument rating course.
    (v) Airline transport pilot course.
    (vi) Flight instructor course.
    (vii) Flight instructor instrument course.
    (viii) Ground instructor course.
    (ix) Additional aircraft category or class rating course.
    (x) Aircraft type rating course.
    (2) Special preparation courses. (Appendix K).
    (i) Pilot refresher course.
    (ii) Flight instructor refresher course.
    (iii) Ground instructor refresher course.
    (iv) Agricultural aircraft operations course.
    (v) Rotorcraft external-load operations course.
    (vi) Special operations course.
    (vii) Test pilot course.
    (3) Pilot ground school course. (Appendix L).



Sec. 141.13  Application for issuance, amendment, or renewal.

    (a) Application for an original certificate and rating, an 
additional rating, or the renewal of a certificate under this part must 
be made on a form and in a manner prescribed by the Administrator.
    (b) Application for the issuance or amendment of a certificate or 
rating must be accompanied by two copies of

[[Page 7]]

each proposed training course curriculum for which approval is sought.



Sec. 141.17  Duration of certificate and examining authority.

    (a) Unless surrendered, suspended, or revoked, a pilot school's 
certificate or a provisional pilot school's certificate expires:
    (1) On the last day of the 24th calendar month from the month the 
certificate was issued;
    (2) Except as provided in paragraph (b) of this section, on the date 
that any change in ownership of the school occurs;
    (3) On the date of any change in the facilities upon which the 
school's certificate is based occurs; or
    (4) Upon notice by the Administrator that the school has failed for 
more than 60 days to maintain the facilities, aircraft, or personnel 
required for any one of the school's approved training courses.
    (b) A change in the ownership of a pilot school or provisional pilot 
school does not terminate that school's certificate if, within 30 days 
after the date that any change in ownership of the school occurs:
    (1) Application is made for an appropriate amendment to the 
certificate; and
    (2) No change in the facilities, personnel, or approved training 
courses is involved.
    (c) An examining authority issued to the holder of a pilot school 
certificate expires on the date that the pilot school certificate 
expires, or is surrendered, suspended, or revoked.



Sec. 141.18  Carriage of narcotic drugs, marijuana, and depressant or stimulant drugs or substances.

    If the holder of a certificate issued under this part permits any 
aircraft owned or leased by that holder to be engaged in any operation 
that the certificate holder knows to be in violation of Sec. 91.19(a) of 
this chapter, that operation is a basis for suspending or revoking the 
certificate.



Sec. 141.19  Display of certificate.

    (a) Each holder of a pilot school certificate or a provisional pilot 
school certificate must display that certificate in a place in the 
school that is normally accessible to the public and is not obscured.
    (b) A certificate must be made available for inspection upon request 
by:
    (1) The Administrator;
    (2) An authorized representative of the National Transportation 
Safety Board; or
    (3) A Federal, State, or local law enforcement officer.



Sec. 141.21  Inspections.

    Each holder of a certificate issued under this part must allow the 
Administrator to inspect its personnel, facilities, equipment, and 
records to determine the certificate holder's:
    (a) Eligibility to hold its certificate;
    (b) Compliance with 49 U.S.C. 40101 et seq., formerly the Federal 
Aviation Act of 1958, as amended; and
    (c) Compliance with the Federal Aviation Regulations.



Sec. 141.23  Advertising limitations.

    (a) The holder of a pilot school certificate or a provisional pilot 
school certificate may not make any statement relating to its 
certification and ratings that is false or designed to mislead any 
person contemplating enrollment in that school.
    (b) The holder of a pilot school certificate or a provisional pilot 
school certificate may not advertise that the school is certificated 
unless it clearly differentiates between courses that have been approved 
under part 141 of this chapter and those that have not been approved 
under part 141 of this chapter.
    (c) The holder of a pilot school certificate or a provisional pilot 
school certificate must promptly remove:
    (1) From vacated premises, all signs indicating that the school was 
certificated by the Administrator; or
    (2) All indications (including signs), wherever located, that the 
school is certificated by the Administrator when its certificate has 
expired or has been surrendered, suspended, or revoked.



Sec. 141.25  Business office and operations base.

    (a) Each holder of a pilot school or a provisional pilot school 
certificate

[[Page 8]]

must maintain a principal business office with a mailing address in the 
name shown on its certificate.
    (b) The facilities and equipment at the principal business office 
must be adequate to maintain the files and records required to operate 
the business of the school.
    (c) The principal business office may not be shared with, or used 
by, another pilot school.
    (d) Before changing the location of the principal business office or 
the operations base, each certificate holder must notify the FAA Flight 
Standards District Office having jurisdiction over the area of the new 
location, and the notice must be:
    (1) Submitted in writing at least 30 days before the change of 
location; and
    (2) Accompanied by any amendments needed for the certificate 
holder's approved training course outline.
    (e) A certificate holder may conduct training at an operations base 
other than the one specified in its certificate, if:
    (1) The Administrator has inspected and approved the base for use by 
the certificate holder; and
    (2) The course of training and any needed amendments have been 
approved for use at that base.



Sec. 141.26  Training agreements.

    A training center certificated under part 142 of this chapter may 
provide the training, testing, and checking for pilot schools 
certificated under part 141 of this chapter, and is considered to meet 
the requirements of part 141, provided--
    (a) There is a training agreement between the certificated training 
center and the pilot school;
    (b) The training, testing, and checking provided by the certificated 
training center is approved and conducted under part 142;
    (c) The pilot school certificated under part 141 obtains the 
Administrator's approval for a training course outline that includes the 
training, testing, and checking to be conducted under part 141 and the 
training, testing, and checking to be conducted under part 142; and
    (d) Upon completion of the training, testing, and checking conducted 
under part 142, a copy of each student's training record is forwarded to 
the part 141 school and becomes part of the student's permanent training 
record.



Sec. 141.27  Renewal of certificates and ratings.

    (a) Pilot school. (1) A pilot school may apply for renewal of its 
school certificate and ratings within 30 days preceding the month the 
pilot school's certificate expires, provided the school meets the 
requirements prescribed in paragraph (a)(2) of this section for renewal 
of its certificate and ratings.
    (2) A pilot school may have its school certificate and ratings 
renewed for an additional 24 calendar months if the Administrator 
determines the school's personnel, aircraft, facility and airport, 
approved training courses, training records, and recent training ability 
and quality meet the requirements of this part.
    (3) A pilot school that does not meet the renewal requirements in 
paragraph (a)(2) of this section, may apply for a provisional pilot 
school certificate if the school meets the requirements of Sec. 141.7 of 
this part.
    (b) Provisional pilot school. (1) Except as provided in paragraph 
(b)(3) of this section, a provisional pilot school may not have its 
provisional pilot school certificate or the ratings on that certificate 
renewed.
    (2) A provisional pilot school may apply for a pilot school 
certificate and associated ratings provided that school meets the 
requirements of Sec. 141.5 of this part.
    (3) A former provisional pilot school may apply for another 
provisional pilot school certificate, provided 180 days have elapsed 
since its last provisional pilot school certificate expired.



Sec. 141.29  [Reserved]



       Subpart B--Personnel, Aircraft, and Facilities Requirements



Sec. 141.31  Applicability.

    (a) This subpart prescribes:
    (1) The personnel and aircraft requirements for a pilot school 
certificate or a provisional pilot school certificate; and

[[Page 9]]

    (2) The facilities that a pilot school or provisional pilot school 
must have available on a continuous basis.
    (b) As used in this subpart, to have continuous use of a facility, 
including an airport, the school must have:
    (1) Ownership of the facility or airport for at least 6 calendar 
months after the date the application for initial certification and on 
the date of renewal of the school's certificate is made; or
    (2) A written lease agreement for the facility or airport for at 
least 6 calendar months after the date the application for initial 
certification and on the date of renewal of the school's certificate is 
made.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997]



Sec. 141.33  Personnel.

    (a) An applicant for a pilot school certificate or for a provisional 
pilot school certificate must meet the following personnel requirements:
    (1) Each applicant must have adequate personnel, including 
certificated flight instructors, certificated ground instructors, or 
holders of a commercial pilot certificate with a lighter-than-air 
rating, and a chief instructor for each approved course of training who 
is qualified and competent to perform the duties to which that 
instructor is assigned.
    (2) If the school employs dispatchers, aircraft handlers, and line 
and service personnel, then it must instruct those persons in the 
procedures and responsibilities of their employment.
    (3) Each instructor to be used for ground or flight training must 
hold a flight instructor certificate, ground instructor certificate, or 
commercial pilot certificate with a lighter-than-air rating, as 
appropriate, with ratings for the approved course of training and any 
aircraft used in that course.
    (b) An applicant for a pilot school certificate or for a provisional 
pilot school certificate must designate a chief instructor for each of 
the school's approved training courses, who must meet the requirements 
of Sec. 141.35 of this part.
    (c) When necessary, an applicant for a pilot school certificate or 
for a provisional pilot school certificate may designate a person to be 
an assistant chief instructor for an approved training course, provided 
that person meets the requirements of Sec. 141.36 of this part.
    (d) A pilot school and a provisional pilot school may designate a 
person to be a check instructor for conducting student stage checks, 
end-of-course tests, and instructor proficiency checks, provided:
    (1) That person meets the requirements of Sec. 141.37 of this part; 
and
    (2) That school has a student enrollment of at least 50 students at 
the time designation is sought.
    (e) A person, as listed in this section, may serve in more than one 
position for a school, provided that person is qualified for each 
position.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997]



Sec. 141.35  Chief instructor qualifications.

    (a) To be eligible for designation as a chief instructor for a 
course of training, a person must meet the following requirements:
    (1) Hold a commercial pilot certificate or an airline transport 
pilot certificate, and, except for a chief instructor for a course of 
training solely for a lighter-than-air rating, a current flight 
instructor certificate. The certificates must contain the appropriate 
aircraft category and class ratings for the category and class of 
aircraft used in the course and an instrument rating, if an instrument 
rating is required for enrollment in the course of training;
    (2) Meet the pilot-in-command recent flight experience requirements 
of Sec. 61.57 of this chapter;
    (3) Pass a knowledge test on--
    (i) Teaching methods;
    (ii) Applicable provisions of the ``Aeronautical Information 
Manual'';
    (iii) Applicable provisions of parts 61, 91, and 141 of this 
chapter; and
    (iv) The objectives and approved course completion standards of the 
course for which the person seeks to obtain designation.
    (4) Pass a proficiency test on instructional skills and ability to 
train students on the flight procedures and maneuvers appropriate to the 
course;
    (5) Except for a course of training for gliders, balloons, or 
airships, the chief

[[Page 10]]

instructor must meet the applicable requirements in paragraphs (b), (c), 
and (d) of this section; and
    (6) A chief instructor for a course of training for gliders, 
balloons or airships is only required to have 40 percent of the hours 
required in paragraphs (b) and (d) of this section.
    (b) For a course of training leading to the issuance of a 
recreational or private pilot certificate or rating, a chief instructor 
must have:
    (1) At least 1,000 hours as pilot in command; and
    (2) Primary flight training experience, acquired as either a 
certificated flight instructor or an instructor in a military pilot 
flight training program, or a combination thereof, consisting of at 
least--
    (i) 2 years and a total of 500 flight hours; or
    (ii) 1,000 flight hours.
    (c) For a course of training leading to the issuance of an 
instrument rating or a rating with instrument privileges, a chief 
instructor must have:
    (1) At least 100 hours of flight time under actual or simulated 
instrument conditions;
    (2) At least 1,000 hours as pilot in command; and
    (3) Instrument flight instructor experience, acquired as either a 
certificated flight instructor-instrument or an instructor in a military 
pilot flight training program, or a combination thereof, consisting of 
at least--
    (i) 2 years and a total of 250 flight hours; or
    (ii) 400 flight hours.
    (d) For a course of training other than one leading to the issuance 
of a recreational or private pilot certificate or rating, or an 
instrument rating or a rating with instrument privileges, a chief 
instructor must have:
    (1) At least 2,000 hours as pilot in command; and
    (2) Flight training experience, acquired as either a certificated 
flight instructor or an instructor in a military pilot flight training 
program, or a combination thereof, consisting of at least--
    (i) 3 years and a total of 1,000 flight hours; or
    (ii) 1,500 flight hours.
    (e) To be eligible for designation as chief instructor for a ground 
school course, a person must have 1 year of experience as a ground 
school instructor at a certificated pilot school.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997; as amended by Amdt. 141-10, 63 FR 20289, Apr. 23, 1998]



Sec. 141.36  Assistant chief instructor qualifications.

    (a) To be eligible for designation as an assistant chief instructor 
for a course of training, a person must meet the following requirements:
    (1) Hold a commercial pilot or an airline transport pilot 
certificate and, except for the assistant chief instructor for a course 
of training solely for a lighter-than-air rating, a current flight 
instructor certificate. The certificates must contain the appropriate 
aircraft category, class, and instrument ratings if an instrument rating 
is required by the course of training for the category and class of 
aircraft used in the course;
    (2) Meet the pilot-in-command recent flight experience requirements 
of Sec. 61.57 of this chapter;
    (3) Pass a knowledge test on--
    (i) Teaching methods;
    (ii) Applicable provisions of the ``Aeronautical Information 
Manual'';
    (iii) Applicable provisions of parts 61, 91, and 141 of this 
chapter; and
    (iv) The objectives and approved course completion standards of the 
course for which the person seeks to obtain designation.
    (4) Pass a proficiency test on the flight procedures and maneuvers 
appropriate to that course; and
    (5) Meet the applicable requirements in paragraphs (b), (c), and (d) 
of this section. However, an assistant chief instructor for a course of 
training for gliders, balloons, or airships is only required to have 40 
percent of the hours required in paragraphs (b) and (d) of this section.
    (b) For a course of training leading to the issuance of a 
recreational or private pilot certificate or rating, an assistant chief 
instructor must have:
    (1) At least 500 hours as pilot in command; and

[[Page 11]]

    (2) Flight training experience, acquired as either a certificated 
flight instructor or an instructor in a military pilot flight training 
program, or a combination thereof, consisting of at least--
    (i) 1 year and a total of 250 flight hours; or
    (ii) 500 flight hours.
    (c) For a course of training leading to the issuance of an 
instrument rating or a rating with instrument privileges, an assistant 
chief flight instructor must have:
    (1) At least 50 hours of flight time under actual or simulated 
instrument conditions;
    (2) At least 500 hours as pilot in command; and
    (3) Instrument flight instructor experience, acquired as either a 
certificated flight instructor-instrument or an instructor in a military 
pilot flight training program, or a combination thereof, consisting of 
at least--
    (i) 1 year and a total of 125 flight hours; or
    (ii) 200 flight hours.
    (d) For a course of training other than one leading to the issuance 
of a recreational or private pilot certificate or rating, or an 
instrument rating or a rating with instrument privileges, an assistant 
chief instructor must have:
    (1) At least 1,000 hours as pilot in command; and
    (2) Flight training experience, acquired as either a certificated 
flight instructor or an instructor in a military pilot flight training 
program, or a combination thereof, consisting of at least--
    (i) 1\1/2\ years and a total of 500 flight hours; or
    (ii) 750 flight hours.
    (e) To be eligible for designation as an assistant chief instructor 
for a ground school course, a person must have 6 months of experience as 
a ground school instructor at a certificated pilot school.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997; as amended by Amdt. 141-10, 63 FR 20289, Apr. 23, 1998]



Sec. 141.37  Check instructor qualifications.

    (a) To be designated as a check instructor for conducting student 
stage checks, end-of-course tests, and instructor proficiency checks 
under this part, a person must meet the eligibility requirements of this 
section:
    (1) For checks and tests that relate to either flight or ground 
training, the person must pass a test, given by the chief instructor, 
on--
    (i) Teaching methods;
    (ii) Applicable provisions of the ``Aeronautical Information 
Manual'';
    (iii) Applicable provisions of parts 61, 91, and 141 of this 
chapter; and
    (iv) The objectives and course completion standards of the approved 
training course for the designation sought.
    (2) For checks and tests that relate to a flight training course, 
the person must--
    (i) Meet the requirements in paragraph (a)(1) of this section;
    (ii) Hold a commercial pilot certificate or an airline transport 
pilot certificate and, except for a check instructor for a course of 
training for a lighter-than-air rating, a current flight instructor 
certificate. The certificates must contain the appropriate aircraft 
category, class, and instrument ratings for the category and class of 
aircraft used in the course;
    (iii) Meet the pilot-in-command recent flight experience 
requirements of Sec. 61.57 of this chapter; and
    (iv) Pass a proficiency test, given by the chief instructor or 
assistant chief instructor, on the flight procedures and maneuvers of 
the approved training course for the designation sought.
    (3) For checks and tests that relate to ground training, the person 
must--
    (i) Meet the requirements in paragraph (a)(1) of this section;
    (ii) Except for a course of training for a lighter-than-air rating, 
hold a current flight instructor certificate or ground instructor 
certificate with ratings appropriate to the category and class of 
aircraft used in the course; and
    (iii) For a course of training for a lighter-than-air rating, hold a 
commercial pilot certificate with a lighter-than-air category rating and 
the appropriate class rating.

[[Page 12]]

    (b) A person who meets the eligibility requirements in paragraph (a) 
of this section must:
    (1) Be designated, in writing, by the chief instructor to conduct 
student stage checks, end-of-course tests, and instructor proficiency 
checks; and
    (2) Be approved by the FAA Flight Standards District Office having 
jurisdiction over the school.
    (c) A check instructor may not conduct a stage check or an end-of-
course test of any student for whom the check instructor has:
    (1) Served as the principal instructor; or
    (2) Recommended for a stage check or end-of-course test.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997]



Sec. 141.38  Airports.

    (a) An applicant for a pilot school certificate or a provisional 
pilot school certificate must show that he or she has continuous use of 
each airport at which training flights originate.
    (b) Each airport used for airplanes and gliders must have at least 
one runway or takeoff area that allows training aircraft to make a 
normal takeoff or landing under the following conditions at the 
aircraft's maximum certificated takeoff gross weight:
    (1) Under wind conditions of not more than 5 miles per hour;
    (2) At temperatures in the operating area equal to the mean high 
temperature for the hottest month of the year;
    (3) If applicable, with the powerplant operation, and landing gear 
and flap operation recommended by the manufacturer; and
    (4) In the case of a takeoff--
    (i) With smooth transition from liftoff to the best rate of climb 
speed without exceptional piloting skills or techniques; and
    (ii) Clearing all obstacles in the takeoff flight path by at least 
50 feet.
    (c) Each airport must have a wind direction indicator that is 
visible from the end of each runway at ground level;
    (d) Each airport must have a traffic direction indicator when:
    (1) The airport does not have an operating control tower; and
    (2) UNICOM advisories are not available.
    (e) Except as provided in paragraph (f) of this section, each 
airport used for night training flights must have permanent runway 
lights;
    (f) An airport or seaplane base used for night training flights in 
seaplanes is permitted to use adequate nonpermanent lighting or 
shoreline lighting, if approved by the Administrator.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997]



Sec. 141.39  Aircraft.

    An applicant for a pilot school certificate or provisional pilot 
school certificate must show that each aircraft used by that school for 
flight training and solo flights meets the following requirements:
    (a) Each aircraft must be registered as a civil aircraft in the 
United States;
    (b) Each aircraft must be certificated with a standard airworthiness 
certificate or a primary airworthiness certificate, unless the 
Administrator determines that due to the nature of the approved course, 
an aircraft not having a standard airworthiness certificate or primary 
airworthiness certificate may be used;
    (c) Each aircraft must be maintained and inspected in accordance 
with the requirements under subpart E of part 91 of this chapter that 
apply to aircraft operated for hire;
    (d) Each aircraft used in flight training must have at least two 
pilot stations with engine-power controls that can be easily reached and 
operated in a normal manner from both pilot stations; and
    (e) Each aircraft used in a course involving IFR en route operations 
and instrument approaches must be equipped and maintained for IFR 
operations. For training in the control and precision maneuvering of an 
aircraft by reference to instruments, the aircraft may be equipped as 
provided in the approved course of training.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.41  Flight simulators, flight training devices, and training aids.

    An applicant for a pilot school certificate or a provisional pilot 
school certificate must show that its flight

[[Page 13]]

simulators, flight training devices, training aids, and equipment meet 
the following requirements:
    (a) Flight simulators. Each flight simulator used to obtain flight 
training credit allowed for flight simulators in an approved pilot 
training course curriculum must--
    (1) Be a full-size aircraft cockpit replica of a specific type of 
aircraft, or make, model, and series of aircraft;
    (2) Include the hardware and software necessary to represent the 
aircraft in ground operations and flight operations;
    (3) Use a force cueing system that provides cues at least equivalent 
to those cues provided by a 3 degree freedom of motion system;
    (4) Use a visual system that provides at least a 45-degree 
horizontal field of view and a 30-degree vertical field of view 
simultaneously for each pilot; and
    (5) Have been evaluated, qualified, and approved by the 
Administrator.
    (b) Flight training devices. Each flight training device used to 
obtain flight training credit allowed for flight training devices in an 
approved pilot training course curriculum must--
    (1) Be a full-size replica of instruments, equipment panels, and 
controls of an aircraft, or set of aircraft, in an open flight deck area 
or in an enclosed cockpit, including the hardware and software for the 
systems installed that is necessary to simulate the aircraft in ground 
and flight operations;
    (2) Need not have a force (motion) cueing or visual system; and
    (3) Have been evaluated, qualified, and approved by the 
Administrator.
    (c) Training aids and equipment. Each training aid, including any 
audiovisual aid, projector, tape recorder, mockup, chart, or aircraft 
component listed in the approved training course outline, must be 
accurate and appropriate to the course for which it is used.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.43  Pilot briefing areas.

    (a) An applicant for a pilot school certificate or provisional pilot 
school certificate must show that the applicant has continuous use of a 
briefing area located at each airport at which training flights 
originate that is:
    (1) Adequate to shelter students waiting to engage in their training 
flights;
    (2) Arranged and equipped for the conduct of pilot briefings; and
    (3) Except as provided in paragraph (c) of this section, for a 
school with an instrument rating or commercial pilot course, equipped 
with private landline or telephone communication to the nearest FAA 
Flight Service Station.
    (b) A briefing area required by paragraph (a) of this section may 
not be used by the applicant if it is available for use by any other 
pilot school during the period it is required for use by the applicant.
    (c) The communication equipment required by paragraph (a)(3) of this 
section is not required if the briefing area and the flight service 
station are located on the same airport, and are readily accessible to 
each other.



Sec. 141.45  Ground training facilities.

    An applicant for a pilot school or provisional pilot school 
certificate must show that:
    (a) Each room, training booth, or other space used for instructional 
purposes is heated, lighted, and ventilated to conform to local 
building, sanitation, and health codes; and
    (b) The training facility is so located that the students in that 
facility are not distracted by the training conducted in other rooms, or 
by flight and maintenance operations on the airport.



            Subpart C--Training Course Outline and Curriculum



Sec. 141.51  Applicability.

    This subpart prescribes the curriculum and course outline 
requirements for the issuance of a pilot school certificate or 
provisional pilot school certificate and ratings.



Sec. 141.53  Approval procedures for a training course: General.

    (a) General. An applicant for a pilot school certificate or 
provisional pilot school certificate must obtain the Administrator's 
approval of the outline of each training course for which certification 
and rating is sought.
    (b) Application. (1) An application for the approval of an initial 
or amended training course must be submitted in

[[Page 14]]

duplicate to the FAA Flight Standards District Office having 
jurisdiction over the area where the school is based.
    (2) An application for the approval of an initial or amended 
training course must be submitted at least 30 days before any training 
under that course, or any amendment thereto, is scheduled to begin.
    (3) An application for amending a training course must be 
accompanied by two copies of the amendment.
    (c) Training courses. (1) A training course submitted for approval 
prior to August 4, 1997 may, if approved, retain that approval until 1 
year after August 4, 1997.
    (2) An applicant for a pilot school certificate or provisional pilot 
school certificate may request approval of the training courses 
specified in Sec. 141.11(b) of this part.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.55  Training course: Contents.

    (a) Each training course for which approval is requested must meet 
the minimum curriculum requirements in accordance with the appropriate 
appendix of this part.
    (b) Except as provided in paragraphs (d) and (e) of this section, 
each training course for which approval is requested must meet the 
minimum ground and flight training time requirements in accordance with 
the appropriate appendix of this part.
    (c) Each training course for which approval is requested must 
contain:
    (1) A description of each room used for ground training, including 
the room's size and the maximum number of students that may be trained 
in the room at one time;
    (2) A description of each type of audiovisual aid, projector, tape 
recorder, mockup, chart, aircraft component, and other special training 
aids used for ground training;
    (3) A description of each flight simulator or flight training device 
used for training;
    (4) A listing of the airports at which training flights originate 
and a description of the facilities, including pilot briefing areas that 
are available for use by the school's students and personnel at each of 
those airports;
    (5) A description of the type of aircraft including any special 
equipment used for each phase of training;
    (6) The minimum qualifications and ratings for each instructor 
assigned to ground or flight training; and
    (7) A training syllabus that includes the following information--
    (i) The prerequisites for enrolling in the ground and flight portion 
of the course that include the pilot certificate and rating (if required 
by this part), training, pilot experience, and pilot knowledge;
    (ii) A detailed description of each lesson, including the lesson's 
objectives, standards, and planned time for completion;
    (iii) A description of what the course is expected to accomplish 
with regard to student learning;
    (iv) The expected accomplishments and the standards for each stage 
of training; and
    (v) A description of the checks and tests to be used to measure a 
student's accomplishments for each stage of training.
    (d) A pilot school may request and receive initial approval for a 
period of not more than 24 calendar months for any of the training 
courses of this part without specifying the minimum ground and flight 
training time requirements of this part, provided the following 
provisions are met:
    (1) The school holds a pilot school certificate issued under this 
part and has held that certificate for a period of at least 24 
consecutive calendar months preceding the month of the request;
    (2) In addition to the information required by paragraph (c) of this 
section, the training course specifies planned ground and flight 
training time requirements for the course;
    (3) The school does not request the training course to be approved 
for examining authority, nor may that school hold examining authority 
for that course; and
    (4) The practical test or knowledge test for the course is to be 
given by--
    (i) An FAA inspector; or
    (ii) An examiner who is not an employee of the school.
    (e) A certificated pilot school may request and receive final 
approval for any

[[Page 15]]

of the training courses of this part without specifying the minimum 
ground and flight training time requirements of this part, provided the 
following conditions are met:
    (1) The school has held initial approval for that training course 
for at least 24 calendar months.
    (2) The school has--
    (i) Trained at least 10 students in that training course within the 
preceding 24 calendar months and recommended those students for a pilot, 
flight instructor, or ground instructor certificate or rating; and
    (ii) At least 80 percent of those students passed the practical or 
knowledge test, or any combination thereof, on the first attempt, and 
that test was given by--
    (A) An FAA inspector; or
    (B) An examiner who is not an employee of the school.
    (3) In addition to the information required by paragraph (c) of this 
section, the training course specifies planned ground and flight 
training time requirements for the course.
    (4) The school does not request that the training course be approved 
for examining authority nor may that school hold examining authority for 
that course.



Sec. 141.57  Special curricula.

    An applicant for a pilot school certificate or provisional pilot 
school certificate may apply for approval to conduct a special course of 
airman training for which a curriculum is not prescribed in the 
appendixes of this part, if the applicant shows that the training course 
contains features that could achieve a level of pilot proficiency 
equivalent to that achieved by a training course prescribed in the 
appendixes of this part or the requirements of part 61 of this chapter.



                     Subpart D--Examining Authority



Sec. 141.61  Applicability.

    This subpart prescribes the requirements for the issuance of 
examining authority to the holder of a pilot school certificate, and the 
privileges and limitations of that examining authority.



Sec. 141.63  Examining authority qualification requirements.

    (a) A pilot school must meet the following prerequisites to receive 
initial approval for examining authority:
    (1) The school must complete the application for examining authority 
on a form and in a manner prescribed by the Administrator;
    (2) The school must hold a pilot school certificate and rating 
issued under this part;
    (3) The school must have held the rating in which examining 
authority is sought for at least 24 consecutive calendar months 
preceding the month of application for examining authority;
    (4) The training course for which examining authority is requested 
may not be a course that is approved without meeting the minimum ground 
and flight training time requirements of this part; and
    (5) Within 24 calendar months before the date of application for 
examining authority, that school must meet the following requirements--
    (i) The school must have trained at least 10 students in the 
training course for which examining authority is sought and recommended 
those students for a pilot, flight instructor, or ground instructor 
certificate or rating; and
    (ii) At least 90 percent of those students passed the required 
practical or knowledge test, or any combination thereof, for the pilot, 
flight instructor, or ground instructor certificate or rating on the 
first attempt, and that test was given by--
    (A) An FAA inspector; or
    (B) An examiner who is not an employee of the school.
    (b) A pilot school must meet the following requirements to retain 
approval of its examining authority:
    (1) The school must complete the application for renewal of its 
examining authority on a form and in a manner prescribed by the 
Administrator;
    (2) The school must hold a pilot school certificate and rating 
issued under this part;
    (3) The school must have held the rating for which continued 
examining authority is sought for at least 24 calendar months preceding 
the month of

[[Page 16]]

application for renewal of its examining authority; and
    (4) The training course for which continued examining authority is 
requested may not be a course that is approved without meeting the 
minimum ground and flight training time requirements of this part.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.65  Privileges.

    A pilot school that holds examining authority may recommend a person 
who graduated from its course for the appropriate pilot, flight 
instructor, or ground instructor certificate or rating without taking 
the FAA knowledge test or practical test in accordance with the 
provisions of this subpart.



Sec. 141.67  Limitations and reports.

    A pilot school that holds examining authority may only recommend the 
issuance of a pilot, flight instructor, or ground instructor certificate 
and rating to a person who does not take an FAA knowledge test or 
practical test, if the recommendation for the issuance of that 
certificate or rating is in accordance with the following requirements:
    (a) The person graduated from a training course for which the pilot 
school holds examining authority.
    (b) Except as provided in this paragraph, the person satisfactorily 
completed all the curriculum requirements of that pilot school's 
approved training course. A person who transfers from one part 141 
approved pilot school to another part 141 approved pilot school may 
receive credit for that previous training, provided the following 
requirements are met:
    (1) The maximum credited training time does not exceed one-half of 
the receiving school's curriculum requirements;
    (2) The person completes a knowledge and proficiency test conducted 
by the receiving school for the purpose of determining the amount of 
pilot experience and knowledge to be credited;
    (3) The receiving school determines (based on the person's 
performance on the knowledge and proficiency test required by paragraph 
(b)(2) of this section) the amount of credit to be awarded, and records 
that credit in the person's training record;
    (4) The person who requests credit for previous pilot experience and 
knowledge obtained the experience and knowledge from another part 141 
approved pilot school and training course; and
    (5) The receiving school retains a copy of the person's training 
record from the previous school.
    (c) Tests given by a pilot school that holds examining authority 
must be approved by the Administrator and be at least equal in scope, 
depth, and difficulty to the comparable knowledge and practical tests 
prescribed by the Administrator under part 61 of this chapter.
    (d) A pilot school that holds examining authority may not use its 
knowledge or practical tests if the school:
    (1) Knows, or has reason to believe, the test has been compromised; 
or
    (2) Is notified by an FAA Flight Standards District Office that 
there is reason to believe or it is known that the test has been 
compromised.
    (e) A pilot school that holds examining authority must maintain a 
record of all temporary airman certificates it issues, which consist of 
the following information:
    (1) A chronological listing that includes--
    (i) The date the temporary airman certificate was issued;
    (ii) The student to whom the temporary airman certificate was 
issued, and that student's permanent mailing address and telephone 
number;
    (iii) The training course from which the student graduated;
    (iv) The name of person who conducted the knowledge or practical 
test;
    (v) The type of temporary airman certificate or rating issued to the 
student; and
    (vi) The date the student's airman application file was sent to the 
FAA for processing for a permanent airman certificate.
    (2) A copy of the record containing each student's graduation 
certificate, airman application, temporary airman certificate, 
superseded airman certificate (if applicable), and knowledge test or 
practical test results; and

[[Page 17]]

    (3) The records required by paragraph (e) of this section must be 
retained for 1 year and made available to the Administrator upon 
request. These records must be surrendered to the Administrator when the 
pilot school ceases to have examining authority.
    (f) Except for pilot schools that have an airman certification 
representative, when a student passes the knowledge test or practical 
test, the pilot school that holds examining authority must submit that 
student's airman application file and training record to the FAA for 
processing for the issuance of a permanent airman certificate.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



                       Subpart E--Operating Rules



Sec. 141.71  Applicability.

    This subpart prescribes the operating rules applicable to a pilot 
school or provisional pilot school certificated under the provisions of 
this part.



Sec. 141.73  Privileges.

    (a) The holder of a pilot school certificate or a provisional pilot 
school certificate may advertise and conduct approved pilot training 
courses in accordance with the certificate and any ratings that it 
holds.
    (b) A pilot school that holds examining authority for an approved 
training course may recommend a graduate of that course for the issuance 
of an appropriate pilot, flight instructor, or ground instructor 
certificate and rating, without taking an FAA knowledge test or 
practical test, provided the training course has been approved and meets 
the minimum ground and flight training time requirements of this part.



Sec. 141.75  Aircraft requirements.

    The following items must be carried on each aircraft used for flight 
training and solo flights:
    (a) A pretakeoff and prelanding checklist; and
    (b) The operator's handbook for the aircraft, if one is furnished by 
the manufacturer, or copies of the handbook if furnished to each student 
using the aircraft.

[Doc. No. 25910, 62 FR 40908, July 30, 1997]



Sec. 141.77  Limitations.

    (a) The holder of a pilot school certificate or a provisional pilot 
school certificate may not issue a graduation certificate to a student, 
or recommend a student for a pilot certificate or rating, unless the 
student has:
    (1) Completed the training specified in the pilot school's course of 
training; and
    (2) Passed the required final tests.
    (b) Except as provided in paragraph (c) of this section, the holder 
of a pilot school certificate or a provisional pilot school certificate 
may not graduate a student from a course of training unless the student 
has completed all of the curriculum requirements of that course;
    (c) A student may be given credit towards the curriculum 
requirements of a course for previous pilot experience and knowledge, 
provided the following conditions are met:
    (1) If the credit is based upon a part 141-approved training course, 
the credit given that student for the previous pilot experience and 
knowledge may be 50 percent of the curriculum requirements and must be 
based upon a proficiency test or knowledge test, or both, conducted by 
the receiving pilot school;
    (2) If the credit is not based upon a part 141-approved training 
course, the credit given that student for the previous pilot experience 
and knowledge shall not exceed more than 25 percent of the curriculum 
requirements and must be based upon a proficiency test or knowledge 
test, or both, conducted by the receiving pilot school;
    (3) The receiving school determines the amount of course credit to 
be transferred under paragraph (c)(1) or paragraph (c)(2) of this 
section, based on a proficiency test or knowledge test, or both, of the 
student; and
    (4) Credit for training specified in paragraph (c)(1) or paragraph 
(c)(2) of this section may be given only if the previous provider of the 
training has certified in writing, or other form acceptable to the 
Administrator as to the kind and amount of training provided,

[[Page 18]]

and the result of each stage check and end-of-course test, if 
applicable, given to the student.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.79  Flight training.

    (a) No person other than a certificated flight instructor or 
commercial pilot with a lighter-than-air rating who has the ratings and 
the minimum qualifications specified in the approved training course 
outline may give a student flight training under an approved course of 
training.
    (b) No student pilot may be authorized to start a solo practice 
flight from an airport until the flight has been approved by a 
certificated flight instructor or commercial pilot with a lighter-than-
air rating who is present at that airport.
    (c) Each chief instructor and assistant chief instructor assigned to 
a training course must complete, at least once every 12 calendar months, 
an approved syllabus of training consisting of ground or flight 
training, or both, or an approved flight instructor refresher course.
    (d) Each certificated flight instructor or commercial pilot with a 
lighter-than-air rating who is assigned to a flight training course must 
satisfactorily complete the following tasks, which must be administered 
by the school's chief instructor, assistant chief instructor, or check 
instructor:
    (1) Prior to receiving authorization to train students in a flight 
training course, must--
    (i) Accomplish a review of and receive a briefing on the objectives 
and standards of that training course; and
    (ii) Accomplish an initial proficiency check in each make and model 
of aircraft used in that training course in which that person provides 
training; and
    (2) Every 12 calendar months after the month in which the person 
last complied with the requirements of paragraph (d)(1)(ii) of this 
section, accomplish a recurrent proficiency check in one of the aircraft 
in which the person trains students.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.81  Ground training.

    (a) Except as provided in paragraph (b) of this section, each 
instructor who is assigned to a ground training course must hold a 
flight or ground instructor certificate, or a commercial pilot 
certificate with a lighter-than-air rating, with the appropriate rating 
for that course of training.
    (b) A person who does not meet the requirements of paragraph (a) of 
this section may be assigned ground training duties in a ground training 
course, if:
    (1) The chief instructor who is assigned to that ground training 
course finds the person qualified to give that training; and
    (2) The training is given while under the supervision of the chief 
instructor or the assistant chief instructor who is present at the 
facility when the training is given.
    (c) An instructor may not be used in a ground training course until 
that instructor has been briefed on the objectives and standards of that 
course by the chief instructor, assistant chief instructor, or check 
instructor.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.83  Quality of training.

    (a) Each pilot school or provisional pilot school must meet the 
following requirements:
    (1) Comply with its approved training course; and
    (2) Provide training of such quality that meets the requirements of 
Sec. 141.5(d) of this part.
    (b) The failure of a pilot school or provisional pilot school to 
maintain the quality of training specified in paragraph (a) of this 
section may be the basis for suspending or revoking that school's 
certificate.
    (c) When requested by the Administrator, a pilot school or 
provisional pilot school must allow the FAA to administer any knowledge 
test, practical test, stage check, or end-of-course test to its 
students.
    (d) When a stage check or end-of-course test is administered by the 
FAA under the provisions of paragraph (c) of this section, and the 
student has not completed the training course, then

[[Page 19]]

that test will be based on the standards prescribed in the school's 
approved training course.
    (e) When a practical test or knowledge test is administered by the 
FAA under the provisions of paragraph (c) of this section, to a student 
who has completed the school's training course, that test will be based 
upon the areas of operation approved by the Administrator.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.85  Chief instructor responsibilities.

    (a) Each person designated as a chief instructor for a pilot school 
or provisional pilot school shall be responsible for:
    (1) Certifying each student's training record, graduation 
certificate, stage check and end-of-course test report, recommendation 
for course completion, and application;
    (2) Ensuring that each certificated flight instructor, certificated 
ground instructor, or commercial pilot with a lighter-than-air rating 
passes an initial proficiency check prior to that instructor being 
assigned instructing duties in the school's approved training course, 
and thereafter that the instructor passes a recurrent proficiency check 
every 12 calendar months after the month in which the initial test was 
accomplished;
    (3) Ensuring that each student accomplishes the required stage 
checks and end-of-course tests in accordance with the school's approved 
training course; and
    (4) Maintaining training techniques, procedures, and standards for 
the school that are acceptable to the Administrator.
    (b) The chief instructor or an assistant chief instructor must be 
available at the pilot school or, if away from the pilot school, be 
available by telephone, radio, or other electronic means during the time 
that training is given for an approved training course.
    (c) The chief instructor may delegate authority for conducting stage 
checks, end-of-course tests, and flight instructor proficiency checks to 
the assistant chief instructor or a check instructor.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.87  Change of chief instructor.

    Whenever a pilot school or provisional pilot school makes a change 
of designation of its chief instructor, that school:
    (a) Must immediately provide the FAA Flight Standards District 
Office that has jurisdiction over the area in which the school is 
located with written notification of the change;
    (b) May conduct training without a chief instructor for that 
training course for a period not to exceed 60 days while awaiting the 
designation and approval of another chief instructor;
    (c) May, for a period not to exceed 60 days, have the stage checks 
and end-of-course tests administered by:
    (1) The training course's assistant chief instructor, if one has 
been designated;
    (2) The training course's check instructor, if one has been 
designated;
    (3) An FAA inspector; or
    (4) An examiner.
    (d) Must, after 60 days without a chief instructor, cease operations 
and surrender its certificate to the Administrator; and
    (e) May have its certificate reinstated, upon:
    (1) Designating and approving another chief instructor;
    (2) Showing it meets the requirements of Sec. 141.27(a)(2) of this 
part; and
    (3) Applying for reinstatement on a form and in a manner prescribed 
by the Administrator.



Sec. 141.89  Maintenance of personnel, facilities, and equipment.

    The holder of a pilot school certificate or provisional pilot school 
certificate may not provide training to a student who is enrolled in an 
approved course of training unless:
    (a) Each airport, aircraft, and facility necessary for that training 
meets the standards specified in the holder's approved training course 
outline and the appropriate requirements of this part; and

[[Page 20]]

    (b) Except as provided in Sec. 141.87 of this part, each chief 
instructor, assistant chief instructor, check instructor, or instructor 
meets the qualifications specified in the holder's approved course of 
training and the appropriate requirements of this part.



Sec. 141.91  Satellite bases.

    The holder of a pilot school certificate or provisional pilot school 
certificate may conduct ground training or flight training in an 
approved course of training at a base other than its main operations 
base if:
    (a) An assistant chief instructor is designated for each satellite 
base, and that assistant chief instructor is available at that base or, 
if away from the premises, by telephone, radio, or other electronic 
means during the time that training is provided for an approved training 
course;
    (b) The airport, facilities, and personnel used at the satellite 
base meet the appropriate requirements of subpart B of this part and its 
approved training course outline;
    (c) The instructors are under the direct supervision of the chief 
instructor or assistant chief instructor for the appropriate training 
course, who is readily available for consultation in accordance with 
Sec. 141.85(b) of this part; and
    (d) The FAA Flight Standards District Office having jurisdiction 
over the area in which the school is located is notified in writing if 
training is conducted at a base other than the school's main operations 
base for more than 7 consecutive days.

[Doc. No. 25910, 62 FR. 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.93  Enrollment.

    (a) The holder of a pilot school certificate or a provisional pilot 
school certificate must, at the time a student is enrolled in an 
approved training course, furnish that student with a copy of the 
following:
    (1) A certificate of enrollment containing--
    (i) The name of the course in which the student is enrolled; and
    (ii) The date of that enrollment.
    (2) A copy of the student's training syllabus.
    (3) A copy of the safety procedures and practices developed by the 
school that describe the use of the school's facilities and the 
operation of its aircraft. Those procedures and practices shall include 
training on at least the following information--
    (i) The weather minimums required by the school for dual and solo 
flights;
    (ii) The procedures for starting and taxiing aircraft on the ramp;
    (iii) Fire precautions and procedures;
    (iv) Redispatch procedures after unprogrammed landings, on and off 
airports;
    (v) Aircraft discrepancies and approval for return-to-service 
determinations;
    (vi) Securing of aircraft when not in use;
    (vii) Fuel reserves necessary for local and cross-country flights;
    (viii) Avoidance of other aircraft in flight and on the ground;
    (ix) Minimum altitude limitations and simulated emergency landing 
instructions; and
    (x) A description of and instructions regarding the use of assigned 
practice areas.
    (b) The holder of a pilot school certificate or provisional pilot 
school certificate must maintain a monthly listing of persons enrolled 
in each training course offered by the school.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.95  Graduation certificate.

    (a) The holder of a pilot school certificate or provisional pilot 
school certificate must issue a graduation certificate to each student 
who completes its approved course of training.
    (b) The graduation certificate must be issued to the student upon 
completion of the course of training and contain at least the following 
information:
    (1) The name of the school and the certificate number of the school;
    (2) The name of the graduate to whom it was issued;
    (3) The course of training for which it was issued;
    (4) The date of graduation;
    (5) A statement that the student has satisfactorily completed each 
required stage of the approved course of training including the tests 
for those stages;

[[Page 21]]

    (6) A certification of the information contained on the graduation 
certificate by the chief instructor for that course of training; and
    (7) A statement showing the cross-country training that the student 
received in the course of training.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



                           Subpart F--Records



Sec. 141.101  Training records.

    (a) Each holder of a pilot school certificate or provisional pilot 
school certificate must establish and maintain a current and accurate 
record of the participation of each student enrolled in an approved 
course of training conducted by the school that includes the following 
information:
    (1) The date the student was enrolled in the approved course;
    (2) A chronological log of the student's course attendance, 
subjects, and flight operations covered in the student's training, and 
the names and grades of any tests taken by the student; and
    (3) The date the student graduated, terminated training, or 
transferred to another school.
    (b) The records required to be maintained in a student's logbook 
will not suffice for the record required by paragraph (a) of this 
section.
    (c) Whenever a student graduates, terminates training, or transfers 
to another school, the student's record must be certified to that effect 
by the chief instructor.
    (d) The holder of a pilot school certificate or a provisional pilot 
school certificate must retain each student record required by this 
section for at least 1 year from the date that the student:
    (1) Graduates from the course to which the record pertains;
    (2) Terminates enrollment in the course to which the record 
pertains; or
    (3) Transfers to another school.
    (e) The holder of a pilot school certificate or a provisional pilot 
school certificate must make a copy of the student's training record 
available upon request by the student.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]

     Appendix A to Part 141--Recreational Pilot Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
required for a recreational pilot certification course under this part, 
for the following ratings:
    (a) Airplane single-engine.
    (b) Rotorcraft helicopter.
    (c) Rotorcraft gyroplane.
    2. Eligibility for enrollment. A person must hold a student pilot 
certificate prior to enrolling in the flight portion of the recreational 
pilot certification course.
    3. Aeronautical knowledge training. Each approved course must 
include at least 20 hours of ground training on the following 
aeronautical knowledge areas, appropriate to the aircraft category and 
class for which the course applies:
    (a) Applicable Federal Aviation Regulations for recreational pilot 
privileges, limitations, and flight operations;
    (b) Accident reporting requirements of the National Transportation 
Safety Board;
    (c) Applicable subjects in the ``Aeronautical Information Manual'' 
and the appropriate FAA advisory circulars;
    (d) Use of aeronautical charts for VFR navigation using pilotage 
with the aid of a magnetic compass;
    (e) Recognition of critical weather situations from the ground and 
in flight, windshear avoidance, and the procurement and use of 
aeronautical weather reports and forecasts;
    (f) Safe and efficient operation of aircraft, including collision 
avoidance, and recognition and avoidance of wake turbulence;
    (g) Effects of density altitude on takeoff and climb performance;
    (h) Weight and balance computations;
    (i) Principles of aerodynamics, powerplants, and aircraft systems;
    (j) Stall awareness, spin entry, spins, and spin recovery 
techniques, if applying for an airplane single-engine rating;
    (k) Aeronautical decision making and judgment; and
    (l) Preflight action that includes--
    (1) How to obtain information on runway lengths at airports of 
intended use, data on takeoff and landing distances, weather reports and 
forecasts, and fuel requirements; and
    (2) How to plan for alternatives if the planned flight cannot be 
completed or delays are encountered.

[[Page 22]]

    4. Flight training. (a) Each approved course must include at least 
30 hours of flight training (of which 15 hours must be with a 
certificated flight instructor and 3 hours must be solo flight training 
as provided in section No. 5 of this appendix) on the approved areas of 
operation listed in paragraph (c) of this section that are appropriate 
to the aircraft category and class rating for which the course applies, 
including:
    (1) Except as provided in Sec. 61.100 of this chapter, 2 hours of 
dual flight training to and at an airport that is located more than 25 
nautical miles from the airport where the applicant normally trains, 
with at least three takeoffs and three landings; and
    (2) 3 hours of dual flight training in an aircraft that is 
appropriate to the aircraft category and class for which the course 
applies, in preparation for the practical test within 60 days preceding 
the date of the test.
    (b) Each training flight must include a preflight briefing and a 
postflight critique of the student by the flight instructor assigned to 
that flight.
    (c) Flight training must include the following approved areas of 
operation appropriate to the aircraft category and class rating--
    (1) For an airplane single-engine course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Emergency operations; and
    (x) Postflight procedures.
    (2) For a rotorcraft helicopter course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Navigation;
    (viii) Emergency operations; and
    (ix) Postflight procedures.
    (3) For a rotorcraft gyroplane course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Flight at slow airspeeds;
    (ix) Emergency operations; and
    (x) Postflight procedures.
    5. Solo flight training. Each approved course must include at least 
3 hours of solo flight training on the approved areas of operation 
listed in paragraph (c) of section No. 4 of this appendix that are 
appropriate to the aircraft category and class rating for which the 
course applies.
    6. Stage checks and end-of-course tests. (a) Each student enrolled 
in a recreational pilot course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation listed in 
paragraph (c) of section No. 4 of this appendix that are appropriate to 
the aircraft category and class rating for which the course applies.
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]

       Appendix B to Part 141--Private Pilot Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a private pilot certification course required under this part, for 
the following ratings:
    (a) Airplane single-engine.
    (b) Airplane multiengine.
    (c) Rotorcraft helicopter.
    (d) Rotorcraft gyroplane.
    (e) Powered-lift.
    (f) Glider.
    (g) Lighter-than-air airship.
    (h) Lighter-than-air balloon.
    2. Eligibility for enrollment. A person must hold a recreational or 
student pilot certificate prior to enrolling in the flight portion of 
the private pilot certification course.
    3. Aeronautical knowledge training.
    (a) Each approved course must include at least the following ground 
training on the aeronautical knowledge areas listed in paragraph (b) of 
this section, appropriate to the aircraft category and class rating:
    (1) 35 hours of training if the course is for an airplane, 
rotorcraft, or powered-lift category rating.
    (2) 15 hours of training if the course is for a glider category 
rating.
    (3) 10 hours of training if the course is for a lighter-than-air 
category with a balloon class rating.
    (4) 35 hours of training if the course is for a lighter-than-air 
category with an airship class rating.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) Applicable Federal Aviation Regulations for private pilot 
privileges, limitations, and flight operations;
    (2) Accident reporting requirements of the National Transportation 
Safety Board;
    (3) Applicable subjects of the ``Aeronautical Information Manual'' 
and the appropriate FAA advisory circulars;

[[Page 23]]

    (4) Aeronautical charts for VFR navigation using pilotage, dead 
reckoning, and navigation systems;
    (5) Radio communication procedures;
    (6) Recognition of critical weather situations from the ground and 
in flight, windshear avoidance, and the procurement and use of 
aeronautical weather reports and forecasts;
    (7) Safe and efficient operation of aircraft, including collision 
avoidance, and recognition and avoidance of wake turbulence;
    (8) Effects of density altitude on takeoff and climb performance;
    (9) Weight and balance computations;
    (10) Principles of aerodynamics, powerplants, and aircraft systems;
    (11) If the course of training is for an airplane category or glider 
category rating, stall awareness, spin entry, spins, and spin recovery 
techniques;
    (12) Aeronautical decision making and judgment; and
    (13) Preflight action that includes--
    (i) How to obtain information on runway lengths at airports of 
intended use, data on takeoff and landing distances, weather reports and 
forecasts, and fuel requirements; and
    (ii) How to plan for alternatives if the planned flight cannot be 
completed or delays are encountered.
    4. Flight training. (a) Each approved course must include at least 
the following flight training, as provided in this section and section 
No. 5 of this appendix, on the approved areas of operation listed in 
paragraph (d) of this section, appropriate to the aircraft category and 
class rating:
    (1) 35 hours of training if the course is for an airplane, 
rotorcraft, powered-lift, or airship rating.
    (2) 6 hours of training if the course is for a glider rating.
    (3) 8 hours of training if the course is for a balloon rating.
    (b) Each approved course must include at least the following flight 
training:
    (1) For an airplane single-engine course: 20 hours of flight 
training from a certificated flight instructor on the approved areas of 
operation in paragraph (d)(1) of this section that includes at least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in a single-engine airplane;
    (ii) 3 hours of night flight training in a single-engine airplane 
that includes--
    (A) One cross-country flight of more than 100-nautical-miles total 
distance; and
    (B) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of instrument training in a single-engine airplane; 
and
    (iv) 3 hours of flight training in a single-engine airplane in 
preparation for the practical test within 60 days preceding the date of 
the test.
    (2) For an airplane multiengine course: 20 hours of flight training 
from a certificated flight instructor on the approved areas of operation 
in paragraph (d)(2) of this section that includes at least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in a multiengine airplane;
    (ii) 3 hours of night flight training in a multiengine airplane that 
includes--
    (A) One cross-country flight of more than 100-nautical-miles total 
distance; and
    (B) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of instrument training in a multiengine airplane; and
    (iv) 3 hours of flight training in a multiengine airplane in 
preparation for the practical test within 60 days preceding the date of 
the test.
    (3) For a rotorcraft helicopter course: 20 hours of flight training 
from a certificated flight instructor on the approved areas of operation 
in paragraph (d)(3) of this section that includes at least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in a helicopter.
    (ii) 3 hours of night flight training in a helicopter that 
includes--
    (A) One cross-country flight of more than 50-nautical-miles total 
distance; and
    (B) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of flight training in a helicopter in preparation for 
the practical test within 60 days preceding the date of the test.
    (4) For a rotorcraft gyroplane course: 20 hours of flight training 
from a certificated flight instructor on the approved areas of operation 
in paragraph (d)(4) of this section that includes at least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in a gyroplane.
    (ii) 3 hours of night flight training in a gyroplane that includes--
    (A) One cross-country flight over 50-nautical-miles total distance; 
and
    (B) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of flight training in a gyroplane in preparation for 
the practical test within 60 days preceding the date of the test.
    (5) For a powered-lift course: 20 hours of flight training from a 
certificated flight instructor on the approved areas of operation in 
paragraph (d)(5) of this section that includes at least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in a powered-lift;

[[Page 24]]

    (ii) 3 hours of night flight training in a powered-lift that 
includes--
    (A) One cross-country flight of more than 100-nautical-miles total 
distance; and
    (B) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of instrument training in a powered-lift; and
    (iv) 3 hours of flight training in a powered-lift in preparation for 
the practical test, within 60 days preceding the date of the test.
    (6) For a glider course: 4 hours of flight training from a 
certificated flight instructor on the approved areas of operation in 
paragraph (d)(6) of this section that includes at least--
    (i) Five training flights in a glider with a certificated flight 
instructor on the launch/tow procedures approved for the course and on 
the appropriate approved areas of operation listed in paragraph (d)(6) 
of this section; and
    (ii) Three training flights in a glider with a certificated flight 
instructor in preparation for the practical test within 60 days 
preceding the date of the test.
    (7) For a lighter-than-air airship course: 20 hours of flight 
training from a commercial pilot with an airship rating on the approved 
areas of operation in paragraph (d)(7) of this section that includes at 
least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in an airship;
    (ii) 3 hours of night flight training in an airship that includes--
    (A) One cross-country flight over 25-nautical-miles total distance; 
and
    (B) Five takeoffs and five landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of instrument training in an airship; and
    (iv) 3 hours of flight training in an airship in preparation for the 
practical test within 60 days preceding the date of the test.
    (8) For a lighter-than-air balloon course: 8 hours of flight 
training, including at least five training flights, from a commercial 
pilot with a balloon rating on the approved areas of operation in 
paragraph (d)(8) of this section, that includes--
    (i) If the training is being performed in a gas balloon--
    (A) Two flights of 1 hour each;
    (B) One flight involving a controlled ascent to 3,000 feet above the 
launch site; and
    (C) Two flights in preparation for the practical test within 60 days 
preceding the date of the test.
    (ii) If the training is being performed in a balloon with an 
airborne heater--
    (A) Two flights of 30 minutes each;
    (B) One flight involving a controlled ascent to 2,000 feet above the 
launch site; and
    (C) Two flights in preparation for the practical test within 60 days 
preceding the date of the test.
    (c) For use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and 
the training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part may be credited for a maximum of 20 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part may be credited for a maximum of 15 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in flight simulators or flight training devices 
described in paragraphs (c)(2) and (c)(3) of this section, if used in 
combination, may be credited for a maximum of 20 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of Sec. 141.41(b) cannot 
exceed the limitation provided for in paragraph (c)(3) of this section.
    (d) Each approved course must include the flight training on the 
approved areas of operation listed in this paragraph that are 
appropriate to the aircraft category and class rating--
    (1) For a single-engine airplane course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Basic instrument maneuvers;
    (x) Emergency operations;
    (xi) Night operations, and
    (xii) Postflight procedures.
    (2) For a multiengine airplane course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Basic instrument maneuvers;
    (x) Emergency operations;
    (xi) Multiengine operations;
    (xii) Night operations; and
    (xiii) Postflight procedures.

[[Page 25]]

    (3) For a rotorcraft helicopter course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Navigation;
    (viii) Emergency operations;
    (ix) Night operations; and
    (x) Postflight procedures.
    (4) For a rotorcraft gyroplane course:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Flight at slow airspeeds;
    (ix) Emergency operations;
    (x) Night operations; and
    (xi) Postflight procedures.
    (5) For a powered-lift course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Ground reference maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Basic instrument maneuvers;
    (xi) Emergency operations;
    (xii) Night operations; and
    (xiii) Postflight procedures.
    (6) For a glider course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and gliderport operations;
    (iv) Launches/tows, as appropriate, and landings;
    (v) Performance speeds;
    (vi) Soaring techniques;
    (vii) Performance maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Emergency operations; and
    (xi) Postflight procedures.
    (7) For a lighter-than-air airship course: (i) Preflight 
preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Emergency operations; and
    (ix) Postflight procedures.
    (8) For a lighter-than-air balloon course: (i) Preflight 
preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Launches and landings;
    (v) Performance maneuvers;
    (vi) Navigation;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
    5. Solo flight training. Each approved course must include at least 
the following solo flight training:
    (a) For an airplane single-engine course: 5 hours of solo flight 
training in a single-engine airplane on the approved areas of operation 
in paragraph (d)(1) of section No. 4 of this appendix that includes at 
least--
    (1) One solo cross-country flight of at least 100 nautical miles 
with landings at a minimum of three points, and one segment of the 
flight consisting of a straight-line distance of at least 50 nautical 
miles between the takeoff and landing locations; and
    (2) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (b) For an airplane multiengine course: 5 hours of flight training 
in a multiengine airplane performing the duties of a pilot in command 
while under the supervision of a certificated flight instructor. The 
training must consist of the approved areas of operation in paragraph 
(d)(2) of section No. 4 of this appendix, and include at least--
    (1) One cross-country flight of at least 100 nautical miles with 
landings at a minimum of three points, and one segment of the flight 
consisting of a straight-line distance of at least 50 nautical miles 
between the takeoff and landing locations; and
    (2) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (c) For a rotorcraft helicopter course: 5 hours of solo flight 
training in a helicopter on the approved areas of operation in paragraph 
(d)(3) of section No. 4 of this appendix that includes at least--
    (1) One solo cross-country flight of more than 50 nautical miles 
with landings at a minimum of three points, and one segment of the 
flight consisting of a straight-line distance of at least 25 nautical 
miles between the takeoff and landing locations; and
    (2) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (d) For a rotorcraft gyroplane course: 5 hours of solo flight 
training in gyroplanes on the approved areas of operation in paragraph 
(d)(4) of section No. 4 of this appendix that includes at least--
    (1) One solo cross-country flight of more than 50 nautical miles 
with landings at a minimum of three points, and one segment of the 
flight consisting of a straight-line distance of at least 25 nautical 
miles between the takeoff and landing locations; and
    (2) Three takeoffs and three landings to a full stop (with each 
landing involving a

[[Page 26]]

flight in the traffic pattern) at an airport with an operating control 
tower.
    (e) For a powered-lift course: 5 hours of solo flight training in a 
powered-lift on the approved areas of operation in paragraph (d)(5) of 
section No. 4 of this appendix that includes at least--
    (1) One solo cross-country flight of at least 100 nautical miles 
with landings at a minimum of three points, and one segment of the 
flight consisting of a straight-line distance of at least 50 nautical 
miles between the takeoff and landing locations; and
    (2) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (f) For a glider course: Two solo flights in a glider on the 
approved areas of operation in paragraph (d)(6) of section No. 4 of this 
appendix, and the launch and tow procedures appropriate for the approved 
course.
    (g) For a lighter-than-air airship course: 5 hours of flight 
training in an airship performing the duties of pilot in command while 
under the supervision of a commercial pilot with an airship rating. The 
training must consist of the approved areas of operation in paragraph 
(d)(7) of section No. 4 of this appendix.
    (h) For a lighter-than-air balloon course: Two solo flights in a 
balloon with an airborne heater if the course involves a balloon with an 
airborne heater or, if the course involves a gas balloon, at least two 
flights in a gas balloon performing the duties of pilot in command while 
under the supervision of a commercial pilot with a balloon rating. The 
training must consist of the approved areas of operation in paragraph 
(d)(8) of section No. 4 of this appendix, in the kind of balloon for 
which the course applies.
    6. Stage checks and end-of-course tests.
    (a) Each student enrolled in a private pilot course must 
satisfactorily accomplish the stage checks and end-of-course tests in 
accordance with the school's approved training course, consisting of the 
approved areas of operation listed in paragraph (d) of section No. 4 of 
this appendix that are appropriate to the aircraft category and class 
rating for which the course applies.
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997; as amended by Amdt. 141-10, 63 FR 20289, Apr. 23, 1998]

            Appendix C to Part 141--Instrument Rating Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for an instrument rating course and an additional instrument rating 
course, required under this part, for the following ratings:
    (a) Instrument--airplane.
    (b) Instrument--helicopter.
    (c) Instrument--powered-lift.
    2. Eligibility for enrollment. A person must hold at least a private 
pilot certificate with an aircraft category and class rating appropriate 
to the instrument rating for which the course applies prior to enrolling 
in the flight portion of the instrument rating course.
    3. Aeronautical knowledge training. (a) Each approved course must 
include at least the following ground training on the aeronautical 
knowledge areas listed in paragraph (b) of this section appropriate to 
the instrument rating for which the course applies:
    (1) 30 hours of training if the course is for an initial instrument 
rating.
    (2) 20 hours of training if the course is for an additional 
instrument rating.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) Applicable Federal Aviation Regulations for IFR flight 
operations;
    (2) Appropriate information in the ``Aeronautical Information 
Manual'';
    (3) Air traffic control system and procedures for instrument flight 
operations;
    (4) IFR navigation and approaches by use of navigation systems;
    (5) Use of IFR en route and instrument approach procedure charts;
    (6) Procurement and use of aviation weather reports and forecasts, 
and the elements of forecasting weather trends on the basis of that 
information and personal observation of weather conditions;
    (7) Safe and efficient operation of aircraft under instrument flight 
rules and conditions;
    (8) Recognition of critical weather situations and windshear 
avoidance;
    (9) Aeronautical decision making and judgment; and
    (10) Crew resource management, to include crew communication and 
coordination.
    4. Flight training. (a) Each approved course must include at least 
the following flight training on the approved areas of operation listed 
in paragraph (d) of this section, appropriate to the instrument-aircraft 
category and class rating for which the course applies:
    (1) 35 hours of instrument training if the course is for an initial 
instrument rating.
    (2) 15 hours of instrument training if the course is for an 
additional instrument rating.
    (b) For the use of flight simulators or flight training devices--
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and 
the training is given by an authorized instructor.

[[Page 27]]

    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part may be credited for a maximum of 50 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part may be credited for a maximum of 40 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 50 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of Sec. 141.41(b) cannot 
exceed the limitation provided for in paragraph (b)(3) of this section.
    (c) Each approved course must include the following flight 
training--
    (1) For an instrument airplane course: Instrument training time from 
a certificated flight instructor with an instrument rating on the 
approved areas of operation in paragraph (d) of this section including 
at least one cross-country flight that--
    (i) Is in the category and class of airplane that the course is 
approved for, and is performed under IFR;
    (ii) Is a distance of at least 250 nautical miles along airways or 
ATC-directed routing with one segment of the flight consisting of at 
least a straight-line distance of 100 nautical miles between airports;
    (iii) Involves an instrument approach at each airport; and
    (iv) Involves three different kinds of approaches with the use of 
navigation systems.
    (2) For an instrument helicopter course: Instrument training time 
from a certificated flight instructor with an instrument rating on the 
approved areas of operation in paragraph (d) of this section including 
at least one cross-country flight that--
    (i) Is in a helicopter and is performed under IFR;
    (ii) Is a distance of at least 100 nautical miles along airways or 
ATC-directed routing with one segment of the flight consisting of at 
least a straight-line distance of 50 nautical miles between airports;
    (iii) Involves an instrument approach at each airport; and
    (iv) Involves three different kinds of approaches with the use of 
navigation systems.
    (3) For an instrument powered-lift course: Instrument training time 
from a certificated flight instructor with an instrument rating on the 
approved areas of operation in paragraph (d) of this section including 
at least one cross-country flight that--
    (i) Is in a powered-lift and is performed under IFR;
    (ii) Is a distance of at least 250 nautical miles along airways or 
ATC-directed routing with one segment of the flight consisting of at 
least a straight-line distance of 100 nautical miles between airports;
    (iii) Involves an instrument approach at each airport; and
    (iv) Involves three different kinds of approaches with the use of 
navigation systems.
    (d) Each approved course must include the flight training on the 
approved areas of operation listed in this paragraph appropriate to the 
instrument aircraft category and class rating for which the course 
applies:
    (1) Preflight preparation;
    (2) Preflight procedures;
    (3) Air traffic control clearances and procedures;
    (4) Flight by reference to instruments;
    (5) Navigation systems;
    (6) Instrument approach procedures;
    (7) Emergency operations; and
    (8) Postflight procedures.
    5. Stage checks and end-of-course tests. Each student enrolled in an 
instrument rating course must satisfactorily accomplish the stage checks 
and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation listed in 
paragraph (d) of section No. 4 of this appendix that are appropriate to 
the aircraft category and class rating for which the course applies.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997]

      Appendix D to Part 141--Commercial Pilot Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a commercial pilot certification course required under this part, 
for the following ratings:
    (a) Airplane single-engine.
    (b) Airplane multiengine.
    (c) Rotorcraft helicopter.
    (d) Rotorcraft gyroplane.
    (e) Powered-lift.
    (f) Glider.
    (g) Lighter-than-air airship.
    (h) Lighter-than-air balloon.
    2. Eligibility for enrollment. A person must hold the following 
prior to enrolling in the flight portion of the commercial pilot 
certification course:
    (a) At least a private pilot certificate; and
    (b) If the course is for a rating in an airplane or a powered-lift 
category, then the person must:
    (1) Hold an instrument rating in the aircraft that is appropriate to 
the aircraft category rating for which the course applies; or
    (2) Be concurrently enrolled in an instrument rating course that is 
appropriate to the

[[Page 28]]

aircraft category rating for which the course applies, and pass the 
required instrument rating practical test prior to completing the 
commercial pilot certification course.
    3. Aeronautical knowledge training. (a) Each approved course must 
include at least the following ground training on the aeronautical 
knowledge areas listed in paragraph (b) of this section, appropriate to 
the aircraft category and class rating for which the course applies:
    (1) 35 hours of training if the course is for an airplane category 
rating or a powered-lift category rating.
    (2) 65 hours of training if the course is for a lighter-than-air 
category with an airship class rating.
    (3) 30 hours of training if the course is for a rotocraft category 
rating.
    (4) 20 hours of training if the course is for a glider category 
rating.
    (5) 20 hours of training if the course is for lighter-than-air 
category with a balloon class rating.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) Federal Aviation Regulations that apply to commercial pilot 
privileges, limitations, and flight operations;
    (2) Accident reporting requirements of the National Transportation 
Safety Board;
    (3) Basic aerodynamics and the principles of flight;
    (4) Meteorology, to include recognition of critical weather 
situations, windshear recognition and avoidance, and the use of 
aeronautical weather reports and forecasts;
    (5) Safe and efficient operation of aircraft;
    (6) Weight and balance computations;
    (7) Use of performance charts;
    (8) Significance and effects of exceeding aircraft performance 
limitations;
    (9) Use of aeronautical charts and a magnetic compass for pilotage 
and dead reckoning;
    (10) Use of air navigation facilities;
    (11) Aeronautical decision making and judgment;
    (12) Principles and functions of aircraft systems;
    (13) Maneuvers, procedures, and emergency operations appropriate to 
the aircraft;
    (14) Night and high-altitude operations;
    (15) Descriptions of and procedures for operating within the 
National Airspace System; and
    (16) Procedures for flight and ground training for lighter-than-air 
ratings.
    4. Flight training. (a) Each approved course must include at least 
the following flight training, as provided in this section and section 
No. 5 of this appendix, on the approved areas of operation listed in 
paragraph (d) of this section that are appropriate to the aircraft 
category and class rating for which the course applies:
    (1) 120 hours of training if the course is for an airplane or 
powered-lift rating.
    (2) 155 hours of training if the course is for an airship rating.
    (3) 115 hours of training if the course is for a rotocraft rating.
    (4) 6 hours of training if the course is for a glider rating.
    (5) 10 hours of training and 8 training flights if the course is for 
a balloon rating.
    (b) Each approved course must include at least the following flight 
training:
    (1) For an airplane single-engine course: 55 hours of flight 
training from a certificated flight instructor on the approved areas of 
operation listed in paragraph (d)(1) of this section that includes at 
least--
    (i) 5 hours of instrument training in a single-engine airplane;
    (ii) 10 hours of training in a single-engine airplane that has 
retractable landing gear, flaps, and a controllable pitch propeller, or 
is turbine-powered;
    (iii) One cross-country flight in a single-engine airplane of at 
least a 2-hour duration, a total straight-line distance of more than 100 
nautical miles from the original point of departure, and occurring in 
day VFR conditions;
    (iv) One cross-country flight in a single-engine airplane of at 
least a 2-hour duration, a total straight-line distance of more than 100 
nautical miles from the original point of departure, and occurring in 
night VFR conditions; and
    (v) 3 hours in a single-engine airplane in preparation for the 
practical test within 60 days preceding the date of the test.
    (2) For an airplane multiengine course: 55 hours of flight training 
from a certificated flight instructor on the approved areas of operation 
listed in paragraph (d)(2) of this section that includes at least--
    (i) 5 hours of instrument training in a multiengine airplane;
    (ii) 10 hours of training in a multiengine airplane that has 
retractable landing gear, flaps, and a controllable pitch propeller, or 
is turbine-powered;
    (iii) One cross-country flight in a multiengine airplane of at least 
a 2-hour duration, a total straight-line distance of more than 100 
nautical miles from the original point of departure, and occurring in 
day VFR conditions;
    (iv) One cross-country flight in a multiengine airplane of at least 
a 2-hour duration, a total straight-line distance of more than 100 
nautical miles from the original point of departure, and occurring in 
night VFR conditions; and
    (v) 3 hours in a multiengine airplane in preparation for the 
practical test within 60 days preceding the date of the test.
    (3) For a rotorcraft helicopter course: 30 hours of flight training 
from a certificated flight

[[Page 29]]

instructor on the approved areas of operation listed in paragraph (d)(3) 
of this section that includes at least--
    (i) 5 hours of instrument training;
    (ii) One cross-country flight in a helicopter of at least a 2-hour 
duration, a total straight-line distance of more than 50 nautical miles 
from the original point of departure and occurring in day VFR 
conditions;
    (iii) One cross-country flight in a helicopter of at least a 2-hour 
duration, a total straight-line distance of more than 50 nautical miles 
from the original point of departure, and occurring in night VFR 
conditions; and
    (iv) 3 hours in a helicopter in preparation for the practical test 
within 60 days preceding the date of the test.
    (4) For a rotorcraft gyroplane course: 30 hours of flight training 
from a certificated flight instructor on the approved areas of operation 
listed in paragraph (d)(4) of this section that includes at least--
    (i) 5 hours of instrument training;
    (ii) One cross-country flight in a gyroplane of at least a 2-hour 
duration, a total straight-line distance of more than 50 nautical miles 
from the original point of departure, and occurring in day VFR 
conditions;
    (iii) One cross-country flight in a gyroplane of at least a 2-hour 
duration, a total straight-line distance of more than 50 nautical miles 
from the original point of departure, and occurring in night VFR 
conditions; and
    (iv) 3 hours in a gyroplane in preparation for the practical test 
within 60 days preceding the date of the test.
    (5) For a powered-lift course: 55 hours of flight training from a 
certificated flight instructor on the approved areas of operation listed 
in paragraph (d)(5) of this section that includes at least--
    (i) 5 hours of instrument training in a powered-lift;
    (ii) One cross-country flight in a powered-lift of at least a 2-hour 
duration, a total straight-line distance of more than 100 nautical miles 
from the original point of departure, and occurring in day VFR 
conditions;
    (iii) One cross-country flight in a powered-lift of at least a 2-
hour duration, a total straight-line distance of more than 100 nautical 
miles from the original point of departure, and occurring in night VFR 
conditions; and
    (iv) 3 hours in a powered-lift in preparation for the practical test 
within 60 days preceding the date of the test.
    (6) For a glider course: 4 hours of flight training from a 
certificated flight instructor on the approved areas of operation in 
paragraph (d)(6) of this section, that includes at least--
    (i) Five training flights in a glider with a certificated flight 
instructor on the launch/tow procedures approved for the course and on 
the appropriate approved areas of operation listed in paragraph (d)(6) 
of this section; and
    (ii) Three training flights in a glider with a certificated flight 
instructor in preparation for the practical test within 60 days 
preceding the date of the test.
    (7) For a lighter-than-air airship course: 55 hours of flight 
training in airships from a commercial pilot with an airship rating on 
the approved areas of operation in paragraph (d)(7) of this section that 
includes at least--
    (i) 3 hours of instrument training in an airship;
    (ii) One cross-country flight in an airship of at least a 1-hour 
duration, a total straight-line distance of more than 25 nautical miles 
from the original point of departure, and occurring in day VFR 
conditions; and
    (iii) One cross-country flight in an airship of at least a 1-hour 
duration, a total straight-line distance of more than 25 nautical miles 
from the original point of departure, and occurring in night VFR 
conditions; and
    (iv) 3 hours in an airship, in preparation for the practical test 
within 60 days preceding the date of the test.
    (8) For a lighter-than-air balloon course: Flight training from a 
commercial pilot with a balloon rating on the approved areas of 
operation in paragraph (d)(8) of this section that includes at least--
    (i) If the course involves training in a gas balloon:
    (A) Two flights of 1 hour each;
    (B) One flight involving a controlled ascent to at least 5,000 feet 
above the launch site; and
    (C) Two flights in preparation for the practical test within 60 days 
preceding the date of the test.
    (ii) If the course involves training in a balloon with an airborne 
heater:
    (A) Two flights of 30 minutes each;
    (B) One flight involving a controlled ascent to at least 3,000 feet 
above the launch site; and
    (C) Two flights in preparation for the practical test within 60 days 
preceding the date of the test.
    (c) For the use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and is 
given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part may be credited for a maximum of 30 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.

[[Page 30]]

    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part may be credited for a maximum of 20 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in the flight training devices described in paragraphs 
(c)(2) and (c)(3) of this section, if used in combination, may be 
credited for a maximum of 30 percent of the total flight training hour 
requirements of the approved course, or of this section, whichever is 
less. However, credit for training in a flight training device that 
meets the requirements of Sec. 141.41(b) cannot exceed the limitation 
provided for in paragraph (c)(3) of this section.
    (d) Each approved course must include the flight training on the 
approved areas of operation listed in this paragraph that are 
appropriate to the aircraft category and class rating--
    (1) For an airplane single-engine course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Navigation;
    (vii) Slow flight and stalls;
    (viii) Emergency operations;
    (ix) High-altitude operations; and
    (x) Postflight procedures.
    (2) For an airplane multiengine course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Navigation;
    (vii) Slow flight and stalls;
    (viii) Emergency operations;
    (ix) Multiengine operations;
    (x) High-altitude operations; and
    (xi) Postflight procedures.
    (3) For a rotorcraft helicopter course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Navigation;
    (viii) Emergency operations;
    (ix) Special operations; and
    (x) Postflight procedures.
    (4) For a rotorcraft gyroplane course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Navigation;
    (vii) Flight at slow airspeeds;
    (viii) Emergency operations; and
    (ix) Postflight procedures.
    (5) For a powered-lift course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Emergency operations;
    (x) High altitude operations;
    (xi) Special operations; and
    (xii) Postflight procedures.
    (6) For a glider course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and gliderport operations;
    (iv) Launches/tows, as appropriate, and landings;
    (v) Performance speeds;
    (vi) Soaring techniques;
    (vii) Performance maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Emergency operations; and
    (xi) Postflight procedures.
    (7) For a lighter-than-air airship course: (i) Fundamentals of 
instructing;
    (ii) Technical subjects;
    (iii) Preflight preparation;
    (iv) Preflight lessons on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Performance maneuvers;
    (ix) Navigation;
    (x) Emergency operations; and
    (xi) Postflight procedures.
    (8) For a lighter-than-air balloon course: (i) Fundamentals of 
instructing;
    (ii) Technical subjects;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport operations;
    (vii) Launches and landings;
    (viii) Performance maneuvers;
    (ix) Navigation;
    (x) Emergency operations; and
    (xi) Postflight procedures.
    5. Solo training. Each approved course must include at least the 
following solo flight training:
    (a) For an airplane single-engine course: 10 hours of solo flight 
training in a single-engine airplane on the approved areas of operation 
in paragraph (d)(1) of section No. 4 of this appendix that includes at 
least--
    (1) One cross-country flight, if the training is being performed in 
the State of Hawaii, with landings at a minimum of three points, and one 
of the segments consisting of a straight-line distance of at least 150 
nautical miles;

[[Page 31]]

    (2) One cross-country flight, if the training is being performed in 
a State other than Hawaii, with landings at a minimum of three points, 
and one segment of the flight consisting of a straight-line distance of 
at least 250 nautical miles; and
    (3) 5 hours in night VFR conditions with 10 takeoffs and 10 landings 
(with each landing involving a flight with a traffic pattern) at an 
airport with an operating control tower.
    (b) For an airplane multiengine course: 10 hours of flight training 
in a multiengine airplane performing the duties of pilot in command 
while under the supervision of a certificated flight instructor. The 
training must consist of the approved areas of operation in paragraph 
(d)(2) of section No. 4 of this appendix, and include at least--
    (1) One cross-country flight, if the training is being performed in 
the State of Hawaii, with landings at a minimum of three points, and one 
of the segments consisting of a straight-line distance of at least 150 
nautical miles;
    (2) One cross-country flight, if the training is being performed in 
a State other than Hawaii, with landings at a minimum of three points 
and one segment of the flight consisting of straight-line distance of at 
least 250 nautical miles; and
    (3) 5 hours in night VFR conditions with 10 takeoffs and 10 landings 
(with each landing involving a flight with a traffic pattern) at an 
airport with an operating control tower.
    (c) For a rotorcraft helicopter course: 10 hours of solo flight 
training in a helicopter on the approved areas of operation in paragraph 
(d)(3) of section No. 4 of this appendix that includes at least--
    (1) One cross-country flight with landings at a minimum of three 
points and one segment of the flight consisting of a straight-line 
distance of at least 50 nautical miles from the original point of 
departure; and
    (2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings 
(with each landing involving a flight with a traffic pattern) at an 
airport with an operating control tower.
    (d) For a rotorcraft-gyroplane course: 10 hours of solo flight 
training in a gyroplane on the approved areas of operation in paragraph 
(d)(4) of section No. 4 of this appendix that includes at least--
    (1) One cross-country flight with landings at a minimum of three 
points, and one segment of the flight consisting of a straight-line 
distance of at least 50 nautical miles from the original point of 
departure; and
    (2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings 
(with each landing involving a flight with a traffic pattern) at an 
airport with an operating control tower.
    (e) For a powered-lift course: 10 hours of solo flight training in a 
powered-lift on the approved areas of operation in paragraph (d)(5) of 
section No. 4 of this appendix that includes at least--
    (1) One cross-country flight, if the training is being performed in 
the State of Hawaii, with landings at a minimum of three points, and one 
segment of the flight consisting of a straight-line distance of at least 
150 nautical miles;
    (2) One cross-country flight, if the training is being performed in 
a State other than Hawaii, with landings at a minimum of three points, 
and one segment of the flight consisting of a straight-line distance of 
at least 250 nautical miles; and
    (3) 5 hours in night VFR conditions with 10 takeoffs and 10 landings 
(with each landing involving a flight with a traffic pattern) at an 
airport with an operating control tower.
    (f) For a glider course: 5 solo flights in a glider on the approved 
areas of operation in paragraph (d)(6) of section No. 4 of this 
appendix.
    (g) For a lighter-than-air airship course: 10 hours of flight 
training in an airship performing the duties of pilot in command while 
under the supervision of a commercial pilot with an airship rating. The 
training must consist of the approved areas of operation in paragraph 
(d)(7) of section No. 4 of this appendix and include at least--
    (1) One cross-country flight with landings at a minimum of three 
points, and one segment of the flight consisting of a straight-line 
distance of at least 25 nautical miles from the original point of 
departure; and
    (2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings 
(with each landing involving a flight with a traffic pattern).
    (h) For a lighter-than-air balloon course: Two solo flights if the 
course is for a hot air balloon rating, or, if the course is for a gas 
balloon rating, at least two flights in a gas balloon, while performing 
the duties of pilot in command under the supervision of a commercial 
pilot with a balloon rating. The training shall consist of the approved 
areas of operation in paragraph (d)(8) of section No. 4 of this 
appendix, in the kind of balloon for which the course applies.
    6. Stage checks and end-of-course tests. (a) Each student enrolled 
in a commercial pilot course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation listed in 
paragraph (d) of section No. 4 of this appendix that are appropriate to 
aircraft category and class rating for which the course applies.
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997; as amended by Amdt. 141-10, 63 FR 20290, Apr. 23, 1998]

[[Page 32]]

  Appendix E to Part 141--Airline Transport Pilot Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for an airline transport pilot certification course under this part, for 
the following ratings:
    (a) Airplane single-engine.
    (b) Airplane multiengine.
    (c) Rotorcraft helicopter.
    (d) Powered-lift.
    2. Eligibility for enrollment. Prior to enrolling in the flight 
portion of the airline transport pilot certification course, a person 
must:
    (a) Meet the aeronautical experience requirements prescribed in 
subpart G of part 61 of this chapter for an airline transport pilot 
certificate that is appropriate to the aircraft category and class 
rating for which the course applies;
    (b) Hold at least a commercial pilot certificate and an instrument 
rating;
    (c) Meet the military experience requirements under Sec. 61.73 of 
this chapter to qualify for a commercial pilot certificate and an 
instrument rating, if the person is a rated military pilot or former 
rated military pilot of an Armed Force of the United States; or
    (d) Hold either a foreign airline transport pilot license or foreign 
commercial pilot license and an instrument rating, if the person holds a 
pilot license issued by a contracting State to the Convention on 
International Civil Aviation.
    3. Aeronautical knowledge areas. (a) Each approved course must 
include at least 40 hours of ground training on the aeronautical 
knowledge areas listed in paragraph (b) of this section, appropriate to 
the aircraft category and class rating for which the course applies.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) Applicable Federal Aviation Regulations of this chapter that 
relate to airline transport pilot privileges, limitations, and flight 
operations;
    (2) Meteorology, including knowledge of and effects of fronts, 
frontal characteristics, cloud formations, icing, and upper-air data;
    (3) General system of weather and NOTAM collection, dissemination, 
interpretation, and use;
    (4) Interpretation and use of weather charts, maps, forecasts, 
sequence reports, abbreviations, and symbols;
    (5) National Weather Service functions as they pertain to operations 
in the National Airspace System;
    (6) Windshear and microburst awareness, identification, and 
avoidance;
    (7) Principles of air navigation under instrument meteorological 
conditions in the National Airspace System;
    (8) Air traffic control procedures and pilot responsibilities as 
they relate to en route operations, terminal area and radar operations, 
and instrument departure and approach procedures;
    (9) Aircraft loading; weight and balance; use of charts, graphs, 
tables, formulas, and computations; and the effects on aircraft 
performance;
    (10) Aerodynamics relating to an aircraft's flight characteristics 
and performance in normal and abnormal flight regimes;
    (11) Human factors;
    (12) Aeronautical decision making and judgment; and
    (13) Crew resource management to include crew communication and 
coordination.
    4. Flight training. (a) Each approved course must include at least 
25 hours of flight training on the approved areas of operation listed in 
paragraph (c) of this section appropriate to the aircraft category and 
class rating for which the course applies. At least 15 hours of this 
flight training must be instrument flight training.
    (b) For the use of flight simulators or flight training devices--
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and 
the training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part may be credited for a maximum of 50 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part may be credited for a maximum of 25 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 50 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of Sec. 141.41(b) cannot 
exceed the limitation provided for in paragraph (b)(3) of this section.
    (c) Each approved course must include flight training on the 
approved areas of operation listed in this paragraph appropriate to the 
aircraft category and class rating for which the course applies:
    (1) Preflight preparation;
    (2) Preflight procedures;
    (3) Takeoff and departure phase;
    (4) In-flight maneuvers;
    (5) Instrument procedures;

[[Page 33]]

    (6) Landings and approaches to landings;
    (7) Normal and abnormal procedures;
    (8) Emergency procedures; and
    (9) Postflight procedures.
    5. Stage checks and end-of-course tests. (a) Each student enrolled 
in an airline transport pilot course must satisfactorily accomplish the 
stage checks and end-of-course tests, in accordance with the school's 
approved training course, consisting of the approved areas of operation 
listed in paragraph (c) of section No. 4 of this appendix that are 
appropriate to the aircraft category and class rating for which the 
course applies.
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997]

     Appendix F to Part 141--Flight Instructor Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a flight instructor certification course and an additional flight 
instructor rating course required under this part, for the following 
ratings:
    (a) Airplane single-engine.
    (b) Airplane multiengine.
    (c) Rotorcraft helicopter.
    (d) Rotorcraft gyroplane.
    (e) Powered-lift.
    (f) Glider category.
    2. Eligibility for enrollment. A person must hold the following 
prior to enrolling in the flight portion of the flight instructor or 
additional flight instructor rating course:
    (a) A commercial pilot certificate or an airline transport pilot 
certificate, with an aircraft category and class rating appropriate to 
the flight instructor rating for which the course applies; and
    (b) An instrument rating or privilege in an aircraft that is 
appropriate to the aircraft category and class rating for which the 
course applies, if the course is for a flight instructor airplane or 
powered-lift instrument rating.
    3. Aeronautical knowledge training. (a) Each approved course must 
include at least the following ground training in the aeronautical 
knowledge areas listed in paragraph (b) of this section:
    (1) 40 hours of training if the course is for an initial issuance of 
a flight instructor certificate; or
    (2) 20 hours of training if the course is for an additional flight 
instructor rating.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) The fundamentals of instructing including--
    (i) The learning process;
    (ii) Elements of effective teaching;
    (iii) Student evaluation and testing;
    (iv) Course development;
    (v) Lesson planning; and
    (vi) Classroom training techniques.
    (2) The aeronautical knowledge areas in which training is required 
for--
    (i) A recreational, private, and commercial pilot certificate that 
is appropriate to the aircraft category and class rating for which the 
course applies; and
    (ii) An instrument rating that is appropriate to the aircraft 
category and class rating for which the course applies, if the course is 
for an airplane or powered-lift aircraft rating.
    (c) A student who satisfactorily completes 2 years of study on the 
principles of education at a college or university may be credited with 
no more than 20 hours of the training required in paragraph (a)(1) of 
this section.
    4. Flight training. (a) Each approved course must include at least 
the following flight training on the approved areas of operation of 
paragraph (c) of this section appropriate to the flight instructor 
rating for which the course applies:
    (1) 25 hours, if the course is for an airplane, rotorcraft, or 
powered-lift rating; and
    (2) 10 hours, which must include 10 flights, if the course is for a 
glider category rating.
    (b) For the use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and 
the training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part, may be credited for a maximum of 10 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part, may be credited for a maximum of 5 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 10 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of Sec. 141.41(b) cannot 
exceed the limitation provided for in paragraph (b)(3) of this section.

[[Page 34]]

    (c) Each approved course must include flight training on the 
approved areas of operation listed in this paragraph that are 
appropriate to the aircraft category and class rating for which the 
course applies--
    (1) For an airplane--single-engine course: (i) Fundamentals of 
instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and seaplane base operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance maneuvers;
    (x) Ground reference maneuvers;
    (xi) Slow flight, stalls, and spins;
    (xii) Basic instrument maneuvers;
    (xiii) Emergency operations; and
    (xiv) Postflight procedures.
    (2) For an airplane--multiengine course: (i) Fundamentals of 
instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and seaplane base operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance maneuvers;
    (x) Ground reference maneuvers;
    (xi) Slow flight and stalls;
    (xii) Basic instrument maneuvers;
    (xiii) Emergency operations;
    (xiv) Multiengine operations; and
    (xv) Postflight procedures.
    (3) For a rotorcraft--helicopter course: (i) Fundamentals of 
instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and heliport operations;
    (vii) Hovering maneuvers;
    (viii) Takeoffs, landings, and go-arounds;
    (ix) Fundamentals of flight;
    (x) Performance maneuvers;
    (xi) Emergency operations;
    (xii) Special operations; and
    (xiii) Postflight procedures.
    (4) For a rotorcraft--gyroplane course: (i) Fundamentals of 
instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance maneuvers;
    (x) Flight at slow airspeeds;
    (xi) Ground reference maneuvers;
    (xii) Emergency operations; and
    (xiii) Postflight procedures.
    (5) For a powered-lift course: (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and heliport operations;
    (vii) Hovering maneuvers;
    (viii) Takeoffs, landings, and go-arounds;
    (ix) Fundamentals of flight;
    (x) Performance maneuvers;
    (xi) Ground reference maneuvers;
    (xii) Slow flight and stalls;
    (xiii) Basic instrument maneuvers;
    (xiv) Emergency operations;
    (xv) Special operations; and
    (xvi) Postflight procedures.
    (6) For a glider course: (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and gliderport operations;
    (vii) Tows or launches, landings, and go-arounds, if applicable;
    (viii) Fundamentals of flight;
    (ix) Performance speeds;
    (x) Soaring techniques;
    (xi) Performance maneuvers;
    (xii) Slow flight, stalls, and spins;
    (xiii) Emergency operations; and
    (xiv) Postflight procedures.
    5. Stage checks and end-of-course tests. (a) Each student enrolled 
in a flight instructor course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the appropriate approved areas of 
operation listed in paragraph (c) of section No. 4 of this appendix 
appropriate to the flight instructor rating for which the course 
applies.
    (b) In the case of a student who is enrolled in a flight instructor-
airplane rating or flight instructor-glider rating course, that student 
must have:
    (1) Received a logbook endorsement from a certificated flight 
instructor certifying the student received ground and flight training on 
stall awareness, spin entry, spins, and spin recovery procedures in an 
aircraft that is certificated for spins and is appropriate to the rating 
sought; and
    (2) Demonstrated instructional proficiency in stall awareness, spin 
entry, spins, and spin recovery procedures.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997]

[[Page 35]]

 Appendix G to Part 141--Flight Instructor Instrument (For an Airplane, 
      Helicopter, or Powered-Lift Instrument Instructor Rating, as 
                    Appropriate) Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a flight instructor instrument certification course required under 
this part, for the following ratings:
    (a) Flight Instructor Instrument--Airplane.
    (b) Flight Instructor Instrument--Helicopter.
    (c) Flight Instructor Instrument--Powered-lift aircraft.
    2. Eligibility for enrollment. A person must hold the following 
prior to enrolling in the flight portion of the flight instructor 
instrument course:
    (a) A commercial pilot certificate or airline transport pilot 
certificate with an aircraft category and class rating appropriate to 
the flight instructor category and class rating for which the course 
applies; and
    (b) An instrument rating or privilege on that  flight  instructor  
applicant's  pilot certificate that is appropriate to the flight 
instructor instrument rating (for an airplane-, helicopter-, or powered-
lift-instrument rating, as appropriate) for which the course applies.
    3. Aeronautical knowledge training. (a) Each approved course must 
include at least 15 hours of ground training on the aeronautical 
knowledge  areas  listed  in  paragraph  (b) of this section, 
appropriate to the flight instructor instrument rating (for an 
airplane-, helicopter-, or powered-lift-instrument rating, as 
appropriate) for which the course applies:
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) The fundamentals of instructing including:
    (i) The learning process;
    (ii) Elements of effective teaching;
    (iii) Student evaluation and testing;
    (iv) Course development;
    (v) Lesson planning; and
    (vi) Classroom training techniques.
    (2) The aeronautical knowledge areas in which training is required 
for an instrument rating that is appropriate to the aircraft category 
and class rating for the course which applies.
    4. Flight training. (a) Each approved course must include at least 
15 hours of flight training in the approved areas of operation of 
paragraph (c) of this section appropriate to the flight instructor 
rating for which the course applies.
    (b) For the use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved for, meets requirements of this paragraph, and 
the training is given by an instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part, may be credited for a maximum of 10 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part, may be credited for a maximum of 5 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 10 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of Sec. 141.41(b) cannot 
exceed the limitation provided for in paragraph (b)(3) of this section.
    (c) An approved course for the flight instructor-instrument rating 
must include flight training on the following approved areas of 
operation that are appropriate to the instrument-aircraft category and 
class rating for which the course applies:
    (1) Fundamentals of instructing;
    (2) Technical subject areas;
    (3) Preflight preparation;
    (4) Preflight lesson on a maneuver to be performed in flight;
    (5) Air traffic control clearances and procedures;
    (6) Flight by reference to instruments;
    (7) Navigation systems;
    (8) Instrument approach procedures;
    (9) Emergency operations; and
    (10) Postflight procedures.
    5. Stage checks and end-of-course tests. Each student enrolled in a 
flight instructor instrument course must satisfactorily accomplish the 
stage checks and end-of-course tests, in accordance with the school's 
approved training course, consisting of the approved areas of operation 
listed in paragraph (c) of section No. 4 of this appendix that are 
appropriate to the flight instructor instrument rating (for an airplane-
, helicopter-, or powered-lift-instrument rating, as appropriate) for 
which the course applies.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997]

[[Page 36]]

     Appendix H to Part 141--Ground Instructor Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a ground instructor certification course and an additional ground 
instructor rating course, required under this part, for the following 
ratings:
    (a) Ground Instructor--Basic.
    (b) Ground Instructor--Advanced.
    (c) Ground Instructor--Instrument.
    2. Aeronautical knowledge training. (a) Each approved course must 
include at least the following ground training on the knowledge areas 
listed in paragraphs (b), (c), (d), and (e) of this section, appropriate 
to the ground instructor rating for which the course applies:
    (1) 20 hours of training if the course is for an initial issuance of 
a ground instructor certificate; or
    (2) 10 hours of training if the course is for an additional ground 
instructor rating.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) Learning process;
    (2) Elements of effective teaching;
    (3) Student evaluation and testing;
    (4) Course development;
    (5) Lesson planning; and
    (6) Classroom training techniques.
    (c) Ground training for a basic ground instructor certificate must 
include the aeronautical knowledge areas applicable to a recreational 
and private pilot.
    (d) Ground training for an advanced ground instructor rating must 
include the aeronautical knowledge areas applicable to a recreational, 
private, commercial, and airline transport pilot.
    (e) Ground training for an instrument ground instructor rating must 
include the aeronautical knowledge areas applicable to an instrument 
rating.
    (f) A student who satisfactorily completed 2 years of study on the 
principles of education at a college or university may be credited with 
10 hours of the training required in paragraph (a)(1) of this section.
    3. Stage checks and end-of-course tests. Each student enrolled in a 
ground instructor course must satisfactorily accomplish the stage checks 
and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved knowledge areas in paragraph 
(b), (c), (d), and (e) of section No. 2 of this appendix appropriate to 
the ground instructor rating for which the course applies.

  Appendix I to Part 141--Additional Aircraft Category or Class Rating 
                                 Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for an additional aircraft category rating course or an additional 
aircraft class rating course required under this part, for the following 
ratings:
    (a) Airplane single-engine.
    (b) Airplane multiengine.
    (c) Rotorcraft helicopter.
    (d) Rotorcraft gyroplane.
    (e) Powered-lift.
    (f) Glider.
    (g) Lighter-than-air airship.
    (h) Lighter-than-air balloon.
    2. Eligibility for enrollment. A person must hold the level of pilot 
certificate for the additional aircraft category and class rating for 
which the course applies prior to enrolling in the flight portion of an 
additional aircraft category or additional aircraft class rating course.
    3. Aeronautical knowledge training. Each approved course for an 
additional aircraft category rating and additional aircraft class rating 
must include ground training time requirements and ground training on 
the aeronautical knowledge areas that are specific to that aircraft 
category and class rating and piolt certificate level for which the 
course applies as required in appendix A, B, D, or E of this part, as 
appropriate.
    4. Flight training. (a) Each approved course for an additional 
aircraft category rating or additional aircraft class rating must 
include the flight training time requirements and flight training on the 
areas of operation that are specific to that aircraft category and class 
rating and pilot certificate level for which the course applies as 
required in appendix A, B, D, or E of this part, as appropriate.
    (b) For the use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and 
the training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part may be credited for a maximum of 30 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part may be credited for a maximum of 20 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in the flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 30 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of

[[Page 37]]

Sec. 141.41(b) cannot exceed the limitation provided for in paragraph 
(c)(3) of this section.
    5. Stage checks and end-of-course tests. (a) Each student enrolled 
in an additional aircraft category rating course or an additional 
aircraft class rating course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation in 
section No. 4 of this appendix that are appropriate to the aircraft 
category and class rating for which the course applies at the 
appropriate pilot certificate level.
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997]

 Appendix J to Part 141--Aircraft Type Rating Course, For Other Than an 
                   Airline Transport Pilot Certificate

    1. Applicability. This appendix prescribes the minimum curriculum 
for an aircraft type rating course other than an airline transport pilot 
certificate, for:
    (a) A type rating in an airplane category--single-engine class.
    (b) A type rating in an airplane category--multiengine class.
    (c) A type rating in a rotorcraft category--helicopter class.
    (d) A type rating in a powered-lift category.
    (e) Other aircraft type ratings specified by the Administrator 
through the aircraft type certificate procedures.
    2. Eligibility for enrollment. Prior to enrolling in the flight 
portion of an aircraft type rating course, a person must hold at least a 
private pilot certificate and:
    (a) An instrument rating in the category and class of aircraft that 
is appropriate to the aircraft type rating for which the course applies, 
provided the aircraft's type certificate does not have a VFR limitation; 
or
    (b) Be concurrently enrolled in an instrument rating course in the 
category and class of aircraft that is appropriate to the aircraft type 
rating for which the course applies, and pass the required instrument 
rating practical test concurrently with the aircraft type rating 
practical test.
    3. Aeronautical knowledge training. (a) Each approved course must 
include at least 10 hours of ground training on the aeronautical 
knowledge areas listed in paragraph (b) of this section, appropriate to 
the aircraft type rating for which the course applies.
    (b) Ground training must include the following aeronautical areas:
    (1) Proper control of airspeed, configuration, direction, altitude, 
and attitude in accordance with procedures and limitations contained in 
the aircraft's flight manual, checklists, or other approved material 
appropriate to the aircraft type;
    (2) Compliance with approved en route, instrument approach, missed 
approach, ATC, or other applicable procedures that apply to the aircraft 
type;
    (3) Subjects requiring a practical knowledge of the aircraft type 
and its powerplant, systems, components, operational, and performance 
factors;
    (4) The aircraft's normal, abnormal, and emergency procedures, and 
the operations and limitations relating thereto;
    (5) Appropriate provisions of the approved aircraft's flight manual;
    (6) Location of and purpose for inspecting each item on the 
aircraft's checklist that relates to the exterior and interior 
preflight; and
    (7) Use of the aircraft's prestart checklist, appropriate control 
system checks, starting procedures, radio and electronic equipment 
checks, and the selection of proper navigation and communication radio 
facilities and frequencies.
    4. Flight training. (a) Each approved course must include at least:
    (1) Flight training on the approved areas of operation of paragraph 
(c) of this section in the aircraft type for which the course applies; 
and
    (2) 10 hours of training of which at least 5 hours must be 
instrument training in the aircraft for which the course applies.
    (b) For the use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets requirements of this paragraph, and the 
training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part, may be credited for a maximum of 50 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part, may be credited for a maximum of 25 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in the flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 50 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit training in a flight 
training device that meets the requirements of

[[Page 38]]

Sec. 141.41(b) cannot exceed the limitation provided for in paragraph 
(b)(3) of this section.
    (c) Each approved course must include the flight training on the 
areas of operation listed in this paragraph, that are appropriate to the 
aircraft category and class rating for which the course applies:
    (1) A type rating for an airplane--single-engine course: (i) 
Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (2) A type rating for an airplane--multiengine course: (i) Preflight 
preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (3) A type rating for a powered-lift course: (i) Preflight 
preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (4) A type rating for a rotorcraft--helicopter course: (i) Preflight 
preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (5) Other aircraft type ratings specified by the Administrator 
through aircraft type certificate procedures: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    5. Stage checks and end-of-course tests. (a) Each student enrolled 
in an aircraft type rating course must satisfactorily accomplish the 
stage checks and end-of-course tests, in accordance with the school's 
approved training course, consisting of the approved areas of operation 
that are appropriate to the aircraft type rating for which the course 
applies at the airline transport pilot certificate level; and
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40910, 
July 30, 1997]

           Appendix K to Part 141--Special Preparation Courses

    1. Applicability. This appendix prescribes the minimum curriculum 
for the special preparation courses that are listed in Sec. 141.11 of 
this part.
    2. Eligibility for enrollment. Prior to enrolling in the flight 
portion of a special preparation course, a person must hold a pilot 
certificate, flight instructor certificate, or ground instructor 
certificate that is appropriate for the exercise of the operating 
privileges or authorizations sought.
    3. General requirements. (a) To be approved, a special preparation 
course must:
    (1) Meet the appropriate requirements of this appendix; and
    (2) Prepare the graduate with the necessary skills, competency, and 
proficiency to exercise safely the privileges of the certificate, 
rating, or authorization for which the course is established.
    (b) An approved special preparation course must include ground and 
flight training on the operating privileges or authorization sought, for 
developing competency, proficiency, resourcefulness, self-confidence, 
and self-reliance in the student.
    4. Use of flight simulators or flight training devices. (a) The 
approved special preparation course may include training in a flight 
simulator or flight training device, provided it is representative of 
the aircraft for which the course is approved, meets requirements of 
this paragraph, and the training is given by an authorized instructor.
    (b) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part, may be credited for a maximum of 10 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (c) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part, may be credited for a maximum of 5 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (d) Training in the flight simulators or flight training devices 
described in paragraphs (b) and (c) of this section, if used in 
combination, may be credited for a maximum of 10 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less.

[[Page 39]]

However, credit for training in a flight training device that meets the 
requirements of Sec. 141.41(b) cannot exceed the limitation provided for 
in paragraph (c) of this section.
    5. Stage check and end-of-course tests. Each person enrolled in a 
special preparation course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation that are 
appropriate to the operating privileges or authorization sought, and for 
which the course applies.
    6. Agricultural aircraft operations course. An approved special 
preparation course for pilots in agricultural aircraft operations must 
include at least the following--
    (a) 25 hours of training on:
    (1) Agricultural aircraft operations;
    (2) Safe piloting and operating practices and procedures for 
handling, dispensing, and disposing agricultural and industrial 
chemicals, including operating in and around congested areas; and
    (3) Applicable provisions of part 137 of this chapter.
    (b) 15 hours of flight training on agricultural aircraft operations.
    7. Rotorcraft external-load operations course. An approved special 
preparation course for pilots of external-load operations must include 
at least the following--
    (a) 10 hours of training on:
    (1) Rotorcraft external-load operations;
    (2) Safe piloting and operating practices and procedures for 
external-load operations, including operating in and around congested 
areas; and
    (3) Applicable provisions of part 133 of this chapter.
    (b) 15 hours of flight training on external-load operations.
    8. Test pilot course. An approved special preparation course for 
pilots in test pilot duties must include at least the following--
    (a) Aeronautical knowledge training on:
    (1) Performing aircraft maintenance, quality assurance, and 
certification test flight operations;
    (2) Safe piloting and operating practices and procedures for 
performing aircraft maintenance, quality assurance, and certification 
test flight operations;
    (3) Applicable parts of this chapter that pertain to aircraft 
maintenance, quality assurance, and certification tests; and
    (4) Test pilot duties and responsibilities.
    (b) 15 hours of flight training on test pilot duties and 
responsibilities.
    9. Special operations course. An approved special preparation course 
for pilots in special operations that are mission-specific for certain 
aircraft must include at least the following--
    (a) Aeronautical knowledge training on:
    (1) Performing that special flight operation;
    (2) Safe piloting operating practices and procedures for performing 
that special flight operation;
    (3) Applicable parts of this chapter that pertain to that special 
flight operation; and
    (4) Pilot in command duties and responsibilities for performing that 
special flight operation.
    (b) Flight training:
    (1) On that special flight operation; and
    (2) To develop skills, competency, proficiency, resourcefulness, 
self-confidence, and self-reliance in the student for performing that 
special flight operation in a safe manner.
    10. Pilot refresher course. An approved special preparation pilot 
refresher course for a pilot certificate, aircraft category and class 
rating, or an instrument rating must include at least the following--
    (a) 4 hours of aeronautical knowledge training on:
    (1) The aeronautical knowledge areas that are applicable to the 
level of pilot certificate, aircraft category and class rating, or 
instrument rating, as appropriate, that pertain to that course;
    (2) Safe piloting operating practices and procedures; and
    (3) Applicable provisions of parts 61 and 91 of this chapter for 
pilots.
    (b) 6 hours of flight training on the approved areas of operation 
that are applicable to the level of pilot certificate, aircraft category 
and class rating, or instrument rating, as appropriate, for performing 
pilot-in-command duties and responsibilities.
    11. Flight instructor refresher course. An approved special 
preparation flight instructor refresher course must include at least a 
combined total of 16 hours of aeronautical knowledge training, flight 
training, or any combination of ground and flight training on the 
following--
    (a) Aeronautical knowledge training on:
    (1) The aeronautical knowledge areas of part 61 of this chapter that 
apply to student, recreational, private, and commercial pilot 
certificates and instrument ratings;
    (2) The aeronautical knowledge areas of part 61 of this chapter that 
apply to flight instructor certificates;
    (3) Safe piloting operating practices and procedures, including 
airport operations and operating in the National Airspace System; and
    (4) Applicable provisions of parts 61 and 91 of this chapter that 
apply to pilots and flight instructors.
    (b) Flight training to review:
    (1) The approved areas of operations applicable to student, 
recreational, private, and commercial pilot certificates and instrument 
ratings; and
    (2) The skills, competency, and proficiency for performing flight 
instructor duties and responsibilities.

[[Page 40]]

    12. Ground instructor refresher course. An approved special 
preparation ground instructor refresher course must include at least 16 
hours of aeronautical knowledge training on:
    (a) The aeronautical knowledge areas of part 61 of this chapter that 
apply to student, recreational, private, and commercial pilots and 
instrument rated pilots;
    (b) The aeronautical knowledge areas of part 61 of this chapter that 
apply to ground instructors;
    (c) Safe piloting operating practices and procedures, including 
airport operations and operating in the National Airspace System; and
    (d) Applicable provisions of parts 61 and 91 of this chapter that 
apply to pilots and ground instructors.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40910, 
July 30, 1997]

           Appendix L to Part 141--Pilot Ground School Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a pilot ground school course required under this part.
    2. General requirements. An approved course of training for a pilot 
ground school must include training on the aeronautical knowledge areas 
that are:
    (a) Needed to safely exercise the privileges of the certificate, 
rating, or authority for which the course is established; and
    (b) Conducted to develop competency, proficiency, resourcefulness, 
self-confidence, and self-reliance in each student.
    3. Aeronautical knowledge training requirements. Each approved pilot 
ground school course must include:
    (a) The aeronautical knowledge training that is appropriate to the 
aircraft rating and pilot certificate level for which the course 
applies; and
    (b) An adequate number of total aeronautical knowledge training 
hours appropriate to the aircraft rating and pilot certificate level for 
which the course applies.
    4. Stage checks and end-of-course tests. Each person enrolled in a 
pilot ground school course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation that are 
appropriate to the operating privileges or authorization that graduation 
from the course will permit and for which the course applies.



PART 142--TRAINING CENTERS--Table of Contents




Special Federal Aviation Regulations SFAR 93 [Note]

                           Subpart A--General

Sec.
142.1  Applicability.
142.3  Definitions.
142.5  Certificate and training specifications required.
142.7  Duration of a certificate.
142.9  Deviations or waivers.
142.11  Application for issuance or amendment.
142.13  Management and personnel requirements.
142.15  Facilities.
142.17  Satellite training centers.
142.21-142.25  [Reserved]
142.27  Display of certificate.
142.29  Inspections.
142.31  Advertising limitations.
142.33  Training agreements.

         Subpart B--Aircrew Curriculum and Syllabus Requirements

142.35  Applicability.
142.37  Approval of flight aircrew training program.
142.39  Training program curriculum requirements.

     Subpart C--Personnel and Flight Training Equipment Requirements

142.45  Applicability.
142.47  Training center instructor eligibility requirements.
142.49  Training center instructor and evaluator privileges and 
          limitations.
142.51  [Reserved]
142.53  Training center instructor training and testing requirements.
142.55  Training center evaluator requirements.
142.57  Aircraft requirements.
142.59  Flight simulators and flight training devices.

                       Subpart D--Operating Rules

142.61  Applicability.
142.63  Privileges.
142.65  Limitations.

                        Subpart E--Recordkeeping

142.71  Applicability.
142.73  Recordkeeping requirements.

                    Subpart F--Other Approved Courses

142.81  Conduct of other approved courses.

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703, 
44705, 44707, 44709-44711, 45102-45103, 45301-45302.

    Source: Docket No. 26933, 61 FR 34562, July 2, 1996, unless 
otherwise noted.

[[Page 41]]

               Special Federal Aviation Regulation No. 93

    Editorial Note: For the text of SFAR No. 93, see part 61 of this 
chapter.



                           Subpart A-- General



Sec. 142.1  Applicability.

    (a) This subpart prescribes the requirements governing the 
certification and operation of aviation training centers. Except as 
provided in paragraph (b) of this section, this part provides an 
alternative means to accomplish training required by parts 61, 63, 121, 
125, 135, or 137 of this chapter.
    (b) Certification under this part is not required for training that 
is--
    (1) Approved under the provisions of parts 63, 121, 125, 135, and 
137;
    (2) Approved under SFAR 58, Advanced Qualification Programs, for the 
authorization holder's own employees;
    (3) Conducted under part 61 unless that part requires certification 
under this part;
    (4) Conducted by a part 121 certificate holder for another part 121 
certificate holder; or
    (5) Conducted by a part 135 certificate holder for another part 135 
certificate holder.
    (c) Except as provided in paragraph (b) of this section, after 
August 3, 1998, no person may conduct training, testing, or checking in 
advanced flight training devices or flight simulators without, or in 
violation of, the certificate and training specifications required by 
this part.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-4, 
66 FR 21067, Apr. 27, 2001]



Sec. 142.3  Definitions.

    As used in this part:
    Advanced Flight Training Device as used in this part, means a flight 
training device as defined in part 61 of this chapter that has a cockpit 
that accurately replicates a specific make, model, and type aircraft 
cockpit, and handling characteristics that accurately model the aircraft 
handling characteristics.
    Core Curriculum means a set of courses approved by the 
Administrator, for use by a training center and its satellite training 
centers. The core curriculum consists of training which is required for 
certification. It does not include training for tasks and circumstances 
unique to a particular user.
    Course means--
    (1) A program of instruction to obtain pilot certification, 
qualification, authorization, or currency;
    (2) A program of instruction to meet a specified number of 
requirements of a program for pilot training, certification, 
qualification, authorization, or currency; or
    (3) A curriculum, or curriculum segment, as defined in SFAR 58 of 
part 121 of this chapter.
    Courseware means instructional material developed for each course or 
curriculum, including lesson plans, flight event descriptions, computer 
software programs, audiovisual programs, workbooks, and handouts.
    Evaluator means a person employed by a training center certificate 
holder who performs tests for certification, added ratings, 
authorizations, and proficiency checks that are authorized by the 
certificate holder's training specification, and who is authorized by 
the Administrator to administer such checks and tests.
    Flight training equipment means flight simulators, as defined in 
Sec. 61.1(b)(5) of this chapter, flight training devices, as defined in 
Sec. 61.1(b)(7) of this chapter, and aircraft.
    Instructor means a person employed by a training center and 
designated to provide instruction in accordance with subpart C of this 
part.
    Line-Operational Simulation means simulation conducted using 
operational-oriented flight scenarios that accurately replicate 
interaction among flightcrew members and between flightcrew members and 
dispatch facilities, other crewmembers, air traffic control, and ground 
operations. Line operational simulation simulations are conducted for 
training and evaluation purposes and include random, abnormal, and 
emergency occurrences. Line operational simulation specifically includes 
line-oriented flight training, special purpose operational training, and 
line operational evaluation.

[[Page 42]]

    Specialty Curriculum means a set of courses that is designed to 
satisfy a requirement of the Federal Aviation Regulations and that is 
approved by the Administrator for use by a particular training center or 
satellite training center. The specialty curriculum includes training 
requirements unique to one or more training center clients.
    Training center means an organization governed by the applicable 
requirements of this part that provides training, testing, and checking 
under contract or other arrangement to airmen subject to the 
requirements of this chapter.
    Training program consists of courses, courseware, facilities, flight 
training equipment, and personnel necessary to accomplish a specific 
training objective. It may include a core curriculum and a specialty 
curriculum.
    Training specifications means a document issued to a training center 
certificate holder by the Administrator that prescribes that center's 
training, checking, and testing authorizations and limitations, and 
specifies training program requirements.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-2, 
62 FR 68137, Dec. 30, 1997]



Sec. 142.5  Certificate and training specifications required.

    (a) No person may operate a certificated training center without, or 
in violation of, a training center certificate and training 
specifications issued under this part.
    (b) An applicant will be issued a training center certificate and 
training specifications with appropriate limitations if the applicant 
shows that it has adequate facilities, equipment, personnel, and 
courseware required by Sec. 142.11 to conduct training approved under 
Sec. 142.37.



Sec. 142.7  Duration of a certificate.

    (a) Except as provided in paragraph (b) of this section, a training 
center certificate issued under this part is effective until the 
certificate is surrendered or until the Administrator suspends, revokes, 
or terminates it.
    (b) Unless sooner surrendered, suspended, or revoked, a certificate 
issued under this part for a training center located outside the United 
States expires at the end of the twelfth month after the month in which 
it is issued or renewed.
    (c) If the Administrator suspends, revokes, or terminates a training 
center certificate, the holder of that certificate shall return the 
certificate to the Administrator within 5 working days after being 
notified that the certificate is suspended, revoked, or terminated.



Sec. 142.9  Deviations or waivers.

    (a) The Administrator may issue deviations or waivers from any of 
the requirements of this part.
    (b) A training center applicant requesting a deviation or waiver 
under this section must provide the Administrator with information 
acceptable to the Administrator that shows--
    (1) Justification for the deviation or waiver; and
    (2) That the deviation or waiver will not adversely affect the 
quality of instruction or evaluation.



Sec. 142.11  Application for issuance or amendment.

    (a) An application for a training center certificate and training 
specifications shall--
    (1) Be made on a form and in a manner prescribed by the 
Administrator;
    (2) Be filed with the FAA Flight Standards District Office that has 
jurisdiction over the area in which the applicant's principal business 
office is located; and
    (3) Be made at least 120 calendar days before the beginning of any 
proposed training or 60 calendar days before effecting an amendment to 
any approved training, unless a shorter filing period is approved by the 
Administrator.
    (b) Each application for a training center certificate and training 
specification shall provide--
    (1) A statement showing that the minimum qualification requirements 
for each management position are met or exceeded;
    (2) A statement acknowledging that the applicant shall notify the 
Administrator within 10 working days of any change made in the 
assignment of persons in the required management positions;

[[Page 43]]

    (3) The proposed training authorizations and training specifications 
requested by the applicant;
    (4) The proposed evaluation authorization;
    (5) A description of the flight training equipment that the 
applicant proposes to use;
    (6) A description of the applicant's training facilities, equipment, 
qualifications of personnel to be used, and proposed evaluation plans;
    (7) A training program curriculum, including syllabi, outlines, 
courseware, procedures, and documentation to support the items required 
in subpart B of this part, upon request by the Administrator;
    (8) A description of a recordkeeping system that will identify and 
document the details of training, qualification, and certification of 
students, instructors, and evaluators;
    (9) A description of quality control measures proposed; and
    (10) A method of demonstrating the applicant's qualification and 
ability to provide training for a certificate or rating in fewer than 
the minimum hours prescribed in part 61 of this chapter if the applicant 
proposes to do so.
    (c) The facilities and equipment described in paragraph (b)(6) of 
this section shall--
    (1) Be available for inspection and evaluation prior to approval; 
and
    (2) Be in place and operational at the location of the proposed 
training center prior to issuance of a certificate under this part.
    (d) An applicant who meets the requirements of this part and is 
approved by the Administrator is entitled to--
    (1) A training center certificate containing all business names 
included on the application under which the certificate holder may 
conduct operations and the address of each business office used by the 
certificate holder; and
    (2) Training specifications, issued by the Administrator to the 
certificate holder, containing--
    (i) The type of training authorized, including approved courses;
    (ii) The category, class, and type of aircraft that may be used for 
training, testing, and checking;
    (iii) For each flight simulator or flight training device, the make, 
model, and series of airplane or the set of airplanes being simulated 
and the qualification level assigned, or the make, model, and series of 
rotorcraft, or set of rotorcraft being simulated and the qualification 
level assigned;
    (iv) For each flight simulator and flight training device subject to 
qualification evaluation by the Administrator, the identification number 
assigned by the FAA;
    (v) The name and address of all satellite training centers, and the 
approved courses offered at each satellite training center;
    (vi) Authorized deviations or waivers from this part; and
    (vii) Any other items the Administrator may require or allow.
    (e) The Administrator may deny, suspend, revoke, or terminate a 
certificate under this part if the Administrator finds that the 
applicant or the certificate holder--
    (1) Held a training center certificate that was revoked, suspended, 
or terminated within the previous 5 years; or
    (2) Employs or proposes to employ a person who--
    (i) Was previously employed in a management or supervisory position 
by the holder of a training center certificate that was revoked, 
suspended, or terminated within the previous 5 years;
    (ii) Exercised control over any certificate holder whose certificate 
has been revoked, suspended, or terminated within the last 5 years; and
    (iii) Contributed materially to the revocation, suspension, or 
termination of that certificate and who will be employed in a management 
or supervisory position, or who will be in control of or have a 
substantial ownership interest in the training center.
    (3) Has provided incomplete, inaccurate, fraudulent, or false 
information for a training center certificate;
    (4) Should not be granted a certificate if the grant would not 
foster aviation safety.
    (f) At any time, the Administrator may amend a training center 
certificate--
    (1) On the Administrator's own initiative, under section 609 of the 
Federal Aviation Act of 1958 (49 U.S.C. 1429), as amended, and part 13 
of this chapter; or

[[Page 44]]

    (2) Upon timely application by the certificate holder.
    (g) The certificate holder must file an application to amend a 
training center certificate at least 60 calendar days prior to the 
applicant's proposed effective amendment date unless a different filing 
period is approved by the Administrator.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-1, 
62 FR 13791, Mar. 21, 1997]



Sec. 142.13  Management and personnel requirements.

    An applicant for a training center certificate must show that--
    (a) For each proposed curriculum, the training center has, and shall 
maintain, a sufficient number of instructors who are qualified in 
accordance with subpart C of this part to perform the duties to which 
they are assigned;
    (b) The training center has designated, and shall maintain, a 
sufficient number of approved evaluators to provide required checks and 
tests to graduation candidates within 7 calendar days of training 
completion for any curriculum leading to airman certificates or ratings, 
or both;
    (c) The training center has, and shall maintain, a sufficient number 
of management personnel who are qualified and competent to perform 
required duties; and
    (d) A management representative, and all personnel who are 
designated by the training center to conduct direct student training, 
are able to understand, read, write, and fluently speak the English 
language.



Sec. 142.15  Facilities.

    (a) An applicant for, or holder of, a training center certificate 
shall ensure that--
    (1) Each room, training booth, or other space used for instructional 
purposes is heated, lighted, and ventilated to conform to local 
building, sanitation, and health codes; and
    (2) The facilities used for instruction are not routinely subject to 
significant distractions caused by flight operations and maintenance 
operations at the airport.
    (b) An applicant for, or holder of, a training center certificate 
shall establish and maintain a principal business office that is 
physically located at the address shown on its training center 
certificate.
    (c) The records required to be maintained by this part must be 
located in facilities adequate for that purpose.
    (d) An applicant for, or holder of, a training center certificate 
must have available exclusively, for adequate periods of time and at a 
location approved by the Administrator, adequate flight training 
equipment and courseware, including at least one flight simulator or 
advanced flight training device.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-3, 
63 FR 53537, Oct. 5, 1998]



Sec. 142.17  Satellite training centers.

    (a) The holder of a training center certificate may conduct training 
in accordance with an approved training program at a satellite training 
center if--
    (1) The facilities, equipment, personnel, and course content of the 
satellite training center meet the applicable requirements of this part;
    (2) The instructors and evaluators at the satellite training center 
are under the direct supervision of management personnel of the 
principal training center;
    (3) The Administrator is notified in writing that a particular 
satellite is to begin operations at least 60 days prior to proposed 
commencement of operations at the satellite training center; and
    (4) The certificate holder's training specifications reflect the 
name and address of the satellite training center and the approved 
courses offered at the satellite training center.
    (b) The certificate holder's training specifications shall prescribe 
the operations required and authorized at each satellite training 
center.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-3, 
63 FR 53537, Oct. 5, 1998]



Secs. 142.21-142.25  [Reserved]



Sec. 142.27  Display of certificate.

    (a) Each holder of a training center certificate must prominently 
display

[[Page 45]]

that certificate in a place accessible to the public in the principal 
business office of the training center.
    (b) A training center certificate and training specifications must 
be made available for inspection upon request by--
    (1) The Administrator;
    (2) An authorized representative of the National Transportation 
Safety Board; or
    (3) Any Federal, State, or local law enforcement agency.



Sec. 142.29  Inspections.

    Each certificate holder must allow the Administrator to inspect 
training center facilities, equipment, and records at any reasonable 
time and in any reasonable place in order to determine compliance with 
or to determine initial or continuing eligibility under 49 U.S.C. 44701, 
44707, formerly the Federal Aviation Act of 1958, as amended, and the 
training center's certificate and training specifications.



Sec. 142.31  Advertising limitations.

    (a) A certificate holder may not conduct, and may not advertise to 
conduct, any training, testing, and checking that is not approved by the 
Administrator if that training is designed to satisfy any requirement of 
this chapter.
    (b) A certificate holder whose certificate has been surrendered, 
suspended, revoked, or terminated must--
    (1) Promptly remove all indications, including signs, wherever 
located, that the training center was certificated by the Administrator; 
and
    (2) Promptly notify all advertising agents, or advertising media, or 
both, employed by the certificate holder to cease all advertising 
indicating that the training center is certificated by the 
Administrator.



Sec. 142.33  Training agreements.

    A pilot school certificated under part 141 of this chapter may 
provide training, testing, and checking for a training center 
certificated under this part if--
    (a) There is a training, testing, and checking agreement between the 
certificated training center and the pilot school;
    (b) The training, testing, and checking provided by the certificated 
pilot school is approved and conducted in accordance with this part;
    (c) The pilot school certificated under part 141 obtains the 
Administrator's approval for a training course outline that includes the 
portion of the training, testing, and checking to be conducted under 
part 141; and
    (d) Upon completion of training, testing, and checking conducted 
under part 141, a copy of each student's training record is forwarded to 
the part 142 training center and becomes part of the student's permanent 
training record.



         Subpart B--Aircrew Curriculum and Syllabus Requirements



Sec. 142.35  Applicability.

    This subpart prescribes the curriculum and syllabus requirements for 
the issuance of a training center certificate and training 
specifications for training, testing, and checking conducted to meet the 
requirements of part 61 of this chapter.



Sec. 142.37  Approval of flight aircrew training program.

    (a) Except as provided in paragraph (b) of this section, each 
applicant for, or holder of, a training center certificate must apply to 
the Administrator for training program approval.
    (b) A curriculum approved under SFAR 58 of part 121 of this chapter 
is approved under this part without modifications.
    (c) Application for training program approval shall be made in a 
form and in a manner acceptable to the Administrator.
    (d) Each application for training program approval must indicate--
    (1) Which courses are part of the core curriculum and which courses 
are part of the specialty curriculum;
    (2) Which requirements of part 61 of this chapter would be satisfied 
by the curriculum or curriculums; and
    (3) Which requirements of part 61 of this chapter would not be 
satisfied by the curriculum or curriculums.
    (e) If, after a certificate holder begins operations under an 
approved training program, the Administrator finds that the certificate 
holder is not meeting

[[Page 46]]

the provisions of its approved training program, the Administrator may 
require the certificate holder to make revisions to that training 
program.
    (f) If the Administrator requires a certificate holder to make 
revisions to an approved training program and the certificate holder 
does not make those required revisions, within 30 calendar days, the 
Administrator may suspend, revoke, or terminate the training center 
certificate under the provisions of Sec. 142.11(e).



Sec. 142.39  Training program curriculum requirements.

    Each training program curriculum submitted to the Administrator for 
approval must meet the applicable requirements of this part and must 
contain--
    (a) A syllabus for each proposed curriculum;
    (b) Minimum aircraft and flight training equipment requirements for 
each proposed curriculum;
    (c) Minimum instructor and evaluator qualifications for each 
proposed curriculum;
    (d) A curriculum for initial training and continuing training of 
each instructor or evaluator employed to instruct in a proposed 
curriculum; and
    (e) For each curriculum that provides for the issuance of a 
certificate or rating in fewer than the minimum hours prescribed by part 
61 of this chapter--
    (1) A means of demonstrating the ability to accomplish such training 
in the reduced number of hours; and
    (2) A means of tracking student performance.



     Subpart C--Personnel and Flight Training Equipment Requirements



Sec. 142.45  Applicability.

    This subpart prescribes the personnel and flight training equipment 
requirements for a certificate holder that is training to meet the 
requirements of part 61 of this chapter.



Sec. 142.47  Training center instructor eligibility requirements.

    (a) A certificate holder may not employ a person as an instructor in 
a flight training course that is subject to approval by the 
Administrator unless that person--
    (1) Is at least 18 years of age;
    (2) Is able to read, write, and speak and understand in the English 
language;
    (3) If instructing in an aircraft in flight, is qualified in 
accordance with subpart H of this chapter;
    (4) Satisfies the requirements of paragraph (c) of this section; and
    (5) Meets at least one of the following requirements--
    (i) Except as allowed by paragraph (a)(5)(ii) of this section, meets 
the aeronautical experience requirements of Sec. 61.129 (a), (b), (c), 
or (e) of this chapter, as applicable, excluding the required hours of 
instruction in preparation for the commercial pilot practical test;
    (ii) If instructing in flight simulator or flight training device 
that represents an airplane requiring a type rating or if instructing in 
a curriculum leading to the issuance of an airline transport pilot 
certificate or an added rating to an airline transport pilot 
certificate, meets the aeronautical experience requirements of 
Sec. 61.159, Sec. 61.161, or Sec. 61.163 of this chapter, as applicable; 
or
    (iii) Is employed as a flight simulator instructor or a flight 
training device instructor for a training center providing instruction 
and testing to meet the requirements of part 61 of this chapter on 
August 1, 1996.
    (b) A training center must designate each instructor in writing to 
instruct in each approved course, prior to that person functioning as an 
instructor in that course.
    (c) Prior to initial designation, each instructor shall:
    (1) Complete at least 8 hours of ground training on the following 
subject matter:
    (i) Instruction methods and techniques.
    (ii) Training policies and procedures.
    (iii) The fundamental principles of the learning process.
    (iv) Instructor duties, privileges, responsibilities, and 
limitations.
    (v) Proper operation of simulation controls and systems.
    (vi) Proper operation of environmental control and warning or 
caution panels.

[[Page 47]]

    (vii) Limitations of simulation.
    (viii) Minimum equipment requirements for each curriculum.
    (ix) Revisions to the training courses.
    (x) Cockpit resource management and crew coordination.
    (2) Satisfactorily complete a written test--
    (i) On the subjects specified in paragraph (c)(1) of this section; 
and
    (ii) That is accepted by the Administrator as being of equivalent 
difficulty, complexity, and scope as the tests provided by the 
Administrator for the flight instructor airplane and instrument flight 
instructor knowledge tests.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-2, 
62 FR 68137, Dec. 30, 1997]



Sec. 142.49  Training center instructor and evaluator privileges and limitations.

    (a) A certificate holder may allow an instructor to provide:
    (1) Instruction for each curriculum for which that instructor is 
qualified.
    (2) Testing and checking for which that instructor is qualified.
    (3) Instruction, testing, and checking intended to satisfy the 
requirements of any part of this chapter.
    (b) A training center whose instructor or evaluator is designated in 
accordance with the requirements of this subpart to conduct training, 
testing, or checking in qualified and approved flight training 
equipment, may allow its instructor or evaluator to give endorsements 
required by part 61 of this chapter if that instructor or evaluator is 
authorized by the Administrator to instruct or evaluate in a part 142 
curriculum that requires such endorsements.
    (c) A training center may not allow an instructor to--
    (1) Excluding briefings and debriefings, conduct more than 8 hours 
of instruction in any 24-consecutive-hour period;
    (2) Provide flight training equipment instruction unless that 
instructor meets the requirements of Sec. 142.53 (a)(1) through (a)(4), 
and Sec. 142.53(b), as applicable; or
    (3) Provide flight instruction in an aircraft unless that 
instructor--
    (i) Meets the requirements of Sec. 142.53(a)(1), (a)(2), and (a)(5);
    (ii) Is qualified and authorized in accordance with subpart H of 
part 61 of this chapter;
    (iii) Holds certificates and ratings specified by part 61 of this 
chapter appropriate to the category, class, and type aircraft in which 
instructing;
    (iv) If instructing or evaluating in an aircraft in flight while 
occupying a required crewmember seat, holds at least a valid second 
class medical certificate; and
    (v) Meets the recency of experience requirements of part 61 of this 
chapter.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-2, 
62 FR 68137, Dec. 30, 1997]



Sec. 142.51  [Reserved]



Sec. 142.53  Training center instructor training and testing requirements.

    (a) Except as provided in paragraph (c) of this section, prior to 
designation and every 12 calendar months beginning the first day of the 
month following an instructor's initial designation, a certificate 
holder must ensure that each of its instructors meets the following 
requirements:
    (1) Each instructor must satisfactorily demonstrate to an authorized 
evaluator knowledge of, and proficiency in, instructing in a 
representative segment of each curriculum for which that instructor is 
designated to instruct under this part.
    (2) Each instructor must satisfactorily complete an approved course 
of ground instruction in at least--
    (i) The fundamental principles of the learning process;
    (ii) Elements of effective teaching, instruction methods, and 
techniques;
    (iii) Instructor duties, privileges, responsibilities, and 
limitations;
    (iv) Training policies and procedures;
    (v) Cockpit resource management and crew coordination; and
    (vi) Evaluation.
    (3) Each instructor who instructs in a qualified and approved flight 
simulator or flight training device must satisfactorily complete an 
approved course of training in the operation of the flight simulator, 
and an approved course of ground instruction, applicable to the

[[Page 48]]

training courses the instructor is designated to instruct.
    (4) The flight simulator training course required by paragraph 
(a)(3) of this section which must include--
    (i) Proper operation of flight simulator and flight training device 
controls and systems;
    (ii) Proper operation of environmental and fault panels;
    (iii) Limitations of simulation; and
    (iv) Minimum equipment requirements for each curriculum.
    (5) Each flight instructor who provides training in an aircraft must 
satisfactorily complete an approved course of ground instruction and 
flight training in an aircraft, flight simulator, or flight training 
device.
    (6) The approved course of ground instruction and flight training 
required by paragraph (a)(5) of this section which must include 
instruction in--
    (i) Performance and analysis of flight training procedures and 
maneuvers applicable to the training courses that the instructor is 
designated to instruct;
    (ii) Technical subjects covering aircraft subsystems and operating 
rules applicable to the training courses that the instructor is 
designated to instruct;
    (iii) Emergency operations;
    (iv) Emergency situations likely to develop during training; and
    (v) Appropriate safety measures.
    (7) Each instructor who instructs in qualified and approved flight 
training equipment must pass a written test and annual proficiency 
check--
    (i) In the flight training equipment in which the instructor will be 
instructing; and
    (ii) On the subject matter and maneuvers of a representative segment 
of each curriculum for which the instructor will be instructing.
    (b) In addition to the requirements of paragraphs (a)(1) through 
(a)(7) of this section, each certificate holder must ensure that each 
instructor who instructs in a flight simulator that the Administrator 
has approved for all training and all testing for the airline transport 
pilot certification test, aircraft type rating test, or both, has met at 
least one of the following three requirements:
    (1) Each instructor must have performed 2 hours in flight, including 
three takeoffs and three landings as the sole manipulator of the 
controls of an aircraft of the same category and class, and, if a type 
rating is required, of the same type replicated by the approved flight 
simulator in which that instructor is designated to instruct;
    (2) Each instructor must have participated in an approved line-
observation program under part 121 or part 135 of this chapter, and 
that--
    (i) Was accomplished in the same airplane type as the airplane 
represented by the flight simulator in which that instructor is 
designated to instruct; and
    (ii) Included line-oriented flight training of at least 1 hour of 
flight during which the instructor was the sole manipulator of the 
controls in a flight simulator that replicated the same type aircraft 
for which that instructor is designated to instruct; or
    (3) Each instructor must have participated in an approved in-flight 
observation training course that--
    (i) Consisted of at least 2 hours of flight time in an airplane of 
the same type as the airplane replicated by the flight simulator in 
which the instructor is designated to instruct; and
    (ii) Included line-oriented flight training of at least 1 hour of 
flight during which the instructor was the sole manipulator of the 
controls in a flight simulator that replicated the same type aircraft 
for which that instructor is designated to instruct.
    (c) An instructor who satisfactorily completes a curriculum required 
by paragraph (a) or (b) of this section in the calendar month before or 
after the month in which it is due is considered to have taken it in the 
month in which it was due for the purpose of computing when the next 
training is due.
    (d) The Administrator may give credit for the requirements of 
paragraph (a) or (b) of this section to an instructor who has 
satisfactorily completed an instructor training course for a part 121

[[Page 49]]

or part 135 certificate holder if the Administrator finds such a course 
equivalent to the requirements of paragraph (a) or (b) of this section.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-1, 
62 FR 13791, Mar. 21, 1997]



Sec. 142.55  Training center evaluator requirements.

    (a) Except as provided by paragraph (d) of this section, a training 
center must ensure that each person authorized as an evaluator--
    (1) Is approved by the Administrator;
    (2) Is in compliance with Secs. 142.47, 142.49, and 142.53 and 
applicable sections of part 187 of this chapter; and
    (3) Prior to designation, and except as provided in paragraph (b) of 
this section, every 12-calendar-month period following initial 
designation, the certificate holder must ensure that the evaluator 
satisfactorily completes a curriculum that includes the following:
    (i) Evaluator duties, functions, and responsibilities;
    (ii) Methods, procedures, and techniques for conducting required 
tests and checks;
    (iii) Evaluation of pilot performance; and
    (iv) Management of unsatisfactory tests and subsequent corrective 
action; and
    (4) If evaluating in qualified and approved flight training 
equipment must satisfactorily pass a written test and annual proficiency 
check in a flight simulator or aircraft in which the evaluator will be 
evaluating.
    (b) An evaluator who satisfactorily completes a curriculum required 
by paragraph (a) of this section in the calendar month before or the 
calendar month after the month in which it is due is considered to have 
taken it in the month is which it was due for the purpose of computing 
when the next training is due.
    (c) The Administrator may give credit for the requirements of 
paragraph (a)(3) of this section to an evaluator who has satisfactorily 
completed an evaluator training course for a part 121 or part 135 
certificate holder if the Administrator finds such a course equivalent 
to the requirements of paragraph (a)(3) of this section.
    (d) An evaluator who is qualified under SFAR 58 shall be authorized 
to conduct evaluations under the Advanced Qualification Program without 
complying with the requirements of this section.



Sec. 142.57  Aircraft requirements.

    (a) An applicant for, or holder of, a training center certificate 
must ensure that each aircraft used for flight instruction and solo 
flights meets the following requirements:
    (1) Except for flight instruction and solo flights in a curriculum 
for agricultural aircraft operations, external load operations, and 
similar aerial work operations, the aircraft must have an FAA standard 
airworthiness certificate or a foreign equivalent of an FAA standard 
airworthiness certificate, acceptable to the Administrator.
    (2) The aircraft must be maintained and inspected in accordance 
with--
    (i) The requirements of part 91, subpart E, of this chapter; and
    (ii) An approved program for maintenance and inspection.
    (3) The aircraft must be equipped as provided in the training 
specifications for the approved course for which it is used.
    (b) Except as provided in paragraph (c) of this section, an 
applicant for, or holder of, a training center certificate must ensure 
that each aircraft used for flight instruction is at least a two-place 
aircraft with engine power controls and flight controls that are easily 
reached and that operate in a conventional manner from both pilot 
stations.
    (c) Airplanes with controls such as nose-wheel steering, switches, 
fuel selectors, and engine air flow controls that are not easily reached 
and operated in a conventional manner by both pilots may be used for 
flight instruction if the certificate holder determines that the flight 
instruction can be conducted in a safe manner considering the location 
of controls and their nonconventional operation, or both.



Sec. 142.59  Flight simulators and flight training devices.

    (a) An applicant for, or holder of, a training center certificate 
must show that each flight simulator and flight

[[Page 50]]

training device used for training, testing, and checking (except AQP) 
will be or is specifically qualified and approved by the Administrator 
for--
    (1) Each maneuver and procedure for the make, model, and series of 
aircraft, set of aircraft, or aircraft type simulated, as applicable; 
and
    (2) Each curriculum or training course in which the flight simulator 
or flight training device is used, if that curriculum or course is used 
to satisfy any requirement of 14 CFR chapter I.
    (b) The approval required by paragraph (a)(2) of this section must 
include--
    (1) The set of aircraft, or type aircraft;
    (2) If applicable, the particular variation within type, for which 
the training, testing, or checking is being conducted; and
    (3) The particular maneuver, procedure, or crewmember function to be 
performed.
    (c) Each qualified and approved flight simulator or flight training 
device used by a training center must--
    (1) Be maintained to ensure the reliability of the performances, 
functions, and all other characteristics that were required for 
qualification;
    (2) Be modified to conform with any modification to the aircraft 
being simulated if the modification results in changes to performance, 
function, or other characteristics required for qualification;
    (3) Be given a functional preflight check each day before being 
used; and
    (4) Have a discrepancy log in which the instructor or evaluator, at 
the end of each training session, enters each discrepancy.
    (d) Unless otherwise authorized by the Administrator, each component 
on a qualified and approved flight simulator or flight training device 
used by a training center must be operative if the component is 
essential to, or involved in, the training, testing, or checking of 
airmen.
    (e) Training centers shall not be restricted to specific--
    (1) Route segments during line-oriented flight training scenarios; 
and
    (2) Visual data bases replicating a specific customer's bases of 
operation.
    (f) Training centers may request evaluation, qualification, and 
continuing evaluation for qualification of flight simulators and flight 
training devices without--
    (1) Holding an air carrier certificate; or
    (2) Having a specific relationship to an air carrier certificate 
holder.



                       Subpart D--Operating Rules



Sec. 142.61  Applicability.

    This subpart prescribes the operating rules applicable to a training 
center certificated under this part and operating a course or training 
program curriculum approved in accordance with subpart B of this part.



Sec. 142.63  Privileges.

    A certificate holder may allow flight simulator instructors and 
evaluators to meet recency of experience requirements through the use of 
a qualified and approved flight simulator or qualified and approved 
flight training device if that flight simulator or flight training 
device is--
    (a) Used in a course approved in accordance with subpart B of this 
part; or
    (b) Approved under the Advanced Qualification Program for meeting 
recency of experience requirements.



Sec. 142.65  Limitations.

    (a) A certificate holder shall--
    (1) Ensure that a flight simulator or flight training device freeze, 
slow motion, or repositioning feature is not used during testing or 
checking; and
    (2) Ensure that a repositioning feature is used during line 
operational simulation for evaluation and line-oriented flight training 
only to advance along a flight route to the point where the descent and 
approach phase of the flight begins.
    (b) When flight testing, flight checking, or line operational 
simulation is being conducted, the certificate holder must ensure that 
one of the following occupies each crewmember position:
    (1) A crewmember qualified in the aircraft category, class, and 
type, if a type rating is required, provided that no flight instructor 
who is giving instruction may occupy a crewmember position.

[[Page 51]]

    (2) A student, provided that no student may be used in a crewmember 
position with any other student not in the same specific course.
    (c) The holder of a training center certificate may not recommend a 
trainee for a certificate or rating, unless the trainee--
    (1) Has satisfactorily completed the training specified in the 
course approved under Sec. 142.37; and
    (2) Has passed the final tests required by Sec. 142.37.
    (d) The holder of a training center certificate may not graduate a 
student from a course unless the student has satisfactorily completed 
the curriculum requirements of that course.



                        Subpart E--Recordkeeping



Sec. 142.71  Applicability.

    This subpart prescribes the training center recordkeeping 
requirements for trainees enrolled in a course, and instructors and 
evaluators designated to instruct a course, approved in accordance with 
subpart B of this part.



Sec. 142.73  Recordkeeping requirements.

    (a) A certificate holder must maintain a record for each trainee 
that contains--
    (1) The name of the trainee;
    (2) A copy of the trainee's pilot certificate, if any, and medical 
certificate;
    (3) The name of the course and the make and model of flight training 
equipment used;
    (4) The trainee's prerequisite experience and course time completed;
    (5) The trainee's performance on each lesson and the name of the 
instructor providing instruction;
    (6) The date and result of each end-of-course practical test and the 
name of the evaluator conducting the test; and
    (7) The number of hours of additional training that was accomplished 
after any unsatisfactory practical test.
    (b) A certificate holder shall maintain a record for each instructor 
or evaluator designated to instruct a course approved in accordance with 
subpart B of this part that indicates that the instructor or evaluator 
has complied with the requirements of Secs. 142.13, 142.45, 142.47, 
142.49, and 142.53, as applicable.
    (c) The certificate holder shall--
    (1) Maintain the records required by paragraphs (a) of this section 
for at least 1 year following the completion of training, testing or 
checking;
    (2) Maintain the qualification records required by paragraph (b) of 
this section while the instructor or evaluator is in the employ of the 
certificate holder and for 1 year thereafter; and
    (3) Maintain the recurrent demonstration of proficiency records 
required by paragraph (b) of this section for at least 1 year.
    (d) The certificate holder must provide the records required by this 
section to the Administrator, upon request and at a reasonable time, and 
shall keep the records required by--
    (1) Paragraph (a) of this section at the training center, or 
satellite training center where the training, testing, or checking, if 
appropriate, occurred; and
    (2) Paragraph (b) of this section at the training center or 
satellite training center where the instructor or evaluator is primarily 
employed.
    (e) The certificate holder shall provide to a trainee, upon request 
and at a reasonable time, a copy of his or her training records.



                    Subpart F--Other Approved Courses



Sec. 142.81  Conduct of other approved courses.

    (a) An applicant for, or holder of, a training center certificate 
may apply for approval to conduct a course for which a curriculum is not 
prescribed by this part.
    (b) The course for which application is made under paragraph (a) of 
this section may be for flight crewmembers other than pilots, airmen 
other than flight crewmembers, material handlers, ground servicing 
personnel, and security personnel, and others approved by the 
Administrator.
    (c) An applicant for course approval under this subpart must comply 
with the applicable requirements of subpart A through subpart F of this 
part.
    (d) The Administrator approves the course for which the application 
is made if the training center or training center applicant shows that 
the course

[[Page 52]]

contains a curriculum that will achieve a level of competency equal to, 
or greater than, that required by the appropriate part of this chapter.

                           PART 143 [Reserved]



PART 145--REPAIR STATIONS--Table of Contents




                  Special Federal Aviation Regulations

SFAR No. 36 [Note]

                           Subpart A--General

Sec.
145.1  Applicability.
145.2  Performance of maintenance, preventive maintenance, alterations 
          and required inspections for an air carrier or commercial 
          operator under the continuous airworthiness requirements of 
          part 121, and for airplanes under the inspection program 
          required by part 125.
145.3  Certificate required.
145.11  Application and issue.
145.13  Certification of foreign repair stations: Special requirements.
145.15  Change or renewal of certificates.
145.17  Duration of certificates.
145.19  Display of certificate.
145.21  Change of location or facilities.
145.23  Inspection.
145.25  Advertising.

                   Subpart B--Domestic Repair Stations

145.31  Ratings.
145.33  Limited ratings.
145.35  Housing and facility requirements.
145.37  Special housing and facility requirements.
145.39  Personnel requirements.
145.41  Recommendation of persons for certification as repairmen.
145.43  Records of supervisory and inspection personnel.
145.45  Inspection systems.
145.47  Equipment and materials: Ratings other than limited ratings.
145.49  Equipment and materials: Limited rating.
145.51  Privileges of certificates.
145.53  Limitations of certificates.
145.55  Maintenance of personnel, facilities, equipment, and materials.
145.57  Performance standards.
145.59  Inspection of work performed.
145.61  Performance records and reports.
145.63  Reports of defects or unairworthy conditions.

                   Subpart C--Foreign Repair Stations

145.71  General requirements.
145.73  Scope of work authorized.
145.75  Personnel.
145.77  General operating rules.
145.79  Records and reports.

              Subpart D--Limited Ratings for Manufacturers

145.101  Application and issue.
145.103  Privileges of certificates.
145.105  Performance standards.

Appendix A to Part 145

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44717.

    Source: Docket No. 1157, 27 FR 6662, July 13, 1962, unless otherwise 
noted.

    Editorial Note: For miscellaneous technical amendments in this part 
145, see Amdt. 145-3, 31 FR 3336, Mar. 3, 1966 and Amdt. 145-6, 31 FR 
9211, July 6, 1966.

                   Special Federal Aviation Regulation

                               SFAR No. 36

    Editorial Note: For the text of SFAR No. 36, see part 121 of this 
chapter.



                           Subpart A--General



Sec. 145.1  Applicability.

    (a) This part prescribes the requirements for issuing repair station 
certificates and associated ratings to facilities for the maintenance 
and alteration of airframes, powerplants, propellers, or appliances, and 
prescribes the general operating rules for the holders of those 
certificates and ratings.
    (b) A certificated repair station located in the United States is 
called a ``domestic repair station''. A repair station located outside 
of the United States is called a ``foreign repair station''.
    (c) A manufacturer of aircraft, aircraft engines, propellers, 
appliances, or parts thereof, may be issued a Repair Station Certificate 
with a limited rating under subpart D of this part. Sections 145.11 
through 145.79 do not apply to applicants for, or holders of, 
certificates issued under subpart D of this part. Any facility where the 
holder of a certificate issued under subpart D of this part exercises 
his privileges under that certificate may be referred to as a

[[Page 53]]

``manufacturer's maintenance facility.''

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-4, 31 
FR 5249, Apr. 1, 1966]



Sec. 145.2  Performance of maintenance, preventive maintenance, alterations 

and required inspections for an air carrier or commercial operator under the 
         
 continuous airworthiness requirements of part 121 , and for 
         airplanes under the inspection program required by part 125.

    (a) Each repair station that performs any maintenance, preventive 
maintenance, alterations, or required inspections for an air carrier or 
commercial operator having a continuous airworthiness program under part 
121 of this chapter shall comply with subpart L of part 121 (except 
Secs. 121.363, 121.369, 121.373, and 121.379) of this chapter, as 
applicable. In addition, such repair station shall perform that work in 
accordance with the air carrier's or commercial operator's manual.
    (b) Each repair station that performs inspections on airplanes 
governed by part 125 of this chapter shall do that work in accordance 
with the inspection program approved for the operator of the airplane.

[Amdt. 145-7, 31 FR 10614, Aug. 9, 1966, as amended by Amdt. 145-17, 45 
FR 67235, Oct. 9, 1980; Amdt. 145-25, 66 FR 21067, Apr. 27, 2001]



Sec. 145.3  Certificate required.

    No person may operate as a certificated repair station without, or 
in violation of, a repair station certificate. In addition, an applicant 
for a certificate may not advertise as a certificated repair station 
until the certificate has been issued to him.



Sec. 145.11  Application and issue.

    (a) An application for a repair station certificate and rating, or 
for an additional rating, is made on a form and in a manner prescribed 
by the Administrator, and submitted with duplicate copies of--
    (1) [Reserved]
    (2) Its inspection procedures manual;
    (3) A list of the maintenance functions to be performed for it, 
under contract, buy another agency under Sec. 145.49 or appendix A; and
    (4) In the case of an applicant for a propeller rating (class 2) or 
any accessory rating (class 1, 2, or 3), a list, by type or make, as 
applicable, of the propeller or accessory for which he seeks approval.
    (b) An applicant who meets the requirements of this part is entitled 
to a repair station certificate with appropriate ratings prescribing 
such operations specifications and limitations as are necessary in the 
interests of safety.

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-5, 31 
FR 8585, June 21, 1966]



Sec. 145.13  Certification of foreign repair stations: Special requirements.

    Before applying under Sec. 145.11, an applicant for a foreign repair 
station certificate must notify the FAA office having jurisdiction over 
the area in which the applicant is located of his intention to so apply 
and send that office a statement of his reasons for wanting a repair 
station at his place of business. In addition to the information 
required by Sec. 145.11, the applicant must furnish two copies of a 
suitably bound brochure, including a physical description of his 
facilities (with photographs), a description of his inspection system, 
and organizational chart, the names and titles of managing and 
supervisory personnel, and a list of services obtained under contract, 
if any, with the names of the contractors and the types of services they 
perform. In addition, the applicant must furnish evidence that the fee 
prescribed by appendix A of part 187 of this chapter has been paid.

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-20, 
47 FR 35694, Aug. 16, 1982]



Sec. 145.15  Change or renewal of certificates.

    (a) Each of the following requires the certificate holder to apply 
for a change in a repair station certificate, on a form and in the 
manner prescribed by the Administrator:
    (1) A change in the location or housing and facilities of the 
station.
    (2) A request to revise or amend a rating.
    (b) If the holder of a repair station certificate sells or transfers 
its assets,

[[Page 54]]

the new owner must apply for an amended certificate, in the manner 
prescribed in Sec. 145.11 and, if applicable, Sec. 145.13.
    (c) A person requesting renewal of a foreign repair station 
certificate shall, within 30 days before his current certificate 
expires, send the request to the FAA office having jurisdiction over the 
station. If he does not make the request within that period, he must 
follow the procedure prescribed in Sec. 145.13 for applying for a new 
certificate, but without copies of the brochure.

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-8, 32 
FR 15670, Nov. 14, 1967]



Sec. 145.17  Duration of certificates.

    (a) A domestic repair station certificate or rating is effective 
until it is surrendered, suspended, or revoked.
    (b) A foreign repair station certificate or rating expires at the 
end of 12 months after the date on which it was issued, unless it is 
sooner surrendered, suspended, or revoked. However, if the station 
continues to comply with Sec. 145.71 and applies for renewal before 
expiration of such certificate or rating, its certificate or rating may 
be renewed for 24 months.
    (c) The holder of a certificate that expires or is surrendered, 
suspended, or revoked, shall return it to the Administrator.

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-16, 
43 FR 22643, May 25, 1978]



Sec. 145.19  Display of certificate.

    Each holder of a repair station certificate shall display the 
certificate and ratings at a place in the repair station that is 
normally accessible to the public and is not obscured. The certificate 
must be available for inspection by the Administrator.



Sec. 145.21  Change of location or facilities.

    (a) The holder of a repair station certificate may not make any 
change in its location or in its housing and facilities that are 
required by Sec. 145.35, unless the change is approved in writing in 
advance.
    (b) The Administrator may prescribe the conditions under which a 
repair station may operate while it is changing its location or housing 
facilities.



Sec. 145.23  Inspection.

    Each certificated repair station shall allow the Administrator to 
inspect it, at any time, to determine its compliance with this part. The 
inspections cover the adequacy of the repair stations inspection system, 
records, and its general ability to comply with this part. After such an 
inspection is made, the repair station is notified, in writing, of any 
defects found during the inspection.

[Amdt. 145-5, 31 FR 8585, June 21, 1966]



Sec. 145.25  Advertising.

    (a) Whenever the advertising of a certificated repair station 
indicates that it is certificated, it must clearly state its certificate 
number.
    (b) Paragraph (a) of this section applies to advertising in--
    (1) Business letterheads;
    (2) Billheads and statements;
    (3) Customer estimates and inspection forms;
    (4) Hangar or shop signs;
    (5) Magazines, periodicals, or trade journals; or
    (6) Any form of promotional media.



                   Subpart B--Domestic Repair Stations



Sec. 145.31  Ratings.

    The following ratings are issued under this subpart:
    (a) Airframe ratings. (1) Class 1: Composite construction of small 
aircraft.
    (2) Class 2: Composite construction of large aircraft.
    (3) Class 3: All-metal construction of small aircraft.
    (4) Class 4: All-metal construction of large aircraft.
    (b) Powerplant ratings. (1) Class 1: Reciprocating engines of 400 
horsepower or less.
    (2) Class 2: Reciprocating engines of more than 400 horsepower.
    (3) Class 3: Turbine engines.
    (c) Propeller ratings. (1) Class 1: All fixed pitch and ground 
adjustable propellers of wood, metal, or composite construction.

[[Page 55]]

    (2) Class 2: All other propellers, by make.
    (d) Radio ratings. (1) Class 1: Communication equipment: Any radio 
transmitting equipment or receiving equipment, or both, used in aircraft 
to send or receive communications in flight, regardless of carrier 
frequency or type of modulation used; including auxiliary and related 
aircraft interphone systems, amplifier systems, electrical or electronic 
inter-crew signaling devices, and similar equipment; but not including 
equipment used for navigation of the aircraft or as an aid to 
navigation, equipment for measuring altitude or terrain clearance, other 
measuring equipment operated on radio or radar principles, or 
mechanical, electrical, gyroscopic, or electronic instruments that are a 
part of communications radio equipment.
    (2) Class 2: Navigational equipment: Any radio system used in 
aircraft for en route or approach navigation, except equipment operated 
on radar or pulsed radio frequency principles, but not including 
equipment for measuring altitude or terrain clearance or other distance 
equipment operated on radar or pulsed radio frequency principles.
    (3) Class 3: Radar equipment: Any aircraft electronic system 
operated on radar or pulsed radio frequency principles.
    (e) Instrument ratings. (1) Class 1: Mechanical: Any diaphragm, 
bourdon tube, aneroid, optical, or mechanically driven centrifugal 
instrument that is used on aircraft or to operate aircraft, including 
tach- ometers, airspeed indicators, pressure gauges drift sights, 
magnetic compasses, altimeters, or similar mechanical instruments.
    (2) Class 2: Electrical: Any self-synchronous and electrical 
indicating instruments and systems, including remote indicating 
instruments, cylinder head temperature gauges, or similar electrical 
instruments.
    (3) Class 3: Gyroscopic: Any instrument or system using gyroscopic 
principles and motivated by air pressure or electrical energy, including 
automatic pilot control units, turn and bank indicators, directional 
gyros, and their parts, and flux gate and gyrosyn compasses.
    (4) Class 4: Electronic: Any instruments whose operation depends on 
electron tubes, transistors, or similar devices including capacitance 
type quantity gauges, system amplifiers, and engine analyzers.
    (f) Accessory ratings. (1) Class 1: Mechanical accessories that 
depend on friction, hydraulics, mechanical linkage, or pneumatic 
pressure for operation, including aircraft wheel brakes, mechanically 
driven pumps, carburetors, aircraft wheel assemblies, shock absorber 
struts and hydraulic servo units.
    (2) Class 2: Electrical accessories that depend on electrical energy 
for their operation, and generators, including starters, voltage 
regulators, electric motors, electrically driven fuel pumps magnetos, or 
similar electrical accessories.
    (3) Class 3: electronic accessories that depend on the use of an 
electron tube transistor, or similar device, including supercharger, 
temperature, air conditioning controls, or similar electronic controls.



Sec. 145.33  Limited ratings.

    (a) Whenever the Administrator finds it appropriate, he may issue a 
limited rating to a domestic repair station that maintains or alters 
only a particular type of airframe, powerplant, propeller, radio, 
instrument, or accessory, or parts thereof, or performs only specialized 
maintenance requiring equipment and skills not ordinarily found in 
regular repair stations. Such a rating may be limited to a specific 
model aircraft, engine, or constituent part, or to any number of parts 
made by a particular manufacturer.
    (b) Limited ratings are issued for--
    (1) Airframes of a particular make and model;
    (2) Engines of a particular make and model;
    (3) Propellers of a particular make and model;
    (4) Instruments of a particular make and model;
    (5) Radio equipment of a particular make and model;
    (6) Accessories of a particular make and model;
    (7) Landing gear components;
    (8) Floats, by make;

[[Page 56]]

    (9) Nondestructive inspection, testing, and processing;
    (10) Emergency equipment;
    (11) Rotor blades, by make and model;
    (12) Aircraft fabric work; and
    (13) Any other purpose for which the Administrator finds the 
applicant's request is appropriate.
    (c) For a limited rating for specialized services, the operations 
specifications of the station shall contain the specification used in 
performing that specialized service. The specification may either be a 
civil or military one that is currently used by industry and approved by 
the Administrator or one developed by the applicant and approved by the 
Administrator.



Sec. 145.35  Housing and facility requirements.

    (a) An applicant for a domestic repair station certificate and 
rating, or for an additional rating, must comply with paragraphs (b) to 
(h) of this section and provide suitable--
    (1) Housing for its necessary equipment and material;
    (2) Space for the work for which it seeks a rating;
    (3) Facilities for properly storing, segregating, and protecting 
materials, parts, and supplies; and
    (4) Facilities for properly protecting parts and subassemblies 
during disassembly, cleaning, inspection, repair, alteration, and 
assembly;

so that work being done is protected from weather elements, dust, and 
heat; workers are protected so that the work will not be impaired by 
their physical efficiency; and maintenance operations have efficient and 
proper facilities.
    (b) The applicant must provide suitable shop space where machine 
tools and equipment are kept and where the largest amount of bench work 
is done. The shop space need not be partitioned but machines and 
equipment must be segregated whenever--
    (1) Machine or woodwork is done so near an assembly area that chips 
or material might inadvertently fall into assembled or partially 
assembled work;
    (2) Unpartitioned parts cleaning units are near other operations;
    (3) Fabric work is done in an area where there are oils and greases;
    (4) Painting or spraying is done in an area so arranged that paint 
or paint dust can fall on assembled or partially assembled work;
    (5) Paint spraying, cleaning, or machining operations are done so 
near testing operations that the precision of test equipment might be 
affected; and
    (6) In any other case the Administrator determines it is necessary.
    (c) The applicant must provide suitable assembly space in an 
enclosed structure where the largest amount of assembly work is done. 
The assembly space must be large enough for the largest item to be 
worked on under the rating he seeks and must meet the requirements of 
paragraph (a) of this section.
    (d) The applicant must provide suitable storage facilities used 
exclusively for storing standard parts, spare parts, and raw materials, 
and separated from shop and working space. He must organize the storage 
facilities so that only acceptable parts and supplies will be issued for 
any job, and must follow standard good practices for properly protecting 
stored materials.
    (e) The applicant must store and protect parts being assembled or 
disassembled, or awaiting assembly or disassembly, to eliminate the 
possibility of damage to them.
    (f) The applicant must provide suitable ventilation for his shop, 
assembly, and storage areas so that the physical efficiency of his 
workers is not impaired.
    (g) The applicant must provide adequate lighting for all work being 
done so that the quality of the work is not impaired.
    (h) The applicant must control the temperature of the shop and 
assembly area so that the quality of the work is not impaired. Whenever 
special maintenance operations are being performed, such as fabric work 
or painting, the temperature and humidity control must be adequate to 
insure the airworthiness of the article being maintained.

[[Page 57]]



Sec. 145.37  Special housing and facility requirements.

    (a) In addition to the housing and facility requirements in 
Sec. 145.35, an applicant for a domestic repair station certificate and 
rating, or for an additional rating, for airframes, powerplants, 
propellers, instruments, accessories, or radios must meet the 
requirements of paragraphs (b) to (f) of this section.
    (b) An applicant for an airframe rating must provide suitable 
permanent housing for at least one of the heaviest aircraft within the 
weight class of the rating he seeks. If the location of the station is 
such that climatic conditions allow work to be done outside, permanent 
work docks may be used if they meet the requirements of Sec. 145.35(a).
    (c) An applicant for either a powerplant or accessory rating must 
provide suitable trays, racks, or stands for segregating complete engine 
or accessory assemblies from each other during assembly and disassembly. 
He must provide covers to protect parts awaiting assembly or during 
assembly to prevent dust or other foreign objects from entering into or 
falling on those parts.
    (d) An applicant for a propeller rating must provide suitable 
stands, racks, or other fixtures for the proper storage of propellers 
after being worked on.
    (e) An applicant for a radio rating must provide suitable storage 
facilities to assure the protection of parts and units that might 
deteriorate from dampness or moisture.
    (f) An applicant for an instrument rating must provide a reasonably 
dust free shop if the shop allocated to final assembly is not air 
conditioned. Shop and assembly areas must be kept clean at all times to 
reduce the possibility of dust or other foreign objects getting into 
instrument assemblies.



Sec. 145.39  Personnel requirements.

    (a) An applicant for a domestic repair station certificate and 
rating, or for an additional rating, must provide adequate personnel who 
can perform, supervise, and inspect the work for which the station is to 
be rated. The officials of the station must carefully consider the 
justifications and abilities of their employees and shall determine the 
abilities of its uncertificated employees performing maintenance 
operations on the basis of practical tests or employment records. The 
repair station is primarily responsible for the satisfactory work of its 
employees.
    (b) The number of repair station employees may vary according to the 
type and volume of its work. However, the applicant must have enough 
properly qualified employees to keep up with the volume of work in 
process, and may not reduce the number of its employees below that 
necessary to efficiently produce airworthy work.
    (c) Each repair station shall determine the abilities of its 
supervisors and shall provide enough of them for all phases of its 
activities. However, the Administrator may determine the ability of any 
supervisor by inspecting his employment and experience records or by a 
personal test. Each supervisor must have direct supervision over working 
groups but need not have over-all supervision at management level. 
Whenever apprentices or students are used in working groups on 
assemblies or other operations that might be critical to the aircraft, 
the repair station shall provide at least one supervisor for each 10 
apprentices or students, unless the apprentices or students are 
integrated into groups of experienced workers.
    (d) Each person who is directly in charge of the maintenance 
functions of a repair station must be appropriately certificated as a 
mechanic or repairman under part 65 of this chapter and must have had at 
least 18 months of practical experience in the procedures, practices, 
inspection methods, materials, tools, machine tools, and equipment 
generally used in the work for which the station is rated. Experience as 
an apprentice or student mechanic may not be counted in computing the 18 
months of experience. In addition, at least one of the persons so in 
charge of maintenance functions for a station with an airframe rating 
must have had experience in the methods and procedures prescribed by the 
Administrator for returning aircraft to service after 100-hour, annual, 
and progressive inspections.
    (e) Each limited repair station shall have employees with detailed 
knowledge of the particular maintenance

[[Page 58]]

function or technique for which it is rated, based on attending a 
factory school or long experience with the product or technique 
involved.



Sec. 145.41  Recommendation of persons for certification as repairmen.

    (a) When a person applies for a domestic repair station certificate 
and rating(s) or additional rating(s) that require a repairman, that 
person must--
    (1) Recommend at least one person for certification as a repairman;
    (2) Certify to the Administrator that the person recommended meets 
the requirements of Sec. 65.101 of this chapter; and
    (3) Certify that the person recommended is able to perform and 
supervise the assigned work.
    (b) Each person recommended per paragraph (a)(1) of this section 
must be at or above the level of shop foreman or department head or be 
responsible for supervising the work performed by the repair station. A 
qualified person so recommended may be certificated as a repairman.

(Secs. 313, 314, and 601 through 610, of the Federal Aviation Act of 
1958, as amended (49 U.S.C. 1354, 1355, 1421 through 1430); sec. 6(c), 
Dept. of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 21269, 47 FR 33390, Aug. 2, 1982]



Sec. 145.43  Records of supervisory and inspection personnel.

    (a) Each applicant for a domestic repair station certificate and 
rating, or for an additional rating, must have, and each certificated 
domestic repair station shall maintain, a roster of--
    (1) Its supervisory personnel, including the names of the officials 
of the station that are responsible for its management and the names of 
its technical supervisors, such as foreman and crew chiefs; and
    (2) Its inspection personnel, including the names of the chief 
inspector and those inspectors who make final airworthiness 
determinations before releasing an article to service.
    (b) The station shall also provide a summary of the employment of 
each person whose name is on the roster. The summary must contain enough 
information as to each person on the roster to show compliance with the 
experience requirements of this subpart, including--
    (1) His present title (e.g., chief inspector, metal shop foreman, 
etc.);
    (2) His total years of experience in the type of work he is doing;
    (3) His past employment record, with names of places and term of 
employment by month, and year;
    (4) The scope of his present employment (e.g., airframe overhaul, 
airframe final assembly, engine inspection, department, etc.); and
    (5) The type and number of the mechanic or repairman certificate 
that he holds, and the ratings on that certificate.
    (c) The station shall change the roster, as necessary, to reflect--
    (1) Terminating the employment of any person whose name is on the 
roster;
    (2) Assigning any person to duties that require his name to be 
carried on the roster; or
    (3) Any appreciable change in the duties and scope of assignment of 
any person whose name is on the roster.
    (d) The station shall keep the roster and employment summaries 
required by this section, subject to inspection by the Administrator 
upon his request.
    (e) A domestic repair station may not use the services of a person 
directly in charge of maintenance or alteration unless it keeps current 
records on him as required by this section.

[Doc. No. 1157, 27 FR 6662, June 13, 1962, as amended by Amdt. 145-5, 31 
FR 8585, June 21, 1966; Amdt. 145-15, 41 FR 47230, Oct. 28, 1976]



Sec. 145.45  Inspection systems.

    (a) An applicant for a repair station certificate, and rating or for 
an additional rating, must have an inspection system that will produce 
satisfactory quality control and conform to paragraphs (b) to (f) of 
this section.
    (b) The applicant's inspection personnel must be thoroughly familiar 
with all inspection methods, techniques, and equipment used in their 
specialty to determine the quality or airworthiness of an article being 
maintained or altered. In addition, they must--

[[Page 59]]

    (1) Maintain proficiency in using various inspection aids intended 
for that purpose;
    (2) Have available and understand current specifications involving 
inspection tolerances, limitations, and procedures established by the 
manufacturer of the product being inspected and with other forms of 
inspection information such as FAA airworthiness di- rectives and 
bulletins; and
    (3) In cases where magnetic, fluorescent, or other forms of 
mechanical inspection devices are to be used, be skilled in operating 
that equipment and be able to properly interpret defects indicated by 
it.
    (c) The applicant must provide a satisfactory method of inspecting 
incoming material to insure that, before it is placed in stock for use 
in an aircraft or part thereof, it is in a good state of preservation 
and is free from apparent defects or malfunctions.
    (d) The applicant must provide a system of preliminary inspection of 
all articles he maintains to determine the state of preservation or 
defects. He shall enter the results of each inspection on an appropriate 
form supplied by it and keep the form with the article until it is 
released to service.
    (e) The applicant must provide a system so that before working on 
any airframe, powerplant, or part thereof that has been involved in an 
accident, it will be inspected thoroughly for hidden damage, including 
the areas next to the obviously damaged parts. He shall enter the 
results of this inspection on the inspection form required by paragraph 
(d) of this section.
    (f) At the time he applies for a repair station certificate, the 
applicant must provide a manual containing inspection procedures, and 
thereafter maintain it in current condition at all times. The manual 
must explain the internal inspection system of the repair station in a 
manner easily understood by any employee of the station. It must state 
in detail the inspection requirements in paragraphs (a) to (e) of this 
section, and the repair station's inspection system including the 
continuity of inspection responsibility, samples of inspection forms, 
and the method of executing them. The manual must refer whenever 
necessary to the manufacturer's inspection standards for the maintenance 
of the particular article. The repair station must give a copy of the 
manual to each of its supervisory and inspection personnel and make it 
available to its other personnel. The repair station is responsible for 
seeing that all supervisory and inspection personnel thoroughly 
understand the manual.

[Doc. No. 1157, 27 FR 6662, June 13, 1962, as amended by Amdt. 145-15, 
41 FR 47230, Oct. 28, 1976]



Sec. 145.47  Equipment and materials: Ratings other than limited ratings.

    (a) An applicant for a domestic repair station certificate and 
rating, or for an additional rating, must have the equipment and 
materials necessary to efficiently perform the functions appropriate to 
the ratings he seeks. An applicant for an airframe, propeller, 
powerplant, radio, instrument, or accessory rating must be equipped to 
perform the functions listed in appendix A to this part that are 
appropriate for the rating he seeks.
    (b) The equipment and materials required by this part must be of 
such type that the work for which they are being used can be done 
competently and efficiently. The station shall ensure that all 
inspection and test equipment is tested at regular intervals to ensure 
correct calibration to a standard derived from the National Bureau of 
Standards or to a standard provided by the equipment manufacturer. In 
the case of foreign equipment, the standard of the country of 
manufacture may be used if approved by the Administrator. The equipment 
and materials required for the various ratings must be located on the 
premises, and under the full control of the station, unless they are 
used for a function that the repair station is authorized to obtain by 
contract. If it obtains them by contract, the repair station shall 
determine the airworthiness of the article involved, unless the 
contractor is an appropriately rated repair station.
    (c) A certificated domestic or foreign repair station may contract 
maintenance and alteration of components of a type certificated product 
to a noncertificated source identified in the repair

[[Page 60]]

station's inspection procedures manual provided:
    (1) The repair station is the manufacturer who originally 
manufactured the product for which it holds a U.S. type certificate;
    (2) The contracted component is included as part of the type 
certificated product;
    (3) The component maintenance is done by the original component 
manufacturer or its manufacturing licensee; and
    (4) Before such a component is returned to service, the repair 
station ensures that it is being returned to service in accordance with 
the repair station's quality control system as approved by the 
Administrator and set forth in the repair station's operations 
specifications and inspection procedures manual.
    (d) The applicant shall choose suitable tools and equipment for the 
functions named in appendix A to this part, as appropriate to each of 
his ratings, using those the manufacturer of the article involved 
recommends for maintaining or altering that article, or their 
equivalent.

(Secs. 313, 314, and 601 through 610, of the Federal Aviation Act of 
1958, as amended (49 U.S.C. 1354, 1355, 1421 through 1430); sec. 6(c), 
Dept. of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-19, 
47 FR 33391, Aug. 2, 1982; Amdt. 145-21, 53 FR 47375, Nov. 22, 1988]



Sec. 145.49  Equipment and materials: Limited rating.

    (a) An applicant for a limited rating (other than specialized 
services) under Sec. 145.33, must have the equipment and materials to 
perform any job function appropriate to the rating and class specified 
in Sec. 145.47 for the rating he seeks. However, he need not be equipped 
for a function that does not apply to the particular make or model 
article for which he seeks a rating, if he shows that it is not 
necessary under the recommendations of the manufacturer of the article.
    (b) An applicant for a rating for specialized services or techniques 
under Sec. 145.33 must--
    (1) For magnetic and penetrant inspection, have the equipment and 
materials for wet and dry magnetic inspection techniques, residual and 
continuous methods, and portable equipment for the inspection of welds 
both on and off the aircraft;
    (2) For emergency equipment maintenance, have the equipment and 
materials to perform inspections, repairs, and tests of all kinds of 
inflated equipment, the re-packing, re-marking, re-sealing, and re-
stocking of life rafts, and the weighing, refilling, and testing of 
carbon dioxide fire extinguishers and oxygen containers;
    (3) For rotor blade maintenance, have the equipment, materials, and 
technical data recommended by the manufacturer; and
    (4) For aircraft fabric work, have the equipment and materials to 
apply protective coatings to structures, machine stitch fabric panels, 
perform covering, sewing, and rib stitching operations, apply dope and 
paint using temperature and humidity control equipment, install patches, 
grommets, tapes, hooks, and similar equipment, and refinish entire 
aircraft and aircraft parts.



Sec. 145.51  Privileges of certificates.

    A certificated domestic repair station may--
    (a) Maintain or alter any airframe, powerplant, propeller, 
instrument, radio, or accessory, or part thereof, for which it is rated;
    (b) Approve for return to service any article for which it is rated 
after it has been maintained or altered;
    (c) In the case of a station with an airframe rating, perform 100-
hour, annual or progressive inspections, and return the aircraft to 
service; and
    (d) Maintain or alter any article for which it is rated at a place 
other than the repair station, if--
    (1) The function would be performed in the same manner as when 
performed at the repair station and in accordance with Secs. 145.57 to 
145.61;
    (2) All necessary personnel, equipment, material, and technical data 
is available at the place where the work is to be done; and
    (3) The inspection procedures manual of the station sets forth 
approved procedures governing work to be performed at a place other than 
the repair station.

[[Page 61]]


However, a certificated repair station may not approve for return to 
service any aircraft, airframe, aircraft engine, propeller, or appliance 
after major repair or major alteration unless the work was done in 
accordance with technical data approved by the Administrator.

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-2, 29 
FR 5451, Apr. 23, 1964]



Sec. 145.53  Limitations of certificates.

    A certificated domestic repair station may not maintain or alter any 
airframe, powerplant, propeller, instrument, radio, or accessory for 
which it is not rated, and may not maintain or alter any article for 
which it is rated if it requires special technical data, equipment, or 
facilities that are not available to it.



Sec. 145.55  Maintenance of personnel, facilities, equipment, and materials.

    Each certificated domestic repair station shall provide personnel, 
facilities equipment, and materials at least equal in quality and 
quantity to the standards currently required for the issue of the 
certificate and rating that it holds.



Sec. 145.57  Performance standards.

    (a) Except as provided in Sec. 145.2, each certificated domestic 
repair station shall perform its maintenance and alteration operations 
in accord- ance with the standards in part 43 of this chapter. It shall 
maintain, in current condition, all manufacturers' service manuals, 
instructions, and service bulletins that relate to the articles that it 
maintains or alters.
    (b) In addition, each certificated domestic repair station with a 
radio rating shall comply with those sections of part 43 of this chapter 
that apply to electric systems, and shall use materials that conform to 
approved specifications for equipment appropriate to its rating. It 
shall use test apparatus, shop equipment, performance standards, test 
methods, alterations, and calibrations that conform to the 
manufacturers' specifications or instructions, approved specification, 
and, if not otherwise specified, to accept good practices of the 
aircraft radio industry.

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-5, 31 
FR 8585, June 21, 1966; Amdt. 145-7, 31 FR 10614, Aug. 9, 1966]



Sec. 145.59  Inspection of work performed.

    (a) Each certificated domestic repair station shall, before 
approving an airframe, powerplant, propeller, instrument, radio, or 
accessory for return to service after maintaining or altering it, have 
that article inspected by a qualified inspector. After performing a 
maintenance or alteration operation, the station shall certify on the 
maintenance or alteration record of the article that it is airworthy 
with respect to the work performed.
    (b) For the purposes of paragraph (a) of this section, the qualified 
inspector must be a person employed by the station, who has shown by 
experience as a journeyman that he understands the inspection methods, 
techniques, and equipment used in determining the air-worthiness of the 
article concerned. He must also be proficient in using various types of 
mechanical and visual inspection aids appropriate for the article being 
inspected.

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-16, 
43 FR 22643, May 25, 1978]



Sec. 145.61  Performance records and reports.

    Each certificated domestic repair station shall maintain adequate 
records of all work that it does, naming the certificated mechanic or 
repairman who performed or supervised the work, and the inspector of 
that work. The station shall keep each record for at least two years 
after the work it applies to is done.



Sec. 145.63  Reports of defects or unairworthy conditions.

    (a) Each certificated domestic repair station shall report to the 
Administrator within 72 hours after it discovers any serious defect in, 
or other recurring unairworthy condition of, an aircraft, powerplant, or 
propeller, or any component of any of them. The report shall be made on 
a form and in a manner prescribed by the Administrator, describing the 
defect or malfunction

[[Page 62]]

completely without withholding any pertinent information.
    (b) In any case where the filing of a report under paragraph (a) of 
this section might prejudice the repair station, it shall refer the 
matter to the Administrator for a determination as to whether it must be 
reported. If the defect or malfunction could result in an imminent 
hazard to flight, the repair station shall use the most expeditious 
method it can to inform the Administrator.
    (c) The holder of a domestic repair station certificate that is also 
the holder of a part 121 or 135 certificate, a Type Certificate 
(including a Supplemental Type Certificate), a Parts Manufacturer 
Approval (PMA), or a TSO authorization, or that is the licensee of a 
Type Certificate, need not report a failure, malfunction, or defect 
under this section if the failure, malfunction, or defect has been 
reported by it, under Sec. 21.3, Sec. 37.17, Sec. 121.703, or 
Sec. 135.57 of this chapter.

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-9, 35 
FR 3155, Feb. 19, 1970; Amdt. 145-13, 35 FR 18189, Nov. 28, 1970; Amdt. 
145-25, 66 FR 21067, Apr. 27, 2001]

    Effective Date Note: By Amdt. 145-22, 65 FR 56206, Sept. 15, 2000, 
Sec. 145.63 was amended by revising paragraphs (a) and (c) and adding 
paragraphs (d) and (e), effective Jan. 16, 2001. At 65 FR 80743, Dec. 
22, 2000, the effective date was delayed until July 16, 2001. At 66 FR 
21626, Apr. 30, 2001, the effective date was delayed until Jan. 16, 
2002. At 66 FR 58912, Nov. 23, 2001, the effective date was delayed 
until Jan. 16, 2003. For the convenience of the user, the added and 
revised text is set forth as follows:

Sec. 145.63  Reports of defects or unairworthy conditions.

    (a) Each certificated domestic repair station shall, within 96 hours 
after it discovers any serious defect in, or other recurring unairworthy 
condition of, an aircraft, powerplant, or propeller, or any component of 
any of them, submit a report to a central collection point as specified 
by the Administrator. The report shall be made on a form or in another 
format acceptable to the Administrator, describing the defect or 
unairworthy condition completely without withholding any pertinent 
information.

                                * * * * *

    (c) The holder of a domestic repair station certificate that also is 
the holder of a part 121, part 125, or part 135 certificate, a Type 
Certificate (including a Supplemental Type Certificate), a Parts 
Manufacturer Approval, or a Technical Standard Order Authorization, or 
that is the licensee of a Type Certificate holder, need not report a 
failure, malfunction, or defect under this section if the failure, 
malfunction, or defect has been reported by it under Sec. 21.3, 
Sec. 121.703, Sec. 121.704, Sec. 125.409, Sec. 125.410, Sec. 135.415, or 
Sec. 135.416 of this chapter.
    (d) A certificated domestic repair station may submit a Service 
Difficulty Report (operational or structural) for--
    (1) A part 121 certificate holder under Sec. 121.703(g) or 
Sec. 121.704(f) provided that the report meets the requirements of 
Secs. 121.703(d) and 121.703(e), or Secs. 121.704(c) and 121.704(d) of 
this chapter, as appropriate;
    (2) A part 125 certificate holder under Sec. 125.409(g) or 
Sec. 125.410(f) provided that the report meets the requirements of 
Secs. 125.409(d) and 125.409(e), orSecs. 125.410(c) and 125.410(d) of 
this chapter, as appropriate;
    (3) A part 135 certificate holder under Sec. 135.415(g) or 
Sec. 135.416(f) provided that the report meets the requirements of 
Secs. 135.415(d) and 135.415(e), or Secs. 135.416(c) and 135.416(d) of 
this chapter, as appropriate.
    (e) A certificated domestic repair station authorized to report a 
failure, malfunction, or defect under paragraph (d) of this section 
shall not report the same failure, malfunction, or defect under 
paragraph (a) of this section. A copy of the report submitted under 
paragraph (d) of this section shall be forwarded to the certificate 
holder.



                   Subpart C--Foreign Repair Stations



Sec. 145.71  General requirements.

    A repair station certificate with appropriate ratings may be issued 
for a foreign repair station if the Administrator determines that it 
will be necessary for maintaining or altering United States registered 
aircraft and aircraft engines, propellers, appliances, and component 
parts thereof for use on United States registered aircraft. A foreign 
repair station must meet the requirements for a domestic repair station 
certificate, except those in Secs. 145.39 through 145.43.

[Doc. No. 25454, 53 FR 47376, Nov. 22, 1988]



Sec. 145.73  Scope of work authorized.

    (a) A certificated foreign repair station may, with respect to 
United States registered aircraft, maintain or alter aircraft, 
airframes, powerplants,

[[Page 63]]

propellers, or component parts thereof. The Administrator may prescribe 
operations specifications containing limitations that the Administrator 
determines necessary to comply with the airworthiness requirements of 
this chapter.
    (b) A certificated foreign repair station may perform only the 
specific services and functions within the ratings and classes that are 
stated in its operations specifications.

[Doc. No. 25454, 53 FR 47376, Nov. 22, 1988]



Sec. 145.75  Personnel.

    (a) Each applicant for a foreign repair station certificate and 
rating, or for an additional rating, must provide enough personnel who 
are able to perform, supervise, and inspect the work for which he seeks 
a rating, with regard being given to its volume of work.
    (b) The supervisors and inspectors of each certificated foreign 
repair station must understand the regulations in this chapter, FAA 
airworthiness directives, and the maintenance and service instructions 
of the manufacturers of the articles to be worked on. However, they do 
not need airman certificates issued under this chapter and, along with 
the persons performing the work of the station, are not considered to be 
airmen within the meaning of section 101(7) of the Federal Aviation Act 
of 1958 (49 U.S.C. 1301) with respect to work performed in connection 
with their employment by the foreign repair station.
    (c) In cases where the persons engaged in supervision or final 
inspection are not certificated under this chapter or by the country in 
which the station is located, their qualifications are determined by the 
Administrator, based on their ability to meet the requirements of 
paragraph (a) of this section as shown by oral or practical test or any 
other method the Administrator elects.
    (d) No person may be responsible for the supervision or final 
inspection of work on an aircraft of United States registry at a foreign 
repair station unless he can read, write, and understand English.



Sec. 145.77  General operating rules.

    Each certificated foreign repair station shall comply with the 
operating rules prescribed in subpart B of this part, except for 
Secs. 145.61 and 145.63, and has the privileges of a domestic repair 
station as provided in Sec. 145.51.



Sec. 145.79  Records and reports.

    (a) Each certificated foreign repair station shall maintain such 
records, and make such reports, with respect to United States registered 
aircraft, as the Administrator finds necessary, including those 
prescribed in paragraphs (b) and (c) of this section.
    (b) Each certificated foreign repair station shall keep a record of 
the maintenance and alteration it performs on United States registered 
aircraft, in enough detail to show the make, model, identification 
number, and serial number of the aircraft involved, and a description of 
the work. In a case of major repairs or major alterations, or both, it 
shall report on a form and in a manner prescribed by the Administrator, 
giving the original copy to the aircraft owner and sending a copy to the 
Administrator through the FAA office having jurisdiction over the 
station. However, if a major repair or alteration is made on a United 
States scheduled flag air carrier aircraft, the report may be made in 
the log or other record provided by the carrier for that purpose. Upon 
request, the station shall make all of its maintenance and alteration 
records available to the Administrator.
    (c) Each certificated foreign repair station shall, within 72 hours 
after it discovers any serious defect in, or other recurring unairworthy 
condition of, any aircraft, powerplant, propeller, or any component of 
any of them, that it works on under this part, report that defect or 
unairworthy condition to the Administrator.
    (d) The holder of a foreign repair station certificate that is also 
the holder of a Type Certificate (including a Supplemental Type 
Certificate), a Parts Manufacturer Approval (PMA), or a TSO 
authorization or that is the licensee of a Type Certificate need not 
report a failure, malfunction, or defect under this section if the 
failure, malfunction, or defect has been reported

[[Page 64]]

by it, under Sec. 21.3 of this chapter or Sec. 37.17 of this chapter.

[Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt. 145-9, 35 
FR 3155, Feb. 19, 1970; Amdt. 145-13, 35 FR 18189, Nov. 28, 1970]

    Effective Date Note: By Amdt. 145-22, 65 FR 56206, Sept. 15, 2000, 
Sec. 145.79 was amended by revising paragraphs (c) and (d) and adding 
paragraphs (e) and (f), effective Jan. 16, 2001. At 65 FR 80743, Dec. 
22, 2000, the effective date was delayed until July 16, 2001. At 66 FR 
21626, Apr. 30, 2001, the effective date was delayed until Jan. 16, 
2002. At 66 FR 58912, Nov. 23, 2001, the effective date was delayed 
until Jan. 16, 2003. For the convenience of the user, the added and 
revised text is set forth as follows:

Sec. 145.79  Records and reports.

                                * * * * *

    (c) Each certificated foreign repair station shall, within 96 hours 
after it discovers any serious defect in, or other recurring unairworthy 
condition of, any aircraft, powerplant, propeller, or any component of 
any of them, submit a report to a central collection point as specified 
by the Administrator. The report shall be made on a form or another 
format acceptable to the Administrator, describing the defect or 
unairworthy condition completely without withholding any pertinent 
information.
    (d) The holder of a foreign repair station certificate that also is 
the holder of a Type Certificate (including a Supplemental Type 
Certificate), a Parts Manufacturer Approval, or a Technical Standard 
Order Authorization or that is the licensee of a Type Certificate holder 
need not report a failure, malfunction, or defect under this section if 
the failure, malfunction, or defect has been reported by it under 
Sec. 21.3 of this chapter.
    (e) A certificated foreign repair station may submit a Service 
Difficulty Report (operational or structural) for--
    (1) A part 121 certificate holder under Sec. 121.703(g) or 
Sec. 121.704(f) provided that the report meets the requirements of 
Secs. 121.703(d) and 121.703(e) or Secs. 121.704(c) and 121.704(d) of 
this chapter, as appropriate;
    (2) A part 125 certificate holder under Sec. 125.409(g) or 
Sec. 125.410(f) provided that the report meets the requirements of 
Secs. 125.409(d) and 125.409(e) or Secs. 125.410(c) and 125.410(d) of 
this chapter, as appropriate;
    (3) A part 135 certificate holder under Sec. 135.415(g) or 
Sec. 135.416(f) provided that the report meets the requirements of 
Secs. 135.415(d) and 135.415(e) or Secs. 135.416(c) and 135.416(d) of 
this chapter, as appropriate.
    (f) A certificated foreign repair station authorized to report a 
failure, malfunction, or defect under paragraph (e) of this section 
shall not report the same failure, malfunction, or defect under 
paragraph (c) of this section. A copy of the report submitted under 
paragraph (e) of this section shall be forwarded to the certificate 
holder.



              Subpart D--Limited Ratings for Manufacturers

    Authority: Secs. 313(a), 601, 602, 605, and 607, 72 Stat. 752; 49 
U.S.C. 1354(a), 1421, 1422, 1425, and 1427.

    Source: Docket No. 1221, 31 FR 5249, Apr. 1, 1966, unless otherwise 
noted.



Sec. 145.101  Application and issue.

    (a) Upon application in a form and manner prescribed by the 
Administrator, a repair station certificate with a limited rating for a 
manufacturer may be issued without further showing to--
    (1) The holder or licensee of a Type Certificate who has an approved 
production inspection system;
    (2) The holder of a Production Certificate;
    (3) Any person who meets the requirements of Sec. 21.303 of this 
chapter, and has the prescribed Fabrication Inspection System; and
    (4) The holder of a Technical Standard Order (TSO) authorization.
    (b) Limited ratings are issued under paragraph (a) of this section 
for--
    (1) Aircraft manufactured by the holder of the rating under a Type 
Certificate or a Production Certificate;
    (2) Aircraft engines manufactured by the holder of the rating under 
a Type Certificate or a Production Certificate;
    (3) Propellers manufactured by the holder of the rating under a Type 
Certificate or a Production Certificate;
    (4) Appliances manufactured by the holder of the rating (i) under a 
Type Certificate, (ii) under a Production Certificate, (iii) under a TSO 
authorization, or (iv) in accordance with Sec. 21.303 of this chapter; 
and
    (5) Parts manufactured by the holder of the rating under a TSO 
authorization or in accordance with Sec. 21.303 of this chapter.



Sec. 145.103  Privileges of certificates.

    (a) The holder of a repair station certificate issued under this 
subpart may maintain and approve for return to service any article for 
which it is

[[Page 65]]

rated, and perform preventive maintenance on that article, if 
certificated mechanics or repairmen are employed directly in charge of 
the maintenance and preventive maintenance.
    (b) The privileges granted under this section apply to any location 
or facility unless the certificate limits the holder to specific 
locations or facilities.



Sec. 145.105  Performance standards.

    Except as provided in Sec. 145.2, each holder of a certificate 
issued under this subpart shall perform its maintenance and preventive 
maintenance operations in accordance with part 43 of this chapter.

[Amdt. 145-7, 31 FR 10614, Aug. 9, 1966]

                         Appendix A to Part 145

    Note: When an asterisk (*) is shown after any job function listed in 
this appendix it indicates that the applicant need not have the 
equipment and material on his premises for performing this job function 
provided he contracts that particular type work to an outside agency 
having such equipment and material.
    (a) An applicant for a Class 1, 2, 3, or 4 airframe rating must 
provide equipment and material necessary for efficiently performing the 
following job functions:
    (1) Steel structural components:
    Repair or replace steel tubes and fittings using the proper welding 
techniques when appropriate.
    Anticorrosion treatment of the interior and exterior of steel parts,
    Metal plating or anodizing*,
    Simple machine operations such as making bushings, bolts, etc.,
    Complex machine operations involving the use of planers, shapers, 
milling machines, etc.*,
    Fabricate steel fittings,
    Abrasive air blasting and chemical cleaning operations*,
    Heat treatment*,
    Magnetic inspection*,
    Repair or rebuilt metal tanks*.
    (2) Wood structure:
    Splice wood spars,
    Repair ribs and spars (wood),
    Fabricate wood spars*,
    Repair or replace metal ribs,
    Interior alignment of wings,
    Repair or replace plywood skin,
    Treatment against wood decay.
    (3) Alloy skin and structural components:
    Repair and replace metal skin, using power tools and equipment,
    Repair and replace alloy members and components such as tubes, 
channels, cowlings, fittings, attach angles, etc.,
    Alignment of components using jigs or fixtures as in the case of 
joining fuselage sections or other similar operations,
    Make up wooden forming blocks or dies,
    Fluorescent inspection of alloy components*,
    Fabricate alloy members and components such as tubes, channels, 
cowlings, fittings, attach angles, etc.*
    (4) Fabric covering:
    Repairs to fabric surfaces,
    Recovering and refinishing of components and entire aircraft*.
    (5) Control systems:
    Renewing control cables, using swaging and splicing techniques,
    Rigging complete control system,
    Renewing or repairing all control system hinge point components such 
as pins, bushings, etc.,
    Install control system units and components.
    (6) Landing gear systems:
    Renew or repair all landing gear hinge point components and 
attachments such as bolts, bushings, fittings, etc.,
    Overhaul and repair elastic shock absorber units,
    Overhaul and repair hydraulic-pneumatic shock absorber units*,
    Overhaul and repair brake system components*,
    Conduct retraction cycle tests,
    Overhaul and repair electrical circuits,
    Overhaul and repair hydraulic system components*,
    Repair or fabricate hydraulic lines.
    (7) Electric wiring systems:
    Diagnose malfunctions,
    Repair or replace wiring,
    Installation of electrical equipment,
    Bench check electrical components (this check is not to be confused 
with the more complex functional test after overhaul).
    (8) Assembly operations:
    Assembly of airframe component parts such as landing gear, wings, 
controls, etc.,
    Rigging and alignment of airframe components, including the complete 
aircraft and control system,
    Installation of powerplants,
    Installation of instruments and accessories,
    Assembly and fitting of cowling, fairings, etc.,
    Repair and assembly of plastic components such as windshields, 
windows, etc.,
    Jack or hoist complete aircraft.
    Conduct aircraft weight and balance operations (this function will 
be conducted in draft-free area)*,
    Balance control surfaces.
    (b) An applicant for any class of power-plant rating must provide 
equipment and

[[Page 66]]

material necessary for efficiently performing the following job 
functions appropriate to the class of rating applied for:
    (1) Classes 1 and 2. (i) Maintain and alter powerplants, including 
replacement of parts:
    Chemical and mechanical cleaning,
    Disassembly operations,
    Replacement of valve guides and seats*,
    Replacement of bushings, bearings, pins, inserts, etc.,
    Plating operations (copper, silver, cadmium, etc.)*,
    Heating operations (involving the use of recommended techniques 
requiring controlled heating facilities),
    Chilling or shrinking operations,
    Removal and replacement of studs,
    Inscribing or affixing identification information,
    Painting of powerplants and components,
    Anticorrosion treatment for parts,
    Replacement and repair of powerplant alloy sheet metal and steel 
components such as baffles, fittings, etc.*
    (ii) Inspect all parts, using appropriate inspection aids:
    Magnetic, fluorescent and other acceptable inspection aids*,
    Precise determination of clearances and tolerances of all parts,
    Inspection for alignment of connecting rods, crankshafts, impeller 
shafts, etc.,
    Balancing of parts, including crankshafts, impellers, etc.*,
    Inspection of valve springs.
    (iii) Accomplish routine machine work:
    Precision grinding, honing and lapping operations (includes 
crankshaft, cylinder barrels, etc.)*,
    Precision drilling, tapping, boring, milling and cutting 
operations*,
    Reaming of inserts, bushings, bearings and other similar components,
    Refacing of valves.
    (iv) Perform assembly operations:
    Valve and ignition timing operations,
    Fabricate and test ignition harnesses,
    Fabricate and test rigid and flexible fluid lines,
    Prepare engines for long- or short-term storage,
    Functional check powerplant accessories (this check is not to be 
confused with the more complex performance test of overhaul)*,
    Hoist engines by mechanical means,
    Install engines in aircraft*,
    Align and adjust engine controls*,
    Installation of engines in aircraft and alignment and adjustment of 
engine controls, when completed, must be inspected by either an 
appropriately rated certificated mechanic or certificated repairman. 
Persons supervising or inspecting these functions must thoroughly 
understand the pertinent installation details involved.
    (v) Test overhauled powerplants in compliance with manufacturers' 
recommendations: The test equipment will be the same as recommended by 
the manufacturers of the particular engines undergoing test or 
equivalent equipment that will accomplish the same purpose. The testing 
function may be performed by the repair station itself, or may be 
contracted to an outside agency. In either case the repair station will 
be responsible for the final acceptance of the tested engine.
    (2) Class 3. Functional and equipment requirements for turbine 
engines will be governed entirely by the recommendations of the 
manufacturer, including techniques, inspection methods, and test.
    (c) An applicant for any class of propeller rating must provide 
equipment and material necessary for efficiently performing the 
following job functions appropriate to the class of rating applied for:
    (1) Class 1. (i) Maintain and alter propellers, including 
installation and replacement of parts:
    Replace blade tipping,
    Refinish wood propellers,
    Make wood inlays,
    Refinish plastic blades,
    Straighten bent blades within repairable tolerances,
    Modify blade diameter and profile,
    Polish and buff,
    Painting operations,
    Remove from and reinstall on powerplants.
    (ii) Inspect components, using appropriate inspection aids:
    Inspect propellers for conformity with manufacturer's drawings and 
specifications,
    Inspect hubs and blades for failures and defects, using magnetic or 
fluorescent inspection devices*,
    Inspect hubs and blades for failures and defects, using all visual 
aids, including the etching of parts,
    Inspect hubs for wear of splines or keyways or any other defect.
    (iii) Repair or replace components: (Not applicable to this class).
    (iv) Balance propellers:
    Test for proper track on aircraft,
    Test for horizontal and vertical unbalance (this test will be 
accomplished with the use of precision equipment).
    (v) Test propeller pitch-changing mechanisms: (Not applicable to 
this class).
    (2) Class 2. (i) Maintain and alter propellers, including 
installation and the replacement of parts:
    All functions listed under paragraph (c)(1)(i) of this appendix when 
applicable to the make and model propeller for which a rating is sought,
    Properly lubricate moving parts,
    Assemble complete propeller and subassemblies, using special tools 
when required.

[[Page 67]]

    (ii) Inspect components, using appropriate inspection aids: All 
functions listed under paragraph (c)(1)(ii) of this appendix when 
applicable to the make and model propeller for which a rating is sought.
    (iii) Repair or replace component parts:
    Replace blades, hubs, or any of their components,
    Repair or replace anti-icing devices,
    Remove nicks or scratches from metal blades,
    Repair or replace electrical propeller components.
    (iv) Balance propellers: All functions listed under paragraph 
(c)(1)(iv) of this appendix when applicable to the make and model 
propeller for which a rating is sought.
    (v) Test propeller pitch-changing mechanism:
    Test hydraulically, propellers and components,
    Test electrically operated propellers and components,
    Test of constant speed devices*.
    (d) An applicant for a radio rating must provide equipment and 
materials as follows:
    (1) For a Class 1 (Communications) radio rating, the equipment and 
materials necessary for efficiently performing the job functions listed 
in paragraph (4) and the following job functions:
    The testing and repair of headsets, speakers, and microphones.
    The measuring of radio transmitter power output.
    (2) For a Class 2 (Navigation) radio rating, the equipment and 
materials necessary for efficiently performing the job functions listed 
in paragraph (4) and the following job functions:
    The testing and repair of headsets.
    The testing of speakers.
    The repair of speakers.*
    The measuring of loop antenna sensitivity by appropriate methods.
    The determination and compensation for quadrantal error in aircraft 
direction finder radio equipment.
    The calibration of any radio navigational equipment, enroute and 
approach aids, or similar equipment, appropriate to this rating to 
approved performance standards.
    (3) For Class 3 (Radar) radio rating, the equipment and materials 
necessary for efficiently performing the job functions listed in 
paragraph (4) and the following job functions:
    The measuring of radio transmitter power output.
    The metal plating of transmission lines, wave guides, and similar 
equipment in accordance with appropriate specifications.*
    The pressurization of appropriate radar equipment with dry air, 
nitrogen, or other specified gases.
    (4) For all classes of radio ratings, the equipment and materials 
necessary for efficiently performing the following job functions:
    Perform physical inspection of radio systems and components by 
visual and mechanical methods.
    Perform electrical inspection of radio systems and components by 
means of appropriate electrical and/or electronic test instruments.
    Check aircraft wiring, antennas, connectors, relays, and other 
associated radio components to detect installation faults.
    Check engine ignition systems and aircraft accessories to determine 
sources of electrical interference.
    Check aircraft power supplies for adequacy and proper functioning.
    Test radio instruments.*
    Overhaul, test, and check dynamotors, inverters, and other radio 
electrical apparatus.*
    Paint and refinish equipment containers.*
    Accomplish appropriate methods of marking calibrations, or other 
information on radio control panels and other components, as required.*
    Make and reproduce drawings, wiring diagrams, and other similar 
material required to record alterations and/or modifications to radio 
(photographs may be used in lieu of drawings when they will serve as an 
equivalent or better means of recording).*
    Fabricate tuning shaft assemblies, brackets, cable assemblies, and 
other similar components used in radios or aircraft radio 
installations.*
    Align tuned circuits (RF and IF).
    Install and repair aircraft antennas.
    Install complete radio systems in aircraft and prepare weight and 
balance reports* (That phase of radio installation requiring alterations 
to the aircraft structure must be performed, supervised, and inspected 
by qualified personnel).
    Measure modulation values, noise, and distortion in radios.
    Measure audio and radio frequencies to appropriate tolerances and 
perform calibration necessary for the proper operation of radios.
    Measure radio component values (inductance, capacitance, resistance, 
etc.).
    Measure radiofrequency transmission line attenuation.
    Determine wave forms and phase in radios when applicable.
    Determine proper aircraft radio antenna, lead-in and transmission 
line characteristics and locations for type of radio equipment to which 
connected.
    Determine operational condition of radio equipment installed in 
aircraft by using appropriate portable test apparatus.
    Determine proper location for radio antennas on aircraft.
    Test all types of electronic tubes, transistors, or similar devices 
in equipment appropriate to the rating.

[[Page 68]]

    (e) An applicant for any class of instrument rating must provide 
equipment and material necessary for efficiently performing the 
following job functions, in accordance with pertinent specifications and 
manufacturers' recommendations, appropriate to the class of rating 
applied for:
    (1) Class 1. (i) Diagnose instrument malfunctions: Diagnose 
malfunctioning of the following instruments:
    Rate of climb indicators,
    Altimeters,
    Air speed indicators,
    Vacuum indicators,
    Oil pressure gauges,
    Fuel pressure gauges,
    Hydraulic pressure gauges,
    Deicing pressure gauges,
    Pitot-static tube,
    Direct indicating compasses,
    Accelerometer,
    Direct indicating tachometers,
    Direct reading fuel quantity gauges,
    Optical (sextants, drift sights, etc.)*.
    (ii) Maintain and alter instruments, including installation and 
replacement of parts:
    Perform these functions on instruments listed under paragraph 
(e)(1)(i) of this appendix.
    The function of installation includes fabrication of instrument 
panels and other installation structural components. The repair station 
should be equipped to perform this function. However, it may be 
contracted to a competent outside agency equipped to perform the 
function.
    (iii) Inspect, test and calibrate instruments: Perform these 
functions on instruments listed under paragraph (e)(1)(i) of this 
appendix, on and off the aircraft, when appropriate.
    (2) Class 2. (i) Diagnose instrument malfunctions: Diagnose 
malfunctioning of the following instruments:
    Tachometers,
    Synchroscope,
    Electric temperature indicators,
    Electric resistance type indicators,
    Moving magnet type indicators,
    Resistance type fuel indicators,
    Warning units (oil-fuel),
    Selsyn systems and indicators,
    Self-synchronous systems and indicators,
    Remote indicating compasses,
    Fuel quantity indicators,
    Oil quantity indicators,
    Radio indicators,
    Ammeters,
    Voltmeters.
    (ii) Maintain and alter instruments, including installation and the 
replacement of parts:
    Perform these functions on instruments listed under paragraph 
(e)(2)(i) of this appendix.
    The function of installation includes fabrication of instrument 
panels and other installation structural components. The repair station 
should be equipped to perform this function. However, it may be 
contracted to a competent outside agency equipped to perform the 
function.
    (iii) Inspect, test and calibrate instruments: Perform these 
functions on instruments listed under paragraph (e)(2)(i) of this 
appendix, on and off the aircraft, when appropriate.
    (3) Class 3. (i) Diagnose instrument malfunctions: Diagnose 
malfunctioning of the following instruments:
    Turn and bank indicators,
    Directional gyros,
    Horizon gyros,
    Auto pilot control units and components*,
    Remote reading direction indicators*.
    (ii) Maintain and alter instruments, including installation and 
replacement of parts:
    Perform these functions on instruments listed under paragraph 
(e)(3)(i) of this appendix.
    The function of installation includes fabrication of instrument 
panels and other installation structural components. The repair station 
should be equipped to perform this function. However, it may be 
contracted to a competent outside agency equipped to perform the 
function.
    (iii) Inspect, test and calibrate instruments: Perform these 
functions on instruments listed under paragraph (e)(3)(i) of this 
appendix, on and off the aircraft, when appropriate.
    (4) Class 4. (i) Diagnose instrument malfunctions: Diagnose 
malfunctioning of the following instruments:
    Capacitance type quantity gauge,
    Other electronic instruments,
    Engine analyzers.
    (ii) Maintain and alter instruments, including installation and 
replacement of parts:
    Perform these functions on instruments listed under paragraph 
(e)(4)(i) of this appendix.
    The function of installation includes fabrication of instrument 
panels and other installation structural components. The repair station 
should be equipped to perform this function. However, it may be 
contracted to a competent outside agency equipped to perform the 
function.
    (iii) Inspect, test and calibrate instruments: Perform these 
functions on instruments listed under paragraph (e)(4)(i) of this 
appendix, on and off the aircraft, when appropriate.
    (f) An applicant for a Class 1, 2, or 3 accessory rating must 
provide equipment and material necessary for efficiently performing the 
following job functions, in accordance

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with pertinent specifications and the manufacturers' recommendations:
    (1) Diagnose accessory malfunctions.
    (2) Maintain and alter accessories, including installation and the 
replacement of the parts.
    (3) Inspect, test, and, where necessary, calibrate accessories.

(Secs. 313, 314, and 601 through 610, of the Federal Aviation Act of 
1958, as amended (49 U.S.C. 1354, 1355, 1421 through 1430); sec. 6(c), 
Dept. of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 1157, 27 FR 11693, Nov. 28, 1962, as amended by Amdt. 145-14, 
35 FR 19349, Dec. 22, 1970; Amdt. 145-19, 47 FR 33391, Aug. 2, 1982]

    Effective Date Note: At 66 FR 41117, Aug. 6, 2001, Appendix A to 
part 145 was removed, effective Apr. 6, 2003.

    Effective Date Note: At 66 FR 41117, Aug. 6, 2001, part 145 was 
amended by revising subparts A through D, and adding subpart E, (SFAR 
No. 36 Note remains unchanged), effective Apr. 6, 2003, with the 
exception of Sec. 145.163 which is effective April 6, 2005. For the 
convenience of the user, the revised text follows:



PART 145--REPAIR STATIONS

                           Subpart A--General

Sec.
145.1  Applicability.
145.3  Definition of terms.
145.5  Certificate and operations specifications requirements.

                        Subpart B--Certification

145.51   Application for certificate.
145.53  Issue of certificate.
145.55  Duration and renewal of certificate.
145.57  Amendment to or transfer of certificate.
145.59  Ratings.
145.61  Limited ratings.

     Subpart C--Housing, Facilities, Equipment, Materials, and Data

145.101  General.
145.103  Housing and facilities requirements.
145.105  Change of location, housing, or facilities.
145.107  Satellite repair stations.
145.109  Equipment, materials, and data requirements.

                          Subpart D--Personnel

145.151  Personnel requirements.
145.153  Supervisory personnel requirements.
145.155  Inspection personnel requirements.
145.157  Personnel authorized to approve an article for return to 
          service.
145.159  Recommendation of a person for certification as a repairman.
145.161  Records of management, supervisory, and inspection personnel.
145.163  Training requirements.

                       Subpart E--Operating Rules

145.201   Privileges and limitations of certificate.
145.203  Work performed at another location.
145.205  Maintenance, preventive maintenance, and alterations performed 
          for certificate holders under parts 121, 125, and 135, and for 
          foreign air carriers or foreign persons operating a U.S.-
          registered aircraft in common carriage under part 129.
145.207  Repair station manual.
145.209  Repair station manual contents.
145.211  Quality control system.
145.213  Inspection of maintenance, preventive maintenance, or 
          alterations.
145.215  Capability list.
145.217  Contract maintenance.
145.219  Recordkeeping.
145.221  Reports of failures, malfunctions, or defects.
145.223  FAA inspections.

                           Subpart A--General

Sec. 145.1  Applicability.

    This part describes how to obtain a repair station certificate. This 
part also contains the rules a certificated repair station must follow 
related to its performance of maintenance, preventive maintenance, or 
alterations of an aircraft, airframe, aircraft engine, propeller, 
appliance, or component part to which part 43 applies. It also applies 
to any person who holds, or is required to hold, a repair station 
certificate issued under this part.

Sec. 145.3  Definition of terms.

    For the purposes of this part, the following definitions apply:
    (a) Accountable manager means the person designated by the 
certificated repair station who is responsible for and has the authority 
over all repair station operations that are conducted under part 145, 
including ensuring that repair station personnel follow the regulations 
and serving as the primary contact with the FAA.
    (b) Article means an aircraft, airframe, aircraft engine, propeller, 
appliance, or component part.
    (c) Directly in charge means having the responsibility for the work 
of a certificated repair station that performs maintenance, preventive 
maintenance, alterations, or other functions affecting aircraft 
airworthiness. A person directly in charge does not need to physically 
observe and direct each worker constantly but must be available for 
consultation on matters requiring instruction or decision from higher 
authority.
    (d) Line maintenance means--

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    (1) Any unscheduled maintenance resulting from unforeseen events; or
    (2) Scheduled checks that contain servicing and/or inspections that 
do not require specialized training, equipment, or facilities.

Sec. 145.5  Certificate and operations specifications requirements.

    (a) No person may operate as a certificated repair station without, 
or in violation of, a repair station certificate, ratings, or operations 
specifications issued under this part.
    (b) The certificate and operations specifications issued to a 
certificated repair station must be available on the premises for 
inspection by the public and the FAA.

                        Subpart B--Certification

Sec. 145.51  Application for certificate.

    (a) An application for a repair station certificate and rating must 
be made in a format acceptable to the FAA and must include the 
following:
    (1) A repair station manual acceptable to the FAA as required by 
Sec. 145.207;
    (2) A quality control manual acceptable to the FAA as required by 
Sec. 145.211(c);
    (3) A list by type, make, or model, as appropriate, of each article 
for which the application is made;
    (4) An organizational chart of the repair station and the names and 
titles of managing and supervisory personnel;
    (5) A description of the housing and facilities, including the 
physical address, in accordance with Sec. 145.103;
    (6) A list of the maintenance functions, for approval by the FAA, to 
be performed for the repair station under contract by another person in 
accordance with Sec. 145.217; and
    (7) A training program for approval by the FAA in accordance with 
Sec. 145.163.
    (b) The equipment, personnel, technical data, and housing and 
facilities required for the certificate and rating, or for an additional 
rating must be in place for inspection at the time of certification or 
rating approval by the FAA. An applicant may meet the equipment 
requirement of this paragraph if the applicant has a contract acceptable 
to the FAA with another person to make the equipment available to the 
applicant at the time of certification and at any time that it is 
necessary when the relevant work is being performed by the repair 
station.
    (c) In addition to meeting the other applicable requirements for a 
repair station certificate and rating, an applicant for a repair station 
certificate and rating located outside the United States must meet the 
following requirements:
    (1) The applicant must show that the repair station certificate and/
or rating is necessary for maintaining or altering the following:
    (i) U.S.-registered aircraft and articles for use on U.S.-registered 
aircraft, or
    (ii) Foreign-registered aircraft operated under the provisions of 
part 121 or part 135, and articles for use on these aircraft.
    (2) The applicant must show that the fee prescribed by the FAA has 
been paid.
    (d) An application for an additional rating, amended repair station 
certificate, or renewal of a repair station certificate must be made in 
a format acceptable to the FAA. The application must include only that 
information necessary to substantiate the change or renewal of the 
certificate.

Sec. 145.53  Issue of certificate.

    (a) Except as provided in paragraph (b) of this section, a person 
who meets the requirements of this part is entitled to a repair station 
certificate with appropriate ratings prescribing such operations 
specifications and limitations as are necessary in the interest of 
safety.
    (b) If the person is located in a country with which the United 
States has a bilateral aviation safety agreement, the FAA may find that 
the person meets the requirements of this part based on a certification 
from the civil aviation authority of that country. This certification 
must be made in accordance with implementation procedures signed by the 
Administrator or the Administrator's designee.

Sec. 145.55  Duration and renewal of certificate.

    (a) A certificate or rating issued to a repair station located in 
the United States is effective from the date of issue until the repair 
station surrenders it or the FAA suspends or revokes it.
    (b) A certificate or rating issued to a repair station located 
outside the United States is effective from the date of issue until the 
last day of the 12th month after the date of issue unless the repair 
station surrenders the certificate or the FAA suspends or revokes it. 
The FAA may renew the certificate or rating for 24 months if the repair 
station has operated in compliance with the applicable requirements of 
part 145 within the preceding certificate duration period.
    (c) A certificated repair station located outside the United States 
that applies for a renewal of its repair station certificate must--
    (1) Submit its request for renewal no later than 30 days before the 
repair station's current certificate expires. If a request for renewal 
is not made within this period, the repair station must follow the 
application procedures in Sec. 145.51.
    (2) Send its request for renewal to the FAA office that has 
jurisdiction over the certificated repair station.
    (d) The holder of an expired, surrendered, suspended, or revoked 
certificate must return it to the FAA.

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Sec. 145.57  Amendment to or transfer of certificate.

    (a) The holder of a repair station certificate must apply for a 
change to its certificate in a format acceptable to the FAA. A change to 
the certificate is necessary if the certificate holder--
    (1) Changes the location of the repair station, or
    (2) Requests to add or amend a rating.
    (b) If the holder of a repair station certificate sells or transfers 
its assets, the new owner must apply for an amended certificate in 
accordance with Sec. 145.51.

Sec. 145.59  Ratings.

    The following ratings are issued under this subpart:
    (a) Airframe ratings.
    (1) Class 1: Composite construction of small aircraft.
    (2) Class 2: Composite construction of large aircraft.
    (3) Class 3: All-metal construction of small aircraft.
    (4) Class 4: All-metal construction of large aircraft.
    (b) Powerplant ratings.
    (1) Class 1: Reciprocating engines of 400 horsepower or less.
    (2) Class 2: Reciprocating engines of more than 400 horsepower.
    (3) Class 3: Turbine engines.
    (c) Propeller ratings.
    (1) Class 1: Fixed-pitch and ground-adjustable propellers of wood, 
metal, or composite construction.
    (2) Class 2: Other propellers, by make.
    (d) Radio ratings.
    (1) Class 1: Communication equipment. Radio transmitting and/or 
receiving equipment used in an aircraft to send or receive 
communications in flight, regardless of carrier frequency or type of 
modulation used. This equipment includes auxiliary and related aircraft 
interphone systems, amplifier systems, electrical or electronic 
intercrew signaling devices, and similar equipment. This equipment does 
not include equipment used for navigating or aiding navigation of 
aircraft, equipment used for measuring altitude or terrain clearance, 
other measuring equipment operated on radio or radar principles, or 
mechanical, electrical, gyroscopic, or electronic instruments that are a 
part of communications radio equipment.
    (2) Class 2: Navigational equipment. A radio system used in an 
aircraft for en route or approach navigation. This does not include 
equipment operated on radar or pulsed radio frequency principles, or 
equipment used for measuring altitude or terrain clearance.
    (3) Class 3: Radar equipment. An aircraft electronic system operated 
on radar or pulsed radio frequency principles.
    (e) Instrument ratings.
    (1) Class 1: Mechanical. A diaphragm, bourdon tube, aneroid, 
optical, or mechanically driven centrifugal instrument used on aircraft 
or to operate aircraft, including tachometers, airspeed indicators, 
pressure gauges drift sights, magnetic compasses, altimeters, or similar 
mechanical instruments.
    (2) Class 2: Electrical. Self-synchronous and electrical-indicating 
instruments and systems, including remote indicating instruments, 
cylinder head temperature gauges, or similar electrical instruments.
    (3) Class 3: Gyroscopic. An instrument or system using gyroscopic 
principles and motivated by air pressure or electrical energy, including 
automatic pilot control units, turn and bank indicators, directional 
gyros, and their parts, and flux gate and gyrosyn compasses.
    (4) Class 4: Electronic. An instrument whose operation depends on 
electron tubes, transistors, or similar devices, including capacitance 
type quantity gauges, system amplifiers, and engine analyzers.
    (f) Accessory ratings.
    (1) Class 1: A mechanical accessory that depends on friction, 
hydraulics, mechanical linkage, or pneumatic pressure for operation, 
including aircraft wheel brakes, mechanically driven pumps, carburetors, 
aircraft wheel assemblies, shock absorber struts and hydraulic servo 
units.
    (2) Class 2: An electrical accessory that depends on electrical 
energy for its operation, and a generator, including starters, voltage 
regulators, electric motors, electrically driven fuel pumps magnetos, or 
similar electrical accessories.
    (3) Class 3: An electronic accessory that depends on the use of an 
electron tube transistor, or similar device, including supercharger, 
temperature, air conditioning controls, or similar electronic controls.

Sec. 145.61  Limited ratings.

    (a) The FAA may issue a limited rating to a certificated repair 
station that maintains or alters only a particular type of airframe, 
powerplant, propeller, radio, instrument, or accessory, or part thereof, 
or performs only specialized maintenance requiring equipment and skills 
not ordinarily performed under other repair station ratings. Such a 
rating may be limited to a specific model aircraft, engine, or 
constituent part, or to any number of parts made by a particular 
manufacturer.
    (b) The FAA issues limited ratings for--
    (1) Airframes of a particular make and model;
    (2) Engines of a particular make and model;
    (3) Propellers of a particular make and model;
    (4) Instruments of a particular make and model;

[[Page 72]]

    (5) Radio equipment of a particular make and model;
    (6) Accessories of a particular make and model;
    (7) Landing gear components;
    (8) Floats, by make;
    (9) Nondestructive inspection, testing, and processing;
    (10) Emergency equipment;
    (11) Rotor blades, by make and model; and
    (12) Aircraft fabric work.
    (c) For a limited rating for specialized services, the operations 
specifications of the repair station must contain the specification used 
to perform the specialized service. The specification may be--
    (1) A civil or military specification currently used by industry and 
approved by the FAA, or
    (2) A specification developed by the applicant and approved by the 
FAA.

     Subpart C--Housing, Facilities, Equipment, Materials, and Data

Sec. 145.101  General.

    A certificated repair station must provide housing, facilities, 
equipment, materials, and data that meet the applicable requirements for 
the issuance of the certificate and ratings the repair station holds.

Sec. 145.103  Housing and facilities requirements.

    (a) Each certificated repair station must provide--
    (1) Housing for the facilities, equipment, materials, and personnel 
consistent with its ratings.
    (2) Facilities for properly performing the maintenance, preventive 
maintenance, or alterations of articles or the specialized services for 
which it is rated. Facilities must include the following:
    (i) Sufficient work space and areas for the proper segregation and 
protection of articles during all maintenance, preventive maintenance, 
or alterations;
    (ii) Segregated work areas enabling environmentally hazardous or 
sensitive operations such as painting, cleaning, welding, avionics work, 
electronic work, and machining to be done properly and in a manner that 
does not adversely affect other maintenance or alteration articles or 
activities;
    (iii) Suitable racks, hoists, trays, stands, and other segregation 
means for the storage and protection of all articles undergoing 
maintenance, preventive maintenance, or alterations;
    (iv) Space sufficient to segregate articles and materials stocked 
for installation from those articles undergoing maintenance, preventive 
maintenance, or alterations; and
    (v) Ventilation, lighting, and control of temperature, humidity, and 
other climatic conditions sufficient to ensure personnel perform 
maintenance, preventive maintenance, or alterations to the standards 
required by this part.
    (b) A certificated repair station with an airframe rating must 
provide suitable permanent housing to enclose the largest type and model 
of aircraft listed on its operations specifications.
    (c) A certificated repair station may perform maintenance, 
preventive maintenance, or alterations on articles outside of its 
housing if it provides suitable facilities that are acceptable to the 
FAA and meet the requirements of Sec. 145.103(a) so that the work can be 
done in accordance with the requirements of part 43 of this chapter.

Sec. 145.105  Change of location, housing, or facilities.

    (a) A certificated repair station may not change the location of its 
housing without written approval from the FAA.
    (b) A certificated repair station may not make any changes to its 
housing or facilities required by Sec. 145.103 that could have a 
significant effect on its ability to perform the maintenance, preventive 
maintenance, or alterations under its repair station certificate and 
operations specifications without written approval from the FAA.
    (c) The FAA may prescribe the conditions, including any limitations, 
under which a certificated repair station must operate while it is 
changing its location, housing, or facilities.

Sec. 145.107  Satellite repair stations.

    (a) A certificated repair station under the managerial control of 
another certificated repair station may operate as a satellite repair 
station with its own certificate issued by the FAA. A satellite repair 
station--
    (1) May not hold a rating not held by the certificated repair 
station with managerial control;
    (2) Must meet the requirements for each rating it holds;
    (3) Must submit a repair station manual acceptable to the FAA as 
required by Sec. 145.207; and
    (4) Must submit a quality control manual acceptable to the FAA as 
required by Sec. 145.211(c).
    (b) Unless the FAA indicates otherwise, personnel and equipment from 
the certificated repair station with managerial control and from each of 
the satellite repair stations may be shared. However, inspection 
personnel must be designated for each satellite repair station and 
available at the satellite repair station any time a determination of 
airworthiness or return to service is made. In other circumstances, 
inspection personnel may be away from the premises but must be available 
by telephone, radio, or other electronic means.

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    (c) A satellite repair station may not be located in a country other 
than the domicile country of the certificated repair station with 
managerial control.

Sec. 145.109  Equipment, materials, and data requirements.

    (a) Except as otherwise prescribed by the FAA, a certificated repair 
station must have the equipment, tools, and materials necessary to 
perform the maintenance, preventive maintenance, or alterations under 
its repair station certificate and operations specifications in 
accordance with part 43. The equipment, tools, and material must be 
located on the premises and under the repair station's control when the 
work is being done.
    (b) A certificated repair station must ensure all test and 
inspection equipment and tools used to make airworthiness determinations 
on articles are calibrated to a standard acceptable to the FAA.
    (c) The equipment, tools, and material must be those recommended by 
the manufacturer of the article or must be at least equivalent to those 
recommended by the manufacturer and acceptable to the FAA.
    (d) A certificated repair station must maintain, in a format 
acceptable to the FAA, the documents and data required for the 
performance of maintenance, preventive maintenance, or alterations under 
its repair station certificate and operations specifications in 
accordance with part 43. The following documents and data must be 
current and accessible when the relevant work is being done:
    (1) Airworthiness directives,
    (2) Instructions for continued airworthiness,
    (3) Maintenance manuals,
    (4) Overhaul manuals,
    (5) Standard practice manuals,
    (6) Service bulletins, and
    (7) Other applicable data acceptable to or approved by the FAA.

                          Subpart D--Personnel

Sec. 145.151  Personnel requirements.

    Each certificated repair station must--
    (a) Designate a repair station employee as the accountable manager;
    (b) Provide qualified personnel to plan, supervise, perform, and 
approve for return to service the maintenance, preventive maintenance, 
or alterations performed under the repair station certificate and 
operations specifications;
    (c) Ensure it has a sufficient number of employees with the training 
or knowledge and experience in the performance of maintenance, 
preventive maintenance, or alterations authorized by the repair station 
certificate and operations specifications to ensure all work is 
performed in accordance with part 43; and
    (d) Determine the abilities of its noncertificated employees 
performing maintenance functions based on training, knowledge, 
experience, or practical tests.

Sec. 145.153  Supervisory personnel requirements.

    (a) A certificated repair station must ensure it has a sufficient 
number of supervisors to direct the work performed under the repair 
station certificate and operations specifications. The supervisors must 
oversee the work performed by any individuals who are unfamiliar with 
the methods, techniques, practices, aids, equipment, and tools used to 
perform the maintenance, preventive maintenance, or alterations.
    (b) Each supervisor must--
    (1) If employed by a repair station located inside the United 
States, be certificated under part 65.
    (2) If employed by a repair station located outside the United 
States--
    (i) Have a minimum of 18 months of practical experience in the work 
being performed; or
    (ii) Be trained in or thoroughly familiar with the methods, 
techniques, practices, aids, equipment, and tools used to perform the 
maintenance, preventive maintenance, or alterations.
    (c) A certificated repair station must ensure its supervisors 
understand, read, and write English.

Sec. 145.155  Inspection personnel requirements.

    (a) A certificated repair station must ensure that persons 
performing inspections under the repair station certificate and 
operations specifications are--
    (1) Thoroughly familiar with the applicable regulations in this 
chapter and with the inspection methods, techniques, practices, aids, 
equipment, and tools used to determine the airworthiness of the article 
on which maintenance, preventive maintenance, or alterations are being 
performed; and
    (2) Proficient in using the various types of inspection equipment 
and visual inspection aids appropriate for the article being inspected; 
and
    (b) A certificated repair station must ensure its inspectors 
understand, read, and write English.

Sec. 145.157  Personnel authorized to approve an article for return to 
          service.

    (a) A certificated repair station located inside the United States 
must ensure each person authorized to approve an article for return to 
service under the repair station certificate and operations 
specifications is certificated under part 65.

[[Page 74]]

    (b) A certificated repair station located outside the United States 
must ensure each person authorized to approve an article for return to 
service under the repair station certificate and operations 
specifications is--
    (1) Trained in or has 18 months practical experience with the 
methods, techniques, practices, aids, equipment, and tools used to 
perform the maintenance, preventive maintenance, or alterations; and
    (2) Thoroughly familiar with the applicable regulations in this 
chapter and proficient in the use of the various inspection methods, 
techniques, practices, aids, equipment, and tools appropriate for the 
work being performed and approved for return to service.
    (c) A certificated repair station must ensure each person authorized 
to approve an article for return to service understands, reads, and 
writes English.

Sec. 145.159  Recommendation of a person for certification as a 
          repairman.

    A certificated repair station that chooses to use repairmen to meet 
the applicable personnel requirements of this part must certify in a 
format acceptable to the FAA that each person recommended for 
certification as a repairman--
    (a) Is employed by the repair station, and
    (b) Meets the eligibility requirements of Sec. 65.101.

Sec. 145.161  Records of management, supervisory, and inspection 
          personnel.

    (a) A certificated repair station must maintain and make available 
in a format acceptable to the FAA the following:
    (1) A roster of management and supervisory personnel that includes 
the names of the repair station officials who are responsible for its 
management and the names of its supervisors who oversee maintenance 
functions.
    (2) A roster with the names of all inspection personnel.
    (3) A roster of personnel authorized to sign a maintenance release 
for approving a maintained or altered article for return to service.
    (4) A summary of the employment of each individual whose name is on 
the personnel rosters required by paragraphs (a)(1) through (a)(3) of 
this section. The summary must contain enough information on each 
individual listed on the roster to show compliance with the experience 
requirements of this part and must include the following:
    (i) Present title,
    (ii) Total years of experience and the type of maintenance work 
performed,
    (iii) Past relevant employment with names of employers and periods 
of employment,
    (iv) Scope of present employment, and
    (v) The type of mechanic or repairman certificate held and the 
ratings on that certificate, if applicable.
    (b) Within 5 business days of the change, the rosters required by 
this section must reflect changes caused by termination, reassignment, 
change in duties or scope of assignment, or addition of personnel.

Sec. 145.163  Training requirements.

    (a) A certificated repair station must have an employee training 
program approved by the FAA that consists of initial and recurrent 
training. For purposes of meeting the requirements of this paragraph, 
beginning April 6, 2005--
    (1) An applicant for a repair station certificate must submit a 
training program for approval by the FAA as required by 
Sec. 145.51(a)(7).
    (2) A repair station certificated before that date must submit its 
training program to the FAA for approval by the last day of the month in 
which its repair station certificate was issued.
    (b) The training program must ensure each employee assigned to 
perform maintenance, preventive maintenance, or alterations, and 
inspection functions is capable of performing the assigned task.
    (c) A certificated repair station must document, in a format 
acceptable to the FAA, the individual employee training required under 
paragraph (a) of this section. These training records must be retained 
for a minimum of 2 years.
    (d) A certificated repair station must submit revisions to its 
training program to its certificate holding district office in 
accordance with the procedures required by Sec. 145.209(e).

                       Subpart E--Operating Rules

Sec. 145.201  Privileges and limitations of certificate.

    (a) A certificated repair station may--
    (1) Perform maintenance, preventive maintenance, or alterations in 
accordance with part 43 on any article for which it is rated and within 
the limitations in its operations specifications.
    (2) Arrange for another person to perform the maintenance, 
preventive maintenance, or alterations of any article for which the 
certificated repair station is rated. If that person is not certificated 
under part 145, the certificated repair station must ensure that the 
noncertificated person follows a quality control system equivalent to 
the system followed by the certificated repair station.
    (3) Approve for return to service any article for which it is rated 
after it has performed maintenance, preventive maintenance, or an 
alteration in accordance with part 43.
    (b) A certificated repair station may not maintain or alter any 
article for which it is not rated, and may not maintain or alter any

[[Page 75]]

article for which it is rated if it requires special technical data, 
equipment, or facilities that are not available to it.
    (c) A certificated repair station may not approve for return to 
service'
    (1) Any article unless the maintenance, preventive maintenance, or 
alteration was performed in accordance with the applicable approved 
technical data or data acceptable to the FAA.
    (2) Any article after a major repair or major alteration unless the 
major repair or major alteration was performed in accordance with 
applicable approved technical data; and
    (3) Any experimental aircraft after a major repair or major 
alteration performed under Sec. 43.1(b) unless the major repair or major 
alteration was performed in accordance with methods and applicable 
technical data acceptable to the FAA.

Sec. 145.203  Work performed at another location.

    A certificated repair station may temporarily transport material, 
equipment, and personnel needed to perform maintenance, preventive 
maintenance, alterations, or certain specialized services on an article 
for which it is rated to a place other than the repair station's fixed 
location if the following requirements are met:
    (a) The work is necessary due to a special circumstance, as 
determined by the FAA; or
    (b) It is necessary to perform such work on a recurring basis, and 
the repair station's manual includes the procedures for accomplishing 
maintenance, preventive maintenance, alterations, or specialized 
services at a place other than the repair station's fixed location.

Sec. 145.205  Maintenance, preventive maintenance, and alterations 
          performed for certificate holders under parts 121, 125, and 
          135, and for foreign air carriers or foreign persons operating 
          a U.S.-registered aircraft in common carriage under part 129.

    (a) A certificated repair station that performs maintenance, 
preventive maintenance, or alterations for an air carrier or commercial 
operator that has a continuous airworthiness maintenance program under 
part 121 or part 135 must follow the air carrier's or commercial 
operator's program and applicable sections of its maintenance manual.
    (b) A certificated repair station that performs inspections for a 
certificate holder conducting operations under part 125 must follow the 
operator's FAA-approved inspection program.
    (c) A certificated repair station that performs maintenance, 
preventive maintenance, or alterations for a foreign air carrier or 
foreign person operating a U.S.-registered aircraft under part 129 must 
follow the operator's FAA-approved maintenance program.
    (d) Notwithstanding the housing requirement of Sec. 145.103(b), the 
FAA may grant approval for a certificated repair station to perform line 
maintenance for an air carrier certificated under part 121 or part 135, 
or a foreign air carrier or foreign person operating a U.S.-registered 
aircraft in common carriage under part 129 on any aircraft of that air 
carrier or person, provided--
    (1) The certificated repair station performs such line maintenance 
in accordance with the operator's manual, if applicable, and approved 
maintenance program;
    (2) The certificated repair station has the necessary equipment, 
trained personnel, and technical data to perform such line maintenance; 
and
    (3) The certificated repair station's operations specifications 
include an authorization to perform line maintenance.

Sec. 145.207  Repair station manual.

    (a) A certificated repair station must prepare and follow a repair 
station manual acceptable to the FAA.
    (b) A certificated repair station must maintain a current repair 
station manual.
    (c) A certificated repair station's current repair station manual 
must be accessible for use by repair station personnel required by 
subpart D of this part.
    (d) A certificated repair station must provide to its certificate 
holding district office the current repair station manual in a format 
acceptable to the FAA.
    (e) A certificated repair station must notify its certificate 
holding district office of each revision of its repair station manual in 
accordance with the procedures required by Sec. 145.209(j).

Sec. 145.209  Repair station manual contents.

    A certificated repair station's manual must include the following:
    (a) An organizational chart identifying--
    (1) Each management position with authority to act on behalf of the 
repair station,
    (2) The area of responsibility assigned to each management position, 
and
    (3) The duties, responsibilities, and authority of each management 
position;
    (b) Procedures for maintaining and revising the rosters required by 
Sec. 145.161;
    (c) A description of the certificated repair station's operations, 
including the housing, facilities, equipment, and materials as required 
by subpart C of this part;
    (d) Procedures for--
    (1) Revising the capability list provided for in Sec. 145.215 and 
notifying the certificate holding district office of revisions to the 
list, including how often the certificate holding district office will 
be notified of revisions; and

[[Page 76]]

    (2) The self-evaluation required under Sec. 145.215(c) for revising 
the capability list, including methods and frequency of such 
evaluations, and procedures for reporting the results to the appropriate 
manager for review and action;
    (e) Procedures for revising the training program required by 
Sec. 145.163 and submitting revisions to the certificate holding 
district office for approval;
    (f) Procedures to govern work performed at another location in 
accordance with Sec. 145.203;
    (g) Procedures for maintenance, preventive maintenance, or 
alterations performed under Sec. 145.205;
    (h)Procedures for--
    (1) Maintaining and revising the contract maintenance information 
required by Sec. 145.217(a)(2)(i), including submitting revisions to the 
certificate holding district office for approval; and
    (2) Maintaining and revising the contract maintenance information 
required by Sec. 145.217(a)(2)(ii) and notifying the certificate holding 
district office of revisions to this information, including how often 
the certificate holding district office will be notified of revisions;
    (i) A description of the required records and the recordkeeping 
system used to obtain, store, and retrieve the required records;
    (j) Procedures for revising the repair station's manual and 
notifying its certificate holding district office of revisions to the 
manual, including how often the certificate holding district office will 
be notified of revisions; and
    (k) A description of the system used to identify and control 
sections of the repair station manual.

Sec. 145.211  Quality control system.

    (a) A certificated repair station must establish and maintain a 
quality control system acceptable to the FAA that ensures the 
airworthiness of the articles on which the repair station or any of its 
contractors performs maintenance, preventive maintenance, or 
alterations.
    (b) Repair station personnel must follow the quality control system 
when performing maintenance, preventive maintenance, or alterations 
under the repair station certificate and operations specifications.
    (c) A certificated repair station must prepare and keep current a 
quality control manual in a format acceptable to the FAA that includes 
the following:
    (1) A description of the system and procedures used for--
    (i) Inspecting incoming raw materials to ensure acceptable quality;
    (ii) Performing preliminary inspection of all articles that are 
maintained;
    (iii) Inspecting all articles that have been involved in an accident 
for hidden damage before maintenance, preventive maintenance, or 
alteration is performed;
    (iv) Establishing and maintaining proficiency of inspection 
personnel;
    (v) Establishing and maintaining current technical data for 
maintaining articles;
    (vi) Qualifying and surveilling noncertificated persons who perform 
maintenance, prevention maintenance, or alterations for the repair 
station;
    (vii) Performing final inspection and return to service of 
maintained articles;
    (viii) Calibrating measuring and test equipment used in maintaining 
articles, including the intervals at which the equipment will be 
calibrated; and
    (ix) Taking corrective action on deficiencies;
    (2) References, where applicable, to the manufacturer's inspection 
standards for a particular article, including reference to any data 
specified by that manufacturer;
    (3) A sample of the inspection and maintenance forms and 
instructions for completing such forms or a reference to a separate 
forms manual; and
    (4) Procedures for revising the quality control manual required 
under this section and notifying the certificate holding district office 
of the revisions, including how often the certificate holding district 
office will be notified of revisions.
    (d) A certificated repair station must notify its certificate 
holding district office of revisions to its quality control manual.

Sec. 145.213  Inspection of maintenance, preventive maintenance, or 
          alterations.

    (a) A certificated repair station must inspect each article upon 
which it has performed maintenance, preventive maintenance, or 
alterations as described in paragraphs (b) and (c) of this section 
before approving that article for return to service.
    (b) A certificated repair station must certify on an article's 
maintenance release that the article is airworthy with respect to the 
maintenance, preventive maintenance, or alterations performed after--
    (1) The repair station performs work on the article; and
    (2) An inspector inspects the article on which the repair station 
has performed work and determines it to be airworthy with respect to the 
work performed.
    (c) For the purposes of paragraphs (a) and (b) of this section, an 
inspector must meet the requirements of Sec. 145.155.
    (d) Except for individuals employed by a repair station located 
outside the United States, only an employee certificated under part 65 
is authorized to sign off on final inspections and maintenance releases 
for the repair station.

[[Page 77]]

Sec. 145.215  Capability list.

    (a) A certificated repair station with a limited rating may perform 
maintenance, preventive maintenance, or alterations on an article if the 
article is listed on a current capability list acceptable to the FAA or 
on the repair station's operations specifications.
    (b) The capability list must identify each article by make and model 
or other nomenclature designated by the article's manufacturer and be 
available in a format acceptable to the FAA.
    (c) An article may be listed on the capability list only if the 
article is within the scope of the ratings of the repair station's 
certificate, and only after the repair station has performed a self-
evaluation in accordance with the procedures under Sec. 145.209(d)(2). 
The repair station must perform this self-evaluation to determine that 
the repair station has all of the housing, facilities, equipment, 
material, technical data, processes, and trained personnel in place to 
perform the work on the article as required by part 145. The repair 
station must retain on file documentation of the evaluation.
    (d) Upon listing an additional article on its capability list, the 
repair station must provide its certificate holding district office with 
a copy of the revised list in accordance with the procedures required in 
Sec. 145.209(d)(1).

Sec. 145.217  Contract maintenance.

    (a) A certificated repair station may contract a maintenance 
function pertaining to an article to an outside source provided--
    (1) The FAA approves the maintenance function to be contracted to 
the outside source; and
    (2) The repair station maintains and makes available to its 
certificate holding district office, in a format acceptable to the FAA, 
the following information:
    (i) The maintenance functions contracted to each outside facility; 
and
    (ii) The name of each outside facility to whom the repair station 
contracts maintenance functions and the type of certificate and ratings, 
if any, held by each facility.
    (b) A certificated repair station may contract a maintenance 
function pertaining to an article to a noncertificated person provided--
    (1) The noncertificated person follows a quality control system 
equivalent to the system followed by the certificated repair station;
    (2) The certificated repair station remains directly in charge of 
the work performed by the noncertificated person; and
    (3) The certificated repair station verifies, by test and/or 
inspection, that the work has been performed satisfactorily by the 
noncertificated person and that the article is airworthy before 
approving it for return to service.
    (c) A certificated repair station may not provide only approval for 
return to service of a complete type-certificated product following 
contract maintenance, preventive maintenance, or alterations.

Sec. 145.219  Recordkeeping.

    (a) A certificated repair station must retain records in English 
that demonstrate compliance with the requirements of part 43. The 
records must be retained in a format acceptable to the FAA.
    (b) A certificated repair station must provide a copy of the 
maintenance release to the owner or operator of the article on which the 
maintenance, preventive maintenance, or alteration was performed.
    (c) A certificated repair station must retain the records required 
by this section for at least 2 years from the date the article was 
approved for return to service.
    (d) A certificated repair station must make all required records 
available for inspection by the FAA and the National Transportation 
Safety Board.

Sec. 145.221  Reports of failures, malfunctions, or defects.

    (a) A certificated repair station must report to the FAA within 96 
hours after it discovers any failure, malfunction, or defect of an 
article. The report must be in a format acceptable to the FAA.
    (b) The report required under paragraph (a) of this section must 
include as much of the following information as is available:
    (1) Aircraft registration number;
    (2) Type, make, and model of the article;
    (3) Date of the discovery of the failure, malfunction, or defect;
    (4) Nature of the failure, malfunction, or defect;
    (5) Time since last overhaul, if applicable;
    (6) Apparent cause of the failure, malfunction, or defect; and
    (7) Other pertinent information that is necessary for more complete 
identification, determination of seriousness, or corrective action.
    (c) The holder of a repair station certificate that is also the 
holder of a part 121, 125, or 135 certificate; type certificate 
(including a supplemental type certificate); parts manufacturer 
approval; or technical standard order authorization, or that is the 
licensee of a type certificate holder, does not need to report a 
failure, malfunction, or defect under this section if the failure, 
malfunction, or defect has been reported under Sec. 21.3, 121.703, 
121.704, 125.409, 125.410, 135.415, or 135.416 of this chapter.
    (d) A certificated repair station may submit a service difficulty 
report (operational or structural) for the following:
    (1) A part 121 certificate holder under Sec. 121.703(g) or 
Sec. 121.704(f), provided the report meets the requirements of 
Secs. 121.703(d) and

[[Page 78]]

121.703(e), or Secs. 121.704(c) and 121.704(d) of this chapter, as 
appropriate.
    (2) A part 125 certificate holder under Sec. 125.409(g) or 
Sec. 125.410(f), provided the report meets the requirements of 
Secs. 125.409(d) and 125.409(e), or Secs. 125.410(c) and 125.410(d) of 
this chapter, as appropriate;
    (3) A part 135 certificate holder under Sec. 135.415(g) or 
Sec. 135.416(f), provided the report meets the requirements of 
Secs. 135.415(d) and 135.415(e), or Sec. 135.416(c) and 135.416(d) of 
the chapter, as appropriate.
    (e) A certificated repair station authorized to report a failure, 
malfunction, or defect under paragraph (d) of this section must not 
report the same failure, malfunction, or defect under paragraph (a) of 
this section. A copy of the report submitted under paragraph (d) of this 
section must be forwarded to the certificate holder.

Sec. 145.223  FAA inspections.

    (a) A certificated repair station must allow the FAA to inspect that 
repair station at any time to determine compliance with this chapter.
    (b) A certificated repair station may not contract for the 
performance of a maintenance function on an article with a 
noncertificated person unless it provides in its contract with the 
noncertificated person that the FAA may make an inspection and observe 
the performance of the noncertificated person's work on the article.
    (c) A certificated repair station may not return to service any 
article on which a maintenance function was performed by a 
noncertificated person if the noncertificated person does not permit the 
FAA to make the inspection described in paragraph (b) of this section.



PART 147--AVIATION MAINTENANCE TECHNICIAN SCHOOLS--Table of Contents




                           Subpart A--General

Sec.
147.1  Applicability.
147.3  Certificate required.
147.5  Application and issue.
147.7  Duration of certificates.

                  Subpart B--Certification Requirements

147.11  Ratings.
147.13  Facilities, equipment, and material requirements.
147.15  Space requirements.
147.17  Instructional equipment requirements.
147.19  Materials, special tools, and shop equipment requirements.
147.21  General curriculum requirements.
147.23  Instructor requirements.

                       Subpart C--Operating Rules

147.31  Attendance and enrollment, tests, and credit for prior 
          instruction or experience.
147.33  Records.
147.35  Transcripts and graduation certificates.
147.36  Maintenance of instructor requirements.
147.37  Maintenance of facilities, equipment, and material.
147.38  Maintenance of curriculum requirements.
147.38a  Quality of instruction.
147.39  Display of certificate.
147.41  Change of location.
147.43  Inspection.
147.45  Advertising.

Appendix A to Part 147--Curriculum Requirements
Appendix B to Part 147--General Curriculum Subjects
Appendix C to Part 147--Airframe Curriculum Subjects
Appendix D to Part 147--Powerplant Curriculum Subjects

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707-44709.

    Source: Docket No. 1157, 27 FR 6669 July 13, 1962, unless otherwise 
noted.



                           Subpart A--General



Sec. 147.1  Applicability.

    This part prescribes the requirements for issuing aviation 
maintenance technician school certificates and associated ratings and 
the general operating rules for the holders of those certificates and 
ratings.



Sec. 147.3  Certificate required.

    No person may operate as a certificated aviation maintenance 
technician school without, or in violation of, an aviation maintenance 
technician school certificate issued under this part.

[Doc. No. 15196, 41 FR 47230, Oct. 28, 1976]



Sec. 147.5  Application and issue.

    (a) An application for a certificate and rating, or for an 
additional rating, under this part is made on a form and in a manner 
prescribed by the Administrator, and submitted with--
    (1) A description of the proposed curriculum;
    (2) A list of the facilities and materials to be used;

[[Page 79]]

    (3) A list of its instructors, including the kind of certificate and 
ratings held and the certificate numbers; and
    (4) A statement of the maximum number of students it expects to 
teach at any one time.
    (b) An applicant who meets the requirements of this part is entitled 
to an aviation maintenance technician school certificate and associated 
ratings prescribing such operations specifications and limitations as 
are necessary in the interests of safety.

[Docket No. 1157, 27 FR 6669, July 13, 1962, as amended by Amdt. 147-5, 
57 FR 28959, June 29, 1992]



Sec. 147.7  Duration of certificates.

    (a) An aviation maintenance technician school certificate or rating 
is effective until it is surrendered, suspended, or revoked.
    (b) The holder of a certificate that is surrendered, suspended, or 
revoked, shall return it to the Administrator.

[Doc. No. 1157, 27 FR 6669, July 19, 1962, as amended by Amdt. 147-3, 41 
FR 47230, Oct. 28, 1976]



                  Subpart B--Certification Requirements



Sec. 147.11  Ratings.

    The following ratings are issued under this part:
    (a) Airframe.
    (b) Powerplant.
    (c) Airframe and powerplant.



Sec. 147.13  Facilities, equipment, and material requirements.

    An applicant for an aviation maintenance technician school 
certificate and rating, or for an additional rating, must have at least 
the facilities, equipment, and materials specified in Secs. 147.15 to 
147.19 that are appropriate to the rating he seeks.



Sec. 147.15  Space requirements.

    An applicant for an aviation maintenance technician school 
certificate and rating, or for an additional rating, must have such of 
the following properly heated, lighted, and ventilated facilities as are 
appropriate to the rating he seeks and as the Administrator determines 
are appropriate for the maximum number of students expected to be taught 
at any time:
    (a) An enclosed classroom suitable for teaching theory classes.
    (b) Suitable facilities, either central or located in training 
areas, arranged to assure proper separation from the working space, for 
parts, tools, materials, and similar articles.
    (c) Suitable area for application of finishing materials, including 
paint spraying.
    (d) Suitable areas equipped with washtank and degreasing equipment 
with air pressure or other adequate cleaning equipment.
    (e) Suitable facilities for running engines.
    (f) Suitable area with adequate equipment, including benches, 
tables, and test equipment, to disassemble, service, and inspect.
    (1) Ignition, electrical equipment, and appliances;
    (2) Carburetors and fuel systems; and
    (3) Hydraulic and vacuum systems for aircraft, aircraft engines, and 
their appliances.
    (g) Suitable space with adequate equipment, including tables, 
benches, stands, and jacks, for disassembling, inspecting, and rigging 
aircraft.
    (h) Suitable space with adequate equipment for disassembling, 
inspecting, assembling, troubleshooting, and timing engines.

[Amdt. 147-2, 35 FR 5533, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28959, June 29, 1992]



Sec. 147.17  Instructional equipment requirements.

    (a) An applicant for a mechanic school certificate and rating, or 
for an additional rating, must have such of the following instructional 
equipment as is appropriate to the rating he seeks:
    (1) Various kinds of airframe structures, airframe systems and 
components, powerplants, and powerplant systems and components 
(including propellers), of a quantity and type suitable to complete the 
practical projects required by its approved curriculums.
    (2) At least one aircraft of a type currently certificated by FAA 
for private

[[Page 80]]

or commercial operation, with powerplant, propeller, instruments, 
navigation and communications equipment, landing lights, and other 
equipment and accessories on which a maintenance technician might be 
required to work and with which the technician should be familiar.
    (b) The equipment required by paragraph (a) of this section need not 
be in an airworthy condition. However, if it was damaged, it must have 
been repaired enough for complete assembly.
    (c) Airframes, powerplants, propellers, appliances, and components 
thereof, on which instruction is to be given, and from which practical 
working experience is to be gained, must be so diversified as to show 
the different methods of construction, assembly, inspection, and 
operation when installed in an aircraft for use. There must be enough 
units so that not more than eight students will work on any one unit at 
a time.
    (d) If the aircraft used for instructional purposes does not have 
retractable landing gear and wing flaps, the school must provide 
training aids, or operational mock-ups of them.

[Doc. No. 1157, 27 FR 6669, July 19, 1962, as amended by Amdt. 147-5, 57 
FR 28959, June 29, 1992]



Sec. 147.19  Materials, special tools, and shop equipment requirements.

    An applicant for an aviation maintenance technician school 
certificate and rating, or for an additional rating, must have an 
adequate supply of material, special tools, and such of the shop 
equipment as are appropriate to the approved curriculum of the school 
and are used in constructing and maintaining aircraft, to assure that 
each student will be properly instructed. The special tools and shop 
equipment must be in satisfactory working condition for the purpose for 
which they are to be used.

[Amdt. 147-5, 57 FR 28959, June 29, 1992]



Sec. 147.21  General curriculum requirements.

    (a) An applicant for an aviation maintenance technician school 
certificate and rating, or for an additional rating, must have an 
approved curriculum that is designed to qualify his students to perform 
the duties of a mechanic for a particular rating or ratings.
    (b) The curriculum must offer at least the following number of hours 
of instruction for the rating shown, and the instruction unit hour shall 
not be less than 50 minutes in length--
    (1) Airframe--1,150 hours (400 general plus 750 airframe).
    (2) Powerplant--1,150 hours (400 general plus 750 powerplant).
    (3) Combined airframe and powerplant--1,900 hours (400 general plus 
750 airframe and 750 powerplant).
    (c) The curriculum must cover the subjects and items prescribed in 
appendixes B, C, or D, as applicable. Each item must be taught to at 
least the indicated level of proficiency, as defined in appendix A.
    (d) The curriculum must show--
    (1) The required practical projects to be completed;
    (2) For each subject, the proportions of theory and other 
instruction to be given; and
    (3) A list of the minimum required school tests to be given.
    (e) Notwithstanding the provisions of paragraphs (a) through (d) of 
this section and Sec. 147.11, the holder of a certificate issued under 
subpart B of this part may apply for and receive approval of special 
courses in the performance of special inspection and preventive 
maintenance programs for a primary category aircraft type certificated 
under Sec. 21.24(b) of this chapter. The school may also issue 
certificates of competency to persons successfully completing such 
courses provided that all other requirements of this part are met and 
the certificate of competency specifies the aircraft make and model to 
which the certificate applies.

[Doc. No. 1157, 27 FR 6669, July 13, 1962 as amended by Amdt. 147-1, 32 
FR 5770 Apr. 11, 1967; Amdt. 147-5, 57 FR 28959, June 29, 1992; Amdt. 
147-6, 57 FR 41370, Sept. 9, 1992]



Sec. 147.23  Instructor requirements.

    An applicant for an aviation maintenance technician school 
certificate and rating, or for an additional rating, must provide the 
number of instructors holding appropriate mechanic certificates and 
ratings that the Administrator determines necessary to provide

[[Page 81]]

adequate instruction and supervision of the students, including at least 
one such instructor for each 25 students in each shop class. However, 
the applicant may provide specialized instructors, who are not 
certificated mechanics, to teach mathematics, physics, basic 
electricity, basic hydraulics, drawing, and similar subjects. The 
applicant is required to maintain a list of the names and qualifications 
of specialized instructors, and upon request, provide a copy of the list 
to the FAA.

[Amdt. 147-5, 57 FR 28959, June 29, 1992]



                       Subpart C--Operating Rules



Sec. 147.31  Attendance and enrollment, tests, and credit for prior instruction or experience.

    (a) A certificated aviation maintenance technician school may not 
require any student to attend classes of instruction more than 8 hours 
in any day or more than 6 days or 40 hours in any 7-day period.
    (b) Each school shall give an appropriate test to each student who 
completes a unit of instruction as shown in that school's approved 
curriculum.
    (c) A school may not graduate a student unless he has completed all 
of the appropriate curriculum requirements. However, the school may 
credit a student with instruction or previous experience as follows:
    (1) A school may credit a student with instruction satisfactorily 
completed at--
    (i) An accredited university, college, junior college;
    (ii) An accredited vocational, technical, trade or high school;
    (iii) A military technical school;
    (iv) A certificated aviation maintenance technician school.
    (2) A school may determine the amount of credit to be allowed--
    (i) By an entrance test equal to one given to the students who 
complete a comparable required curriculum subject at the crediting 
school;
    (ii) By an evaluation of an authenticated transcript from the 
student's former school; or
    (iii) In the case of an applicant from a military school, only on 
the basis of an entrance test.
    (3) A school may credit a student with previous aviation maintenance 
experience comparable to required curriculum subjects. It must determine 
the amount of credit to be allowed by documents verifying that 
experience, and by giving the student a test equal to the one given to 
students who complete the comparable required curriculum subject at the 
school.
    (4) A school may credit a student seeking an additional rating with 
previous satisfactory completion of the general portion of an AMTS 
curriculum.
    (d) A school may not have more students enrolled than the number 
stated in its application for a certificate, unless it amends its 
application and has it approved.
    (e) A school shall use an approved system for determining final 
course grades and for recording student attendance. The system must show 
hours of absence allowed and show how the missed material will be made 
available to the student.

[Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-4, 43 FR 
22643, May 25, 1978; Amdt. 147-5, 57 FR 28959, June 29, 1992]



Sec. 147.33  Records.

    (a) Each certificated aviation maintenance technician school shall 
keep a current record of each student enrolled, showing--
    (1) His attendance, tests, and grades received on the subjects 
required by this part;
    (2) The instruction credited to him under Sec. 147.31(c), if any; 
and
    (3) The authenticated transcript of his grades from that school.

It shall retain the record for at least two years after the end of the 
student's enrollment, and shall make each record available for 
inspection by the Administrator during that period.
    (b) Each school shall keep a current progress chart or individual 
progress record for each of its students, showing the practical projects 
or laboratory work completed, or to be completed, by the student in each 
subject.

[Doc. No. 1157, 27 FR 6669, July 13, 1962]

[[Page 82]]



Sec. 147.35  Transcripts and graduation certificates.

    (a) Upon request, each certificated aviation maintenance technician 
school shall provide a transcript of the student's grades to each 
student who is graduated from that school or who leaves it before being 
graduated. An official of the school shall authenticate the transcript. 
The transcript must state the curriculum in which the student was 
enrolled, whether the student satisfactorily completed that curriculum, 
and the final grades the student received.
    (b) Each school shall give a graduation certificate or certificate 
of completion to each student that it graduates. An official of the 
school shall authenticate the certificate. The certificate must show the 
date of graduation and the approved curriculum title.

[Doc. No. 1157, 27 FR 6669, July 13, 1962, as amended by Amdt. 147-5, 57 
FR 28959, June 29, 1992]



Sec. 147.36  Maintenance of instructor requirements.

    Each certificated aviation maintenance technician school shall, 
after certification or addition of a rating, continue to provide the 
number of instructors holding appropriate mechanic certificates and 
ratings that the Administrator determines necessary to provide adequate 
instruction to the students, including at least one such instructor for 
each 25 students in each shop class. The school may continue to provide 
specialized instructors who are not certificated mechanics to teach 
mathematics, physics, drawing, basic electricity, basic hydraulics, and 
similar subjects.

[Amdt. 147-5, 57 FR 28959, June 29, 1992]



Sec. 147.37  Maintenance of facilities, equipment, and material.

    (a) Each certificated aviation maintenance technician school shall 
provide facilities, equipment, and material equal to the standards 
currently required for the issue of the certificate and rating that it 
holds.
    (b) A school may not make a substantial change in facilities, 
equipment, or material that have been approved for a particular 
curriculum, unless that change is approved in advance.



Sec. 147.38  Maintenance of curriculum requirements.

    (a) Each certificated aviation maintenance technician school shall 
adhere to its approved curriculum. With FAA approval, curriculum 
subjects may be taught at levels exceeding those shown in appendix A of 
this part.
    (b) A school may not change its approved curriculum unless the 
change is approved in advance.

[Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28960, June 29, 1992]



Sec. 147.38a  Quality of instruction.

    Each certificated aviation maintenance technician school shall 
provide instruction of such quality that, of its graduates of a 
curriculum for each rating who apply for a mechanic certificate or 
additional rating within 60 days after they are graduated, the 
percentage of those passing the applicable FAA written tests on their 
first attempt during any period of 24 calendar months is at least the 
percentage figured as follows:
    (a) For a school graduating fewer than 51 students during that 
period--the national passing norm minus the number 20.
    (b) For a school graduating at least 51, but fewer than 201, 
students during that period--the national passing norm minus the number 
15.
    (c) For a school graduating more than 200 students during that 
period--the national passing norm minus the number 10.

As used in this section, ``national passing norm'' is the number 
representing the percentage of all graduates (of a curriculum for a 
particular rating) of all certificated aviation maintenance technician 
schools who apply for a mechanic certificate or additional rating within 
60 days after they are graduated and pass the applicable FAA written 
tests on their first attempt during the period of 24 calendar months 
described in this section.

[Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-3, 41 FR 
47230, Oct. 28, 1976]

[[Page 83]]



Sec. 147.39  Display of certificate.

    Each holder of an aviation maintenance technician school certificate 
and ratings shall display them at a place in the school that is normally 
accessible to the public and is not obscured. The certificate must be 
available for inspection by the Administrator.



Sec. 147.41  Change of location.

    The holder of an aviation maintenance technician school certificate 
may not make any change in the school's location unless the change is 
approved in advance. If the holder desires to change the location he 
shall notify the Administrator, in writing, at least 30 days before the 
date the change is contemplated. If he changes its location without 
approval, the certificate is revoked.



Sec. 147.43  Inspection.

    The Administrator may, at any time, inspect an aviation maintenance 
technician school to determine its compliance with this part. Such an 
inspection is normally made once each six months to determine if the 
school continues to meet the requirements under which it was originally 
certificated. After such an inspection is made, the school is notified, 
in writing, of any deficiencies found during the inspection. Other 
informal inspections may be made from time to time.



Sec. 147.45  Advertising.

    (a) A certificated aviation maintenance technician school may not 
make any statement relating to itself that is false or is designed to 
mislead any person considering enrollment therein.
    (b) Whenever an aviation maintenance technician school indicates in 
advertising that it is a certificated school, it shall clearly 
distinguish between its approved courses and those that are not 
approved.

             Appendix A to Part 147--Curriculum Requirements

    This appendix defines terms used in appendices B, C, and D of this 
part, and describes the levels of proficiency at which items under each 
subject in each curriculum must be taught, as outlined in appendices B, 
C, and D.
    (a) Definitions. As used in appendices B, C, and D:
    (1) Inspect means to examine by sight and touch.
    (2) Check means to verify proper operation.
    (3) Troubleshoot means to analyze and identify malfunctions.
    (4) Service means to perform functions that assure continued 
operation.
    (5) Repair means to correct a defective condition. Repair of an 
airframe or powerplant system includes component replacement and 
adjustment, but not component repair.
    (6) Overhaul means to disassemble, inspect, repair as necessary, and 
check.
    (b) Teaching levels.
    (1) Level 1 requires:
    (i) Knowledge of general principles, but no practical application.
    (ii) No development of manipulative skill.
    (iii) Instruction by lecture, demonstration, and discussion.
    (2) Level 2 requires:
    (i) Knowledge of general principles, and limited practical 
application.
    (ii) Development of sufficient manipulative skill to perform basic 
operations.
    (iii) Instruction by lecture, demonstration, discussion, and limited 
practical application.
    (3) Level 3 requires:
    (i) Knowledge of general principles, and performance of a high 
degree of practical application.
    (ii) Development of sufficient manipulative skills to simulate 
return to service.
    (iii) Instruction by lecture, demonstration, discussion, and a high 
degree of practical application.
    (c) Teaching materials and equipment.
    The curriculum may be presented utilizing currently accepted 
educational materials and equipment, including, but not limited to: 
calculators, computers, and audio-visual equipment.

[Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28960, June 29, 1992]

           Appendix B to Part 147--General Curriculum Subjects

    This appendix lists the subjects required in at least 400 hours in 
general curriculum subjects.
    The number in parentheses before each item listed under each subject 
heading indicates the level of proficiency at which that item must be 
taught.

 
Teaching
  level
 
                          a. basic electricity
 
   (2)    1. Calculate and measure capacitance and inductance.
   (2)    2. Calculate and measure electrical power.

[[Page 84]]

 
   (3)    3. Measure voltage, current, resistance, and continuity.
   (3)    4. Determine the relationship of voltage, current, and
           resistance in electrical circuits.
   (3)    5. Read and interpret aircraft electrical circuit diagrams,
           including solid state devices and logic functions.
   (3)    6. Inspect and service batteries.
 
                          b. aircraft drawings
 
   (2)    7. Use aircraft drawings, symbols, and system schematics.
   (3)    8. Draw sketches of repairs and alterations.
   (3)    9. Use blueprint information.
   (3)    10. Use graphs and charts.
 
                          c. weight and balance
 
   (2)    11. Weigh aircraft.
   (3)    12. Perform complete weight-and-balance check and record data.
 
                       d. fluid lines and fittings
 
   (3)    13. Fabricate and install rigid and flexible fluid lines and
           fittings.
 
                       e. materials and processes
 
   (1)    14. Identify and select appropriate nondestructive testing
           methods.
   (2)    15. Perform dye penetrant, eddy current, ultrasonic, and
           magnetic particle inspections.
   (1)    16. Perform basic heat-treating processes.
   (3)    17. Identify and select aircraft hardware and materials.
   (3)    18. Inspect and check welds.
   (3)    19. Perform precision measurements.
 
                    f. ground operation and servicing
 
   (2)    20. Start, ground operate, move, service, and secure aircraft
           and identify typical ground operation hazards.
   (2)    21. Identify and select fuels.
 
                    g. cleaning and corrosion control
 
   (3)    22. Identify and select cleaning materials.
   (3)    23. Inspect, identify, remove, and treat aircraft corrosion
           and perform aircraft cleaning.
 
                             h. mathematics
 
   (3)    24. Extract roots and raise numbers to a given power.
   (3)    25. Determine areas and volumes of various geometrical shapes.
   (3)    26. Solve ratio, proportion, and percentage problems.
   (3)    27. Perform algebraic operations involving addition,
           subtraction, multiplication, and division of positive and
           negative numbers.
 
                    i. maintenance forms and records
 
   (3)    28. Write descriptions of work performed including aircraft
           discrepancies and corrective actions using typical aircraft
           maintenance records.
   (3)    29. Complete required maintenance forms, records, and
           inspection reports.
 
                            j. basic physics
 
   (2)    30. Use and understand the principles of simple machines;
           sound, fluid, and heat dynamics; basic aerodynamics; aircraft
           structures; and theory of flight.
 
                       k. maintenance publications
 
   (3)    31. Demonstrate ability to read, comprehend, and apply
           information contained in FAA and manufacturers' aircraft
           maintenance specifications, data sheets, manuals,
           publications, and related Federal Aviation Regulations,
           Airworthiness Directives, and Advisory material.
   (3)    32. Read technical data.
 
                 l. mechanic privileges and limitations
 
   (3)    33. Exercise mechanic privileges within the limitations
           prescribed by part 65 of this chapter.
 


[Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28960, June 29, 1992]

          Appendix C to Part 147--Airframe Curriculum Subjects

    This appendix lists the subjects required in at least 750 hours of 
each airframe curriculum, in addition to at least 400 hours in general 
curriculum subjects.
    The number in parentheses before each item listed under each subject 
heading indicates the level of proficiency at which that item must be 
taught.

                         I. Airframe Structures
 
Teaching
  level
 
                           a. wood structures
 
   (1)    1. Service and repair wood structures.
   (1)    2. Identify wood defects.
   (1)    3. Inspect wood structures.
 
                          b. aircraft covering
 
   (1)    4. Select and apply fabric and fiberglass covering materials.
   (1)    5. Inspect, test, and repair fabric and fiberglass.
 
                          c. aircraft finishes
 
   (1)    6. Apply trim, letters, and touchup paint.
   (2)    7. Identify and select aircraft finishing materials.
   (2)    8. Apply finishing materials.
   (2)    9. Inspect finishes and identify defects.
 
               d. sheet metal and non-metallic structures
 
   (2)    10. Select, install, and remove special fasteners for
           metallic, bonded, and composite structures.
   (2)    11. Inspect bonded structures.
   (2)    12. Inspect, test, and repair fiberglass, plastics, honeycomb,
           composite, and laminated primary and secondary structures.
   (2)    13. Inspect, check, service, and repair windows, doors, and
           interior furnishings.
   (3)    14. Inspect and repair sheet-metal structures.
   (3)    15. Install conventional rivets.
   (3)    16. Form, lay out, and bend sheet metal.
 
                               e. welding
 
   (1)    17. Weld magnesium and titanium.
   (1)    18. Solder stainless steel.
   (1)    19. Fabricate tubular structures.
   (2)    20. Solder, braze, gas-weld, and arc-weld steel.
   (1)    21. Weld aluminum and stainless steel.
 

[[Page 85]]

 
                         f. assembly and rigging
 
   (1)    22. Rig rotary-wing aircraft.
   (2)    23. Rig fixed-wing aircraft.
   (2)    24. Check alignment of structures.
   (3)    25. Assemble aircraft components, including flight control
           surfaces.
   (3)    26. Balance, rig, and inspect movable primary and secondary
           flight control surfaces.
   (3)    27. Jack aircraft.
 
                         g. airframe inspection
 
   (3)    28. Perform airframe conformity and airworthiness inspections.
 


                   II. Airframe Systems and Components
 
Teaching
  level
 
                    a. aircraft landing gear systems
 
   (3)    29. Inspect, check, service, and repair landing gear,
           retraction systems, shock struts, brakes, wheels, tires, and
           steering systems.
 
                b. hydraulic and pneumatic power systems
 
   (2)    30. Repair hydraulic and pneumatic power systems components.
   (3)    31. Identify and select hydraulic fluids.
   (3)    32. Inspect, check, service, troubleshoot, and repair
           hydraulic and pneumatic power systems.
 
                   c. cabin atmosphere control systems
 
   (1)    33. Inspect, check, troubleshoot, service, and repair heating,
           cooling, air conditioning, pressurization systems, and air
           cycle machines.
   (1)    34. Inspect, check, troubleshoot, service, and repair heating,
           cooling, air-conditioning, and pressurization systems.
   (2)    35. Inspect, check, troubleshoot, service and repair oxygen
           systems.
 
                     d. aircraft instrument systems
 
   (1)    36. Inspect, check, service, troubleshoot, and repair
           electronic flight instrument systems and both mechanical and
           electrical heading, speed, altitude, temperature, pressure,
           and position indicating systems to include the use of built-
           in test equipment.
   (2)    37. Install instruments and perform a static pressure system
           leak test.
 
                 e. communication and navigation systems
 
   (1)    38. Inspect, check, and troubleshoot autopilot, servos and
           approach coupling systems.
   (1)    39. Inspect, check, and service aircraft electronic
           communication and navigation systems, including VHF passenger
           address interphones and static discharge devices, aircraft
           VOR, ILS, LORAN, Radar beacon transponders, flight management
           computers, and GPWS.
   (2)    40. Inspect and repair antenna and electronic equipment
           installations.
 
                        f. aircraft fuel systems
 
   (1)    41. Check and service fuel dump systems.
   (1)    42. Perform fuel management transfer, and defueling.
   (1)    43. Inspect, check, and repair pressure fueling systems.
   (2)    44. Repair aircraft fuel system components.
   (2)    45. Inspect and repair fluid quantity indicating systems.
   (2)    46. Troubleshoot, service, and repair fluid pressure and
           temperature warning systems.
   (3)    47. Inspect, check, service, troubleshoot, and repair aircraft
           fuel systems.
 
                     g. aircraft electrical systems
 
   (2)    48. Repair and inspect aircraft electrical system components;
           crimp and splice wiring to manufacturers' specifications; and
           repair pins and sockets of aircraft connectors.
   (3)    49. Install, check, and service airframe electrical wiring,
           controls, switches, indicators, and protective devices.
   (3)    50.a. Inspect, check, troubleshoot, service, and repair
           alternating and direct current electrical systems.
   (1)    50.b. Inspect, check, and troubleshoot constant speed and
           integrated speed drive generators.
 
                     h. position and warning systems
 
   (2)    51. Inspect, check, and service speed and configuration
           warning systems, electrical brake controls, and anti-skid
           systems.
   (3)    52. Inspect, check, troubleshoot, and service landing gear
           position indicating and warning systems.
 
                     i. ice and rain control systems
 
   (2)    53. Inspect, check, troubleshoot, service, and repair airframe
           ice and rain control systems.
 
                       j. fire protection systems
 
   (1)    54. Inspect, check, and service smoke and carbon monoxide
           detection systems.
   (3)    55. Inspect, check, service, troubleshoot, and repair aircraft
           fire detection and extinguishing systems.
 


[Amdt. 147-2, 35 FR 5535, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28960, June 29, 1992]

         Appendix D to Part 147--Powerplant Curriculum Subjects

    This appendix lists the subjects required in at least 750 hours of 
each powerplant curriculum, in addition to at least 400 hours in general 
curriculum subjects.
    The number in parentheses before each item listed under each subject 
heading indicates the level of proficiency at which that item must be 
taught.

                  I. Powerplant Theory and Maintenance
 
Teaching
  level
 
                        a. reciprocating engines
 
   (1)    1. Inspect and repair a radial engine.
   (2)    2. Overhaul reciprocating engine.
   (3)    3. Inspect, check, service, and repair reciprocating engines
           and engine installations.
   (3)    4. Install, troubleshoot, and remove reciprocating engines.
 

[[Page 86]]

 
                           b. turbine engines
 
   (2)    5. Overhaul turbine engine.
   (3)    6. Inspect, check, service, and repair turbine engines and
           turbine engine installations.
   (3)    7. Install, troubleshoot, and remove turbine engines.
 
                          c. engine inspection
 
   (3)    8. Perform powerplant conformity and air worthiness
           inspections.
 


                  II. Powerplant Systems and Components
 
Teaching
  level
 
                      a. engine instrument systems
 
   (2)    9. Troubleshoot, service, and repair electrical and mechanical
           fluid rate-of-flow indicating systems.
   (3)    10. Inspect, check, service, troubleshoot, and repair
           electrical and mechanical engine temperature, pressure, and
           r.p.m. indicating systems.
 
                    b. engine fire protection systems
 
   (3)    11. Inspect, check, service, troubleshoot, and repair engine
           fire detection and extinguishing systems.
 
                      c. engine electrical systems
 
   (2)    12. Repair engine electrical system components.
   (3)    13. Install, check, and service engine electrical wiring,
           controls, switches, indicators, and protective devices.
 
                         d. lubrication systems
 
   (2)    14. Identify and select lubricants.
   (2)    15. Repair engine lubrication system components.
   (3)    16. Inspect, check, service, troubleshoot, and repair engine
           lubrication systems.
 
                    e. ignition and starting systems
 
   (2)    17. Overhaul magneto and ignition harness.
   (2)    18. Inspect, service, troubleshoot, and repair reciprocating
           and turbine engine ignition systems and components.
   (3)    19.a. Inspect, service, troubleshoot, and repair turbine
           engine electrical starting systems.
   (1)    19.b. Inspect, service, and troubleshoot turbine engine
           pneumatic starting systems.
 
                        f. fuel metering systems
 
   (1)    20. Troubleshoot and adjust turbine engine fuel metering
           systems and electronic engine fuel controls.
   (2)    21. Overhaul carburetor.
   (2)    22. Repair engine fuel metering system components.
   (3)    23. Inspect, check, service, troubleshoot, and repair
           reciprocating and turbine engine fuel metering systems.
 
                         g. engine fuel systems
 
   (2)    24. Repair engine fuel system components.
   (3)    25. Inspect, check, service, troubleshoot, and repair engine
           fuel systems.
 
                 h. induction and engine airflow systems
 
   (2)    26. Inspect, check, troubleshoot, service, and repair engine
           ice and rain control systems.
   (1)    27. Inspect, check, service, troubleshoot and repair heat
           exchangers, superchargers, and turbine engine airflow and
           temperature control systems.
   (3)    28. Inspect, check, service, and repair carburetor air intake
           and induction manifolds.
 
                        i. engine cooling systems
 
   (2)    29. Repair engine cooling system components.
   (3)    30. Inspect, check, troubleshoot, service, and repair engine
           cooling systems.
 
                 j. engine exhaust and reverser systems
 
   (2)    31. Repair engine exhaust system components.
   (3)    32.a. Inspect, check, troubleshoot, service, and repair engine
           exhaust systems.
   (1)    32.b. Troubleshoot and repair engine thrust reverser systems
           and related components.
 
                              k. propellers
 
   (1)    33. Inspect, check, service, and repair propeller
           synchronizing and ice control systems.
   (2)    34. Identify and select propeller lubricants.
   (1)    35. Balance propellers.
   (2)    36. Repair propeller control system components.
   (3)    37. Inspect, check, service, and repair fixed-pitch, constant-
           speed, and feathering propellers, and propeller governing
           systems.
   (3)    38. Install, troubleshoot, and remove propellers.
   (3)    39. Repair aluminum alloy propeller blades.
 
                            l. unducted fans
 
   (1)    40. Inspect and troubleshoot unducted fan systems and
           components.
 
                        m. auxiliary power units
 
   (1)    41. Inspect, check, service, and troubleshoot turbine-driven
           auxiliary power units.
 


(Sec. 6(c), Dept. of Transportation Act; 49 U.S.C. 1655(c))

[Amdt. 147-2, 35 FR 5535, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28961, June 29, 1992]

[[Page 87]]





                         SUBCHAPTER I--AIRPORTS



PART 150--AIRPORT NOISE COMPATIBILITY PLANNING--Table of Contents




                      Subpart A--General Provisions

Sec.
150.1  Scope and purpose.
150.3  Applicability.
150.5  Limitations of this part.
150.7  Definitions.
150.9  Designation of noise systems.
150.11  Identification of land uses.
150.13  Incorporations by reference.

 Subpart B--Development of Noise Exposure Maps and Noise Compatibility 
                                Programs

150.21  Noise exposure maps and related descriptions.
150.23  Noise compatibility programs.

     Subpart C--Evaluations and Determinations of Effects of Noise 
                         Compatibility Programs

150.31  Preliminary review: Acknowledgments.
150.33  Evaluation of programs.
150.35  Determinations; publications; effectivity.

Appendix A to Part 150--Noise Exposure Maps
Appendix B to Part 150--Noise Compatibility Programs

    Authority: 49 U.S.C. 106(g), 40113, 44715, 47101, 47501-47504.

    Source: Docket No. 18691, 49 FR 49269, Dec. 18, 1984, unless 
otherwise noted.



                      Subpart A--General Provisions



Sec. 150.1  Scope and purpose.

    This part prescribes the procedures, standards, and methodology 
governing the development, submission, and review of airport noise 
exposure maps and airport noise compatibility programs, including the 
process for evaluating and approving or disapproving those programs. It 
prescribes single systems for-- (a) measuring noise at airports and 
surrounding areas that generally provides a highly reliable relationship 
between projected noise exposure and surveyed reaction of people to 
noise; and (b) determining exposure of individuals to noise that results 
from the operations of an airport. This part also identifies those land 
uses which are normally compatible with various levels of exposure to 
noise by individuals. It provides technical assistance to airport 
operators, in conjunction with other local, State, and Federal 
authorities, to prepare and execute appropriate noise compatibility 
planning and implementation programs.



Sec. 150.3  Applicability.

    This part applies to the airport noise compatibility planning 
activities of the operators of ``public use airports,'' including 
heliports, as that term is used in section 101(1) of the ASNA Act as 
amended (49 U.S.C. 2101) and as defined in section 503(17) of the 
Airport and Airway Improvement Act of 1982 (49 U.S.C. 2202).

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-1, 
53 FR 8723, Mar. 16, 1988]



Sec. 150.5  Limitations of this part.

    (a) Pursuant to the ASNA Act (49 U.S.C. 2101 et seq.), this part 
provides for airport noise compatibility planning and land use programs 
necessary to the purposes of those provisions. No submittal of a map, or 
approval or disapproval, in whole or part, of any map or program 
submitted under this part is a determination concerning the 
acceptability or unacceptability of that land use under Federal, State, 
or local law.
    (b) Approval of a noise compatibility program under this part is 
neither a commitment by the FAA to financially assist in the 
implementation of the program, nor a determination that all measures 
covered by the program are eligible for grant-in-aid funding from the 
FAA.
    (c) Approval of a noise compatibility program under this part does 
not by itself constitute an FAA implementing action. A request for 
Federal action or approval to implement specific noise compatibility 
measures may be required, and an FAA decision on the request may require 
an environmental

[[Page 88]]

assessment of the proposed action, pursuant to the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and applicable 
regulations, directives, and guidelines.
    (d) Acceptance of a noise exposure map does not constitute an FAA 
determination that any specific parcel of land lies within a particular 
noise contour. Responsibility for interpretation of the effects of noise 
contours upon subjacent land uses, including the relationship between 
noise contours and specific properties, rests with the sponsor or with 
other state or local government.



Sec. 150.7  Definitions.

    As used in this part, unless the context requires otherwise, the 
following terms have the following meanings.
    Airport means any public use airport, including heliports, as 
defined by the ASNA Act, including: (a) Any airport which is used or to 
be used for public purposes, under the control of a public agency, the 
landing area of which is publicly owned; (b) any privately owned 
reliever airport; and (c) any privately owned airport which is 
determined by the Secretary to enplane annually 2,500 or more passengers 
and receive scheduled passenger service of aircraft, which is used or to 
be used for public purposes.
    Airport noise compatibility program and program mean that program, 
and all revisions thereto, reflected in documents (and revised 
documents) developed in accordance with appendix B of this part, 
including the measures proposed or taken by the airport operator to 
reduce existing noncompatible land uses and to prevent the introduction 
of additional noncompatible land uses within the area.
    Airport Operator means, the operator of an airport as defined in the 
ASNA Act.
    ASNA Act means the Aviation Safety and Noise Abatement Act of 1979, 
as amended (49 U.S.C. 2101 et seq.).
    Average sound level means the level, in decibels, of the mean-
square, A-weighted sound pressure during a specified period, with 
reference to the square of the standard reference sound pressure of 20 
micropascals.
    Compatible land use means the use of land that is identified under 
this part as normally compatible with the outdoor noise environment (or 
an adequately attenuated noise level reduction for any indoor activities 
involved) at the location because the yearly day-night average sound 
level is at or below that identified for that or similar use under 
appendix A (Table 1) of this part.
    Day-night average sound level (DNL) means the 24-hour average sound 
level, in decibels, for the period from midnight to midnight, obtained 
after the addition of ten decibels to sound levels for the periods 
between midnight and 7 a.m., and between 10 p.m., and midnight, local 
time. The symbol for DNL is Ldn.
    Noise exposure map means a scaled, geographic depiction of an 
airport, its noise contours, and surrounding area developed in 
accordance with section A150.101 of appendix A of this part, including 
the accompanying documentation setting forth the required descriptions 
of forecast aircraft operations at that airport during the fifth 
calendar year beginning after submission of the map, together with the 
ways, if any, those operations will affect the map (including noise 
contours and the forecast land uses).
    Noise level reduction (NLR) means the amount of noise level 
reduction in decibels achieved through incorporation of noise 
attenuation (between outdoor and indoor levels) in the design and 
construction of a structure.
    Noncompatible land use means the use of land that is identified 
under this part as normally not compatible with the outdoor noise 
environment (or an adequately attenuated noise reduction level for the 
indoor activities involved at the location) because the yearly day-night 
average sound level is above that identified for that or similar use 
under appendix A (Table 1) of this part.
    Regional Airports Division Manager means the Airports Division 
Manager having responsibility for the geographic area in which the 
airport in question is located.
    Restriction affecting flight procedures means any requirement, 
limitation, or other action affecting the operation of aircraft, in the 
air or on the ground.

[[Page 89]]

    Sound exposure level means the level, in decibels, of the time 
integral of squared A-weighted sound pressure during a specified period 
or event, with reference to the square of the standard reference sound 
pressure of 20 micropascals and a duration of one second.
    Yearly day-night average sound level (YDNL) means the 365-day 
average, in decibels, day-night average sound level. The symbol for YDNL 
is also Ldn.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 
150-1, 53 FR 8724, Mar. 16, 1988; 53 FR 9726, Mar. 24, 1988; Amdt. 150-
2, 54 FR 39295, Sept. 25, 1989]



Sec. 150.9  Designation of noise systems.

    For purposes of this part, the following designations apply:
    (a) The noise at an airport and surrounding areas covered by a noise 
exposure map must be measured in A-weighted sound pressure level 
(LA) in units of decibels (dBA) in accordance with the 
specifications and methods prescribed under appendix A of this part.
    (b) The exposure of individuals to noise resulting from the 
operation of an airport must be established in terms of yearly day-night 
average sound level (YDNL) calculated in accordance with the 
specifications and methods prescribed under appendix A of this part.
    (c) Uses of computer models to create noise contours must be in 
accordance with the criteria prescribed under appendix A of this part.



Sec. 150.11  Identification of land uses.

    For the purposes of this part, uses of land which are normally 
compatible or noncompatible with various noise exposure levels to 
individuals around airports must be identified in accordance with the 
criteria prescribed under appendix A of this part. Determination of land 
use must be based on professional planning criteria and procedures 
utilizing comprehensive, or master, land use planning, zoning, and 
building and site designing, as appropriate. If more than one current or 
future land use is permissible, determination of compatibility must be 
based on that use most adversely affected by noise.



Sec. 150.13  Incorporations by reference.

    (a) General. This part prescribes certain standards and procedures 
which are not set forth in full text in the rule. Those standards and 
procedures are hereby incorporated by reference and were approved for 
incorporation by reference by the Director of the Federal Register under 
5 U.S.C. 552(a) and 1 CFR part 51.
    (b) Changes to incorporated matter. Incorporated matter which is 
subject to subsequent change is incorporated by reference according to 
the specific reference and to the identification statement. Adoption of 
any subsequent change in incorporated matter that affects compliance 
with standards and procedures of this part will be made under 14 CFR 
part 11 and 1 CFR part 51.
    (c) Identification statement. The complete title or description 
which identifies each published matter incorporated by reference in this 
part is as follows:

    International Electrotechnical Commission (IEC) Publication No. 179, 
entitled ``Precision Sound Level Meters,'' dated 1973.

    (d) Availability for purchase. Published material incorporated by 
reference in this part may be purchased at the price established by the 
publisher or distributor at the following mailing addresses.

    IEC publications:
    (1) The Bureau Central de la Commission Electrotechnique, 
Internationale, 1, rue de Varembe, Geneva, Switzerland.
    (2) American National Standards Institute, 1430 Broadway, New York, 
NY 10018.

    (e) Availability for inspection. A copy of each publication 
incorporated by reference in this part is available for public 
inspection at the following locations:
    (1) FAA Office of the Chief Counsel, Rules Docket, AGC-10, Federal 
Aviation Administration Headquarters Building, 800 Independence Avenue, 
SW., Washington, DC 20591.
    (2) Department of Transportation, Branch Library, Room 930, Federal 
Aviation Administration Headquarters Building, 800 Independence Avenue, 
SW., Washington, DC 20591.
    (3) The respective Regional Offices of the Federal Aviation 
Administration as follows:

[[Page 90]]

    (i) New England Regional Office, 12 New England Executive Park, 
Burlington, Massachusetts 01803.
    (ii) Eastern Regional Office, Federal Building, John F. Kennedy 
(JFK) International Airport, Jamaica, New York 11430.
    (iii) Southern Regional Office, 3400 Norman Berry Drive, East Point, 
Georgia (P.O. Box 20636, Atlanta, Georgia) 30320.
    (iv) Great Lakes Regional Office, 2300 East Devon, Des Plaines, 
Illinois 60018.
    (v) Central Regional Office, 601 East 12th Street, Kansas City, 
Missouri 64106.
    (vi) Southwest Regional Office, 4400 Blue Mound Road, (P.O. Box 
1689), Fort Worth, Texas 76101.
    (vii) Northwest Mountain Regional Office, 17900 Pacific Highway, 
South, C-68966, Seattle, Washington 98168.
    (viii) Western Pacific Regional Office, 15000 Aviation Boulevard, 
Hawthorne, California (P.O. Box 92007, Worldway Postal Center, Los 
Angeles) 90009.
    (ix) Alaskan Regional Office, 701 ``C'' Street, Box 14, Anchorage, 
Alaska 99513.
    (xi) European Office, 15, Rue de la Loi (3rd Floor) B1040 Brussels, 
Belgium.
    (4) The Office of the Federal Register, Room 8401, 1100 ``L'' 
Street, NW., Washington, DC.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 
54 FR 39295, Sept. 25, 1989]



 Subpart B--Development of Noise Exposure Maps and Noise Compatibility 
                                Programs



Sec. 150.21  Noise exposure maps and related descriptions.

    (a) Each airport operator may after completion of the consultations 
and public procedure specified under paragraph (b) of this section 
submit to the Regional Airports Division Manager five copies of the 
noise exposure map (or revised map) which identifies each noncompatible 
land use in each area depicted on the map, as of the date of submission, 
and five copies of a map each with accompanying documentation setting 
forth--
    (1) The noise exposure based on forecast aircraft operations at the 
airport for the fifth calendar year beginning after the date of 
submission (based on reasonable assumptions concerning future type and 
frequency of aircraft operations, number of nighttime operations, flight 
patterns, airport layout including any planned airport development, 
planned land use changes, and demographic changes in the surrounding 
areas); and
    (2) The nature and extent, if any, to which those forecast 
operations will affect the compatibility and land uses depicted on the 
map.
    (b) Each map, and related documentation submitted under this section 
must be developed and prepared in accordance with appendix A of this 
part, or an FAA approved equivalent, and in consultation with states, 
and public agencies and planning agencies whose area, or any portion of 
whose area, of jurisdiction is within the Ldn 65 dB contour 
depicted on the map, FAA regional officials, and other Federal officials 
having local responsibility for land uses depicted on the map. This 
consultation must include regular aeronautical users of the airport. The 
airport operator shall certify that it has afforded interested persons 
adequate opportunity to submit their views, data, and comments 
concerning the correctness and adequacy of the draft noise exposure map 
and descriptions of forecast aircraft operations. Each map and revised 
map must be accompanied by documentation describing the consultation 
accomplished under this paragraph and the opportunities afforded the 
public to review and comment during the development of the map. One copy 
of all written comments received during consultation shall also be filed 
with the Regional Airports Division Manager.
    (c) The Regional Airports Division Manager acknowledges receipt of 
noise exposure maps and descriptions and indicates whether they are in 
compliance with the applicable requirements. The Regional Airports 
Division Manager publishes in the Federal Register a notice of 
compliance for each such noise exposure map and description, identifying 
the airport involved. Such notice includes information as to when

[[Page 91]]

and where the map and related documentation are available for public 
inspection.
    (d) If, after submission of a noise exposure map under paragraph (a) 
of this section, any change in the operation of the airport would create 
any ``substantial, new noncompatible use'' in any area depicted on the 
map beyond that which is forecast for the fifth calendar year after the 
date of submission, the airport operator shall, in accordance with this 
section, promptly prepare and submit a revised noise exposure map. A 
change in the operation of an airport creates a substantial new 
noncompatible use if that change results in an increase in the yearly 
day-night average sound level of 1.5 dB or greater in either a land area 
which was formerly compatible but is thereby made noncompatible under 
appendix A (Table 1), or in a land area which was previously determined 
to be noncompatible under that Table and whose noncompatibility is now 
significantly increased. Such updating of the map shall include a 
reassessment of those areas excluded under sec. A150.101(e)(5) of 
appendix A because of high ambient noise levels. If the five-year 
forecast map is based on assumptions involving recommendations in a 
noise compatibility program which are subsequently disapproved by the 
FAA, a revised map must be submitted if revised assumptions would create 
a substantial, new noncompatible use not indicated on the initial five-
year map. Revised noise exposure maps are subject to the same 
requirements and procedures as initial submissions of noise exposure 
maps under this part.
    (e) Each map, or revised map, and description of consultation and 
opportunity for public comment, submitted to the FAA, must be certified 
as true and complete under penalty of 18 U.S.C. 1001.
    (f)(1) The ASNA Act provides, in section 107 (a) (49 U.S.C. 
2107(a)), that:

No person who acquires property or an interest therein after the date of 
enactment of the Act in an area surrounding an airport with respect to 
which a noise exposure map has been submitted under section 103 of the 
Act shall be entitled to recover damages with respect to the noise 
attributable to such airport if such person had actual or constructive 
knowledge of the existence of such noise exposure map unless, in 
addition to any other elements for recovery of damages, such person can 
show that--
    (i) A significant change in the type or frequency of aircraft 
operations at the airport; or
    (ii) A significant change in the airport layout; or
    (iii) A significant change in the flight patterns; or
    (iv) A significant increase in nighttime operations; occurred after 
the date of the acquisition of such property or interest therein and 
that the damages for which recovery is sought have resulted from any 
such change or increase.''

    (2) The Act further provides in section 107(b), (49 U.S.C. 2107(b)):

That for this purpose, ``constructive knowledge'' shall be imputed, at a 
minimum, to any person who acquires property or an interest therein in 
an area surrounding an airport after the date of enactment of the Act 
if--
    (i) Prior to the date of such acquisition, notice of the existence 
of a noise exposure map for such area was published at least three times 
in a newspaper of general circulation in the county in which such 
property is located; or
    (ii) A copy of such noise exposure map is furnished to such person 
at the time of such acquisition.

    (g) For this purpose, the term significant in paragraph (f) of this 
section means that change or increase in one or more of the four factors 
which results in a ``substantial new noncompatible use'' as defined in 
Sec. 150.21(d), affecting the property in issue. Responsibility for 
applying or interpreting this provision with respect to specific 
properties rests with local government.

[Doc. No. 18691, 49 FR 49269, Dec. 1, 1984; 50 FR 5063, Feb. 6, 1985; 
Amdt. 150-2, 54 FR 39295, Sept. 25, 1989]



Sec. 150.23  Noise compatibility programs.

    (a) Any airport operator who has submitted an acceptable noise 
exposure map under Sec. 150.21 may, after FAA notice of acceptability 
and other consultation and public procedure specified under paragraphs 
(b) and (c) of this section, as applicable, submit to the Regional 
Airports Division Manager five copies of a noise compatibility program.
    (b) An airport operator may submit the noise compatibility program 
at the same time as the noise exposure map.

[[Page 92]]

In this case, the Regional Airports Division Manager will not begin the 
statutory 180-day review period (for the program) until after FAA 
reviews the noise exposure map and finds that it and its supporting 
documentation are in compliance with the applicable requirements.
    (c) Each noise compatibility program must be developed and prepared 
in accordance with appendix B of this part, or an FAA approved 
equivalent, and in consultation with FAA regional officials, the 
officials of the state and of any public agencies and planning agencies 
whose area, or any portion or whose area, of jurisdiction within the 
Ldn 65 dB noise contours is depicted on the noise exposure 
map, and other Federal officials having local responsibility of land 
uses depicted on the map. Consultation with FAA regional officials shall 
include, to the extent practicable, informal agreement from FAA on 
proposed new or modified flight procedures. For air carrier airports, 
consultation must include any air carriers and, to the extent 
practicable, other aircraft operators using the airport. For other 
airports, consultation must include, to the extent practicable, aircraft 
operators using the airport.
    (d) Prior to and during the development of a program, and prior to 
submission of the resulting draft program to the FAA, the airport 
operator shall afford adequate opportunity for the active and direct 
participation of the states, public agencies and planning agencies in 
the areas surrounding the airport, aeronautical users of the airport, 
and the general public to submit their views, data, and comments on the 
formulation and adequacy of that program.
    (e) Each noise compatibility program submitted to the FAA must 
consist of at least the following:
    (1) A copy of the noise exposure map and its supporting 
documentation as found in compliance with the applicable requirements by 
the FAA, per Sec. 150.21(c).
    (2) A description and analysis of the alternative measures 
considered by the airport operator in developing the program, together 
with a discussion of why each rejected measure was not included in the 
program.
    (3) Program measures proposed to reduce or eliminate present and 
future noncompatible land uses and a description of the relative 
contribution of each of the proposed measures to the overall 
effectiveness of the program.
    (4) A description of public participation and the consultation with 
officials of public agencies and planning agencies in areas surrounding 
the airport, FAA regional officials and other Federal officials having 
local responsibility for land uses depicted on the map, any air carriers 
and other users of the airport.
    (5) The actual or anticipated effect of the program on reducing 
noise exposure to individuals and noncompatible land uses and preventing 
the introduction of additional noncompatible uses within the area 
covered by the noise exposure map. The effects must be based on 
expressed assumptions concerning the type and frequency of aircraft 
operations, number of nighttime operations, flight patterns, airport 
layout including planned airport development, planned land use changes, 
and demographic changes within the Ldn 65 dB noise contours.
    (6) A description of how the proposed future actions may change any 
noise control or compatibility plans or actions previously adopted by 
the airport proprietor.
    (7) A summary of the comments at any public hearing on the program 
and a copy of all written material submitted to the operator under 
paragraphs (c) and (d) of this section, together with the operator's 
response and disposition of those comments and materials to demonstrate 
the program is feasible and reasonably consistent with obtaining the 
objectives of airport noise compatibility planning under this part.
    (8) The period covered by the program, the schedule for 
implementation of the program, the persons responsible for 
implementation of each measure in the program, and, for each measure, 
documentation supporting the feasibility of implementation, including 
any essential governmental actions, costs, and anticipated sources of 
funding, that will demonstrate that the program is reasonably consistent 
with

[[Page 93]]

achieving the goals of airport noise compatibility planning under this 
part.
    (9) Provision for revising the program if made necessary by revision 
of the noise exposure map.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984; 50 FR 5063, Feb. 6, 1985; 
Amdt. 150-2, 54 FR 39295, Sept. 25, 1989]



     Subpart C--Evaluations and Determinations of Effects of Noise 
                         Compatibility Programs



Sec. 150.31  Preliminary review: Acknowledgments.

    (a) Upon receipt of a noise compatibility program submitted under 
Sec. 150.23, the Regional Airports Division Manager acknowledges to the 
airport operator receipt of the program and conducts a preliminary 
review of the submission.
    (b) If, based on the preliminary review, the Regional Airports 
Division Manager finds that the submission does not conform to the 
requirements of this part, he disapproves and returns the unacceptable 
program to the airport operator for reconsideration and development of a 
program in accordance with this part.
    (c) If, based on the preliminary review, the Regional Airports 
Division Manager finds that the program conforms to the requirements of 
this part, the Regional Airports Division Manager publishes in the 
Federal Register a notice of receipt of the program for comment which 
indicates the following:
    (1) The airport covered by the program, and the date of receipt.
    (2) The availability of the program for examination in the offices 
of the Regional Airports Division Manager and the airport operator.
    (3) That comments on the program are invited and, will be considered 
by the FAA.
    (d) The date of signature of the published notice of receipt starts 
the 180-day approval period for the program.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 
54 FR 39295, Sept. 25, 1989]



Sec. 150.33  Evaluation of programs.

    (a) The FAA conducts an evaluation of each noise compatibility 
program and, based on that evaluation, either approves or disapproves 
the program. The evaluation includes consideration of proposed measures 
to determine whether they--
    (1) May create an undue burden on interstate or foreign commerce 
(including unjust discrimination);
    (2) Are reasonably consistent with obtaining the goal of reducing 
existing noncompatible land uses and preventing the introduction of 
additional noncompatible land uses; and
    (3) Include the use of new or modified flight procedures to control 
the operation of aircraft for purposes of noise control, or affect 
flight procedures in any way.
    (b) The evaluation may also include an evaluation of those proposed 
measures to determine whether they may adversely affect the exercise of 
the authority and responsibilities of the Administrator under the 
Federal Aviation Act of 1958, as amended.
    (c) To the extent considered necessary, the FAA may--
    (1) Confer with the airport operator and other persons known to have 
information and views material to the evaluation;
    (2) Explore the objectives of the program and the measures, and any 
alternative measures, for achieving the objectives.
    (3) Examine the program for developing a range of alternatives that 
would eliminate the reasons, if any, for disapproving the program.
    (4) Convene an informal meeting with the airport operator and other 
persons involved in developing or implementing the program for the 
purposes of gathering all facts relevant to the determination of 
approval or disapproval of the program and of discussing any needs to 
accommodate or modify the program as submitted.
    (d) If requested by the FAA, the airport operator shall furnish all 
information needed to complete FAA's review under (c).
    (e) An airport operator may, at any time before approval or 
disapproval of

[[Page 94]]

a program, withdraw or revise the program. If the airport operator 
withdraws or revises the program or indicates to the Regional Airports 
Division Manager, in writing, the intention to revise the program, the 
Regional Airports Division Manager terminates the evaluation and 
notifies the airport operator of that action. That termination cancels 
the 180-day review period. The FAA does not evaluate a second program 
for any airport until any previously submitted program has been 
withdrawn or a determination on it is issued. A new evaluation is 
commenced upon receipt of a revised program, and a new 180-day approval 
period is begun, unless the Regional Airports Division Manager finds 
that the modification made, in light of the overall revised program, can 
be integrated into the unmodified portions of the revised program 
without exceeding the original 180-day approval period or causing undue 
expense to the government.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 
54 FR 39295, Sept. 25, 1989]



Sec. 150.35  Determinations; publications; effectivity.

    (a) The FAA issues a determination approving or disapproving each 
airport noise compatibility program (and revised program). Portions of a 
program may be individually approved or disapproved. No conditional 
approvals will be issued. A determination on a program acceptable under 
this part is issued within 180 days after the program is received under 
Sec. 150.23 of this part or it may be considered approved, except that 
this time period may be exceeded for any portion of a program relating 
to the use of flight procedures for noise control purposes. A 
determination on portions of a program covered by the exceptions to the 
180-day review period for approval will be issued within a reasonable 
time after receipt of the program. Determinations relating to the use of 
any flight procedure for noise control purposes may be issued either in 
connection with the determination on other portions of the program or 
separately. Except as provided by this paragraph, no approval of any 
noise compatibility program, or any portion of a program, may be implied 
in the absence of the FAA's express approval.
    (b) The Administrator approves programs under this part, if--
    (1) It is found that the program measures to be implemented would 
not create an undue burden on interstate or foreign commerce (including 
any unjust discrimination) and are reasonably consistent with achieving 
the goals of reducing existing noncompatible land uses around the 
airport and of preventing the introduction of additional noncompatible 
land uses;
    (2) The program provides for revision if made necessary by the 
revision of the noise map; and
    (3) Those aspects of programs relating to the use of flight 
procedures for noise control can be implemented within the period 
covered by the program and without--
    (i) Reducing the level of aviation safety provided;
    (ii) Derogating the requisite level of protection for aircraft, 
their occupants and persons and property on the ground;
    (iii) Adversely affecting the efficient use and management of the 
Navigable Airspace and Air Traffic Control Systems; or
    (iv) Adversely affecting any other powers and responsibilities of 
the Administrator prescribed by law or any other program, standard, or 
requirement established in accordance with law.
    (c) When a determination is issued, the Regional Airports Division 
Manager notifies the airport operator and publishes a notice of approval 
or disapproval in the Federal Register identifying the nature and extent 
of the determination.
    (d) Approvals issued under this part for a program or portion 
thereof become effective as specified therein and may be withdrawn when 
one of the following occurs:
    (1) The program or portion thereof is required to be revised under 
this part or under its own terms, and is not so revised;
    (2) If a revision has been submitted for approval, a determination 
is issued on the revised program or portion thereof, that is 
inconsistent with the prior approval.

[[Page 95]]

    (3) A term or condition of the program, or portion thereof, or its 
approval is violated by the responsible government body.
    (4) A flight procedure or other FAA action upon which the approved 
program or portion thereof is dependent is subsequently disapproved, 
significantly altered, or rescinded by the FAA.
    (5) The airport operator requests rescission of the approval.
    (6) Impacts on flight procedures, air traffic management, or air 
commerce occur which could not be foreseen at the time of approval.

A determination may be sooner rescinded or modified for cause with at 
least 30 days written notice to the airport operator of the FAA's 
intention to rescind or modify the determination for the reasons stated 
in the notice. The airport operator may, during the 30-day period, 
submit to the Regional Airports Division Manager for consideration any 
reasons and circumstances why the determination should not be rescinded 
or modified on the basis stated in the notice of intent. Thereafter, the 
FAA either rescinds or modifies the determination consistent with the 
notice or withdraws the notice of intent and terminates the action.
    (e) Determinations may contain conditions which must be satisfied 
prior to implementation of any portion of the program relating to flight 
procedures affecting airport or aircraft operations.
    (f) Noise exposure maps for current and five year forecast 
conditions that are submitted and approved with noise compatibility 
programs are considered to be the new FAA accepted noise exposure maps 
for purposes of part 150.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 
54 FR 39295, Sept. 25, 1989]

               Appendix A to Part 150--Noise Exposure Maps

                             Part A--General

Sec. A150.1  Purpose.
Sec. A150.3  Noise descriptors.
Sec. A150.5  Noise measurement procedures and equipment.

                 Part B--Noise Exposure Map Development

Sec. A150.101  Noise contours and land usages.
Sec. A150.103  Use of computer prediction model.
Sec. A150.105  Identification of public agencies and planning agencies.

                    Part C--Mathematical Descriptions

Sec. A150.201  General.
Sec. A150.203  Symbols.
Sec. A150.205  Mathematical computations.

                             Part A--General

                          Sec. A150.1  Purpose.

    (a) This appendix establishes a uniform methodology for the 
development and preparation of airport noise exposure maps. That 
methodology includes a single system of measuring noise at airports for 
which there is a highly reliable relationship between projected noise 
exposure and surveyed reactions of people to noise along with a separate 
single system for determining the exposure of individuals to noise. It 
also identifies land uses which, for the purpose of this part are 
considered to be compatible with various exposures of individuals to 
noise around airports.
    (b) This appendix provides for the use of the FAA's Integrated Noise 
Model (INM) or an FAA approved equivalent, for developing standardized 
noise exposure maps and predicting noise impacts. Noise monitoring may 
be utilized by airport operators for data acquisition and data 
refinement, but is not required by this part for the development of 
noise exposure maps or airport noise compatibility programs. Whenever 
noise monitoring is used, under this part, it should be accomplished in 
accordance with Sec. A150.5 of this appendix.

                     Sec. A150.3  Noise descriptors.

    (a) Airport Noise Measurement. The A-Weighted Sound Level, measured, 
filtered and recorded in accordance with Sec. A150.5 of this appendix, 
must be employed as the unit for the measurement of single event noise 
at airports and in the areas surrounding the airports.
    (b) Airport Noise Exposure. The yearly day-night average sound level 
(YDNL) must be employed for the analysis and characterization of 
multiple aircraft noise events and for determining the cumulative 
exposure of individuals to noise around airports.

        Sec. A150.5  Noise measurement procedures and equipment.

    (a) Sound levels must be measured or analyzed with equipment having 
the ``A'' frequency weighting, filter characteristics, and the ``slow 
response'' characteristics as defined in International Electrotechnical 
Commission (IEC) Publication No. 179, entitled ``Precision Sound Level 
Meters'' as incorporated by reference in part 150 under

[[Page 96]]

Sec. 150.11. For purposes of this part, the tolerances allowed for 
general purpose, type 2 sound level meters in IEU 179, are acceptable.
    (b) Noise measurements and documentation must be in accordance with 
accepted acoustical measurement methodology, such as those described in 
American National Standards Institute publication ANSI 51.13, dated 1971 
as revised 1979, entitled ``ANS--Methods for the Measurement of Sound 
Pressure Levels''; ARP No. 796, dated 1969, entitled ``Measurement of 
Aircraft Exterior Noise in the Field''; ``Handbook of Noise 
Measurement,'' Ninth Ed. 1980, by Arnold P.G. Peterson; or ``Acoustic 
Noise Measurement,'' dated Jan., 1979, by J.R. Hassell and K. Zaveri. 
For purposes of this part, measurements intended for comparison to a 
State or local standard or with another transportation noise source 
(including other aircraft) must be reported in maximum A-weighted sound 
levels (LAM); for computation or validation of the yearly 
day-night average level (Ldn), measurements must be reported 
in sound exposure level (LAE), as defined in Sec. A150.205 of 
this appendix.

                 Part B--Noise Exposure Map Development

             Sec. A150.101  Noise contours and land usages.

    (a) To determine the extent of the noise impact around an airport, 
airport proprietors developing noise exposure maps in accordance with 
this part must develop Ldn contours. Continuous contours must 
be developed for YDNL levels of 65, 70, and 75 (additional contours may 
be developed and depicted when appropriate). In those areas where YDNL 
values are 65 YDNL or greater, the airport operator shall identify land 
uses and determine land use compatibility in accordance with the 
standards and procedures of this appendix.
    (b) Table 1 of this appendix describes compatible land use 
information for several land uses as a function of YDNL values. The 
ranges of YDNL values in Table 1 reflect the statistical variability for 
the responses of large groups of people to noise. Any particular level 
might not, therefore, accurately assess an individual's perception of an 
actual noise environment. Compatible or noncompatible land use is 
determined by comparing the predicted or measured YDNL values at a site 
with the values given. Adjustments or modifications of the descriptions 
of the land-use categories may be desirable after consideration of 
specific local conditions.
    (c) Compatibility designations in Table 1 generally refer to the 
major use of the site. If other uses with greater sensitivity to noise 
are permitted by local government at a site, a determination of 
compatibility must be based on that use which is most adversely affected 
by noise. When appropriate, noise level reduction through incorporation 
of sound attenuation into the design and construction of a structure may 
be necessary to achieve compatibility.
    (d) For the purpose of compliance with this part, all land uses are 
considered to be compatible with noise levels less than Ldn 
65 dB. Local needs or values may dictate further delineation based on 
local requirements or determinations.
    (e) Except as provided in (f) below, the noise exposure maps must 
also contain and indentify:
    (1) Runway locations.
    (2) Flight tracks.
    (3) Noise contours of Ldn 65, 70, and 75 dB resulting 
from aircraft operations.
    (4) Outline of the airport boundaries.
    (5) Noncompatible land uses within the noise contours, including 
those within the Ldn 65 dB contours. (No land use has to be 
identified as noncompatible if the self-generated noise from that use 
and/or the ambient noise from other nonaircraft and nonairport uses is 
equal to or greater than the noise from aircraft and airport sources.)
    (6) Location of noise sensitive public buildings (such as schools, 
hospitals, and health care facilities), and properties on or eligible 
for inclusion in the National Register of Historic Places.
    (7) Locations of any aircraft noise monitoring sites utilized for 
data acquisition and refinement procedures.
    (8) Estimates of the number of people residing within the Ldn 
65, 70, and 75 dB contours.
    (9) Depiction of the required noise contours over a land use map of 
a sufficient scale and quality to discern streets and other identifiable 
geographic features.
    (f) Notwithstanding any other provision of this part, noise exposure 
maps prepared in connection with studies which were either Federally 
funded or Federally approved and which commenced before October 1, 1981, 
are not required to be modified to contain the following items:
    (1) Flight tracks depicted on the map.
    (2) Use of ambient noise to determine land use compatibility.
    (3) The Ldn 70 dB noise contour and data related to 
Ldn 70 dB contour. When determinations on land use 
compatibility using Table 1 differ between Ldn 65-70 dB and 
the Ldn 70-75 dB, determinations should either use the more 
conservative Ldn 70-75 dB column or reflect determinations 
based on local needs and values.
    (4) Estimates of the number of people residing within the Ldn 
65, 70, and 75 dB contours.

[[Page 97]]



                   TABLE 1--Land Use Compatibility* With Yearly Day-Night Average Sound Levels
----------------------------------------------------------------------------------------------------------------
                                             Yearly day-night average sound level (Ldn) in decibels
           Land use            ---------------------------------------------------------------------------------
                                  Below 65        65-70         70-75         75-80        80-85       Over 85
----------------------------------------------------------------------------------------------------------------
          Residential
 
Residential, other than mobile  Y             N(1)          N(1)          N             N            N
 homes and transient lodgings.
Mobile home parks.............  Y             N             N             N             N            N
Transient lodgings............  Y             N(1)          N(1)          N(1)          N            N
 
          Public Use
 
Schools.......................  Y             N(1)          N(1)          N             N            N
Hospitals and nursing homes...  Y             25            30            N             N            N
Churches, auditoriums, and      Y             25            30            N             N            N
 concert halls.
Governmental services.........  Y             Y             25            30            N            N
Transportation................  Y             Y             Y(2)          Y(3)          Y(4)         Y(4)
Parking.......................  Y             Y             Y(2)          Y(3)          Y(4)         N
 
        Commercial Use
 
Offices, business and           Y             Y             25            30            N            N
 professional.
Wholesale and retail--building  Y             Y             Y(2)          Y(3)          Y(4)         N
 materials, hardware and farm
 equipment.
Retail trade--general.........  Y             Y             25            30            N            N
Utilities.....................  Y             Y             Y(2)          Y(3)          Y(4)         N
Communication.................  Y             Y             25            30            N            N
 
 Manufacturing and Production
 
Manufacturing, general........  Y             Y             Y(2)          Y(3)          Y(4)         N
Photographic and optical......  Y             Y             25            30            N            N
Agriculture (except livestock)  Y             Y(6)          Y(7)          Y(8)          Y(8)         Y(8)
 and forestry.
Livestock farming and breeding  Y             Y(6)          Y(7)          N             N            N
Mining and fishing, resource    Y             Y             Y             Y             Y            Y
 production and extraction.
 
         Recreational
 
Outdoor sports arenas and       Y             Y(5)          Y(5)          N             N            N
 spectator sports.
Outdoor music shells,           Y             N             N             N             N            N
 amphitheaters.
Nature exhibits and zoos......  Y             Y             N             N             N            N
Amusements, parks, resorts and  Y             Y             Y             N             N            N
 camps.
Golf courses, riding stables    Y             Y             25            30            N            N
 and water recreation.
----------------------------------------------------------------------------------------------------------------
Numbers in parentheses refer to notes.
 
*The designations contained in this table do not constitute a Federal determination that any use of land covered
  by the program is acceptable or unacceptable under Federal, State, or local law. The responsibility for
  determining the acceptable and permissible land uses and the relationship between specific properties and
  specific noise contours rests with the local authorities. FAA determinations under part 150 are not intended
  to substitute federally determined land uses for those determined to be appropriate by local authorities in
  response to locally determined needs and values in achieving noise compatible land uses.
 
Key to Table 1
 
SLUCM=Standard Land Use Coding Manual.
Y (Yes)=Land Use and related structures compatible without restrictions.
N (No)=Land Use and related structures are not compatible and should be prohibited.
NLR=Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the
  design and construction of the structure.
25, 30, or 35=Land use and related structures generally compatible; measures to achieve NLR of 25, 30, or 35 dB
  must be incorporated into design and construction of structure.
 
Notes for Table 1
 
(1) Where the community determines that residential or school uses must be allowed, measures to achieve outdoor
  to indoor Noise Level Reduction (NLR) of at least 25 dB and 30 dB should be incorporated into building codes
  and be considered in individual approvals. Normal residential construction can be expected to provide a NLR of
  20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and
  normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will
  not eliminate outdoor noise problems.
(2) Measures to achieve NLR 25 dB must be incorporated into the design and construction of portions of these
  buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is
  low.
(3) Measures to achieve NLR of 30 dB must be incorporated into the design and construction of portions of these
  buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is
  low.
(4) Measures to achieve NLR 35 dB must be incorporated into the design and construction of portions of these
  buildings where the public is received, office areas, noise sensitive areas or where the normal level is low.
(5) Land use compatible provided special sound reinforcement systems are installed.
(6) Residential buildings require an NLR of 25.
(7) Residential buildings require an NLR of 30.
(8) Residential buildings not permitted.


[[Page 98]]

            Sec. A150.103  Use of computer prediction model.

    (a) The airport operator shall acquire the aviation operations data 
necessary to develop noise exposure contours using an FAA approved 
methodology or computer program, such as the Integrated Noise Model 
(INM) for airports or the Heliport Noise Model (HNM) for heliports. In 
considering approval of a methodology or computer program, key factors 
include the demonstrated capability to produce the required output and 
the public availability of the program or methodology to provide 
interested parties the opportunity to substantiate the results.
    (b) Except as provided in paragraph (c) of this section, the 
following information must be obtained for input to the calculation of 
noise exposure contours:
    (1) A map of the airport and its environs at an adequately detailed 
scale (not less than 1 inch to 8,000 feet) indicating runway length, 
alignments, landing thresholds, takeoff start-of-roll points, airport 
boundary, and flight tracks out to at least 30,000 feet from the end of 
each runway.
    (2) Airport activity levels and operational data which will 
indicate, on an annual average-daily-basis, the number of aircraft, by 
type of aircraft, which utilize each flight track, in both the standard 
daytime (0700-2200 hours local) and nighttime (2200-0700 hours local) 
periods for both landings and takeoffs.
    (3) For landings--glide slopes, glide slope intercept altitudes, and 
other pertinent information needed to establish approach profiles along 
with the engine power levels needed to fly that approach profile.
    (4) For takeoffs--the flight profile which is the relationship of 
altitude to distance from start-of-roll along with the engine power 
levels needed to fly that takeoff profile; these data must reflect the 
use of noise abatement departure procedures and, if applicable, the 
takeoff weight of the aircraft or some proxy for weight such as stage 
length.
    (5) Existing topographical or airspace restrictions which preclude 
the utilization of alternative flight tracks.
    (6) The government furnished data depicting aircraft noise 
characteristics (if not already a part of the computer program's stored 
data bank).
    (7) Airport elevation and average temperature.
    (c) For heliports, the map scale required by paragraph (b)(1) of 
this section shall not be less than 1 inch to 2,000 feet and shall 
indicate heliport boundaries, takeoff and landing pads, and typical 
flight tracks out to at least 4,000 feet horizontally from the landing 
pad. Where these flight tracks cannot be determined, obstructions or 
other limitations on flight tracks in and out of the heliport shall be 
identified within the map areas out to at least 4,000 feet horizontally 
from the landing pad. For static operation (hover), the helicopter type, 
the number of daily operations based on an annual average, and the 
duration in minutes of the hover operation shall be identified. The 
other information required in paragraph (b) shall be furnished in a form 
suitable for input to the HNM or other FAA approved methodology or 
computer program.

 Sec. A150.105  Identification of public agencies and planning agencies.

    (a) The airport proprietor shall identify each public agency and 
planning agency whose jurisdiction or responsibility is either wholly or 
partially within the Ldn 65 dB boundary.
    (b) For those agencies identified in (a) that have land use planning 
and control authority, the supporting documentation shall identify their 
geographic areas of jurisdiction.

                    Part C--Mathematical Descriptions

                         Sec. A150.201  General.

    The following mathematical descriptions provide the most precise 
definition of the yearly day-night average sound level (Ldn), 
the data necessary for its calculation, and the methods for computing 
it.

                         Sec. A150.203  Symbols.

    The following symbols are used in the computation of Ldn;

------------------------------------------------------------------------
                        Measure (in dB)                          Symbol
------------------------------------------------------------------------
Average Sound Level, During Time T............................        LT
Day-Night Average Sound Level (individual day)................      Ldni
Yearly Day-Night Average Sound Level..........................       Ldn
Sound Exposure Level..........................................       LAE
------------------------------------------------------------------------

                Sec. A150.205  Mathematical computations.

    (a) Average sound level must be computed in accordance with the 
following formula:
[GRAPHIC] [TIFF OMITTED] TC15SE91.000

where T is the length of the time period, in seconds, during which the 
average is taken; LA(t) is the instantaneous time varying A-
weighted sound level during the time period T.

    Note: When a noise environment is caused by a number of identifiable 
noise events, such as aircraft flyovers, average sound level may be 
conveniently calculated from the sound exposure levels of the individual 
events occurring within a time period T:


[[Page 99]]


[GRAPHIC] [TIFF OMITTED] TC15SE91.001

where LAEi is the sound exposure level of the i-th event, in 
a series of n events in time period T, in seconds.

    Note: When T is one hour, LT is referred to as one-hour 
average sound level.
    (b) Day-night average sound level (individual day) must be computed 
in accordance with the following formula:

[GRAPHIC] [TIFF OMITTED] TC15SE91.002

Time is in seconds, so the limits shown in hours and minutes are 
actually interpreted in seconds. It is often convenient to compute day-
night average sound level from the one-hour average sound levels 
obtained during successive hours.
    (c) Yearly day-night average sound level must be computed in 
accordance with the following formula:
[GRAPHIC] [TIFF OMITTED] TC15SE91.003

where Ldni is the day-night average sound level for the i-th 
day out of one year.
    (d) Sound exposure level must be computed in accordance with the 
following formula:
[GRAPHIC] [TIFF OMITTED] TC15SE91.004

where to is one second and LA(t) is the time-
varying A-weighted sound level in the time interval t1 to 
t2.
    The time interval should be sufficiently large that it encompasses 
all the significant sound of a designated event.
    The requisite integral may be approximated with sufficient accuracy 
by integrating LA(t) over the time interval during which 
LA(t) lies within 10 decibels of its maximum value, before 
and after the maximum occurs.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984; 50 FR 5064, Feb. 6, 1985, 
as amended by Amdt. 150-1, 53 FR 8724, Mar. 16, 1988]

          Appendix B to Part 150--Noise Compatibility Programs

Sec. B150.1  Scope and purpose.
Sec. B150.3  Requirement for noise map.
Sec. B150.5  Program standards.
Sec. B150.7  Analysis of program alternatives.
Sec. B150.9  Equivalent programs.

                     Sec. B150.1  Scope and purpose.

    (a) This appendix prescribes the content and the methods for 
developing noise compatibility programs authorized under this part. Each 
program must set forth the measures which the airport operator (or other 
person or agency responsible) has taken, or proposes to take, for the 
reduction of existing noncompatible land uses and the prevention of the 
introduction of additional noncompatible land uses within the area 
covered by the noise exposure map submitted by the operator.
    (b) The purpose of a noise compatibility program is:
    (1) To promote a planning process through which the airport operator 
can examine and analyze the noise impact created by the operation of an 
airport, as well as the costs and benefits associated with various 
alternative noise reduction techniques, and the responsible impacted 
land use control jurisdictions can examine existing and forecast areas 
of noncompatibility and consider actions to reduce noncompatible uses.
    (2) To bring together through public participation, agency 
coordination, and overall cooperation, all interested parties with their 
respective authorities and obligations, thereby facilitating the 
creation of an agreed upon noise abatement plan especially suited to the 
individual airport location while at the same time not unduly affecting 
the national air transportation system.
    (3) To develop comprehensive and implementable noise reduction 
techniques and land use controls which, to the maximum extent feasible, 
will confine severe aircraft YDNL values of Ldn 75 dB or 
greater to areas included within the airport boundary and will establish 
and maintain compatible

[[Page 100]]

land uses in the areas affected by noise between the Ldn 65 
and 75 dB contours.

                 Sec. B150.3  Requirement for noise map.

    (a) It is required that a current and complete noise exposure map 
and its supporting documentation as found in compliance with the 
applicable requirements by the FAA, per Sec. 150.21(c) be included in 
each noise compatibility program:
    (1) To identify existing and future noncompatible land uses, based 
on airport operation and off-airport land uses, which have generated the 
need to develop a program.
    (2) To identify changes in noncompatible uses to be derived from 
proposed program measures.
    (b) If the proposed noise compatibility program would yield maps 
differing from those previously submitted to FAA, the program shall be 
accompanied by appropriately revised maps. Such revisions must be 
prepared in accordance with the requirements of Sec. A150.101(e) of 
appendix A and will be accepted by FAA in accordance with 
Sec. 150.35(f).

                     Sec. B150.5  Program standards.

    Based upon the airport noise exposure and noncompatible land uses 
identified in the map, the airport operator shall evaluate the several 
alternative noise control actions and develop a noise compatibility 
program which--
    (a) Reduces existing noncompatible uses and prevents or reduces the 
probability of the establishment of additional noncompatible uses;
    (b) Does not impose undue burden on interstate and foreign commerce;
    (c) Provides for revision in accordance with Sec. 150.23 of this 
part.
    (d) Is not unjustly discriminatory.
    (e) Does not derogate safety or adversely affect the safe and 
efficient use of airspace.
    (f) To the extent practicable, meets both local needs and needs of 
the national air transportation system, considering tradeoffs between 
economic benefits derived from the airport and the noise impact.
    (g) Can be implemented in a manner consistent with all of the powers 
and duties of the Administrator of FAA.

             Sec. B150.7  Analysis of program alternatives.

    (a) Noise control alternatives must be considered and presented 
according to the following categories:
    (1) Noise abatement alternatives for which the airport operator has 
adequate implementation authority.
    (2) Noise abatement alternatives for which the requisite 
implementation authority is vested in a local agency or political 
subdivision governing body, or a state agency or political subdivision 
governing body.
    (3) Noise abatement options for which requisite authority is vested 
in the FAA or other Federal agency.
    (b) At a minimum, the operator shall analyze and report on the 
following alternatives, subject to the constraints that the strategies 
are appropriate to the specific airport (for example, an evaluation of 
night curfews is not appropriate if there are no night flights and none 
are forecast):
    (1) Acquisition of land and interests therein, including, but not 
limited to air rights, easements, and development rights, to ensure the 
use of property for purposes which are compatible with airport 
operations.
    (2) The construction of barriers and acoustical shielding, including 
the soundproofing of public buildings.
    (3) The implementation of a preferential runway system.
    (4) The use of flight procedures (including the modifications of 
flight tracks) to control the operation of aircraft to reduce exposure 
of individuals (or specific noise sensitive areas) to noise in the area 
around the airport.
    (5) The implementation of any restriction on the use of airport by 
any type or class of aircraft based on the noise characteristics of 
those aircraft. Such restrictions may include, but are not limited to--
    (i) Denial of use of the airport to aircraft types or classes which 
do not meet Federal noise standards;
    (ii) Capacity limitations based on the relative noisiness of 
different types of aircraft;
    (iii) Requirement that aircraft using the airport must use noise 
abatement takeoff or approach procedures previously approved as safe by 
the FAA;
    (iv) Landing fees based on FAA certificated or estimated noise 
emission levels or on time of arrival; and
    (v) Partial or complete curfews.
    (6) Other actions or combinations of actions which would have a 
beneficial noise control or abatement impact on the public.
    (7) Other actions recommended for analysis by the FAA for the 
specific airport.
    (c) For those alternatives selected for implementation, the program 
must identify the agency or agencies responsible for such 
implementation, whether those agencies have agreed to the 
implementation, and the approximate schedule agreed upon.

                    Sec. B150.9  Equivalent programs.

    (a) Notwithstanding any other provision of this part, noise 
compatibility programs prepared in connection with studies which were 
either Federally funded or Federally approved and commenced before 
October 1, 1981, are not required to be modified to contain the 
following items:
    (1) Flight tracks.
    (2) A noise contour of Ldn 70 dB resulting from aircraft 
operations and data related to

[[Page 101]]

the Ldn 70 dB contour. When determinations on land use 
compatibility using Table 1 of appendix A differ between Ldn 
65-70 dB and Ldn 70-75 dB, the determinations should either 
use the more conservative Ldn 70-75 dB column or reflect 
determinations based on local needs and values.
    (3) The categorization of alternatives pursuant to Sec. B150.7(a), 
although the persons responsible for implementation of each measure in 
the program must still be identified in accordance with 
Sec. 150.23(e)(8).
    (4) Use of ambient noise to determine land use compatibility.
    (b) Previously prepared noise compatibility program documentation 
may be supplemented to include these and other program requirements 
which have not been excepted.



PART 151--FEDERAL AID TO AIRPORTS--Table of Contents




                     Subpart A--General Requirements

Sec.
151.1  Applicability.
151.3  National Airport Plan.
151.5  General policies.
151.7  Grants of funds: General policies.
151.9  Runway clear zones: General.
151.11  Runway clear zones; requirements.
151.13  Federal-aid Airport Program: Policy affecting landing aid 
          requirements.
151.15  Federal-aid Airport Program: Policy affecting runway or taxiway 
          remarking.

    Subpart B--Rules and Procedures for Airport Development Projects

151.21  Procedures: Application; general information.
151.23  Procedures: Application; funding information.
151.24  Procedures: Application; information on estimated project costs.
151.25  Procedures: Application; information as to property interests.
151.26  Procedures: Applications; compatible land use information; 
          consideration of local community interest; relocation of 
          displaced persons.
151.27  Procedures: Application, plans, specifications, and appraisals.
151.29  Procedures: Offer, amendment, and acceptance.
151.31  Procedures: Grant agreement.
151.33  Cosponsorship and agency.
151.35  Airport development and facilities to which subparts B and C 
          apply.
151.37  Sponsor eligibility.
151.39  Project eligibility.
151.41  Project costs.
151.43  United States share of project costs.
151.45  Performance of construction work: General requirements.
151.47  Performance of construction work: Letting of contracts.
151.49  Performance of construction work: Contract requirements.
151.51  Performance of construction work: Sponsor force account.
151.53  Performance of construction work: Labor requirements.
151.54  Equal employment opportunity requirements: Before July 1, 1968.
151.54a  Equal employment opportunity requirements: After June 30, 1968.
151.55  Accounting and audit.
151.57  Grant payments: General.
151.59  Grant payments: Land acquisition.
151.61  Grant payments: Partial.
151.63  Grant payments: Semifinal and final.
151.65  Memoranda and hearings.
151.67  Forms.

                 Subpart C--Project Programing Standards

151.71  Applicability.
151.72  Incorporation by reference of technical guidelines in Advisory 
          Circulars.
151.73  Land acquisition.
151.75  Preparation of site.
151.77  Runway paving: General rules.
151.79  Runway paving: Second runway; wind conditions.
151.80  Runway paving: Additional runway; other conditions.
151.81  Taxiway paving.
151.83  Aprons.
151.85  Special treatment areas.
151.86  Lighting and electrical work: General.
151.87  Lighting and electrical work: Standards.
151.89  Roads.
151.91  Removal of obstructions.
151.93  Buildings; utilities; sidewalks; parking areas; and landscaping.
151.95  Fences; distance markers; navigational and landing aids; and 
          offsite work.
151.97  Maintenance and repair.
151.99  Modifications of programing standards.

  Subpart D--Rules and Procedures for Advance Planning and Engineering 
                                Proposals

151.111  Advance planning proposals: General.
151.113  Advance planning proposals: Sponsor eligibility.
151.115  Advance planning proposals: Cosponsorship and agency.
151.117  Advance planning proposals: Procedures; application.
151.119  Advance planning proposals: Procedures; funding.
151.121  Procedures: Offer; sponsor assurances.
151.123  Procedures: Offer; amendment; acceptance; advance planning 
          agreement.

[[Page 102]]

151.125  Allowable advance planning costs.
151.127  Accounting and audit.
151.129  Payments.
151.131  Forms.

Appendix A to Part 151
Appendix B to Part 151
Appendix C to Part 151
Appendix D to Part 151
Appendix E to Part 151
Appendix F to Part 151
Appendix G to Part 151
Appendix H to Part 151
Appendix I to Part 151



                     Subpart A--General Requirements

    Authority: 49 U.S.C. 106(g), 40113, 47151, 47153.



Sec. 151.1  Applicability.

    This part prescribes the policies and procedures for administering 
the Federal-aid Airport Program under the Federal Airport Act, as 
amended (49 U.S.C. 1101 et seq.).

[Doc. No. 1329, 27 FR 12349, Dec. 13, 1962]



Sec. 151.3  National Airport Plan.

    (a) Under the Federal Airport Act, the FAA prepares each year a 
``National Airport Plan'' for developing public airports in the United 
States, Puerto Rico, the Virgin Islands, and Guam. In terms of general 
location and type of development, the National Airport Plan specifies 
the maximum limits of airport development that is necessary to provide a 
system of public airports adequate to anticipate and meet the needs of 
civil aeronautics.
    (b) If, within the forecast period, an airport will have a 
substantial aeronautical necessity, it may be included in the National 
Airport Plan. Only work on an airport included in the current Plan is 
eligible for inclusion in the Federal-aid Airport Program to be 
undertaken within currently available appropriations and authorizations. 
However, the inclusion of an airport in the National Airport Plan does 
not commit the United States to include it in the Federal-aid Airport 
Program. In addition, the local community concerned is not required to 
proceed with planning or development of an airport included in the 
National Airport Plan.

[Amdt. 151-8, 30 FR 8039, June 23, 1965]



Sec. 151.5  General policies.

    (a) Airport layout plan. As used in this part, ``airport layout 
plan'' means the basic plan for the layout of an eligible airport that 
shows, as a minimum--
    (1) The present boundaries of the airport and of the offsite areas 
that the sponsor owns or controls for airport purposes, and of their 
proposed additions;
    (2) The location and nature of existing and proposed airport 
facilities (such as runways, taxiways, aprons, terminal buildings, 
hangars, and roads) and of their proposed modifications and extensions; 
and
    (3) The location of existing and proposed non-aviation areas, and of 
their existing improvements.

All airport development under the Federal-aid Airport Program must be 
done in accordance with an approved airport layout plan. Each airport 
layout plan, and any change in it, is subject to FAA approval. The 
Administrator's signature on the face of an original airport layout 
plan, or of any change in it, indicates FAA approval. The FAA approves 
an airport layout plan only if the airport development is sound and 
meets applicable requirements.
    (b) Safe, useful, and usable unit. Except as provided in paragraph 
(d) of this section, each advance planning and engineering proposal or 
airport development project must provide for the planning or development 
of--
    (1) An airport or unit of an airport that is safe, useful, and 
usable; or
    (2) An additional facility that increases the safety, usefulness, or 
usability of an airport.
    (c) National defense needs. The needs of national defense are fully 
considered in administering the Federal-aid Airport Program. However, 
approval of an advance planning and engineering proposal or a project 
application is limited to planning or airport development necessary for 
civil aviation.
    (d) Stage development. In any case in which airport development can 
be accomplished more economically under stage construction, federal 
funds may be programmed in advance for the development over two or more 
years under two or more grant agreements. In such a case, the FAA makes 
a tentative allocation of funds for both the

[[Page 103]]

current and future fiscal years, rather than allocating the entire 
federal share in one fiscal year. A grant agreement is made only during 
the fiscal year in which funds are authorized to be obligated. Advance 
planning and engineering grants are not made under this paragraph.

[Amdt. 151-8, 30 FR 8039, June 23, 1965]



Sec. 151.7  Grants of funds: General policies.

    (a) Compliance with sponsorship requirements. The FAA authorizes the 
expenditure of funds under the Federal-aid Airport Program for airport 
planning and engineering or for airport development only if the 
Administrator is satisfied that the sponsor has met or will meet the 
requirements established by existing and proposed agreements with the 
United States with respect to any airport that the sponsor owns or 
controls.
    (1) Agreements with the United States to which this requirement of 
compliance applies include--
    (i) Any grant agreement made under the Federal-aid Airport Program;
    (ii) Any covenant in a conveyance under section 16 of the Federal 
Airport Act;
    (iii) Any covenant in a conveyance of surplus airport property 
either under section 13(g) of the Surplus Property Act (50 U.S.C. App. 
1622(g)) or under Regulation 16 of the War Assets Administration; and
    (iv) Any AP-4 agreement made under the terminated Development 
Landing Areas National Defense Program and the Development Civil Landing 
Areas Program.

This requirement does not apply to assurances required under section 602 
of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) and Sec. 15.7 of the 
Federal Aviation Regulations (14 CFR 15.7).
    (2) If it appears that a sponsor has failed to comply with a 
requirement of an agreement with the United States with respect to an 
airport, the FAA notifies him of this fact and affords him an 
opportunity to submit materials to refute the allegation of 
noncompliance or to achieve compliance.
    (3) If a project is otherwise eligible under the Federal-aid Airport 
Program, a grant may be made to a sponsor who has not complied with an 
agreement if the sponsor shows--
    (i) That the noncompliance is caused by factors beyond his control; 
or
    (ii) That the following circumstances exist:
    (a) The noncompliance consisted of a failure, through mistake or 
ignorance, to perform minor conditions in old agreements with the 
Federal Government; and
    (b) The sponsor is taking reasonable action promptly to correct the 
deficiency or the deficiency relates to an obligation that is no longer 
required for the safe and efficient use of the airport under existing 
law and policy.
    (b) Small proposals and projects. Unless there is otherwise a 
special need for U.S. participation, the FAA includes an advance 
planning and engineering proposal or an airport development project in 
the Federal-aid Airport Program only if--
    (1) The advance planning and engineering proposal involves more than 
$1,000 in United States funds; and
    (2) The project application involves more than $5,000 in U.S. funds.

Whenever possible, the sponsor must consolidate small projects on a 
single airport in one grant agreement even though the airport 
development is to be accomplished over a period of years.
    (c) Previously obligated work. Unless the Administrator specifically 
authorizes it, no advance planning and engineering proposal or project 
application may include any planning, engineering, or construction work 
included in a prior agreement with the United States obligating the 
sponsor or any other non-U.S. public agency to do the work, and 
entitling the sponsor or any other non-United States public agency to 
payment of U.S. funds for all or part of the work.

(Secs. 1-15, 17-21, 60 Stat. 170, 49 U.S.C. 1120)

[Amdt. 151-8, 30 FR 8039, June 23, 1965, as amended by Amdt. 151-17, 31 
FR 16524, Dec. 28, 1966; Amdt. 151-19, 32 FR 9220, June 29, 1967]



Sec. 151.9  Runway clear zones: General.

    (a) Whenever funds are allocated for developing new runways or 
landing strips, or to improve or repair existing runways, the sponsor 
must own, acquire, or agree to acquire, runway clear

[[Page 104]]

zones. Exceptions are considered (on the basis of a full statement of 
facts by the sponsor) upon a showing of uneconomical acquisition costs, 
or lack of necessity for the acquisition.
    (b) For the purpose of this part, a runway clear zone is an area at 
ground level which begins at the end of each primary surface defined in 
Sec. 77.27(a) and extends with the width of each approach surface 
defined in Sec. 77.27 (b) and (c), to terminate directly below each 
approach surface slope at the point, or points, where the slope reaches 
a height of 50 feet above the elevation of the runway or 50 feet above 
the terrain at the outer extremity of the clear zone, whichever distance 
is shorter.
    (c) For the purposes of this section, an airport operator or owner 
is considered to have an adequate property interest if it has an 
easement (or a covenant running with the land) giving it enough control 
to rid the clear zone of all obstructions (objects so far as they 
project above the approach surfaces established by Sec. 77.27 (b) and 
(c) of part 77 of this chapter), and to prevent the creation of future 
obstructions; together with the right of entrance and exit for those 
purposes, to ensure the safe and unrestricted passage of aircraft in and 
over the area.

[Doc. No. 1329, 27 FR 12349, Dec. 13, 1962, as amended by Amdt. 151-7, 
30 FR 7484, June 8, 1965; Amdt. 151-21, 33 FR 258, Jan. 9, 1968]



Sec. 151.11  Runway clear zones; requirements.

    (a) In projects involving grants-in-aid under the Federal-aid 
Airport Program, a sponsor must own, acquire, or agree to acquire an 
adequate property interest in runway clear zone areas as prescribed in 
paragraph (b), (c), (d), or (e) of this section, as applicable. Property 
interests that a sponsor acquires to meet the requirements of this 
section are eligible for inclusion in the Program.
    (b) On new airports, the sponsor must own, acquire, or agree to 
acquire adequate property interests in runway clear zone areas (in 
connection with initial land acquisition) for all eligible runways or 
landing strips, without substantial deviation from standard 
configuration and length.
    (c) On existing airports where new runways or landing strips are 
developed, the sponsor must own, acquire, or agree to acquire adequate 
property interests in runway clear zone areas for each runway and 
landing strip to be developed or extended, to the extent that the 
Administrator determines practical and feasible considering all facts 
presented by the airport owner or operator, preferably without 
substantial deviation from standard configuration and length.
    (d) On existing airports where improvements are made to runways or 
landing strips, the sponsor must own, acquire, or agree to acquire 
adequate property interests in runway clear zone areas for each runway 
or landing strip that is to be improved to the extent that the 
Administrator determines is practical and feasible with regard to 
standard configuration, length, and property interests, considering all 
facts presented by the airport owner or operator. Any development that 
improves a specific runway or landing strip is considered to be a runway 
improvement, including runway lighting and the developing or lighting of 
taxiways serving a runway.
    (e) On existing airports where substantial improvements are made 
that do not benefit a specific runway or landing strip, such as overall 
grading or drainage, terminal area or building developments, the sponsor 
must own, acquire, or agree to acquire adequate property interests in 
runway clear zone areas for the dominant runway or landing strip to the 
extent that the Administrator determines is practical and feasible, with 
regard to standard configuration, length, and property interests, 
considering all facts presented by the airport owner or operator.
    (f) If a sponsor or other public agency shows that it is legally 
able to prevent the future erection or creation of obstructions in the 
runway clear zone area, and adopts protective measures to prohibit their 
future erection or creation, that showing is acceptable for the purposes 
of paragraphs (d) and (e) of this section in place of an adequate 
property interest (except for rights required for removing existing 
obstructions). In such a case, there must be an agreement between the 
FAA and the

[[Page 105]]

sponsor for removing or marking or lighting (to be determined in each 
case) any existing obstruction to air navigation In each case, the 
sponsor must furnish information as to the specific height limitations 
established and as to the current and foreseeable future use of the 
property to which they apply. The information must include an acceptable 
legal opinion of the validity of the measures adopted, including a 
conclusion that the height limitations are not unreasonable in view of 
current and foreseeable future use of the property, and are a reasonable 
exercise of the police power, together with the reasons or basis 
supporting the opinion.
    (g) The authority exercised by the Administrator under paragraphs 
(b), (c), (d), and (e) of this section to allow a deviation from, or the 
extent of conformity to, standard configuration or length of runway 
clear zones, or to determine the adequacy of property interests therein, 
is also exercised by Regional Directors.

[Doc. No. 1329, 27 FR 12350, Dec. 13, 1962, as amended by Amdt. 151-22, 
33 FR 8267, June 4, 1968; Amdt. 151-25, 33 FR 14535, Sept. 27, 1968]



Sec. 151.13  Federal-aid Airport Program: Policy affecting landing aid requirements.

    (a) Landing aid requirements. No project for developing or improving 
an airport may be approved for the Program unless it provides for 
acquiring or installing such of the following landing aids as the 
Administrator determines are needed for the safe and efficient use of 
the airport by aircraft, considering the category of the airport and the 
type and volume of traffic using it:
    (1) Land needed for installing approach lighting systems (ALS).
    (2) In-runway lighting.
    (3) High intensity runway lighting.
    (4) Runway distance markers.

For the purposes of this section ``approach lighting system (ALS)'' is a 
standard configuration of aeronautical ground lights in the approach 
area to a runway or channel to assist a pilot in making an approach to 
the runway or channel.
    (b) Specific landing aid requirements. The landing aids set forth in 
paragraphs (a) (1) through (4) of this section are required for the safe 
and efficient use of airports by aircraft in the following cases:
    (1) Lands for installing approach lighting systems are required as 
part of a project if the installing of the components of the system on 
the airport is in an approved FAA budget, unless the sponsor has already 
acquired the land necessary for the system or is otherwise undertaking 
to acquire that land. If the sponsor is otherwise undertaking to acquire 
the land, the grant agreement for the project must obligate the sponsor 
to complete the acquisition within a time limit prescribed by the 
Administrator. The Administrator immediately notifies a sponsor when a 
budget is approved providing for installing an approach lighting system 
at the airport concerned.
    (2) In-runway lighting is required as part of a project:
    (i) If the project includes:
    (a) Construction of a new runway designated by the FAA as an 
instrument landing runway for which the installation of an IFR precision 
approach system including ALS and ILS, has been programed by the FAA 
with funds then available therefor;
    (b) An extension of 3,000 feet or more (usable for landing purposes) 
of the approach end of a designated instrument landing runway equipped, 
or programed by the FAA, with funds then available therefor, to be 
equipped, with an IFR precision approach system including ALS and ILS;
    (c) Reconstruction of a designated instrument landing runway 
equipped, or programed by the FAA, with funds then available therefor, 
to be equipped with an IFR precision approach system including ALS and 
ILS, if the reconstruction requires the closing of the runway; or
    (d) Any other airport development on an airport whose designated 
instrument landing runway is equipped, or programed by the FAA, with 
funds then available therefor, to be equipped with an IFR precision 
approach system including ALS and ILS; and
    (ii) Only if a study of the airport shows that in-runway lighting is 
required for the safe and efficient use of the airport by aircraft, 
after the Administrator considers the following:

[[Page 106]]

    (a) The type and volume of flight activity;
    (b) Other existing or planned navigational aids;
    (c) Airport environmental factors such as local weather conditions 
and adjacent geographic profiles;
    (d) Approach and departure paths;
    (e) Effect on landing and takeoff minima; and
    (f) In the case of projects under paragraph (b)(2)(i)(d) of this 
section, whether installing in-runway lighting requires closing the 
runway for so long a time that the adverse effect on safety of its 
closing would outweigh the contribution to safety that would be gained 
by the in-runway lights or whether it would unduly interfere with the 
efficiency of aircraft operations.
    (3) High intensity runway edge lighting on the designated instrument 
landing runway is required as a part of a project whenever that runway 
is equipped or programed for the installation of an ILS and high 
intensity runway edge lights are not then installed on the runway or 
included in another project. A project for extending a runway that has 
high intensity runway edge lights on the existing runway requires, as a 
part of the project, the extension of the high intensity runway edge 
lights.
    (4) Runway distance markers whose design standards have been 
approved and published by the FAA are required as a part of a project on 
a case-by-case basis if, after reviewing the pertinent facts and 
circumstances of the case, the Administrator determines that they are 
needed for the safe and efficient use of the airport by aircraft.

[Doc. No. 1329, 27 FR 12350, Dec. 13, 1962, as amended by Amdt. 151-3, 
28 FR 12613, Nov. 27, 1963; Amdt. 151-33, 34 FR 9708, June 21, 1969]



Sec. 151.15  Federal-aid Airport Program: Policy affecting runway or taxiway remarking.

    No project for developing or improving an airport may be approved 
for the Program unless it provides for runway or taxiway remarking if 
the present marking is obliterated by construction, alteration or repair 
work included in a FAAP project or by the required routing of 
construction equipment used therein.

[Amdt. 151-17, 31 FR 16524, Dec. 28, 1966]



    Subpart B--Rules and Procedures for Airport Development Projects

    Authority: 49 U.S.C. 106(g), 40113, 47151, 47153.

    Source: Docket No. 1329, 27 FR 12351, Dec. 13, 1962, unless 
otherwise noted.



Sec. 151.21  Procedures: Application; general information.

    (a) An eligible sponsor that desires to obtain Federal aid for 
eligible airport development must submit to the Area Manager of the area 
in which the sponsor is located (hereinafter in this part referred to as 
the ``Area Manager''), a request on FAA Form 5100-3, accompanied by--
    (1) The sponsor's written statement as to whether the proposed 
project involves the displacement and relocation of persons residing on 
land physically acquired or to be acquired for the project development; 
and
    (2) The sponsor's written assurance, if the project involves 
displacement and relocation of such persons, that adequate replacement 
housing will be available or provided for (built, if necessary), without 
regard to their race, color, religion, sex, or national origin, before 
the execution of a grant agreement for the project.
    (b) A proposed project is selected for inclusion in a program only 
if the sponsor has submitted a written assurance when required by 
paragraph (a)(2) of this section, or if the Administrator has determined 
that the project does not involve the displacement and relocation of 
persons residing on land to be physically acquired or to be acquired for 
the project development. If the Administrator selects a proposed project 
for inclusion in a program, a tentative allocation of funds is made for 
it and the sponsor is notified of the allocation. The tentative 
allocation may be withdrawn if the sponsor fails to submit an acceptable 
project application as provided in paragraph (c) of this section or 
fails to proceed diligently with the project, or if adequate replacement 
housing is not available or provided for

[[Page 107]]

in accordance with a written assurance when required by paragraph (a)(2) 
of this section.
    (c) As soon as practicable after receiving notice of the tentative 
allocation, the sponsor must submit a project application on FAA Form 
1624 to the Area Manager, without changing the language of the form, 
unless the change is approved in advance by the Administrator. In the 
case of a joint project, each sponsor executes only those provisions of 
the project application that apply to it. A sponsor who has executed a 
grant agreement for a project for the development of an airport under 
the Program, may, in the Administrator's discretion, submit additional 
project applications on FAA Form 1624 for further development of that 
airport.

(49 U.S.C. 1120, 1655(c); sec. 6(c), Dept. of Transportation Act; sec. 
1.4(b)(1) of the regulations of the Office of the Secretary of 
Transportation; Federal Airport Act, as amended)

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-11, 
31 FR 6686, May 5, 1966; Amdt. 151-32, 34 FR 9617, June 19, 1969; Amdt. 
151-39, 35 FR 5536, Apr. 3, 1970]



Sec. 151.23  Procedures: Application; funding information.

    Each sponsor must state in its application that it has on hand, or 
show that it can obtain as needed, funds to pay all estimated costs of 
the proposed project that are not borne by the United States or by 
another sponsor. If any of the funds are to be furnished to a sponsor, 
or used to pay project costs on behalf of a sponsor, by a State agency 
or any other public agency that is not a sponsor of the project, that 
agency may, instead of the sponsor, submit evidence that the funds will 
be provided if the project is approved.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-34, 
34 FR 12883, Aug. 8, 1969]



Sec. 151.24  Procedures: Application; information on estimated project costs.

    (a) If any part of the estimated project costs consists of the value 
of donated land, labor, materials, or equipment, or of the value of a 
property interest in land acquired at a cost that (as represented by the 
sponsor) is not the actual cost or the amount of an award in eminent 
domain proceedings, the sponsor must so state in the application, 
indicating the nature of the donation or other transaction and the value 
it places on it.
    (b) If, after the grant agreement is executed and before the final 
payment of the allowable project costs is made under Sec. 151.63, it 
appears that the sponsor inadvertently or unknowingly failed to comply 
with paragraph (a) of this section as to any item, the Administrator--
    (1) Makes or obtains an appraisal of the item, and if the appraised 
value is less than the value placed on the item in the project 
application, notifies the sponsor that it may, within a stated time, ask 
in writing for reconsideration of the appraisal and submit statements of 
pertinent facts and opinion; and
    (2) Adjusts the U.S. share of the project costs to reflect any 
decrease in value of the item below that stated in the project 
application.

[Amdt. 151-34, 34 FR 12883, Aug. 8, 1969]



Sec. 151.25  Procedures: Application; information as to property interests.

    (a) Each sponsor must state in its application all of the property 
interests that he holds in the lands to be developed or used as part of, 
or in connection with, the airport as it will be when the project is 
completed. Each project application contains a covenant on the part of 
the sponsor to acquire, before starting construction work, or within a 
reasonable time if not needed for the construction, property interests 
satisfactory to the Administrator in all the lands in which it does not 
hold those property interests at the time it submits the application. In 
the case of a joint project, any one or more of the sponsors may hold or 
acquire the necessary property interests. In such a case, each sponsor 
may show on its application only those property interests that it holds 
or is to acquire.
    (b) Each sponsor of a project must send with its application a 
property map (designated as Exhibit A) or incorporate such a map by 
reference to one in a previous application that was approved. The 
sponsor must clearly identify on the map all property interests

[[Page 108]]

required in paragraph (a) of this section, showing prior and proposed 
acquisitions for which United States aid is requested under the project.
    (c) For the purposes of paragraphs (a) and (b) of this section, the 
property interest that the sponsor must have or agree to obtain, is--
    (1) Title free and clear of any reversionary interest, lien, 
easement, lease, or other encumbrance that, in the opinion of the 
Administrator, would create an undue risk that it might deprive the 
sponsor of possession or control, interfere with its use for public 
airport purposes, or make it impossible for the sponsor to carry out the 
agreements and covenants in the application;
    (2) A lease of not less than 20 years granted to the sponsor by 
another public agency that has title as described in paragraph (c)(1) of 
this section, on terms that the Administrator considers satisfactory; or
    (3) In the case of an offsite area an agreement, easement, 
leasehold, or other right or property interest 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 
purpose during the period necessary to meet the requirements of the 
grant agreement.
    (d) For the purposes of this section, the word ``land'' includes 
landing areas, building areas, runway clear zones, clearways and 
approach zones, and areas required for offsite construction, entrance 
roads, drainage, protection of approaches, installation of air 
navigation facilities, or other airport purposes.



Sec. 151.26  Procedures: Applications; compatible land use information; consideration of local community interest; relocation of displaced persons.

    (a) Each sponsor must state in its application the action that it 
has taken to restrict the use of land adjacent to or in the immediate 
vicinity of the airport to activities and purposes compatible with 
normal airport operations including landing and take-off of aircraft. 
The sponsor's statement must include information on--
    (1) Any property interests (such as airspace easements or title to 
airspace) acquired by the sponsor to assure compatible land use, or to 
protect or control aerial approaches;
    (2) Any zoning laws enacted or in force restricting the use of land 
adjacent to or in the vicinity of the airport, or assuring protection or 
control of aerial approaches, whether or not enacted by the sponsor; and
    (3) Any action taken by the sponsor to induce the appropriate 
government authority to enact zoning laws restricting the use of land 
adjacent to or in the vicinity of the airport, or assuring protection or 
control of aerial approaches, when the sponsor lacks the power to zone 
the land.
    (b) Each sponsor must submit with his application--
    (1) A written statement--
    (i) Specifying what consideration has been given to the interest of 
all communities in or near which the project is located; and
    (ii) Containing the substance of any objection to, or approval of, 
the proposed project made known to the sponsor by any local individual, 
group or community; and
    (2) A written statement showing that adequate replacement housing 
that is open to all persons, regardless of race, color, religion, sex, 
or national origin, is available and has been offered on the same 
nondiscriminatory basis to persons who have resided on land physically 
acquired or to be acquired for the project development and who will be 
displaced thereby.

[Amdt. 151-8, 30 FR 8039, June 23, 1965, as amended by Amdt. 151-17, 31 
FR 16524, Dec. 28, 1966; Amdt. 151-39, 35 FR 5537, Apr. 3, 1970]



Sec. 151.27  Procedures: Application, plans, specifications, and appraisals.

    (a) Except as provided in paragraph (b) of this section, each 
sponsor shall incorporate by reference in its project application the 
final plans and specifications, describing the items of airport 
development for which it requests United States aid. It must submit the 
plans and specifications with the application unless they were 
previously submitted or are submitted with that of another sponsor of 
the project.

[[Page 109]]

    (b) In special cases, the Administrator authorizes the postponement 
of the submission of final plans and specifications until a later date 
to be specified in the grant agreement, if the sponsor has submitted--
    (1) An airport layout plan approved by the Administrator; and
    (2) Preliminary plans and specifications in enough detail to 
identify all items of development included in the project, and prepared 
so as to provide for accomplishing the project in accordance with the 
master plan layout, the rules in subparts B and C and applicable local 
laws and regulations.
    (c) If the project involves acquiring a property interest in land by 
donation, or at a cost that (as represented by the sponsor) is not the 
actual cost or the amount of an award in eminent domain proceedings, the 
Administrator, before passing on the eligibility of the project makes or 
obtains an appraisal of the interest. If the appraised value is less 
than the value placed on the interest by the sponsor (Sec. 151.23), the 
Administrator notifies the sponsor that he may within a stated time, ask 
in writing for reconsideration of the appraisal and submit statements of 
pertinent facts and opinion.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962 as amended by Amdt. 151-8, 30 
FR 8039, June 23, 1965; Amdt. 151-17, 31 FR 16524, Dec. 28, 1966]



Sec. 151.29  Procedures: Offer, amendment, and acceptance.

    (a) Upon approving a project, the Administrator makes an offer to 
the sponsor to pay the United States share of the allowable project 
costs. The offer states a definite amount as the maximum obligation of 
the United States, and is subject to change or withdrawal by the 
Administrator, in his discretion, at any time before it is accepted.
    (b) If, before the sponsor accepts the offer, it is determined that 
the maximum obligation of the United States stated in the offer is not 
enough to pay the United States share of the allowable project costs, 
the sponsor may request an increase in the amount in the offer, through 
the Area Manager.
    (c) An official of the sponsor must accept the offer for the sponsor 
within the time prescribed in the offer, and in the required number of 
counterparts, by signing it in the space provided. The signing official 
must have been authorized to sign the acceptance by a resolution or 
ordinance adopted by the sponsor's governing body. The resolution or 
ordinance must, as appropriate under the local law--
    (1) Set forth the terms of the offer at length; or
    (2) Have a copy of the offer attached to the resolution or ordinance 
and incorporated into it by reference.

The sponsor must attach a certified copy of the resolution to each 
executed copy of an accepted offer or grant agreement that it is 
required to send to the Area Manager.



Sec. 151.31  Procedures: Grant agreement.

    (a) An offer by the Administrator, and acceptance by the sponsor, as 
set forth in Sec. 151.29, constitute a grant agreement between the 
sponsor and the United States. Except as provided in Sec. 151.41(c)(3), 
the United States does not pay, and is not obligated to pay, any part of 
the project costs that have been or may be incurred, before the grant 
agreement is executed.
    (b) The Administrator and the sponsor may agree to a change in a 
grant agreement if--
    (1) The change does not increase the maximum obligation of the 
United States under the grant agreement by more than 10 percent;
    (2) The change provides only for airport development that meets the 
requirements of subparts B and C; and
    (3) The change does not prejudice the interests of the United 
States.
    (c) When a change is agreed to, the Administrator issues a 
supplemental agreement incorporating the change. The sponsor must accept 
the supplemental agreement in the manner provided in Sec. 151.29(c).

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965]



Sec. 151.33  Cosponsorship and agency.

    (a) Any two or more public agencies that desire to participate 
either in accomplishing development under a project or in maintaining or 
operating the airport, may cosponsor it if they meet the requirements of 
subparts B and C, including--

[[Page 110]]

    (1) The eligibility requirements of Sec. 151.37; and
    (2) The submission of a single project application, executed by each 
sponsor, clearly stating the certifications, representations, 
warranties, and obligations made or assumed by each, or a separate 
application by each that does not meet all the requirements of subparts 
B and C if in the Administrator's opinion, the applications collectively 
meet the requirements of subparts B and C as applied to a project with a 
single sponsor.
    (b) A public agency that desires to participate in a project only by 
contributing funds to a sponsor need not become a sponsor or an agent of 
the sponsor, as provided in this section. However, any funds that it 
contributes are considered as funds of the sponsor for the purposes of 
the Federal Airport Act and this part.
    (c) If the sponsors of a joint project are not each willing to 
assume, jointly and severally, the obligations that subparts B and C 
requires a sponsor to assume, they must send a true copy of an agreement 
between them, satisfactory to the Administrator, to be incorporated into 
the grant agreement. Each agreement must state--
    (1) The responsibilities of each sponsor to the others with respect 
to accomplishing the proposed development and operating and maintaining 
the airport;
    (2) The obligations that each will assume to the United States; and
    (3) The name of the sponsor or sponsors who will accept, receipt 
for, and disburse grant payments.

If an offer is made to the sponsors of a joint project, as provided in 
Sec. 151.29, it contains a specific condition that it is made in 
accordance with the agreement between the sponsors (and the agreement is 
incorporated therein by reference) and that, by accepting the offer, 
each sponsor assumes only its respective obligations as set forth in the 
agreement.
    (d) A public agency may, if it is authorized by local law, act as 
agent of the public agency that is to own and operate the airport, with 
or without participating financially and without becoming a sponsor. The 
terms and conditions of the agency and the agent's authority to act for 
the sponsor must be set forth in an agency agreement that is 
satisfactory to the Administrator. The sponsor must submit a true copy 
of the agreement with the project application. Such an agent may accept, 
on behalf of the sponsor, an offer made under Sec. 151.29, only if that 
acceptance has been specifically and legally authorized by the sponsor's 
governing body and the authority is specifically set forth in the agency 
agreement.
    (e) When the cosponsors of an airport are not located in the same 
area, they must submit a joint request to the Area Manager of the area 
in which the airport development will be located.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-11, 31 FR 6686, May 5, 1966]



Sec. 151.35  Airport development and facilities to which subparts B and C apply.

    (a) Subparts B and C applies to the following kinds of airport 
development:
    (1) Any work involved in constructing, improving, or repairing a 
public airport or part thereof, including the constructing, altering, or 
repairing of only those buildings or parts thereof that are intended to 
house facilities or activities directly related to the safety of persons 
at the airport.
    (2) Removing, lowering, relocating, marking, and lighting of airport 
hazards as defined in Sec. 151.39(b).
    (3) Acquiring land or an interest therein, or any easement through 
or other interest in air space, that is necessary to allow any work 
covered by paragraph (a)(1) or (2) of this section, or to remove or 
mitigate, or prevent or limit the establishment of, airport hazards as 
defined in Sec. 151.39(b).

It does not apply to the constructing, altering, or repair of airport 
hangars or public parking facilities for passenger automobiles.
    (b) The airport facilities to which subparts B and C applies are 
those structures, runways, or other items, on or at an airport, that 
are--
    (1) Used or intended to be used, in connection with the landing, 
takeoff, or maneuvering of aircraft, or for or in connection with 
operating and maintaining the airport itself; or

[[Page 111]]

    (2) Required to be located at the airport for use by the users of 
its aeronautical facilities or by airport operators, concessionaires, 
and other users of the airport in connection with providing services or 
commodities to the users of those aeronautical facilities.
    (c) For the purposes of subparts B and C, ``public airport'' means 
an airport used for public purposes, under the control of a public 
agency named in Sec. 151.37(a), with a publicly owned landing area.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965]



Sec. 151.37  Sponsor eligibility.

    To be eligible to apply for an individual or joint project for 
development with respect to a particular airport a sponsor must--
    (a) Be a public agency, which includes for the purposes of this part 
only, a State, the District of Columbia, Puerto Rico, the Virgin 
Islands, Guam or an agency of any of them; a municipality or other 
political subdivision; a tax-supported organization; or the United 
States or an agency thereof;
    (b) Be legally, financially, and otherwise able to--
    (1) Make the certifications, representations, and warranties in the 
application form prescribed in Sec. 151.67(a);
    (2) Make, keep, and perform the assurances, agreements, and 
covenants in that form; and
    (3) Meet the other applicable requirements of the Federal Airport 
Act and subparts B and C;
    (c) Have, or be able to obtain, enough funds to meet the 
requirements of Sec. 151.23; and
    (d) Have, or be able to obtain, property interests that meet the 
requirements of Sec. 151.25(a).

For the purpose of paragraph (a) of this section, the United States, or 
an agency thereof, is not eligible for a project under subparts B and C, 
unless the project--
    (1) Is located in Puerto Rico, the Virgin Islands, or Guam;
    (2) Is in or is in close proximity to a national park, a national 
recreation area, or a national monument; or
    (3) Is in a national forest or a special reservation for United 
States purposes.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965]



Sec. 151.39  Project eligibility.

    (a) A project for construction or land acquisition may not be 
approved under subparts B and C unless--
    (1) It is an item of airport development described in 
Sec. 151.35(a);
    (2) The airport development is within the scope of the current 
National Airport Plan;
    (3) The airport development is, in the opinion of the Administrator, 
reasonably necessary to provide a needed civil airport facility;
    (4) The Administrator is satisfied that the project is reasonably 
consistent with existing plans of public agencies for the development of 
the area in which the airport is located and will contribute to the 
accomplishment of the purposes of the Federal-aid Airport Program;
    (5) The Administrator is satisfied, after considering the pertinent 
information including the sponsor's statements required by 
Sec. 151.26(b), that--
    (i) Fair consideration has been given to the interest of all 
communities in or near which the project is located; and
    (ii) Adequate replacement housing that is open to all persons, 
regardless of race, color, religion, sex, or national origin, is 
available and has been offered on the same nondiscriminatory basis to 
persons who have resided on land physically acquired or to be acquired 
for the project development and have been or will be displaced thereby;
    (6) The project provides for installing such of the landing aids 
specified in section 10(d) of the Federal Airport Act (49 U.S.C. 
1109(d)) as the Administrator considers are needed for the safe and 
efficient use of the airport by aircraft, based on the category of the 
airport and the type and volume of its traffic.
    (b) Only the following kinds of airport development described in 
Sec. 151.35(a) are eligible to be included in a project under subparts B 
and C:
    (1) Preparing all or part of an airport site, including clearing, 
grubbing filling and grading.

[[Page 112]]

    (2) Dredging of seaplane anchorages and channels.
    (3) Drainage work, on or off the airport or airport site.
    (4) Constructing, altering, or repairing airport buildings or parts 
thereof to the extent that it is covered by Sec. 151.35(a).
    (5) Constructing, altering, or repairing runways, taxiways, and 
aprons, including--
    (i) Bituminous resurfacing of pavements with a minimum of 100 pounds 
of plant-mixed material for each square yard;
    (ii) Applying bituminous surface treatment on a pavement (in 
accordance with FAA Specification P-609), the existing surface of which 
consists of that kind of surface treatment; and
    (iii) Resealing a runway that has been substantially extended or 
partially reconstructed, if that resealing is necessary for the uniform 
color and appearance of the runway.
    (6) Fencing, erosion control, seeding and sodding of an airport or 
airport site.
    (7) Installing, altering, or repairing airport markers and runway, 
taxiway and apron lighting facilities and equipment.
    (8) Constructing, altering, or repairing entrance roads and airport 
service roads.
    (9) Constructing, installing, or connecting utilities, either on or 
off the airport or airport site.
    (10) Removing, lowering, relocating marking, or lighting any airport 
hazard.
    (11) Clearing, grading, and filling to allow the installing of 
landing aids.
    (12) Relocating structures, roads, and utilities necessary to allow 
eligible airport development.
    (13) Acquiring land or an interest therein, or any easement through 
or other interest in airspace, when necessary to--
    (i) Allow other airport development to be made, whether or not a 
part of the Federal-aid Airport Program;
    (ii) Prevent or limit the establishment of airport hazards;
    (iii) Allow the removal, lowering, relocation, marking, and lighting 
of existing airport hazards;
    (iv) Allow the installing of landing aids; or
    (v) Allow the proper use, operation, maintenance, and management of 
the airport as a public facility.
    (14) Any other airport development described in Sec. 151.35(a) that 
is specifically approved by the Administrator.

For the purposes of paragraph (b)(10) of this section, an airport hazard 
is any structure or object of natural growth located on or in the 
vicinity of a public airport, or any use of land in the vicinity of the 
airport, that obstructs the airspace needed for the landing or takeoff 
of aircraft or is otherwise hazardous to the landing or takeoff of 
aircraft. For the purposes of paragraph (b)(13) of this section, land 
acquisition includes the acquiring of land that is already developed as 
a private airport and the structures, fixtures, and improvements that 
are a part of realty (other than hangars, other ineligible structures 
and parts thereof, fixtures, and improvements).
    (c) A project for acquiring land that has been or will be donated to 
the sponsor is not eligible for inclusion in the Federal-aid Airport 
Program, unless the project also includes other items of airport 
development that would require a sponsor's contribution equal to or more 
than the United States share of the value of the donated land as 
appraised by the Administrator.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16524, Dec. 28, 1966; 
Amdt. 151-37, 35 FR 5112, Mar. 26, 1970; Amdt. 151-39, 35 FR 5537, Apr. 
3, 1970]



Sec. 151.41  Project costs.

    (a) For the purposes of subparts B and C, project costs consist of 
any costs involved in accomplishing a project, including those of--
    (1) Making field surveys;
    (2) Preparing plans and specifications;
    (3) Accomplishing or procuring the accomplishing of the work;
    (4) Supervising and inspecting construction work;
    (5) Acquiring land, or an interest therein, or any casement through 
or other interest in airspace; and
    (6) Administrative and other incidental costs incurred specifically 
in

[[Page 113]]

connection with accomplishing a project, and that would not have 
otherwise been incurred.
    (b) The costs described in paragraph (a) of this section, including 
the value of land, labor, materials, and equipment donated or loaned to 
the sponsor and appropriated to the project by the sponsor, are eligible 
for consideration as to their allowability, except for--
    (1) That part of the cost of rehabilitation or repair for which 
funds have been appropriated under section 17 of the Federal Airport Act 
(49 U.S.C. 1116);
    (2) That part of the cost of acquiring an existing private airport 
that represents the cost of acquiring passenger automobile parking 
facilities, buildings to be used as hangars, living quarters, or for 
nonairport purposes, at the airport, and those buildings or parts of 
buildings the construction of which is not airport development within 
the meaning of Sec. 151.35(a);
    (3) The cost of materials and supplies owned by the sponsor or 
furnished from a source of supply owned by the sponsor if--
    (i) Those materials and supplies were used for airport development 
before the grant agreement was executed; or
    (ii) The cost is not supported by proper evidence of quantity and 
value;
    (4) The cost of nonexpendable machinery, tools, or equipment owned 
by the sponsor and used under a project by the sponsors force account, 
except to the extent of the fair rental value of that machinery, tools, 
or equipment for the period it is used on the project;
    (5) The costs of general area, urban, or statewide planning of 
airports, as distinguished from planning a specific project;
    (6) The value of any land, including improvements, donated to the 
sponsor by another public agency; and
    (7) Any costs incurred in connection with raising funds by the 
sponsor, including interest and premium charges and administrative 
expenses involved in conducting bond elections and in the sale of bonds.
    (c) To be an allowable project cost, for the purposes of computing 
the amount of a grant, an item that is paid or incurred must, in the 
opinion of the Administrator--
    (1) Have been necessary to accomplish airport development in 
conformity with the approved plans and specifications for an approved 
project and with the terms of the grant agreement for the project;
    (2) Be reasonable in amount (or be subject to partial disallowance 
under section 13(a)(3) of the Federal Airport Act (49 U.S.C. 
1112(a)(3));
    (3) Have been incurred after the date the grant agreement was 
executed, except that costs of land acquisition, field surveys, 
planning, preparing plans and specifications, and administrative and 
incidental costs, may be allowed even though they were incurred before 
that date, if they were incurred after May 13, 1946; and
    (4) Be supported by satisfactory evidence.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-14, 31 FR 11747, Sept. 8, 1966]



Sec. 151.43  United States share of project costs.

    (a) The United States share of the allowable costs of a project is 
stated in the grant agreement for the project, to be paid from 
appropriations made under the Federal Airport Act.
    (b) Except as provided in paragraphs (c) and (d) of this section and 
in subpart C of this part, the United States share of the costs of an 
approved project for airport development (regardless of its size or 
location) is 50 percent of the allowable costs of the project.
    (c) The U.S. share of the costs of an approved project for airport 
development in a State in which the unappropriated and unreserved public 
lands and nontaxable Indian lands (individual and tribal) is more than 5 
percent of its total land, is the percentage set forth in the following 
table:

------------------------------------------------------------------------
                             State                               Percent
------------------------------------------------------------------------
Alaska........................................................     62.50
Arizona.......................................................     60.80
California....................................................     53.72
Colorado......................................................     52.98
Idaho.........................................................     55.80
Montana.......................................................     52.99
Nevada........................................................     62.50
New Mexico....................................................     56.14
Oregon........................................................     55.64
South Dakota..................................................     52.53
Utah..........................................................     60.65
Washington....................................................     51.53

[[Page 114]]

 
Wyoming.......................................................     56.33
------------------------------------------------------------------------

    (d) The United States share of the costs of an approved project, 
representing the costs of any of the following, is 75 percent:
    (1) The costs of installing high intensity runway edge lighting on a 
designated instrument landing runway or other runway with an approved 
straight-in approach procedure.
    (2) The costs of installing in-runway lighting (touchdown zone 
lighting system, and centerline lighting system).
    (3) The costs of installing runway distance markers.
    (4) The costs of acquiring land, or a suitable property interest in 
land or in or over water, needed for installing operating, and 
maintaining an ALS (as described in Sec. 151.13).
    (5) The costs of any project in the Virgin Islands.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962 as amended by Amdt. 151-17, 
31 FR 16524, Dec. 28, 1966; Amdt. 151-20, 32 FR 17471; Dec. 6, 1967; 
Amdt. 151-35, 34 FR 13699, Aug. 27, 1969; Amdt. 151-36, 34 FR 19501 Dec. 
10, 1969]



Sec. 151.45  Performance of construction work: General requirements.

    (a) All construction work under a project must be performed under 
contract, except in a case where the Administrator determines that the 
project, or a part of it, can be more effectively and economically 
accomplished on a force account basis by the sponsor or by another 
public agency acting for or as agent of the sponsor.
    (b) Each contract under a project must meet the requirements of 
local law.
    (c) No sponsor may issue any change order under any of its 
construction contracts or enter into a supplemental agreement unless 
three copies of that order or agreement have been sent to and approved 
by the Area Manager. Secs. 151.47 and 151.49 apply to supplemental 
agreements as well as to original contracts.
    (d) This section and Secs. 151.47 through 151.49 do not apply to 
contracts with the owners of airport hazards, (as described in 
Sec. 151.39(b)), buildings, pipe lines, power lines, or other structures 
or facilities, for installing, extending, changing, removing, or 
relocating that structure or facility. However, the sponsor must obtain 
the approval of the Area Manager before entering into such a contract.
    (e) No sponsor may allow a contractor or subcontractor to begin work 
under a project until--
    (1) The sponsor has furnished three conformed copies of the contract 
to the Area Manager; and
    (2) The Area Manager agrees to the issuance of a notice to proceed 
with the work to the contractor. However, the Area Manager does not 
agree to the issuance of such a notice unless he is satisfied that 
adequate replacement housing is available and has been offered to 
affected persons, as required for project eligibility by 
Sec. 151.39(a)(5).
    (f) Except when the Area Manager determines that the sponsor has 
previously demonstrated satisfactory engineering and construction 
supervision and inspection, no sponsor may allow a contractor or 
subcontractor to begin work, nor may the sponsor begin force account 
work, until the sponsor has notified the Area Manager in writing that 
engineering and construction supervision and inspection have been 
arranged to insure that construction will conform to FAA approved plans 
and specifications, and that the sponsor has caused a review to be made 
of the qualifications of personnel who will be performing such 
supervision and inspection and is satisfied that they are qualified to 
do so.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-31, 
34 FR 4885, Mar. 6, 1969; Amdt. 151-39, 35 FR 5537, Apr. 3, 1970]



Sec. 151.47  Performance of construction work: Letting of contracts.

    (a) Advertising required; exceptions. Unless the Administrator 
approves another method for use on a particular airport development 
project, each contract for construction work on a project in the amount 
of more than $2,000 must be awarded on the basis of public advertising 
and open competitive bidding under the local law applicable to the 
letting of public contracts. Any oral or written agreement or 
understanding between a sponsor and another public agency that is not a 
sponsor of the project, under which that

[[Page 115]]

public agency undertakes construction work for or as agent of the 
sponsor, is not considered to be a construction contract for the 
purposes of this section, or Secs. 151.45, 151.49, and 151.51.
    (b) Advertisement; conditions and contents. There may be no 
advertisement for bids on, or negotiation of, a construction contract 
until the Administrator has approved the plans and specifications. The 
advertisement shall inform the bidders of the contract and reporting 
provisions required by Sec. 151.54. Unless the estimated contract price 
or construction cost is $2,000 or less, there may be no advertisement 
for bids or negotiation until the Administrator has given the sponsor a 
copy of a decision of the Secretary of Labor establishing the minimum 
wage rates for skilled and unskilled labor under the proposed contract. 
In each case, a copy of the wage determination decision must be set 
forth in the initial invitation for bids or proposed contract or 
incorporated therein by reference to a copy set forth in the advertised 
or negotiated specifications.
    (c) Procedure for the Secretary of Labor's wage determinations. At 
least 60 days before the intended date of advertising or negotiating 
under paragraph (b) of this section, the sponsor shall send to the Area 
Manager, completed Department of Labor Form DB-11, with only the 
classifications needed in the performance of the work checked. General 
entries (such as ``entire schedule'' or ``all applicable 
classifications'') may not be used. Additional necessary classifications 
not on the form may be typed in the blank spaces or on an attached 
separate list. A classification that can be fitted into classifications 
on the form, or a classification that is not generally recognized in the 
area or in the industry, may not be used. Except in areas where the wage 
patterns are clearly established, the Form must be accompanied by any 
available pertinent wage payment or locally prevailing fringe benefit 
information.
    (d) Use and effectiveness of the Secretary of Labor's wage 
determinations. (1) Wage determinations are effective only for 120 days 
from the date of the determinations. If it appears that a determination 
may expire between bid opening and award, the sponsor shall so advise 
the FAA as soon as possible. If he wishes a new request for wage 
determination to be made and if any pertinent circumstances have 
changed, he shall submit a new Form DB-11 and accompanying information. 
If he claims that the determination expires before award and after bid 
opening due to unavoidable circumstances, he shall submit proof of the 
facts which he claims support a finding to that effect.
    (2) The Secretary of Labor may modify any wage determination before 
the award of the contract or contracts for which it was sought. If the 
proposed contract is awarded on the basis of public advertisement and 
open competitive bidding, any modification that the FAA receives less 
than 10 days before the opening of bids is not effective, unless the 
Administrator finds that there is reasonable time to notify bidders. A 
modification may not continue in effect beyond the effective period of 
the wage determination to which it relates. The Administrator sends any 
modification to the sponsor as soon as possible. If the modification is 
effective, it must be incorporated in the invitation for bids, by 
issuing an addendum to the specifications or otherwise.
    (e) Requirements for awarding construction contracts. A sponsor may 
not award a construction contract without the written concurrence of the 
Administrator (through the Area Manager) that the contract prices are 
reasonable and that the contract conforms to the sponsor's grant 
agreement with the United States. A sponsor that awards contracts on the 
basis of public advertising and open competitive bidding, shall, after 
the bids are opened, send a tabulation of the bids and its 
recommendations for award to the Area Manager. The allowable project 
costs of the work, on which the Federal participation is computed, may 
not be more than the bid of the lowest responsible bidder. The sponsor 
may not accept a bid by a contractor whose name appears on the current 
list of ineligible contractors published by the Comptroller General of 
the United States under Sec. 5.6(b) of Title 29 of the regulations of 
the Secretary of Labor (29 CFR part 5), or a bid by any firm, 
corporation, partnership, or association in

[[Page 116]]

which that contractor has a substantial interest.
    (f) Secretary of Labor's interpretations apply. Where applicable by 
their terms, the regulations of the Secretary of Labor (29 CFR 5.20-
5.32) interpreting the fringe benefit provisions of the Davis-Bacon Act 
apply to this section.

[Amdt. 151-6, 29 FR 18001, Dec. 18, 1964]



Sec. 151.49  Performance of construction work: Contract requirements.

    (a) Contract provisions. In addition to any other provisions 
necessary to ensure completion of the work in accordance with the grant 
agreement, each sponsor entering into a construction contract for an 
airport development project shall insert in the contract the provisions 
required by the Secretary of Labor, as set forth in appendix H of this 
part. The Director, Airports Service, may amend any provision in 
appendix H from time to time to accord with rule-making action of the 
Secretary of Labor. The provisions in the following paragraphs also must 
be inserted in the contract:

    (1) Federal Aid to Airport Program Project. The work in this 
contract is included in Federal-aid Airport Project No. __, which is 
being undertaken and accomplished by the [insert sponsor's name] in 
accordance with the terms and conditions of a grant agreement between 
the [insert sponsor's name] and the United States, under the Federal 
Airport Act (49 U.S.C. 1101) and part 151 of the Federal Aviation 
Regulations (14 CFR part 151), pursuant to which the United States has 
agreed to pay a certain percentage of the costs of the project that are 
determined to be allowable project costs under that Act. The United 
States is not a party to this contract and no reference in this contract 
to the FAA or any representative thereof, or to any rights granted to 
the FAA or any representative thereof, or the United States, by the 
contract, makes the United States a party to this contract.
    (2) Consent to assignment. The contractor shall obtain the prior 
written consent of the [insert sponsor's name] to any proposed 
assignment of any interest in or part of this contract.
    (3) Convict labor. No convict labor may be employed under this 
contract.
    (4) Veterans' preference. In the employment of labor (except in 
executive, administrative, and supervisory positions), preference shall 
be given to qualified individuals who have served in the military 
service of the United States (as defined in section 101(1) of the 
Soldiers' and Sailors' Civil Relief Act of 1940) and have been honorably 
discharged from that service, except that preference may be given only 
where that labor is available locally and is qualified to perform the 
work to which the employment relates.
    (5) Withholding: Sponsor from contractor. Whether or not payments or 
advances to the [insert sponsor's name] are withheld or suspended by the 
FAA, the [insert sponsor's name] may withhold or cause to be withheld 
from the contractor so much of the accrued payments or advances as may 
be considered necessary to pay laborers and mechanics employed by the 
contractor or any subcontractor on the work the full amount of wages 
required by this contract.
    (6) Nonpayment of wages. If the contractor or subcontractor fails to 
pay any laborer or mechanic employed or working on the site of the work 
any of the wages required by this contract the [insert sponsor's name] 
may, after written notice to the contractor, take such action as may be 
necessary to cause the suspension of any further payment or advance of 
funds until the violations cease.
    (7) FAA inspection and review. The contractor shall allow any 
authorized representative of the FAA to inspect and review any work or 
materials used in the performance of this contract.
    (8) Subcontracts. The contractor shall insert in each of his 
subcontracts the provisions contained in paragraphs [insert designations 
of 6 paragraphs of contract corresponding to paragraphs (1), (3), (4), 
(5), (6) and (7) of this paragraph], and also a clause requiring the 
subcontractors to include these provisions in any lower tier 
subcontracts which they may enter into, together with a clause requiring 
this insertion in any further subcontracts that may in turn be made.
    (9) Contract termination. A breach of paragraphs [insert designation 
of 3 paragraphs corresponding to paragraphs (6), (7) and (8) of this 
paragraph] may be grounds for termination of the contract.

    (b) Exemption of certain contracts. Appendix H to this part and 
paragraph (a)(5) of this section do not apply to prime contracts of 
$2,000 or less.
    (c) Adjustment in liquidated damages. A contractor or subcontractor 
who has become liable for liquidated damages under paragraph G of 
appendix H and who claims that the amount administratively determined as 
liquidated damages under section 104(a) of the Contract Work Hours 
Standards Act is incorrect or that he violated inadvertently the 
Contract Work Hours Standards Act notwithstanding the exercise of due 
care, may--

[[Page 117]]

    (1) If the amount determined is more than $100, apply to the 
Administrator for a recommendation to the Secretary of Labor that an 
appropriate adjustment be made or that he be relieved of liability for 
such liquidated damages; or
    (2) If the amount determined is $100 or less, apply to the 
Administrator for an appropriate adjustment in liquidated damages or for 
release from liability for the liquidated damages.
    (d) Corrected wage determinations. The Secretary of Labor corrects 
any wage determination included in any contract under this section 
whenever the wage determination contains clerical errors. A correction 
may be made at the Administrator's request or on the initiative of the 
Secretary of Labor.
    (e) Secretary of Labor's interpretations apply. Where applicable by 
their terms, the regulations of the Secretary of Labor (29 CFR 5.20-
5.32) interpreting the ``fringe benefit provisions'' of the Davis-Bacon 
Act apply to the contract provisions in appendix H, and to this section.

[Amdt. 151-6, 29 FR 18001, Dec. 18, 1964, as amended by Amdt. 151-7, 30 
FR 7484, June 6, 1965]



Sec. 151.51  Performance of construction work: Sponsor force account.

    (a) Before undertaking any force account construction work, the 
sponsor (or any public agency acting as agent for the sponsor) must 
obtain the written consent of the Administrator through the Area 
Manager. In requesting that consent, the sponsor must submit--
    (1) Adequate plans and specifications showing the nature and extent 
of the construction work to be performed under that force account;
    (2) A schedule of the proposed construction and of the construction 
equipment that will be available for the project;
    (3) Assurance that adequate labor, material, equipment, engineering 
personnel, as well as supervisory and inspection personnel as required 
by Sec. 151.45(f), will be provided; and
    (4) A detailed estimate of the cost of the work, broken down for 
each class of costs involved, such as labor, materials, rental of 
equipment, and other pertinent items of cost.
    (b) [Reserved]

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-17, 
31 FR 16525, Dec. 28, 1966; Amdt. 151-31, 34 FR 4885, Mar. 6, 1969]



Sec. 151.53  Performance of construction work: Labor requirements.

    A sponsor who is required to include in a construction contract the 
labor provisions required by Sec. 151.49 shall require the contractor to 
comply with those provisions and shall cooperate with the FAA in 
effecting that compliance. For this purpose the sponsor shall--
    (a) Keep, and preserve, for a three-year period beginning on the 
date the contract is completed, each affidavit and payroll copy 
furnished by the contractor, and make those affidavits and copies 
available to the FAA, upon request, during that period;
    (b) Have each of those affidavits and payrolls examined by its 
resident engineer (or any other of its employees or agents who are 
qualified to make the necessary determinations), as soon as possible 
after receiving it, to the extent necessary to determine whether the 
contractor is complying with the labor provisions required by 
Sec. 151.49 and particularly with respect to whether the contractor's 
employees are correctly classified;
    (c) Have investigations made during the performance of work under 
the contract, to the extent necessary to determine whether the 
contractor is complying with those labor provisions, particularly with 
respect to whether the contractor's employees are correctly classified, 
including in the investigations, interviews with employees and 
examinations of payroll information at the work site by the sponsor's 
resident engineer (or any other of its employees or agents who are 
qualified to make the necessary determinations); and
    (d) Keep the Area Manager fully advised of all examinations and 
investigations made under this section, all determinations made on the 
basis of those examinations and investigations, and all efforts made to 
obtain compliance with the labor provisions of the contract.

[[Page 118]]


For the purposes of paragraph (c) of this section, the sponsor shall 
give priority to complaints of alleged violations, and shall treat as 
confidential any written or oral statements made by any employee. The 
sponsor may not disclose an employee's statement to a contractor without 
the employee's consent.



Sec. 151.54  Equal employment opportunity requirements: Before July 1, 1968.

    In conformity with Executive Order 11246 of September 24, 1965 (30 
FR 12319, 3 CFR, 1965 Supp., p. 167) the regulations of the former 
President's Committee on Equal Employment Opportunity, 41 CFR part 60-1 
(28 FR 9812, 11305), as adopted ``to the extent not inconsistent with 
Executive Order 11246'' by the Secretary of Labor (``Transfer of 
Functions,'' Oct. 19, 1965, 30 FR 13441), are incorporated by reference 
into subparts B and C of this part as set forth below. They are referred 
to in this section by section numbers of part 60-1 of title 41.
    (a) Equal employment opportunity requirements. There are hereby 
incorporated by reference into subparts B and C, as requirements, the 
provisions of Sec. 60-1.3(b)(1). The FAA is primarily responsible for 
the sponsor's compliance.
    (b) Equal employment opportunity requirements in construction 
contracts. The sponsor shall cause the ``equal opportunity clause'' in 
Sec. 60-1.3(b)(1) to be incorporated into all prime contracts and 
subcontracts as required by Sec. 60-1.3(c).
    (c) Reporting requirements for contractors and subcontractors. The 
sponsor shall cause the filing of compliance reports by contractors and 
subcontractors as provided in Sec. 60-1.6(a) and the furnishing of such 
other information as may be required under that provision.
    (d) Bidders' reports. (1) The sponsor shall include in his 
invitations for bids or negotiations for contracts, and shall require 
his contractors to include in their invitations for bids or negotiations 
for subcontracts, the following provisions based on Sec. 60-1.6(b)(1):

    Each bidder, prospective contractor or proposed subcontractor shall 
state as an initial part of the bid or negotiations of the contract 
whether he has participated in any previous contract or subcontract 
subject to the equal opportunity clause and, if so, whether he has filed 
with the Office of Federal Contract Compliance in the United States 
Department of Labor or the contracting or administering agency all 
compliance reports due under applicable instructions. In any case in 
which a bidder or prospective contractor or proposed subcontractor who 
has participated in a previous contract or subcontract subject to the 
equal opportunity clause has not filed a compliance report due under 
applicable instructions, such bidder, prospective contractor or proposed 
subcontractors shall submit a compliance report prior to the award of 
the proposed contract or subcontract. When a determination has been made 
to award a contract to a specific contractor, such contractor shall, 
prior to award, furnish such other pertinent information regarding his 
own employment policies and practices as well as those of his proposed 
subcontractors as the FAA, the sponsor, or the Director of the Office of 
Federal Contract compliance may require.

    (2) The sponsor or his contractors shall give express notice of the 
requirements of this paragraph (d) in all invitations for bids or 
negotiations for contracts.
    (e) Enforcement. The FAA conducts compliance reviews, handles 
complaints and, where appropriate, conducts hearings and imposes, or 
recommends to the Office of Federal Contract Compliance, sanctions, as 
provided in subpart B--General Enforcement; Complaint Procedure of part 
60-1.
    (f) Exempted contracts. Except for subcontracts for the performance 
of construction work at the site of construction, the requirements of 
this section do not apply to subcontracts below the second tier 
(Sec. 60-1.3(c)). The requirements of this section do not apply to 
contracts and subcontracts exempted by Sec. 60-1.4.
    (g) Meaning of terms. The term ``applicant'' in the provisions of 
part 60-1 incorporated by reference in this section means the sponsor, 
except where part 60-1 refers to an applicant for employment, and the 
term ``administering agency'' therein means the FAA.
    (h) Applicability to existing agreements and contracts. This section 
applies to grant agreements made after December 20, 1964, and before 
July 1, 1968. Except as provided in Sec. 151.54A(b), it applies to 
contracts and subcontracts as defined in Sec. 60-1.2 (i) and (k) of 
Title 41 made in

[[Page 119]]

accordance with a grant agreement to which this section applies.

(E.O. 11246, 30 FR 13441, 31 FR 6921; sec. 307, 72 Stat. 752, 49 U.S.C. 
1348)

[Amdt. 151-5, 29 FR 15569, Nov. 20, 1964, as amended by Amdt. 151-8, 30 
FR 8040, June 23, 1965; Amdt. 151-12, 31 FR 10261, July 29, 1966; Amdt. 
151-23, 33 FR 9543, June 29, 1968]



Sec. 151.54a  Equal employment opportunity requirements: After June 30, 1968.

    (a) Incorporation by reference. There are hereby incorporated by 
reference into this part the regulations issued by the Secretary of 
Labor on May 21, 1968, and published in the Federal Register on May 28, 
1968 (41 CFR part 60-1, 33 FR 7804), except for the following 
provisions:
    (1) Paragraph (a), ``Government contracts'', of Sec. 60-1.4, ``Equal 
opportunity clause''.
    (2) Section 60-1.6, ``Duties of agencies''.
    (b) Applicability and effectiveness. The regulations incorporated by 
reference in paragraph (a) of this section apply to grant agreements 
made after June 30, 1968. They also apply to contracts, as defined in 
Sec. 60-1.3(f) of Title 41, entered into under any grant agreement made 
before or after that date, as provided in Sec. 60-1.47 of Title 41.

(Sec. 307, 72 Stat. 752, 49 U.S.C. 1348)

[Amdt. 151-23, 33 FR 9543, June 29, 1968]



Sec. 151.55  Accounting and audit.

    (a) Each sponsor shall establish and maintain, for each individual 
project, an adequate accounting record to allow appropriate personnel of 
the FAA to determine all funds received (including funds of the sponsor 
and funds received from the United States or other sources), and to 
determine the allowability of all incurred costs of the project. The 
sponsor shall segregate and group project costs so that it can furnish, 
on due notice, cost information in the following cost classifications:
    (1) Purchase price or value of land.
    (2) Incidental costs of land acquisition.
    (3) Costs of contract construction.
    (4) Costs of force account construction.
    (5) Engineering costs of plans and designs.
    (6) Engineering costs of supervision and inspection.
    (7) Other administrative costs.
    (b) The sponsor shall obtain and retain in its files for a period of 
three years after the date of the final grant payment, documentary 
evidence such as invoices, cost estimates, and payrolls supporting each 
item of project costs.
    (c) The sponsor shall retain, for a period of three years after the 
date of the final grant payment, evidence of all payments for items of 
project costs including vouchers, cancelled checks or warrants, and 
receipts for cash payments.
    (d) The sponsor shall allow the Administrator and the Comptroller 
General of the United States, or an authorized representative of either 
of them, access to any of its books, documents, papers, and records that 
are pertinent to grants received under the Federal-aid Airport Program 
for the purposes of accounting and audit. Appropriate FAA personnel may 
make progress audits at any time during the project, upon notice to the 
sponsor. If work is suspended on the project for an appreciable period 
of time, an audit will be made before any semi-final payment is made. In 
each case an audit is made before the final payment.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965]



Sec. 151.57  Grant payments: General.

    (a) An application for a grant payment is made on FAA Form 5100-6, 
accompanied by--
    (1) A summary of project costs on Form FAA-1630;
    (2) A periodic cost estimate on Form FAA-1629 for each contract 
representing costs for which payment is requested; and
    (3) Any supporting information, including appraisals of property 
interests, that the FAA needs to determine the allowability of any costs 
for which payment is requested.
    (b) Contractor's certifications. Each application that involves work 
performed by a contractor must contain, in the contractor's 
certification in the

[[Page 120]]

periodic cost estimate, a statement that ``there has been full 
compliance with all labor provisions included in the contract identified 
above and in all subcontracts made under that contract'', and, in the 
case of a substantial dispute as to the nature of the contractor's or a 
subcontractor's obligation under the labor provisions of the contract or 
a subcontract, and additional phrase ``except insofar as a substantial 
dispute exists with respect to these provisions''.
    (c) If a contractor or subcontractor fails or refuses to comply with 
the labor provisions of the contract with the sponsor, further grant 
payments to the sponsor are suspended until the violations stop, until 
the Administrator determines the allowability of the project costs to 
which the violations related, or, to the extent that the violations 
consist of underpayments to labor, until the sponsor furnishes 
satisfactory assurances to the FAA that restitution has been or will be 
made to the affected employees.
    (d) If, upon final determination of the allowability of all project 
costs of a project, it is found that the total of grant payments to the 
sponsor was more than the total United States share of the allowable 
costs of the project, the sponsor shall promptly return the excess to 
the FAA.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-4, 
29 FR 11336, Aug. 6, 1964; Amdt. 151-8, 30 FR 8040, June 23, 1965; Amdt. 
151-17, 31 FR 16525, Dec. 28, 1966; Amdt. 151-32, 34 FR 9617, June 19, 
1969]



Sec. 151.59  Grant payments: Land acquisition.

    If an approved project includes land acquisition as an item of 
airport development, the sponsor may, at any time after executing the 
grant agreement and after title evidence has been approved by the 
Administrator for the property interest for which payment is requested, 
apply to the FAA, through the Area Manager, for payment of the United 
States share of the allowable project costs of the acquisition, 
including any acquisition that is completed before executing the grant 
agreement and is part of the airport development included in the 
project.



Sec. 151.61  Grant payments: Partial.

    (a) Subject to the final determination of allowable project costs as 
provided in Sec. 151.63 partial grant payments for project costs may be 
made to a sponsor upon application. Unless previously agreed otherwise, 
a sponsor may apply for partial payments on a monthly basis. The 
payments may be paid, upon application, on the basis of the costs of 
airport development that is accomplished or on the basis of the 
estimated cost of airport development expected to be accomplished.
    (b) Except as otherwise provided, partial grant payments are made in 
amounts large enough to bring the aggregate amount of all partial 
payments to the estimated United States share of the project costs of 
the airport development accomplished under the project as of the date of 
the sponsor's latest application for payment. In addition, if the 
sponsor applies, a partial grant payment is made as an advance payment 
in an amount large enough to bring the aggregate amount of all partial 
payments to the estimated United States share of the estimated project 
costs of the airport development expected to be accomplished within 30 
days after the date of the sponsor's application for advance payment. 
However, no partial payment may be made in an amount that would bring 
the aggregate amount of all partial payments for the project to more 
than 90 percent of the estimated United States share of the total 
estimated cost of all airport development included in the project, but 
not including contingency items, or 90 percent of the maximum obligation 
of the United States as stated in the grant agreement, whichever amount 
is the lower. In determining the amount of a partial grant payment, 
those project costs that the Administrator considers to be of 
questionable allowability are deducted both from the amount of proj- ect 
costs incurred and from the amount of the estimated total project cost.



Sec. 151.63  Grant payments: Semifinal and final.

    (a) Whenever airport development on a project is delayed or 
suspended for an appreciable period of time for reasons beyond the 
sponsor's control and the

[[Page 121]]

allowability of the project costs of all airport development completed 
has been determined on the basis of an audit and review of all costs, a 
semifinal grant payment may be made in an amount large enough to bring 
the aggregate amount of all partial grant payments for the project to 
the United States share of all allowable project costs incurred, even if 
the amount is more than the 90 percent limitation prescribed in 
Sec. 151.61(b). However, it may not be more than the maximum obligation 
of the United States as stated in the grant agreement.
    (b) Whenever the project is completed in accordance with the grant 
agreement, the sponsor may apply for final payment. The final payment is 
made to the sponsor if--
    (1) A final inspection of all work at the airport site has been made 
jointly by the Area Manager and representatives of the sponsor and the 
contractor, unless the Area Manager agrees to a different procedure for 
final inspection.
    (2) A final audit of the project account has been completed by 
appropriate personnel of the FAA; and
    (3) The sponsor has furnished final ``as constructed'' plans, unless 
otherwise agreed to by the Administrator.
    (c) Based upon the final inspection, the final audit, the plans, and 
the documents and supporting information required by Sec. 151.57(a), the 
Administrator determines the total amount of the allowable project costs 
and pays the sponsor the United States' share, less the total amount of 
all prior payments.



Sec. 151.65  Memoranda and hearings.

    (a) At any time before the FAA issues a grant offer for a project, 
any public agency or person having a substantial interest in the 
disposition of the project application may file a memorandum supporting 
or opposing it with the Area Manager of the area in which the project is 
located. In addition, that public agency or person may request a public 
hearing on the location of the airport to be developed. If, in the 
Administrator's opinion, that public agency or person has a substantial 
interest in the matter, a public hearing is held.
    (b) The Administrator sets the time and place of each hearing under 
this section, to avoid undue delay in disposing of the application, to 
afford reasonable time for all parties concerned to prepare for it, and 
to hold it at a place convenient to the sponsor. Notice of the time and 
place is mailed to the public agency or person filing the memorandum, 
the sponsor, and any other necessary persons.
    (c) The purpose of the hearing is to help the Administrator discover 
facts relating to the location of the airport that is proposed to be 
developed under an application pending before him. There are no adverse 
parties or interests and no defendant or respondent. They are not 
hearings for the purposes of 5 U.S.C. 554, 556, and 557, and do not 
terminate in an adjudication as defined in that Act.
    (d) Each hearing under this section is conducted by a hearing 
officer designated by the Administrator. The hearing officer decides the 
length of the hearing, the kind of testimony to be heard, and all other 
matters respecting the conduct of the hearing. The hearing is recorded 
in a manner determined by the hearing officer and the record becomes a 
part of the record of the project application. The Administrator's 
decision is not made solely on the basis of the hearing, but on all 
relevants facts.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-11, 
31 FR 6686, May 5, 1966; Amdt. 151-35, 34 FR 13699, Aug. 27, 1969]



Sec. 151.67  Forms.

    (a) The various forms used for the purposes of subparts B and C are 
as follows:
    (1) Requests for Federal-aid, FAA Form 5100-3: Contains a statement 
requesting Federal-aid in carrying out a project under the Federal 
Airport Act, with appropriate spaces for inserting information needed 
for considering the request, including the location of the airport, the 
amount of funds available to the sponsor, a description of the proposed 
work, and its estimated cost.
    (2) Project application, Form FAA-1624: A formal application for 
Federal-aid to carry out a project under this part. It contains four 
parts:
    (i) Part I--For pertinent information regarding the airport and 
proposed work included in the project.

[[Page 122]]

    (ii) Part II--For incorporating the representations of the sponsor 
relating to its legal authority to undertake the project, the 
availability of funds for its share of the project costs, approvals of 
other non-United States agencies, the existence of any default on the 
compliance requirements of Sec. 151.77(a), possible disabilities, and 
the ownership of lands and interests in lands to be used in carrying out 
the project and operating the airport.
    (iii) Part III--For incorporating the sponsor's assurances regarding 
the operation and maintenance of the airport, further development of the 
airport, and the acquisition of any additional interests in lands that 
may be needed to carry out the project or for operating the airport.
    (iv) Part IV--For a statement of the sponsor's acceptance, to be 
executed by the sponsor and certificated by its attorney.
    (3) [Reserved]
    (4) Grant agreement, Form FAA-1632:
    (i) Part I--Offer by the United States to pay a specified percentage 
of the allowable costs of the project, as described therein, on 
specified terms relating to the undertaking and carrying out of the 
project, determination of allowability of costs, payment of the United 
States share, and operation and maintenance of the airport in accordance 
with assurances in the proj- ect application.
    (ii) Part II--Acceptance of the offer by the sponsor, execution of 
the acceptance by the sponsor, and certification by its attorney.
    (5) Periodic cost estimate, Form FAA-1629: a certification to be 
executed by the contractor, with space for information regarding the 
progress of construction work as of a specific date, and the value of 
the completed work.
    (6) Application for grant payment, FAA Form 5100-6: Application for 
payment under a grant agreement for work completed as of a specific date 
or to be completed by a specific date, with space for an appropriate 
breakdown of project costs among the categories shown therein, and 
certification provisions to be executed by the sponsor and the Area 
Manager.
    (7) Summary of project costs, Form FAA-1630: For inserting the 
latest revised estimate of total project costs, the total costs incurred 
as of a specific date, an estimate of the aggregate of those total costs 
incurred to date and those to be incurred before a specific date in the 
future.
    (b) Copies of the forms named in this section, and assistance in 
completing and executing them, are available from the Area Manager.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-11, 31 FR 6686, May 5, 1966; Amdt. 
151-17, 31 FR 16525, Dec. 28, 1966; Amdt. 151-25, 33 FR 14535, Sept. 27, 
1968; Amdt. 151-34, 34 FR 12883, Aug. 8, 1969]



                 Subpart C--Project Programing Standards

    Authority: 49 U.S.C. 106(g), 40113, 47151, 47153.

    Source: Docket No. 1329, 27 FR 12357 Dec. 13, 1962, unless otherwise 
noted.



Sec. 151.71  Applicability.

    (a) This subpart prescribes programing and design and construction 
standards for projects under the Federal-Aid Airport Program to assure 
the most efficient use of Program funds and to assure that the most 
important elements of a national system of airports are provided.
    (b) Except for the standards made mandatory by Sec. 151.72(a), the 
standards prescribed in this subpart that apply to any particular 
project are those in effect on the date the sponsor accepts the 
Administrator's offer under Sec. 151.29(c). The standards of 
Sec. 151.72(a) applicable to a project are those in effect on the date 
written on the notification of tentative allocation of funds 
(Sec. 151.21(b)). Standards that become effective after that date may be 
applied to the project by agreement between the sponsor and the 
Administrator.

(Secs. 1-15, 17-21, 60 Stat. 170, 49 U.S.C. 1120)

[Amdt. 151-19, 32 FR 9220, June 29, 1967]



Sec. 151.72  Incorporation by reference of technical guidelines in Advisory Circulars.

    (a) Provisions incorporated; mandatory standards. The technical 
guidelines in the Advisory Circulars, or parts of Circulars, listed in 
appendix I of this part,

[[Page 123]]

are incorporated into this subpart by reference. Guidelines so 
incorporated are mandatory standards and apply in addition to the other 
standards in this subpart. No provision so incorporated and made 
mandatory supersedes any provision of this part 151 (other than of App. 
I) or of any other part of the Federal Aviation Regulations. Each 
Circular is incorporated with all amendments outstanding at any time 
unless the entry in appendix I of this part states otherwise.
    (b) Amendments of Appendix I. The Director, Airports Service, may 
add to, or delete from, appendix I of this part any Advisory Circular or 
part thereof.
    (c) Availability of Advisory Circulars. The Advisory Circulars 
listed in appendix I of this part may be inspected and copied at any FAA 
Regional Office, Area Office, or Airports District Office. Copies of the 
Circulars that are available free of charge may be obtained from any of 
the offices or from the Federal Aviation Administration, Printing 
Branch, HQ-438, Washington, D.C. 20553. Copies of the Circulars that are 
for sale may be bought from the Superintendent of Documents, U.S. 
Government Printing Office, Washington, D.C. 20402 for the price listed.

[Amdt. 151-13, 31 FR 11605, Sept. 2, 1966, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967]



Sec. 151.73  Land acquisition.

    (a) The acquisition of land or any interest therein, or of any 
easement or other interest in airspace, is eligible for inclusion in a 
project if it was made after May 13, 1946, and is necessary--
    (1) To allow the initial development of the airport;
    (2) For improvement indicated in the current National Airport Plan;
    (3) For ultimate development of the airport, as indicated in the 
current approved airport layout plan to the extent consistent with the 
National Airport Plan;
    (4) For approach protection meeting the standards of Sec. 77.23 as 
applied to Secs. 77.25 and 77.27 of this chapter;
    (5) To allow installing an ALS (as described in Sec. 151.13), in 
which case the costs of acquiring land needed for it are eligible for 75 
percent United States participation if the need is shown in the National 
Airport Plan, based on the best information available to the FAA for the 
forecast period;
    (6) To allow proper use, operation, or maintenance of the airport as 
a public facility, including offsite lands needed for locating necessary 
parts of the utility systems serving the airport;
    (7) To allow installing navigational aids by the FAA, if the land is 
within the airport boundaries; or
    (8) To allow relocation of navigational aids.
    (b) Appendix A of this part sets forth typical eligible and 
ineligible items of land acquisition as covered by this section.

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-7, 
30 FR 7484, June 8, 1965; Amdt. 151-8, 30 FR 8040, June 23, 1965]



Sec. 151.75  Preparation of site.

    (a) Grading, drainage, and associated items of site preparation are 
eligible for inclusion in a project, but only with respect to one 
landing strip at any airport, unless the airport qualifies for more than 
one runway, based on traffic volume or wind conditions (as outlined in 
Sec. 151.77) and the overall site preparation required for development 
in accordance with the airport layout plan. The complete clearance of 
runway clear zone areas is desirable, but, as a minimum, all 
obstructions as determined by Sec. 77.23 as applied to Sec. 77.27 (b) 
and (c) of this chapter must be removed. Grading in runway clear zones 
is eligible only to remove terrain that is an obstruction. The clear 
zone is not a graded overrun area. Specific site preparation for an 
airport terminal building is eligible on the same basis as the building 
itself. The site preparation cost is prorated based on eligible and 
ineligible building space. Appendix B of this part sets forth typical 
eligible and ineligible items of site preparation as covered by this 
section.
    (b) For the purposes of this section, eligible drainage work off the 
airport site includes drainage outfalls, drainage disposal, and 
interception ditches. If there is damage to adjacent property, its 
correction is an eligible item for inclusion in the project.

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-7, 
30 FR 7484, June 8, 1965; Amdt. 151-8, 30 FR 8040, June 23, 1965]

[[Page 124]]



Sec. 151.77  Runway paving: General rules.

    (a) On any airport, paving of the designated instrument landing 
runway (or dominant runway if there is no designated instrument runway) 
is eligible for inclusion in a project, within the limits of the current 
National Airport Plan. Program participation in constructing, 
reconstructing or resurfacing is limited to a single runway at each 
airport, unless more than one runway is eligible under a standard in 
Sec. 151.79 or Sec. 151.80.
    (b) The kinds of runway paving that are eligible for inclusion in a 
project include pavement construction and reconstruction, and include 
runway grooving to improve skid resistance, and resurfacing to increase 
the load bearing capacity of the runway or to provide a leveling course 
to correct major irregularities in the pavement. Runway resealing or 
refilling joints as an ordinary maintenance matter are not eligible 
items, except for bituminous resurfacing consisting of at least 100 
pounds of plant-mixed material for each square yard, and except for the 
application of a bituminous surface treatment (two applications of 
material and cover aggregate as prescribed in FAA Specification P-609) 
on a pavement the current surface of which consists of that kind of a 
bituminous surface treatment.
    (c) On new pavement construction, the applying of a bituminous seal 
coat on plant hot-mix bituminous surfaces only, is an eligible item only 
if initial engineering analysis and design indicate the need for a seal 
coat. However, any delay in applying it that is caused other than by 
construction difficulties, makes the application a maintenance item that 
is not eligible.
    (d) In any case in which the need for a seal coat is necessary for a 
new runway extension or partial reconstruction of a runway, the entire 
runway may be sealed.
    (e) Appendix C to this part sets forth typical eligible and 
ineligible items of runway paving.

(49 U.S.C. 1120)

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-17, 
31 FR 16525, Dec. 28, 1966; Amdt. 151-29, 34 FR 1634, Feb. 4, 1969]



Sec. 151.79  Runway paving: Second runway; wind conditions.

    (a) All airports. Paving a second runway on the basis of wind 
conditions is eligible for inclusion in a project only if the sponsor 
shows that--
    (1) The airport meets the applicable standards of paragraph (b), 
(c), or (d) of this section;
    (2) The operational experience, and the economic factors of air 
traffic at the location, justify an additional runway for the airport; 
and
    (3) The second runway is oriented with the existing paved runway to 
achieve the maximum wind coverage, with due consideration to the airport 
noise factor, topography, soil conditions, and other pertinent factors 
affecting the economy and efficiency of the runway development.
    (b) Airports serving large and small aircraft. The airport serves 
both large and small aircraft and the existing paved runway is subject 
to a crosswind component of more than 15 miles per hour (13 knots) more 
than 5 percent of the time.
    (c) Airports serving small aircraft only. The airport serves small 
aircraft exclusively, and--
    (1) The airport has 10,000, or more, aircraft operations each year; 
and
    (2) The existing paved runway is subject to a crosswind component of 
more than 12 miles per hour (10.5 knots) more than 5 percent of the 
time.
    (d) Airports serving aircraft of less than 8,000 pounds only. The 
airport serves small aircraft of less than 8,000 pounds maximum 
certificated takeoff weight exclusively and--
    (1) The airport has 5,000, or more, aircraft operations each year; 
and
    (2) The existing paved runway is subject to a crosswind component of 
more than 12 miles per hour (10.5 knots) more than 5 percent of the 
time.

[Amdt. 151-17, 31 FR 16525, Dec. 28, 1966, as amended by Amdt. 151-28, 
34 FR 551, Jan. 15, 1969]



Sec. 151.80  Runway paving: Additional runway; other conditions.

    Paving an additional runway on an airport that does not qualify for 
a second runway under Sec. 151.79 is eligible if the Administrator, upon 
consideration

[[Page 125]]

on a case-to-case basis, is satisfied that--
    (a) The volume of traffic justifies an additional paved runway and 
the layout and orientation of the additional runway will expedite 
traffic; or
    (b) A combination of traffic volume and aircraft noise problems 
justifies an additional paved runway for that airport.

[Amdt. 151-17, 31 FR 16525, Dec. 28, 1966]



Sec. 151.81  Taxiway paving.

    (a) The construction, alteration, and repair of taxiways needed to 
expedite the flow of ground traffic between runways and aircraft parking 
areas available for general public use are eligible items under the 
program. Taxiways to serve an area or facility that is primarily for the 
exclusive or near exclusive use of a tenant or operator that does not 
furnish aircraft servicing to the public are not eligible. In addition, 
the policies on resealing or refilling joints, as set forth in 
Sec. 151.77, apply also to taxiway paving.
    (b) Appendix D of this part sets forth typical eligible and 
ineligible items of taxiway paving.



Sec. 151.83  Aprons.

    (a) The construction, alteration, and repair of aprons are eligible 
program items upon being shown that they are needed as public use 
facilities. An apron to serve an area that is primarily for the 
exclusive or near exclusive use of a tenant or operator who does not 
furnish aircraft servicing to the public is not eligible. In addition, 
the policies on resealing or refilling joints, as set forth in 
Sec. 151.77 apply also to apron paving.
    (b) In determining public use for the purposes of this section, the 
current use being made of a hangar governs, unless there is definite 
information regarding its future use. In the case of an apron area being 
built for future hangars, it should be shown that early hangar 
development is assured and that the hangars will be public facilities.
    (c) Appendix E of this part sets forth typical eligible and 
ineligible items of apron paving.



Sec. 151.85  Special treatment areas.

    The following special treatment for areas adjacent to pavement is 
eligible for inclusion in a project in cases where, due to the operation 
of turbojet powered aircraft, it may be necessary to treat those areas 
adjacent to runway ends, holding aprons, and taxiways to prevent erosion 
from the blast effects of the turbojet:
    (a) Runway ends--a stabilized area the width of the runway and 
extending 100 to 150 feet from the end of the runway.
    (b) Holding aprons--a stabilized area up to 50 feet from the edge of 
the pavement.
    (c) Taxiway intersections--a stabilized area 25 feet on each side of 
the taxiway and extending 300 feet from the intersection.
    (d) Taxiway (continuous movement of aircraft)--dense turf 25 feet on 
each side of the taxiway, or in a geographic area where dense turf 
cannot be established, stabilization.



Sec. 151.86  Lighting and electrical work: General.

    (a) The installing of lighting facilities and related electrical 
work, as provided in Sec. 151.87, is eligible for inclusion in a project 
only if the Administrator determines, for the particular airport 
involved, that they are needed to ensure--
    (1) Its safe and efficient use by aircraft under Sec. 151.13; or
    (2) Its continued operation and adequate maintenance, and it has a 
large enough volume (actual or potential) of night operations.
    (b) Before the Administrator makes a grant offer to the sponsor of a 
project that includes installing lighting facilities and related 
electrical work under paragraph (a) of this section, the sponsor must--
    (1) Provide in the project for removing, relocating, or adequately 
marking and lighting, each obstruction in the approach and turning 
zones, as provided in Sec. 151.91(a);
    (2) Acknowledge its awareness of the cost of operating and 
maintaining airport lighting; and
    (3) Agree to operate the airport lighting installed--

[[Page 126]]

    (i) Throughout each night of the year; or
    (ii) According to a satisfactory plan of operation, submitted under 
paragraph (c) of this section.
    (c) The sponsor of a project that includes installing airport 
lighting and related electrical work, under paragraph (a) of this 
section, may--
    (1) Submit to the Administrator a proposed plan of operation of the 
airport lighting installed for periods less than throughout each night 
of the year;
    (2) Specify, in the proposed plan, the times when the airport 
lighting installed will be operated; and
    (3) Satisfy the Administrator that the proposed plan provides for 
safety in air commerce, and justifies the investment of Program funds.
    (d) Paragraph (b)(3) of this section also applies to each sponsor of 
a project that includes installing airport lighting and related 
electrical work if that sponsor has not entered into a grant agreement 
for the project before September 5, 1968.
    (e) If it agrees to comply with paragraph (b)(3) of this section, 
the sponsor of a project that includes installing airport lighting 
facilities and related electrical work that has entered into a grant 
agreement for that project before September 5, 1968, may--
    (1) Surrender its air navigation certificate authorizing operation 
of a ``true light'' issued before that date; or
    (2) Terminate its application for authority to operate a ``true 
light'' made before that date.

(Secs. 307, 606, 72 Stat. 749, 779; 49 U.S.C. 1120, 1348, 1426)

[Amdt. 151-24, 33 FR 12545, Sept. 5, 1968]



Sec. 151.87  Lighting and electrical work: Standards.

    (a)-(b) [Reserved]
    (c) The number of runways that are eligible for lighting is the same 
as the number eligible for paving under Sec. 151.77, Sec. 151.79, or 
Sec. 151.80.
    (d) The installing of high intensity runway edge lighting is 
eligible on a designated instrument landing runway and any other runway 
with approved straight-in approach procedures. A runway that is eligible 
for lighting, but does not meet the requirements for 75 percent U.S. 
participation under Sec. 151.43(d), is eligible for 50 percent U.S. 
participation in the costs of high intensity runway edge lighting (or 
the allowable percentage in Sec. 151.43(c) for public land States), if 
the airport is served by a navigational aid that will allow using 
instrument approach procedures. If a runway is not eligible for 75 or 50 
percent Federal participation in high intensity runway edge lighting but 
is otherwise eligible for runway lighting, the U.S. share of the cost of 
runway edge lighting is 50 percent of the cost of the lighting installed 
but not more than 50 percent of the cost of medium intensity lighting.
    (e) In-runway lighting (touchdown zone lighting system, and 
centerline lighting system) is eligible on the designated instrument 
landing runway.
    (f) Taxiways to eligible runways on airports served by transport 
aircraft are eligible for lighting. On airports serving only general 
aviation, the lighting of connecting taxiways is eligible if the runway 
served is lighted or is programed to be lighted. The lighting of a 
parallel taxiway is eligible if the taxiway is eligible for paving. 
Lighting of other taxiways is eligible or not, depending on the 
complexity of the taxiway system.
    (g) Floodlighting of aprons is eligible if there is a proven need 
for it, including a showing of night operations where the runway is 
lighted.
    (h) Any airport that is eligible to participate in the costs of 
runway lighting is eligible for the installing of an airport beacon, 
lighted wind indicator, obstruction lights, lighting control equipment, 
and other components of basic airport lighting, including separate 
transformer vaults and connection to the nearest available power source.
    (i) The interconnection of two or more power sources on an airport 
property, the providing of second sources of power, and the installing 
of standby engine generators of reasonable capacity, are eligible under 
the program.
    (j) Economy approach lighting aids are eligible for inclusion in a 
project at an airport that will not qualify within the next three years 
for approach lighting aids installed by FAA under the

[[Page 127]]

Facilities and Equipment Program if the economy approach lighting aids--
    (1) Will correct a visual deficiency on one of the lighted runways 
of the airport; or
    (2) Will permit operations at an airport at lower minimums.

``Economy approach lighting aids'' includes a medium intensity approach 
lighting system (MALS) that may include a sequence flasher (SF); a 
runway end identifier lights system (REILS): and an abbreviated visual 
approach slope indicator (AVASI).
    (k) Appendix F of this part sets forth typical eligible and 
ineligible items of airport lighting covered by Sec. 151.86 and this 
section.

(Secs. 307, 606, 72 Stat. 749, 799; 49 U.S.C. 1120, 1348, 1426)

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16525, Dec. 28, 1966; 
Amdt. 151-22, 33 FR 8267, June 4, 1968; Amdt. 151-24, 33 FR 12545, Sept. 
5, 1968; Amdt. 151-35, 34 FR 13699, Aug. 27, 1969]



Sec. 151.89  Roads.

    (a) Federal-aid Airport Program funds may not be used to resolve 
highway problems. Only those airport entrance roads that are definitely 
needed and are intended only as a way in and out of the airport are 
eligible.
    (b) The construction, alteration, and repair of airport roads and 
streets that are entirely within the airport boundaries are eligible 
under the program, if needed for operating and maintaining the airport. 
In the case of an entrance road, a strip right-of-way joining the main 
body of the airport to the nearest public road may be considered a part 
of the normal boundary of the airport if--
    (1) Adequate title is obtained;
    (2) It was acquired to provide an airport entrance road and was not, 
before the existence of the airport, a public thoroughfare;
    (3) The entrance road is intended only as a way in and out of the 
airport; and
    (4) The entrance road extends only to the nearest public highway, 
road, or street.
    (c) An entrance road may be joined to an existing highway or street 
with a normal fillet connection. However, acceleration-deceleration 
strips or grade separations are not eligible.
    (d) Offsite road or street relocation needed to allow airport 
development or to remove an obstruction, and is not for entrance road 
purposes, is eligible.
    (e) Appendix G sets forth typical eligible and ineligible items of 
road construction covered by this section.



Sec. 151.91  Removal of obstructions.

    (a) The removal or relocation, or both, of obstructions, as defined 
in Technical Standard Order N18 is eligible under the Program in cases 
where definite arrangements are made to prevent the obstruction from 
being recreated. In a case where removal is not feasible, the cost of 
marking or lighting it is eligible. The removal and relocation of 
structures necessary for essential airport development is eligible. The 
removal of structures that are not obstructions under Sec. 77.23 of this 
chapter as applied to Sec. 77.27 of this chapter are eligible when they 
are located within a runway clear zone.
    (b) The removal and relocation of an airport hangar that is an 
airport hazard (as described in Sec. 151.39(b)) is eligible, if the 
reerected hangar will be substantially identical to the disassembled 
one.
    (c) Whenever a hangar must be relocated (either for clearance of the 
site for other airport development or to remove a hazard) and the 
existing structure is to be relocated with or without disassembly, the 
cost of the relocation is an eligible item of project costs, including 
costs incidental to the relocation such as necessary footings and 
floors. However, if the existing structure is to be demolished and a new 
hangar is to be built, only the cost of demolishing the existing hangar 
is an eligible item.

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-22, 
33 FR 8267, June 4, 1968]



Sec. 151.93  Buildings; utilities; sidewalks; parking areas; and landscaping.

    (a) Only buildings or parts of buildings intended to house 
facilities or activities directly related to the safety of persons at 
the airport, including fire

[[Page 128]]

and rescue equipment buildings, are eligible items under the Federal-aid 
Airport Program. To the extent they are necessary to house snow removal 
and abrasive spreading equipment, and to provide minimum protection for 
abrasive materials, field maintenance equipment buildings are eligible 
items in any airport development project for an airport in a location 
having a mean daily minimum temperature of zero degrees Fahrenheit, or 
less, for at least 20 days each year for the 5 years preceding the year 
when Federal aid is requested under Sec. 151.21(a), based on the 
statistics of the U.S. Department of Commerce Weather Bureau if 
available, or other evidence satisfactory to the Administrator.
    (b) Airport utility construction, installation, and connection are 
eligible under the Federal-aid Airport Program as follows:
    (1) An airport utility serving only eligible areas and facilities is 
eligible; and
    (2) An airport utility serving both eligible and ineligible airport 
areas and facilities is eligible only to the extent of the additional 
cost of providing the capacity needed for eligible areas and facilities 
over and above the capacity necessary for the ineligible areas and 
facilities.

However, a water system is eligible only to the extent necessary to 
provide fire protection for aircraft operations, and to provide water 
for a fire and rescue equipment building.
    (c) No part of the constructing, altering, or repairing (including 
grading, drainage, and other site preparation work) of a facility or 
area that is to be used as a public parking facility for passenger 
automobiles is eligible for inclusion in a project.
    (d) Landscaping is not eligible for inclusion in a project. However, 
the establishment of turf on graded areas and special treatment to 
prevent slope erosion is eligible to the extent of the eligibility of 
the facilities or areas served, preserved, or protected by the turf or 
treatment. In the case of turfing or treatment for an area or facility 
that is partly eligible and partly ineligible, the eligibility of the 
turfing or treatment is established on a pro rata basis.
    (e) The construction of sidewalks is not eligible for inclusion in a 
project.

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-17, 
31 FR 16525, Dec. 28, 1966; Amdt. 151-26, 33 FR 18434, Dec. 12, 1968]



Sec. 151.95  Fences; distance markers; navigational and landing aids; and offsite work.

    (a) Boundary or perimeter fences for security purposes are eligible 
for inclusion in a project.
    (b) A blast fence is eligible for inclusion in a project whenever--
    (1) It is necessary for safety at a runway end or a holding area 
near the end of a runway and its installation would be more economical 
than the acquiring of additional property interests; or
    (2) Its installation for safety at a turbojet-passenger gate will 
result in less separation being needed for gate positions, thereby 
reducing the need for apron expansion, and it is more economical to 
build the fence than to expand the apron.
    (c) The eligibility of runway distance markers for inclusion in a 
project is decided on a case-by-case basis.
    (d) The relocation of navigational aids is eligible for inclusion in 
a proj- ect whenever necessitated by development on the airport under a 
Program project and the sponsor is responsible under FAA Order OA 6030.1 
(Agency Order 53).
    (e) The installation of any of the following landing aids is 
eligible for inclusion in a project:
    (1) Segmented circle.
    (2) Wind and landing direction indicators.
    (3) Boundary markers.
    (f) The initial marking of runway and taxiway systems is eligible 
for inclusion in a project. The remarking of existing runways or 
taxiways is eligible if--
    (1) Present marking is obsolete under current FAA standards; or
    (2) Present marking is obliterated by construction, alteration or 
repair work included in a FAAP project or by the required routing of 
construction equipment used therein.

However, apron marking that is not allied with runway and taxiway 
marking systems, is not eligible.

[[Page 129]]

    (g) The following offsite work performed outside of the boundaries 
of an airport or airport site is eligible for inclusion in a project:
    (1) Removal of obstruction as provided in Sec. 151.91.
    (2) Outfall drainage ditches, and the correction of any damage 
resulting from their construction.
    (3) Relocating of roads and utilities that are airport hazards as 
defined in Sec. 151.39(b).
    (4) Clearing, grading, and grubbing to allow installing of 
navigational aids.
    (5) Constructing and installing utilities.
    (6) Lighting of obstructions.

[Doc. No. 1329, 27 FR 12359, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16525, Dec. 28, 1966]



Sec. 151.97  Maintenance and repair.

    (a) Maintenance work is not airport development as defined in the 
Federal Airport Act and is not eligible for inclusion in the Program. 
Therefore, it is necessary in many cases that a determination be made 
whether particular proposed development is maintenance or repair. For 
the purpose of these determinations, maintenance includes any regular or 
recurring work necessary to preserve existing airport facilities in good 
condition, any work involved in cleaning or caring for existing airport 
facilities, and any incidental or minor repair work on existing airport 
facilities, such as--
    (1) Mowing and fertilizing of turfed areas;
    (2) Trimming and replacing of land- scaping material;
    (3) Cleaning of drainage systems including ditches, pipes, catch 
basins, and replacing and restoring eroded areas, except when caused by 
act of God or improper design;
    (4) Painting of buildings (inside and outside) and replacement of 
damaged items normally anticipated;
    (5) Repairing and replacing burned out or broken fixtures and 
cables, unless major reconstruction is needed;
    (6) Paving repairs in localized areas, except where the size of the 
work is such that it constitutes a major repair item or is part of a 
reconstruction project; and
    (7) Refilling joints and resealing surface of pavements.
    (b) Repair includes any work not included in paragraph (a) of this 
section that is necessary to restore existing airport facilities to good 
condition or preserve them in good condition.



Sec. 151.99  Modifications of programing standards.

    The Director, Airports, Service, or the Regional Director concerned 
may, on individual projects, when necessary for adaptation to meet local 
conditions, modify any standard set forth in or incorporated into this 
subpart, if he determines that the modification will provide an 
acceptable level of safety, economy, durability, or workmanship.

[Amdt. 151-13, 31 FR 11605, Sept. 2, 1966]



  Subpart D--Rules and Procedures for Advance Planning and Engineering 
                                Proposals

    Authority: 49 U.S.C. 106(g), 40113, 47151, 47153.

    Source: Docket No. 6227, 30 FR 8040, June 23, 1965, unless otherwise 
noted.



Sec. 151.111  Advance planning proposals: General.

    (a) Each advance planning and engineering proposal must relate to an 
airport layout plan or plans and specifications for the development of a 
new airport, or the further development of an existing airport. Each 
proposal must relate to a specific airport, either existing or planned, 
and may not be for general area planning.
    (b) Each proposal for the development or further development of an 
airport must have as its objective either the development of an airport 
layout plan, under Sec. 151.5(a), or the development of plans designed 
to lead to a project application, under Secs. 151.21(c) and 151.27, or 
both.
    (c) Each proposal must relate to planning and engineering for an 
airport that--
    (1) Is in a location shown on the National Airport Plan; and
    (2) Is not served by scheduled air carrier service and located in a 
large or

[[Page 130]]

medium hub, as identified in the current edition of ``Airport Activity 
Statistics of Certificated Route Air Carriers'' (published jointly by 
FAA and the Civil Aeronautics Board), that is available for inspection 
at any FAA Area or Regional Office, or for sale by the Superintendent of 
Documents, Government Printing Office, Washington, D.C. 20402.
    (d) Each proposal must relate to future airport development projects 
eligible under subparts B and C.

(49 U.S.C. 1115; sec. 308, 72 Stat. 750, 49 U.S.C. 1349)

[Doc. No. 6227, 30 FR 8040, June 23, 1965, as amended by Amdt. 151-24, 
33 FR 12545, Sept. 5, 1968]



Sec. 151.113  Advance planning proposals: Sponsor eligibility.

    The sponsor of an advance planning and engineering proposal must be 
a public agency, as defined in Sec. 151.37(a), and must be legally, 
financially, and otherwise able to--
    (a) Make the certifications, representations, and warranties 
required in the advance planning proposal, FAA Form 3731;
    (b) Enter into and perform the advance planning agreement;
    (c) Provide enough funds to pay all estimated proposal costs not 
borne by the United States; and
    (d) Meet any other applicable requirements of the Federal Airport 
Act and this subpart.



Sec. 151.115  Advance planning proposals: Cosponsorship and agency.

    Any two or more public agencies desiring to jointly participate in 
an advance planning proposal may cosponsor it. The cosponsorship and 
agency requirements and procedures set forth in Sec. 151.33, except 
Sec. 151.33(a)(1), also apply to advance planning proposals. In 
addition, the sponsor eligibility requirements set forth in Sec. 151.113 
must be met by each participating public agency.



Sec. 151.117  Advance planning proposals: Procedures; application.

    (a) Each eligible sponsor desiring to obtain Federal aid for the 
purpose of advance planning and engineering must submit a completed FAA 
Form 3731, ``Advance Planning Proposal'', to the Area Manager.
    (b) The airport layout plan, if in existence, must accompany the 
advance planning proposal. If the advance planning proposal includes 
preparation of plans and specifications, enough details to identify the 
items of development to be covered by the plans and specifications must 
be shown. The proposal must be accompanied by evidentiary material 
establishing the basis for the estimated costs under the proposal, such 
as an offer from an engineering firm containing a schedule of services 
and charges therefor.

[Doc. No. 6227, 30 FR 8040, June 23, 1965 as amended by Amdt. 151-11, 31 
FR 6686, May 5, 1966]



Sec. 151.119  Advance planning proposals: Procedures; funding.

    The funding information required by Sec. 151.23, except the last 
sentence, also is required in connection with an advance planning 
proposal. The sponsor's share of estimated proposal costs may not 
consist of or include the value of donated labor, materials, or 
equipment.



Sec. 151.121  Procedures: Offer; sponsor assurances.

    Each sponsor must adopt the following covenant implementing the 
exclusive rights provisions of section 308(a) of the Federal Aviation 
Act of 1958, that is incorporated by reference into Part I of the 
Advance Planning Agreement:

    The sponsor--
    (a) Will not grant or permit any exclusive right forbidden by 
section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) 
at the airport, or at any other airport now or hereafter owned or 
controlled by it;
    (b) Agrees that, in furtherance of the policy of the FAA under this 
covenant, unless authorized by the Administrator, it will not, either 
directly or indirectly, grant or permit any person, firm or corporation 
the exclusive right at the airport, or at any other airport now or 
hereafter owned or controlled by it, to conduct any aeronautical 
activities, including, but not limited to, charter flights, pilot 
training, aircraft rental and sightseeing, aerial photography, crop 
dusting, aerial advertising and surveying, air carrier operations, 
aircraft sales and services, sale of aviation petroleum products whether 
or not conducted in conjunction with other

[[Page 131]]

aeronautical activity, repair and maintenance of aircraft, sale of 
aircraft parts, and any other activities which because of their direct 
relationship to the operation of aircraft can be regarded as an 
aeronautical activity;
    (c) Agrees that it will terminate any existing exclusive right to 
engage in the sale of gasoline or oil, or both, granted before July 17, 
1962, at such an airport, at the earliest renewal, cancellation, or 
expiration date applicable to the agreement that established the 
exclusive right; and
    (d) Agrees that it will terminate any other exclusive right to 
conduct any aeronautical activity now existing at such an airport before 
the grant of any assistance under the Federal Airport Act.

[Amdt. 151-30, 34 FR 3656, Mar. 1, 1969 as amended by Amdt. 151-32, 34 
FR 9617, June 19, 1969]



Sec. 151.123  Procedures: Offer; amendment; acceptance; advance planning agreement.

    (a) The procedures and requirements of Sec. 151.29 also apply to 
approved advance planning proposals. FAA's offer and the sponsor's 
acceptance constitute an advance planning grant agreement between the 
sponsor and the United States. The United States does not pay any of the 
advance planning costs incurred before the advance planning grant 
agreement is executed.
    (b) No grant is made unless the sponsor intends to begin airport 
development within three years after the date of sponsor's written 
acceptance of a grant offer. The sponsor's intention must be evidenced 
by an appropriate written statement in the proposal.



Sec. 151.125  Allowable advance planning costs.

    (a) The United States' share of the allowable costs of an advance 
planning proposal is stated in the advance planning grant agreement, but 
is not more than 50 percent of the total cost of the necessary and 
reasonable planning and engineering services.
    (b) The allowable advance planning costs consist of planning and 
engineering expenses necessarily incurred in effecting the advance 
planning proposal. Allowable cost items include--
    (1) Location surveys, such as preliminary topographic and soil 
exploration;
    (2) Site evaluation;
    (3) Preliminary engineering, such as stage construction outlines, 
cost estimates, and cost/benefit evaluation reports;
    (4) Contract drawings and specifications;
    (5) Testing; and
    (6) Incidental costs incurred to accomplish the proposal, that would 
not have been incurred otherwise.
    (c) To qualify as allowable, the advance planning costs paid or 
incurred by the sponsor must be--
    (1) Reasonably necessary and directly related to the planning or 
engineering included in the proposal as approved by FAA;
    (2) Reasonable in amount; and
    (3) Verified by sufficient evidence.



Sec. 151.127  Accounting and audit.

    The requirements of Sec. 151.55 relating to accounting and audit of 
project costs are also applicable to advance planning proposal costs. 
However, the requirement of segregating and grouping costs applies only 
to Sec. 151.55(a) (5) and (7) classifications.



Sec. 151.129  Payments.

    (a) The United States' share of advance planning costs is paid in 
two installments unless the advance planning grant agreement provides 
otherwise. Upon request by sponsor, the first payment may be made in an 
amount not more than 50 percent of the maximum obligation of the United 
States stipulated in the advance planning grant agreement upon 
certification by sponsor that 50 percent or more of the proposed work 
has been completed. The final payment is made upon the sponsor's request 
after--
    (1) The conditions of the advance planning grant agreement have been 
met;
    (2) Evidence of cost of each item has been submitted; and
    (3) Audit of submitted evidence or audit of sponsor's records, if 
considered desirable by FAA, has been made.
    (b) When the advance planning proposal relates to the selection of 
an airport site, the advance planning grant agreement provides that 
Federal funds are paid to the sponsor only after the site is selected 
and the Administrator is satisfied that the site selected for

[[Page 132]]

the airport is reasonably consistent with existing plans of public 
agencies for development of the area in which the site is located, and 
will contribute to the accomplishment of the purposes of the Federal-aid 
Airport Program.



Sec. 151.131  Forms.

    The forms used for the purpose of obtaining an advance planning and 
engineering grant are as follows:
    (a) Advance planning proposal, FAA Form 3731--(1) Part I. This part 
of the form contains a request for the grant of Federal funds under the 
Federal Airport Act for the purpose of aiding in financing a proposal 
for the development of an airport layout plan or plans, or both, 
designed to lead to a project application, with spaces provided for 
inserting information needed for considering the request, including the 
location of the airport, a description of the plan or plans to be 
developed, and the estimate of planning and engineering costs.
    (2) Part II. This part of the form includes the sponsor's 
representation that it will comply with the provisions of part 15 of the 
Federal Aviation Regulations (14 CFR part 15), and representations 
concerning its legal authority to undertake the proposal, the 
availability of funds for its share of the proposal costs, its intention 
to initiate construction of a safe, useful and usable airport facility 
shown on an airport layout plan developed under the proposal, or 
initiate the construction of the item or items of airport development 
shown on the plans developed under the proposal and designed to lead to 
a project application, or both, within three years after the date of 
acceptance of the offer. It also includes the sponsor's representation 
as to the method of financing the intended construction, approval of 
other agencies, defaults, possible disabilities, and a statement 
concerning accept- ance to be executed by the sponsor and certified by 
its attorney.
    (b) Advance planning agreement, FAA Form 3732--(1) Part I. This part 
of the form contains an offer by the United States to pay a specified 
percentage not to exceed 50% of the allowable proposal costs, as 
described therein, on specific terms relating to the carrying out of the 
proposal, allowability of costs, payment of the United States' share and 
sponsor's agreement to comply with the exclusive rights provision of 
section 308(a) of the Federal Aviation Act of 1958.
    (2) Part II. This part of the form contains the acceptance of the 
offer by the sponsor, execution of the acceptance by the sponsor, and 
the certification by the sponsor's attorney.

                         Appendix A to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of land acquisition as covered by Sec. 151.73:

                         Typical Eligible Items

    1. Land for:
    (a) Initial acquisition for entire airport developments, including 
building areas as delineated on the approved airport layout plan.
    (b) Expansion of airport facilities.
    (c) Clear zones at ends of eligible runways.
    (d) Approach lights (land for ALS eligible for 75 percent 
participation will be limited to an area 3200' x 400' for a Standard ALS 
and to an area 1700' x 400' for a short ALS located symmetrically about 
the runway centerline extended, beginning at the end of the runway).
    (e) Approach protection.
    (f) Airport utilities.
    2. Easements for:
    (a) Use of air space by aircraft.
    (b) Storm-water run-off.
    (c) Powerlines to serve offsite obstruction lights.
    (d) Airport utilities.
    3. Extinguishment of easements which interfere with airport 
development.

                        Typical Ineligible Items

    1. Land required only for:
    (a) Industrial and other non-airport purposes.

[Doc. No. 1329, 27 FR 12359, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16525, Dec. 28, 1966]

                         Appendix B to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of site preparation as covered by Sec. 151.75 of this 
chapter:

                         Typical Eligible Items

    1. General site preparation:
    (a) Clearing of site.
    (b) Grubbing of site.
    (c) Grading of site.
    (d) Storm drainage of site.
    2. Erosion control.

[[Page 133]]

    3. Grading to remove obstructions.
    4. Grading for installing navigation aids on airport property.
    5. Dredging of seaplane anchorages and channels.

                        Typical Ineligible Items

    1. Specific site preparation (not a part of an over-all site 
preparation project) for:
    (a) Hangars and other buildings ineligible under the Act.
    (b) Public parking facilities for passenger automobiles.
    (c) Industrial and other non-airport purposes.

[Doc. No. 1329, 27 FR 12359, Dec. 13, 1962]

                         Appendix C to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of runway paving as covered by Sec. 151.77 of this 
chapter:

                         Typical Eligible Items

    1. New runways for specified loadings.
    2. Runway widening of extensions for specified loadings.
    3. Reconstruction of existing runways for specified loadings.
    4. Resurfacing runways for specified strength or for smoothness.
    5. Runway grooving to improve skid resist- ance.

                        Typical Ineligible Items

    1. Maintenance-type work, including:
    (a) Seal coats.
    (b) Crack filling.
    (c) Resealing joints.
    (d) Runway patching.
    (e) Isolated repair.

[Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt. 151-29, 
34 FR 1634, Feb. 4, 1969]

                         Appendix D to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of taxiway paving as covered by Sec. 151.81 of this 
chapter:

                         Typical Eligible Items

    1. Basic types of pavement listed as eligible under Sec. 151.77.
    2. Taxiway providing access to ends and intermediate points of 
eligible runways.
    3. Bleed-off taxiways.
    4. Bypass taxiways.
    5. Run-up pads.
    6. Primary taxiway systems providing access to hangar areas and 
other building areas delineated on approved airport layout plan.
    7. Secondary taxiways providing access to groups of individual 
storage hangars and/or multiple-unit tee hangars.

                        Typical Ineligible Items

    1. Basic types of pavement listed as ineligible under Sec. 151.77.
    2. Taxiways providing access to an area not offering aircraft 
storage and/or service to the public.
    3. Lead-ins to individual storage hangars.

[Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965]

                         Appendix E to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of apron paving as covered by Sec. 151.83 of this 
chapter:

                         Typical Eligible Items

    1. Basic types of pavement listed as eligible under Sec. 151.77.
    2. Loading ramps.
    3. Aprons available for public parking, storage, and service or a 
combination of any of the three.
    4. Aprons serving hangars used for public storage of aircraft or 
service to the public, or both.
    5. Aprons for cargo buildings used for public storage or service to 
the public, or both.

                        Typical Ineligible Items

    1. Basic types of pavement listed as ineligible under Sec. 151.77.
    2. Aprons serving installations for nonpublic use.
    3. Paving inside a hangar or on the proposed site of a hangar.
    4. Aprons for cargo buildings not under Item 5 of the ``Typical 
Eligible Items''.
    5. Apron services (pits or pipes for chemicals) will not be 
eligible.

[Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt. 151-17, 
31 FR 16525, Dec. 28, 1966]

                         Appendix F to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of airport lighting covered by Secs. 151.86 and 151.87 
of this chapter:

                         Typical Eligible Items

    1. Runway edge lights (high intensity, medium intensity, and low 
intensity).
    2. In-runway lighting (touchdown zone lighting system, centerline 
lighting system, and exit taxiway lighting system).
    3. Taxiway lights.
    4. Taxiway guidance signs.
    5. Obstruction lights.

[[Page 134]]

    6. Apron floodlights.
    7. Beacons.
    8. Wind and landing direction indicators.
    9. Electrical ducts and manholes.
    10. Transformer or generator vaults.
    11. Control panels for field lighting.
    12. Control equipment for field lighting.
    13. Auxiliary power.
    14. Lighting offsite obstructions.
    15. Electrical vaults for field lighting.

                        Typical Ineligible Items

    1. Electronic navigation aids.
    2. Approach lights.
    3. Horizon lights.
    4. Isolated repair and reconstruction of airport lighting.
    5. Lighting of public parking area for passenger automobiles.
    6. Street or road lighting.

[Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt. 151-24, 
33 FR 12545, Sept. 5, 1968; Amdt. 151-35, 34 FR 13699, Aug. 27, 1969]

                         Appendix G to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of road construction covered by Sec. 151.89 of this 
chapter:

                         Typical Eligible Items

    1. Entrance roads.
    2. Service roads for access to public areas.
    3. Service roads for airport maintenance (including perimeter 
airport service road within airport boundary and not for general public 
access).
    4. Relocation of roads to permit airport development or expansion or 
to remove obstructions.

                        Typical Ineligible Items

    1. Offsite roads.
    2. Roads to areas of exclusive use.

[Doc. No. 1329, 27 FR 12360, Dec. 13, 1962]

                         Appendix H to Part 151

    There is set forth below the contract provision required by the 
regulations of the Secretary of Labor in part 5 of title 29 of the Code 
of Federal Regulations. Section 151.49(a) requires sponsors to insert 
this provision in full in each construction contract.

     provision required by the regulations of the secretary of labor

    A. Minimum wages. (1) All mechanics and laborers employed or working 
upon the site of the work will be paid unconditionally and not less 
often than once a week, and without subsequent deduction or rebate on 
any account (except such payroll deductions as are permitted by 
regulations issued by the Secretary of Labor under the Copeland Act [29 
CFR part 3]), the full amounts due at time of payment computed at wage 
rates not less than those contained in the wage determination 
decision(s) of the Secretary of Labor which is (are) attached hereto and 
made a part hereof, regardless of any contractual relationship which may 
be alleged to exist between the contractor and such laborers and 
mechanics; and the wage determination decision(s) shall be posted by the 
contractor at the site of the work in a prominent place where it (they) 
can be easily seen by the workers. For the purpose of this paragraph, 
contributions made or costs reasonably anticipated under section 1(b)(2) 
of the Davis-Bacon Act on behalf of laborers or mechanics are considered 
wages paid to such laborers or mechanics, subject to the provisions of 
subparagraph (4) below. Also for the purpose of this paragraph, regular 
contributions made or costs incurred for more than a weekly period under 
plans, funds, or programs, but covering the particular weekly period, 
are deemed to be constructively made or incurred during such weekly 
period (29 CFR 5.5(a)(1)(i)).
    (2) Any class of laborers or mechanics which is not listed in the 
wage determination(s) and which is to be employed under the contract, 
shall be classified or reclassified comformably to the wage 
determination(s), and a report of the action taken shall be sent by the 
[insert sponsor's name] to the FAA for approval and transmittal to the 
Secretary of Labor. In the event that the interested parties cannot 
agree on the proper classification or reclassification of a particular 
class of laborers and mechanics to be used, the question accompanied by 
the recommendation of the FAA shall be referred to the Secretary of 
Labor for final determination (29 CFR 5.5(a)(1)(ii)).
    (3) Whenever the minimum wage rate prescribed in the contract for a 
class of laborers or mechanics includes a fringe benefit which is not 
expressed as an hourly wage rate and the contractor is obligated to pay 
a cash equivalent of such a fringe benefit, an hourly cash equivalent 
thereof shall be established. In the event the interested parties cannot 
agree upon a cash equivalent of the fringe benefit, the question, 
accompanied by the recommendation of the FAA shall be referred to the 
Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii)).
    (4) If the contractor does not make payments to a trustee or other 
third person, he may consider as part of the wages of any laborer or 
mechanic the amount of any costs reasonably anticipated in providing 
benefits under a plan or program of a type expressly listed in the wage 
determination decision of the Secretary of Labor which is a part of this 
contract: Provided, however, The Secretary of Labor has found, upon the 
written request of

[[Page 135]]

the contractor, that the applicable standards of the Davis-Bacon Act 
have been met. The Secretary of Labor may require the contractor to set 
aside in a separate account assets for the meeting of obligations under 
the plan or program.
    B. Withholding: FAA from sponsor. Pursuant to the terms of the grant 
agreement between the United States and [insert sponsor's name], 
relating to Federal-aid Airport Project No.st __, and part 151 of the 
Federal Aviation Regulations (14 CFR part 151), the FAA may withhold or 
cause to be withheld from the [insert sponsor's name] so much of the 
accrued payments or advances as may be considered necessary to pay 
laborers and mechanics employed by the contractor or any subcontractor 
on the work the full amount of wages required by this contract. In the 
event of failure to pay any laborer or mechanic employed or working on 
the site of the work all or part of the wages required by this contract, 
the FAA may, after written notice to the [insert sponsor's name], take 
such action as may be necessary to cause the suspension of any further 
payment or advance of funds until such violations have ceased (29 CFR 
5.5(a)(2)).
    C. Payrolls and basic records. (1) Payrolls and basic records 
relating thereto will be maintained during the course of the work and 
preserved for a period of three years thereafter for all laborers and 
mechanics working at the site of the work. Such records will contain the 
name and address of each such employee, his correct classification, 
rates of pay (including rates of contributions or costs anticipated of 
the types described in section 1(b)(2) of the Davis-Bacon Act), daily 
and weekly number of hours worked, deductions made and actual wages 
paid. Whenever the Secretary of Labor has found, under 29 CFR 
5.5(a)(1)(iv) (see subparagraph (4) of subparagraph (A) above), that the 
wages of any laborer or mechanic include the amount of any costs 
reasonably anticipated in providing benefits under a plan or program 
described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor 
shall maintain records which show that the commitment to provide such 
benefits is enforceable, that the plan or program is financially 
responsible, and that the plan or program has been communicated in 
writing to the laborers or mechanics affected, and records which show 
the costs anticipated or the actual cost incurred in providing such 
benefits (29 CFR 5.5(a)(3)(i)).
    (2) The contractor will submit weekly a copy of all payrolls to the 
[insert sponsor's name] for transmission to the FAA, as required by 
Sec. 151.53(a). The copy shall be accompanied by a statement signed by 
the employer or his agent indicating that the payrolls are correct and 
complete, that the wage rates contained therein are not less than those 
determined by the Secretary of Labor and that the classifications set 
forth for each laborer or mechanic conform with the work he performed. A 
submission of a ``Weekly Statement of Compliance'' which is required 
under this contract and the Copeland regulations of the Secretary of 
Labor (29 CFR part 3) and the filing with the initial payroll or any 
subsequent payroll of a copy of any findings by the Secretary of Labor, 
under 29 CFR 5.5(a)(1)(iv) (see subparagraph (4) of paragraph (A) 
above), shall satisfy this requirement. The prime contractor shall be 
responsible for the submission of copies of payrolls of all 
subcontractors. The contractor will make the records required under the 
labor standards clauses of the contract available for inspection by 
authorized representatives of the FAA and the Department of Labor, and 
will permit such representatives to interview employees during working 
hours on the job (29 CFR 5.5(a)(3)(ii)).
    D. Apprentices. Apprentices will be permitted to work as such only 
when they are registered, individually, under a bona fide apprenticeship 
program registered with a State apprenticeship agency which is 
recognized by the Bureau of Apprenticeship and Training, United States 
Department of Labor; or, if no such recognized agency exists in a State, 
under a program registered with the Bureau of Apprenticeship and 
Training, United States Department of Labor. The allowable ratio of 
apprentices to journeymen in any craft classification shall not be 
greater than the ratio permitted to the contractor as to his entire work 
force under the registered program. Any employee listed on a payroll at 
an apprentice wage rate, who is not registered as above, shall be paid 
the wage rate determined by the Secretary of Labor for the 
classification of work he actually performed. The contractor or 
subcontractor will be required to furnish to the [insert sponsor's name] 
written evidence of the registration of his program and apprentices as 
well as of the appropriate ratios and wage rates, for the area of 
construction prior to using any apprentices on the contract work (29 CFR 
5.5(a)(4)).
    E. Compliance with Copeland Regulations. The contractor shall comply 
with the Copeland Regulations (29 CFR part 3) of the Secretary of Labor 
which are herein incorporated by reference (29 CFR 5.5(a)(5)).
    F. Overtime requirements. No contractor or subcontractor contracting 
for any part of the contract work which may require or involve the 
employment of laborers or mechanics shall require or permit any laborer 
or mechanic in any workweek in which he is employed on such work to work 
in excess of eight hours in any calendar day or in excess of forty hours 
in such workweek unless such laborer or mechanic received compensation 
at a rate not less than one and one-half times his basic rate of pay for 
all hours

[[Page 136]]

worked in excess of eight hours in any calendar day or in excess of 
forty hours in such workweek, as the case may be (29 CFR 5.5(c)(1)).
    G. Violations; liability for unpaid wages; liquidated damages. In 
the event of any violation of paragraph F of this provision, the 
contractor and any subcontractor responsible therefore shall be liable 
to any affected employee for his unpaid wages. In addition, such 
contractor and subcontractor shall be liable to the United States for 
liquidated damages. Such liquidated damages shall be computed, with 
respect to each individual laborer or mechanic employed in violation of 
said paragraph F of this provision, in the sum of $10 for each calendar 
day on which such employee was required or permitted to work in excess 
of eight hours or in excess of the standard workweek of forty hours 
without payment of the overtime wages required by said paragraph F of 
this provision (29 CFR 5.5 (c)(2)).
    H. Withholding for unpaid wages and liquidated damages, and priority 
of payment (1) The FAA may withhold or cause to be withheld, from any 
moneys payable on account of work performed by the contractor or 
subcontractor, such sums as may administratively be determined to be 
necessary to satisfy any liabilities of such contractor or subcontractor 
for unpaid wages and liquidated damages as provided in paragraph G of 
this provision (29 CFR 5.5(c)(3)).
    (2) In the event of failure or refusal of the contractor or any 
subcontractor to comply with overtime pay requirements of the Contract 
Work Hours Standards Act, if the funds withheld by the FAA for the 
violations are not sufficient to pay fully both the unpaid wages due 
laborers and mechanics and the liquidated damages due the United States, 
the available funds shall be used first to compensate the laborers and 
mechanics for the wages to which they are entitled (or an equitable 
portion thereof when the funds are not adequate for this purpose); and 
the balance, if any, shall be used for the payment of liquidated damages 
(29 CFR 5.14 (d)(2)).
    I. Subcontracts. The contractor will insert in each of his 
subcontracts the clauses contained in paragraphs A through H and J of 
this provision, and also a clause requiring the subcontractors to 
include these provisions in any lower tier subcontracts which they may 
enter into, together with a clause requiring this insertion in any 
further subcontracts that may in turn be made (29 CFR 5.5(a)(6), 
5.5(c)(4)).
    J. Contract termination; debarment. A breach of paragraphs A through 
I of this provision may be grounds for termination of the contract. A 
breach of paragraphs A through E and I may also be grounds for debarment 
as provided in 29 CFR 5.6 of the regulations of the Secretary of Labor 
(29 CFR 5.5(a)(8)).

[Doc. No. 6387, 29 FR 18002, Dec. 18, 1964, as amended by Amdt. 151-9, 
30 FR 14197, Nov. 11, 1965; Amdt. 151-38, 35 FR 5112, Mar. 26, 1970]

                         Appendix I to Part 151

[Lists of Advisory Circulars incorporated by Sec.  151.72: (a) Circulars
                       available free of charge.]
------------------------------------------------------------------------
                Number                               Subject
------------------------------------------------------------------------
AC 150/5300-3.........................  Adaptation of TSO-N18 Criterion
                                         to Clearways and Stopways.
AC 150/5325-2A........................  Airport Surface Areas Gradient
                                         Standards.
AC 150/5325-4.........................  Runway Length Requirements for
                                         Airport Design.
AC 150/5330-2.........................  Runway/Taxiway Widths and
                                         Clearances.
AC 150/5335-1.........................  Airway Taxiways.
AC 150/5340-1A........................  Marking of Serviceable Runways
                                         and Taxiways.
AC 150/5340-3.........................  Configuration Details of In-
                                         Runway Lighting: Touchdown
                                         Zone, Runway Centerline, and
                                         Taxiway Turnoff Lighting
                                         Systems.
AC 150/5340-4A........................  Installation Details for
                                         Centerline and Touchdown Zone
                                         Lighting Systems.
AC 150/5340-5.........................  Segmented Circle Airport Marker
                                         System.
AC 150/5340-7.........................  Marking of Deceptive, Closed,
                                         and Hazardous Areas on
                                         Airports.
AC 150/5340-13........................  High Intensity Lighting System.
AC 150/5340-14........................  Economy Approach Lighting Aids.
AC 150/5340-15........................  Taxiway Lighting System.
AC 150/5345-1A........................  Approved Airport Lighting
                                         Equipment.
AC 150/5345-2.........................  Specification for L-810
                                         Obstruction Light.
AC 150/5345-3.........................  Specification for L-821 Airport
                                         Lighting Panel for Remote
                                         Control of Airport Lighting.
AC 150/5345-4.........................  Specification for L-829
                                         Internally Lighted Airport Taxi
                                         Guidance Sign.
AC 150/5345-5.........................  Specification for L-847 Circuit
                                         Selector Switch, 5000 Volt 20
                                         Ampere.
AC 150/5345-6.........................  Specification for L-809 Airport
                                         Light Base and Transformer
                                         Housing.
AC 150/5345-7.........................  Specification for L-824
                                         Underground Electrical Cables
                                         for Airport Lighting Circuits.
AC 150/5345-8.........................  Specification for L-840 Low
                                         Intensity Runway, Landing Strip
                                         and Taxiway Light.
AC 150/5345-9A........................  Specification for L-819 Fixed
                                         Focus Bidirectional High
                                         Intensity Runway Light.
AC 150/5345-10A.......................  Specification for L-828 Constant
                                         Current Regulator with Stepless
                                         Brightness Control.
AC 150/5345-11........................  Specification for L-812 Static
                                         Indoor Type Constant Current
                                         Regulator Assembly, 4 KW and
                                         7\1/2\ KW, with Brightness
                                         Control for Remote Operation.
AC 150/5345-12........................  Specification for L-801 Beacon
                                         for Small Airports.
AC 150/5345-13........................  Specification for L-841
                                         Auxiliary Relay Cabinet
                                         Assembly for Pilot Control of
                                         Airport Lighting Circuits.

[[Page 137]]

 
AC 150/5345-14........................  Specification for L-827 ``A''
                                         Frame Hinged Support for 12-
                                         Foot Wind Cone.
AC 150/5345-15........................  Specification for L-842 Airport
                                         Centerline Light.
AC 150/5345-16........................  Specification for L-843 Airport
                                         In-Runway Touchdown Zone Light.
AC 150/5345-17........................  Specification for L-845
                                         Semiflush Inset Prismatic
                                         Airport Light.
AC 150/5345-18........................  Specification for L-811 Static
                                         Indoor Type Constant Current
                                         Regulator Assembly, 4 KW; With
                                         Brightness Control and Runway
                                         Selection for Direct Operation.
AC 150/5345-19........................  Specification for L-838
                                         Semiflush Prismatic Airport
                                         Light.
AC 150/5345-20........................  Specification for L-802 Runway
                                         and Strip Light.
AC 150/5345-21........................  Specification for L-813 Static
                                         Indoor Type Constant Current
                                         Regulator Assembly; 4 KW and
                                         7\1/2\ KW; for Remote Operation
                                         of Taxiway Lights.
AC 150/5345-22........................  Specification for L-834
                                         Individual Lamp Series-to-
                                         Series Type Insulating
                                         Transformer for 5,000 Volt
                                         Series Circuit.
AC 150/5345-23........................  Specification for L-822 Taxiway
                                         Edge Light.
AC 150/5345-24........................  Specification for L-849
                                         Condenser Discharge Type
                                         Flashing Light.
AC 150/5345-25........................  Specification for L-848 Medium
                                         Intensity Approach Light Bar
                                         Assembly.
AC 150/5345-26........................  Specification for L-823 Plug and
                                         Receptacle, Cable Connectors.
AC 150/5345-27........................  Specification for L-807 Eight-
                                         Foot Illuminated Wind Cone.
AC 150/5345-30........................  Specification for L-846
                                         Electrical Wire for Lighting
                                         Circuits To Be Installed in
                                         Airport Pavements.
AC 150/5345-31........................  Specification for L-833
                                         Individual Lamp Series-to-
                                         Series Type Insulating
                                         Transformer for 600 Volt or
                                         3,000 Volt Series Circuits.
AC 150/5345-32........................  Specification for L-837 Large-
                                         Size Light Base and Transformer
                                         Housing.
AC 150/5345-33........................  Specification for L-844
                                         Individual Lamp Series-to-
                                         Series Type Insulating
                                         Transformer for 5,000 Volt
                                         Series Circuit 20/6.6 Amperes
                                         200 Watt.
AC 150/5345-34........................  Specification for L-839
                                         Individual Lamp Series-to-
                                         Series Type Insulating
                                         Transformer for 5,000 Volt
                                         Series Circuit 6.6/20 Amperes
                                         300 Watt.
AC 150/5345-35........................  Specification for L-816 Circuit
                                         Selector Cabinet Assembly for
                                         600 Volt Series Circuits.
AC 150/5345-36........................  Specification for L-808 Lighted
                                         Wind Tee.
AC 150/5345-37A.......................  FAA Specification L-850, Light
                                         Assembly, Airport Runway,
                                         Centerline.
AC 150/5370-3.........................  Materials and Tests Required by
                                         AC 150/5370-1, Standard
                                         Specifications for Construction
                                         of Airports.
AC 150/5310-1.........................  Preparation of Airport Layout
                                         Plans.
 
  (b) Circulars for sale at the price stated.
 
AC 150/5370-1.........................  Standard Specifications for
                                         Construction of Airports;
                                         $2.75.
AC 150/5370-1, CH 1...................  Standard Specifications for
                                         Construction of Airports;
                                         $0.35.
------------------------------------------------------------------------


[Amdt. 151-13, 31 FR 11606, Sept. 2, 1966, as amended by Amdt. 151-15, 
31 FR 13423, Oct. 18, 1966]



PART 152--AIRPORT AID PROGRAM--Table of Contents




                           Subpart A--General

Sec.
152.1  Applicability.
152.3  Definitions.
152.5  Exemptions.
152.7  Certifications.
152.9  Forms.
152.11  Incorporation by reference.

     Subpart B--Eligibility Requirements and Application Procedures

152.101  Applicability.
152.103  Sponsors: Airport development.
152.105  Sponsors and planning agencies: Airport planning.
152.107  Project eligibility: Airport development.
152.109  Project eligibility: Airport planning.
152.111  Application requirements: Airport development.
152.113  Application requirements: Airport planning.
152.115  Grant agreement: Offer, acceptance, and amendment.
152.117  Public hearings.
152.119  Contract requirements and procurement standards.

                 Subpart C--Funding of Approved Projects

152.201  Applicability.
152.203  Allowable project costs.
152.205  United States share of project costs.
152.207  Proceeds from disposition of land.
152.209  Grant payments: General.
152.211  Grant payments: Land acquisition.
152.213  Grant closeout requirements.

            Subpart D--Accounting and Reporting Requirements

152.301  Applicability.
152.303  Financial management system.
152.305  Accounting records.
152.307  Retention of records.
152.309  Availability of sponsor's records.
152.311  Availability of contractor's records.
152.313  Property management standards.

[[Page 138]]

152.315  Reporting on accrual basis.
152.317  Report of Federal cash transactions.
152.319  Monitoring and reporting of program performance.
152.321  Notice of delay or acceleration.
152.323  Budget revision: Airport development.
152.325  Financial status report: Airport planning.

           Subpart E--Nondiscrimination in Airport Aid Program

152.401  Applicability.
152.403  Definitions.
152.405  Assurances.
152.407  Affirmative action plan: General.
152.409  Affirmative action plan standards.
152.411  Affirmative action steps.
152.413  Notice requirement.
152.415  Records and reports.
152.417  Monitoring employment.
152.419  Minority business.
152.421  Public accommodations, services, and benefits.
152.423  Investigation and enforcement.
152.425  Effect of subpart.

             Subpart F--Suspension and Termination of Grants

152.501  Applicability.
152.503  Suspension of grant.
152.505  Termination for cause.
152.507  Termination for convenience.
152.509  Request for reconsideration.

          Subpart G--Energy Conservation in Airport Aid Program

152.601  Purpose.
152.603  Applicability.
152.605  Definitions.
152.607  Building design requirements.
152.609  Energy conservation practices.

Appendix A to Part 152--Contract and Labor Provisions
Appendix B to Part 152--List of Advisory Circulars Incorporated by 
          Sec. 152.11
Appendix C to Part 152--Procurement Procedures and Requirements
Appendix D to Part 152--Assurances

    Authority: 49 U.S.C. 106(g), 47106, 47127.

    Source: Docket No. 19430, 45 FR 34784, May 22, 1980, unless 
otherwise noted.



                           Subpart A--General



Sec. 152.1  Applicability.

    This part applies to airport planning and development under the 
Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 
et seq.).



Sec. 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 regularly served, or a new public 
airport that the Administrator determines will be regularly served, by 
an air carrier, other than a charter air carrier, certificated by the 
Civil Aeronautics Board under section 401 of the Federal Aviation 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 landing 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 constructing, improving, or repairing a 
public airport or portion thereof, including the removal, lowering, 
relocation, and marking and lighting or airport hazards, and including 
navigation aids used by aircraft landing at, or taking off from, a 
public airport, and including safety equipment required by rule or 
regulation for certification of the airport under section 612 of the 
Federal Aviation Act of 1958, and security 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 including the purchase of noise suppressing equipment, 
the construction of physical 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 development, which is necessary to permit any such work 
or to remove or mitigate or prevent or limit the establishment of, 
airport hazards; and

[[Page 139]]

    (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 airport.
    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 taking 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 existing and proposed airport facilities.
    Airport master planning means the development for planning purposes 
of information and guidance to determine the extent, type, and nature of 
development needed at a specific airport.
    Airport system planning means the development for planning purposes 
of information 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 
documentary evidence supporting an item of project cost in accordance 
with Attachment 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 carrier 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 Aeronautics Board from section 
401(a) of the Federal Aviation Act of 1958; and
    (3) At which not less than 2,500 passengers were enplaned during the 
preceding calendar year by air carriers operating under an exemption 
from section 401(a).
    Force account means--
    (1) The sponsor's or planning agency's own labor force; or
    (2) The labor force of another public agency acting as an agent of 
the sponsor or planning agency.
    General aviation airport means a public 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 aircraft.
    NASP means the National Airport System Plan.
    National Airport System Plan means the plan for the development of 
public airports in the United States formulated by the Administrator 
under section 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, territorial, and international revenue 
passenger 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 
Administrator that is authorized by the laws of a State, the 
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the 
Trust Territory of the Pacific 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 assistance under this part is to be 
used.
    Project means a project for the accomplishment of airport 
development, airport master planning, or airport system planning.
    Project costs means any costs involved in accomplishing a project.
    Project formulation costs means, with respect to projects for 
airport development, any necessary costs of formulating a project 
including--
    (1) The costs of field surveys and the preparation of plans and 
specifications;
    (2) The acquisition of land or interests 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

[[Page 140]]

airport development, that would not have been incurred otherwise.
    Public agency means--
    (1) A state, the Commonwealth of Puerto Rico, the Virgin Islands, 
American 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 satisfactory to the Administrator in the 
landing area.
    Reliever airport means a general aviation airport designated by the 
Administrator 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 Sec. 152.11.
    Satisfactory property interest means--
    (1) Title free and clear of any reversionary 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 airport for public airport 
purposes; or
    (iii) Make it impossible for the sponsor to carry out the agreements 
and convenants in its grant application;
    (2) Unless a shorter term is authorized 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 described in paragraph 
(1) of this definition, on terms that the Administrator considers 
satisfactory;
    (3) In the case of an off-airport area, title or an agreement, 
easement, leasehold or other right or property interest 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 
purpose 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 operator 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 accordance with this part, an application for 
financial assistance.
    Stage development means airport development 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 
completed 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 
producing public-use areas which are associated with the terminal and 
which are directly related to the movement of passengers and baggage in 
air commerce within the boundaries of the airport, including, but not 
limited to, vehicles for the movement of passengers between terminal 
facilities and aircraft.
    Unified Planning Work Program means a single document prepared by a 
local areawide planning agency that identifies all transportation and 
related planning activities that will be undertaken within the 
metropolitan area during a one-year or two-year period.



Sec. 152.5  Exemptions.

    (a) Except as provided in paragraph (b) of this section, any 
interested person may petition the Regional Director concerned for a 
temporary or permanent 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 exemption would be inconsistent 
with a specific provision of, or the purpose of, the

[[Page 141]]

AADA, or any other applicable Federal law.
    (c) Each petition filed under this section must--
    (1) Unless otherwise authorized by the Regional Director concerned, 
be submitted not less than 60 days before the proposed effective date of 
the exemption;
    (2) Be submitted in duplicate to the FAA Regional Office or Airports 
District Office having jurisdiction over the area in which the airport 
is located;
    (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 
exemption.
    (d) The Regional Director concerned either grants or denies the 
exemption and notifies the petitioner of the decision. The FAA publishes 
a summary of the grant or denial of petition for exemption in the 
Federal Register.
    The summary includes--
    (1) The docket number of the petition;
    (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, relating 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 established, 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.



Sec. 152.7  Certifications.

    (a) Subject to such terms and conditions as the Administrator may 
prescribe, a sponsor or a planning agency may submit, with respect to 
any provision of this part implementing a statutory or administrative 
requirement imposed on the sponsor or planning agency under the AADA, a 
certification that the sponsor or planning agency has complied or will 
comply with the provision, instead of making the showing required.
    (b) The Administrator exercises discretion in determining whether to 
accept a certification.
    (c) Acceptance by the Administrator of a certification from a 
sponsor or planning agency may be rescinded by the Administrator at any 
time if, in the Administrator's opinion, it is necessary to do so.
    (d) If the Administrator determines that it is necessary, the 
sponsor or planning agency, on request, shall show compliance with any 
requirement for which a certification was accepted.



Sec. 152.9  Forms.

    Any form needed to comply with this part may be obtained at any FAA 
Regional Office or Airports District Office.



Sec. 152.11  Incorporation by reference.

    (a) Mandatory standards. The advisory circulars listed in appendix B 
to this part are incorporated into this part by reference. The Director, 
Office of Airport Standards, determines the scope and content of the 
technical standards to be included in each advisory circular in appendix 
B, and may add to, or delete from, appendix B any advisory circular or 
part thereof. Except as provided in paragraph (c) of this section, these 
guidelines are mandatory standards.
    (b) Modification of standards. When necessary to meet local 
conditions, any technical standard set forth in appendix B may be 
modified for individual projects, if it is determined that the 
modifications will provide an acceptable level of safety, economy, 
durability, and workmanship. The determination and modification may be 
made by the Director, Office of Airport Standards, or the appropriate 
Regional

[[Page 142]]

Director, in instances where the authority has not been specifically 
reserved by the Director, Office of Airport Standards.
    (c) State standards. Standards established by a state for airport 
development at general aviation airports in the state may be the 
standards applicable to those airports when they have been approved by 
the Director, Office of Airport Standards, or the appropriate Regional 
Director, in instances where approval authority has not been 
specifically reserved by the Director, Office of Airport Standards.
    (d) Availability of advisory circulars. The advisory circulars 
listed in appendix B may be inspected and copied at any FAA Regional 
Office or Airports District Office. Copies of the circulars that are 
available free of charge may be obtained from any of those offices or 
from the FAA Distribution Unit, M-443.1, Washington, DC 20590. Copies of 
the circulars that are for sale may be bought from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402.



     Subpart B--Eligibility Requirements and Application Procedures

    Source: Docket No. 19430, 45 FR 34786, May 22, 1980, unless 
otherwise noted.



Sec. 152.101  Applicability.

    This subpart contains requirements and application procedures 
applicable to airport development and planning projects.



Sec. 152.103  Sponsors: Airport development.

    (a) To be eligible to apply for a project for airport development 
with respect to a particular airport the following requirements must be 
met:
    (1) Each sponsor must be a public agency authorized by law to submit 
the project application;
    (2) If a sponsor is the holder of an airport operating certificate 
issued for the airport under part 139 of this chapter, it must be in 
compliance with the requirements of part 139.
    (3) When any of the the following agreements is applicable to an 
airport which the sponsor owns or controls, the sponsor must have 
complied with the agreement, or show to the satisfaction of the 
Administrator that it will comply or, for reasons beyond its control, 
cannot comply with the agreement:
    (i) Each grant agreement made with it under the Federal Airport Act 
(49 U.S.C. 1101 et seq.), or the AADA.
    (ii) Each convenant in a conveyance to it under section 16 of the 
Federal Airport Act or section 23 of the AADA.
    (iii) Each convenant in a conveyance to it of surplus airport 
property under section 13(a) of the Surplus Property Act (50 U.S.C. App 
1622(g)) or under Regulation 16 of the War Assets Administration.
    (4) The sponsor, in the case of a single sponsor, or one or more of 
the cosponsors must have, or be able to obtain--
    (i) Funds to pay all estimated costs of the project that are not to 
be born by the United States; and
    (ii) Satisfactory property interests in the lands to be developed or 
used as part of, or in connection with, the airport as it will be after 
the project is completed.
    (b) Another public agency may act as agent of the public agency that 
is to own and operate the airport, for the purpose of channeling grant 
funds in accordance with state or local law, without becoming a sponsor.



Sec. 152.105  Sponsors and planning agencies: Airport planning.

    (a) To be eligible to apply for a project for airport planning--
    (1) If the project is for airport master planning--
    (i) Each sponsor must be a public agency and meet the requirements 
of Sec. 152.103(a)(3); and
    (ii) The sponsor, in the case of a single sponsor, or one or more 
cosponsors must be legally able to implement the planning, within the 
existing or proposed airport boundaries, that results from the project 
study.
    (2) If the project is for airport system planning, each sponsor must 
be a planning agency.
    (b) Another public agency or planning agency may act as agent of 
another public agency or planning agency, for the purpose of channeling 
grant funds in accordance with state or local law, without becoming a 
sponsor.

[[Page 143]]



Sec. 152.107  Project eligibility: Airport development.

    (a) Except in the case of approved stage development, each project 
for airport development must provide for--
    (1) Development of an airport or unit of an airport that is safe, 
useful, and usable; or,
    (2) An additional facility that increases the safety, usefulness, 
and usability of an airport.
    (b) Unless otherwise authorized by the Administrator, a project for 
airport development must involve more than $25,000 in United States 
funds.
    (c) The development included in a project for airport development 
must--
    (1) In the opinion of the Administrator, be ``airport development'' 
as defined in Sec. 152.3;
    (2) Be identified as airport development in the mandatory standards 
incorporated into this part by Sec. 152.11; and
    (3) Be described in an approved airport layout plan.
    (d) The airport involved in a project for airport development must 
be included in the current NASP.
    (e) In complying with paragraph (a) of this section, the sponsor 
must--
    (1) Own, acquire, or agree to acquire control over, or a property 
interest in, runway clear zones that the Administrator considers 
adequate; and
    (2) Provide for approach and runway lighting systems satisfactory to 
the Administrator.



Sec. 152.109  Project eligibility: Airport planning.

    (a) Airport master planning. A proposed project for airport master 
planning is not approved unless--
    (1) The location of the existing or proposed airport is included in 
the current NASP;
    (2) In the opinion of the Administrator, the proposed planning would 
promote the effective location of public airports and the development of 
an adequate NASP;
    (3) The project is airport master planning as defined in Sec. 152.3;
    (4) If the project has been determined to have areawide significance 
by an appropriate areawide agency, it has been incorporated into a 
unified planning work program; and
    (5) In the case of a proposed project for airport master planning in 
a large or medium air traffic hub, in the opinion of the Administrator--
    (i) There is an appropriate system plan identifying the need for the 
airport;
    (ii) The absence of a system plan is due to the failure of the 
responsible planning agency to proceed with its preparation; or
    (iii) An existing system plan is not acceptable.
    (b) Airport system planning. A proposed project for airport system 
planning is not approved unless--
    (1) In the opinion of the Administrator, the project promotes the 
effective location of public airports;
    (2) In the opinion of the Administrator, the project promotes the 
development of an adequate NASP;
    (3) The project is airport system planning as defined in Sec. 152.3; 
and
    (4) When the project encompasses a metropolitan area that includes a 
large or medium hub airport, the project is incorporated in a unified 
planning work program.



Sec. 152.111  Application requirements: Airport development.

    (a) An eligible sponsor that desires to obtain Federal aid for 
eligible airport development must apply to the FAA in accordance with 
this section. The sponsor must apply on a form and in a manner 
prescribed by the Administrator, through the FAA Airports District 
Office or Airports Field Office having jurisdiction over the area where 
the sponsor is located or, where there is no such office, the Regional 
Office having that jurisdiction.
    (b) Preapplication for Federal assistance. A preapplication for 
Federal assistance must be submitted unless--
    (1) The Federal fund request is for $100,000 or less; or,
    (2) The project does not include construction, land acquisition, or 
land improvement.
    (c) Unless otherwise authorized by the Administrator, the 
preapplication required by paragraph (b) of this section must be 
accompanied by the following:
    (1) A list of the items of airport development requested for 
programming,

[[Page 144]]

together with an itemized estimated cost of the work involved.
    (2) A sketch or sketches of the airport layout indicating the 
location for each item of work proposed, using the same item numbers 
used in the list required by paragraph (c)(1) of this section.
    (3) If the proposed project involves the displacement of persons or 
the acquisition of real property, the assurances required by Secs. 25.57 
and 25.59, as applicable, of the Regulations of the Office of the 
Secretary of Transportation (49 CFR 25.57 and 25.59), whether or not 
reimbursement is being requested for the costs of displacement or real 
property acquisition.
    (4) Any comments or statements required by appendix E, Procedures 
Implementing Office of Management and Budget Circular A-95, to this 
part, with a showing that they have been considered by the sponsor.
    (5) If the proposed development involves the construction of 
eligible airport buildings or the acquisition of eligible fixed 
equipment to be contained in those buildings, a statement whether the 
proposed development will be in an area of the community that has been 
identified by the Department of Housing and Urban Development as an area 
of special flood hazard as defined in the Flood Disaster Protection Act 
of 1973 (42 U.S.C. 4002 et seq.).
    (6) If the proposed development is in an area of special flood 
hazard, a statement whether the community is participating in the 
National Flood Insurance Program (42 U.S.C. 4011 et seq.).
    (7) The sponsor's environmental assessment prepared in conformance 
with appendix 6 of FAA Order 1050.1C, ``Policies and Procedures for 
Considering Environmental Impacts'' (45 FR 2244; Jan. 10, 1980), and FAA 
Order 5050.4, ``Airport Environmental Handbook'' (45 FR 56624; Aug. 24, 
1980), if an assessment is required by Order 5050.4. Copies of these 
orders may be examined 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.
    (8) A showing that the sponsor has complied with the public hearing 
requirements in Sec. 152.117.
    (9) In the case of a proposed new airport serving any area that does 
not include a metropolitan area, a showing that each community in which 
the proposed airport is to be located has approved the proposed airport 
site through the body having general legislative jurisdiction over it.
    (10) In the case of a proposed project at an air carrier airport, a 
statement that the sponsor, in making the decision to undertake the 
project, has consulted with air carriers using the airport.
    (11) In the case of a proposed project at a general aviation 
airport, a statement that the sponsor, in making the decision to 
undertake the project, has consulted with fixed-base operators using the 
airport.
    (12) In the case of terminal development, a certification that the 
airport has, or will have, all safety and security equipment required 
for certification of the airport under part 139 and has provided, or 
will provide, for access to the passenger enplaning and deplaning area 
to passengers enplaning or deplaning from aircraft other than air 
carrier aircraft.
    (d) Allocation of funds. If the proposed project for airport 
development is selected by the Administrator for inclusion in a program, 
a tentative allocation of funds is made for the project and the sponsor 
is notified of the allocation. The tentative allocation may be withdrawn 
if the sponsor does not submit a project application in accordance with 
paragraph (f) of this section.
    (e) Application for Federal assistance. As soon as practicable after 
receiving notice of a tentative allocation or, if a preapplication is 
not required (as provided in paragraph (b) of this section), an 
application for Federal assistance must be submitted.
    (f) Unless otherwise authorized by the Administrator, the 
application required by paragraph (e) of this section must be 
accompanied by the following:
    (1) When a preapplication has not been previously submitted, the 
information required by paragraph (c) of this section.
    (2) A property map of the airport showing--
    (i) The property interests of each sponsor in all the lands to be 
developed

[[Page 145]]

or used as part of, or in connection with, the airport as it will be 
when the project is completed; and
    (ii) All property interests acquired or to be acquired, for which 
U.S. aid is requested under the project.
    (3) With respect to all lands to be developed or used as a part of, 
or in connection with, the airport (as it will be when the project is 
completed) in which a satisfactory property interest is not held by a 
sponsor, a covenant by the sponsor that it will obtain a satisfactory 
property interest before construction is begun or within a reasonable 
time if not needed for construction.
    (4) If the proposed project involves the displacement of persons, 
the relocation plan required by Sec. 25.55 of the Regulations of the 
Office of the Secretary of Transportation.
    (5) When the project involves an airport location, a runway 
location, or a major runway extension, a written certification from the 
Governor of the state in which the project may be located (or a 
delegatee), providing reasonable assurance that the project will be 
located, designed, constructed, and operated so as to comply with 
applicable air and water quality standards.
    (6) A statement whether any building, installation, structure, 
location, or site of operations to be utilized in the performance of the 
grant or any contract made pursuant to the grant appears on the list of 
violating facilities distributed by the Environmental Protection Agency 
under the provisions of the Clean Air Act and Federal Water Pollution 
Control Act (40 CFR part 15).
    (7) The assurances on Civil Rights required by Sec. 21.7 of the 
Regulations of the Office of the Secretary of Transportation (49 CFR 
21.7) and Sec. 152.405.
    (8) Plans and specifications for the proposed development in 
accordance with the design and construction standards listed in appendix 
B to this part.
    (9) The applicable assurances required by appendix D to this part.
    (10) If cosponsors are not willing to assume, jointly and severally, 
the obligations imposed on them by this part and the grant agreement, a 
statement satisfactory to the Administrator indicating--
    (i) The responsibilities of each sponsor with respect to the 
accomplishment of the proposed project and the operation and maintenance 
of the airport;
    (ii) The obligations each will assume to the United States; and
    (iii) The name of the sponsor or sponsors who will accept, receipt 
for, and disburse grant payments.
    (g) Additional documentation. The Administrator may request 
additional documentation as needed to support specific items of 
development or to comply with other Federal and local requirements as 
they pertain to the requested development.

(Secs. 303, 307, 308, 312, and 313, Federal Aviation Act of 1958 (49 
U.S.C. 1344, 1348, 1349, 1353, and 1354); sec. 6(c), Dept. of 
Transportation 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), 
Regulations of the Office of the Secretary of Transportation (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. 152-11, 
45 FR 56622, Aug. 25, 1980; 45 FR 58107, Sept. 2, 1980; Amdt. 152-13, 46 
FR 30809, June 11, 1981]



Sec. 152.113  Application requirements: Airport planning.

    (a) Application for Federal assistance. An eligible sponsor or 
planning agency that desires to obtain Federal aid for eligible airport 
master planning or airport system planning must submit an application 
for Federal assistance, on a form and in a manner prescribed by the 
Administrator, to the appropriate FAA Airports District Office or 
Airports Field Office having jurisdiction over the area where the 
sponsor or planning agency is located or, where there is no such office, 
the Regional Office having that jurisdiction.
    (b) Unless otherwise authorized by the Administrator, the 
application required by paragraph (a) of this section must be 
accompanied by the following:
    (1) Any comments or statements required by appendix E, Procedures 
Implementing Office of Management and Budget Circular A-95, to this 
part.
    (2) Budget (project costs) information subdivided into the following 
functions, as appropriate, and the basis for computation of these costs:

[[Page 146]]

    (i) Third party contracts.
    (ii) Sponsor force account costs.
    (iii) Administrative costs.
    (3) A program narrative describing the proposed planning project 
including--
    (i) The objective;
    (ii) The results and benefits expected;
    (iii) A Work Statement including--
    (A) A detailed description of each work element;
    (B) A list of each organization, consultant, and key individual who 
will work on the planning project, and the nature of the contribution of 
each; and
    (C) A proposed schedule of work accomplishment; and
    (iv) The geographic location of the airport or the boundaries of the 
planning area.
    (4) If the sponsor proposes to accomplish the project with its own 
forces or those of another public or planning agency--
    (i) An assurance that adequate, competent personnel are available to 
satisfactorily accomplish the proposed planning project, and
    (ii) A description of the qualifications of the key personnel.
    (5) If cosponsors are not willing to assume, jointly, and severally, 
the obligations imposed on them by this part and the grant agreement, a 
statement satisfactory to the Administrator indicating--
    (i) The responsibilities of each sponsor with respect to the 
accomplishment of the proposed project;
    (ii) The obligations each will assume to the United States; and
    (iii) The name of the sponsor or sponsors who will accept, receipt 
for, and disburse grant payments.
    (6) The assurances on Civil Rights required by Sec. 21.7 of the 
Regulations of the Office of the Secretary of Transportation (49 CFR 
21.7).
    (7) The applicable assurances required by appendix D of this part.
    (c) Additional documentation. The Administrator may request 
additional documentation as needed to support a master plan or system 
plan, or to comply with other Federal and local requirements as they 
pertain to the requested plan.

(Secs. 303, 307, 308, 312, and 313, Federal Aviation Act of 1958 (49 
U.S.C. 1344, 1348, 1349, 1353, and 1354); sec. 6(c), Dept. of 
Transportation 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), 
Regulations of the Office of the Secretary of Transportation (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]



Sec. 152.115  Grant agreement: Offer, acceptance, and amendment.

    (a) Offer. Upon approving a project for airport development, airport 
master planning, or airport system planning, the Administrator issues a 
written offer that sets forth the terms, limitations, and requirements 
of the proposed 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 
attorney must certify that the acceptance complies with all applicable 
law, and constitutes a legal and binding obligation 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 increase;
    (3) The sponsor shows that the increase is justified; and
    (4) The change does not prejudice the interest of the United States.
    (d) Reduction of U.S. Share: Airport development grants. When 
project work for which costs have been incurred is deleted from a grant 
agreement, the Administrator reduces the maximum obligation of the 
United States proportionately, based on the cost or value of the deleted 
work as shown on the project application.

[[Page 147]]

    (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.



Sec. 152.117  Public hearings.

    (a) Before submitting a preapplication for Federal assistance for an 
airport development project involving the location of an airport, an 
airport runway, or a runway extension, the sponsor must give notice of 
opportunity for a public hearing, in accordance with paragraph (b) of 
this section, for the purpose of--
    (1) Considering the economic, social, and environmental effects of 
the location of the airport, the airport runway, or the runway 
extension; and
    (2) Determining the consistency of the location with the goals and 
objectives of any urban planning that has been carried out by the 
community.
    (b) The notice of opportunity for public 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 located;
    (3) Provide a minimum of 30 days from the date of the notice for 
submission of requests for a hearing by persons having an interest in 
the economic, social, or environmental effects of the project; and
    (4) State that a copy is available of the sponsor's environmental 
assessment, if one is required by appendix 6 of FAA Order 1050.1C, 
``Policies and Procedures for Considering Environmental 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 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 
obtained.
    (e) If a public hearing is held, the sponsor must--
    (1) Provide the Administrator a summary of the issues raised, the 
alternatives considered, the conclusion reached, and the reasons for 
that conclusion; and
    (2) If requested by the Administrator before the hearing, prepare a 
verbatim transcript of the hearing for submission 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 accordance 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]



Sec. 152.119  Contract requirements and procurement standards.

    To the extent applicable, all grant agreements, contracts, and 
subcontracts involving airport development projects or airport planning 
must be in accordance with the contract requirements in appendices A and 
C, as applicable, and the procurement standards in Attachment O of 
Office of Management and Budget Circular A-102 (42 FR 45828).



                 Subpart C--Funding of Approved Projects

    Source: Docket No. 19430, 45 FR 34789, May 22, 1980, unless 
otherwise noted.



Sec. 152.201  Applicability.

    This subpart contains the requirements for funding projects for 
airport development, airport master planning, and airport system 
planning.

[[Page 148]]



Sec. 152.203  Allowable project costs.

    (a) Airport development. To be an allowable 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 accomplish airport development in 
conformity with--
    (i) The approved plans and specifications 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 unreasonable);
    (3) Have been incurred after the date the grant agreement was 
executed, except that project formulation costs may be allowed even 
though they were incurred before that date;
    (4) Be supported by satisfactory evidence;
    (5) Have not been included in an airport planning grant; and
    (6) Be a cost determined in accordance with the cost principles for 
State and local governments in Federal Management Circular 74-4 (39 FR 
27133; 43 FR 50977).
    (b) Airport Planning. To be an allowable 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 accomplish 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 reasonable costs incurred in 
designing the study effort;
    (4) Be supported by satisfactory evidence; and
    (5) Be figured in accordance with Federal Management Circular 74-4 
(39 FR 27133; 43 FR 50977).



Sec. 152.205  United States share of project costs.

    (a) Airport development. Except as provided in paragraphs (b) and 
(c) of this section, the following is the United States share of the 
allowable cost of an airport development project approved for the 
specified year:
    (1) 90 percent in the case of grants made from funds for fiscal 
years 1976, 1977, and 1978, and grants from funds for fiscal year 1980 
made after February 17, 1980, for--
    (i) Each air carrier airport, other than a commuter service airport, 
which enplanes less than one quarter of one percent of the total annual 
passengers enplaned as determined for purposes of making the latest 
annual apportionment under section 15(a)(3) of the AADA;
    (ii) Each commuter service airport; and
    (iii) Each general aviation or reliever airport.
    (2) 80 percent in the case of grants made from funds for fiscal year 
1979 and grants from funds for fiscal year 1980 made before February 18, 
1980, for the airports specified in paragraph (a)(1) of this section.
    (3) 75 percent in the case of grants made from funds for fiscal 
years 1976 through 1980 for airports other than those specified in 
paragraph (a)(1) of this section.
    (b) In a State in which the unappropriated and unreserved public 
lands and nontaxable Indian lands, both individual and tribal, are more 
than five percent of the total land in that State, the United States' 
share under paragraph (a) of this section--
    (1) Except as provided in paragraph (b)(2) of this section, shall be 
increased by the smaller of--
    (i) 25 percent; or
    (ii) A percentage (rounded to the nearest one-tenth of a percent) 
equal to one-half of the percentage which the area of those lands is of 
the total land area of the state; and
    (2) May not exceed the greater of--
    (i) The percentage share determined under paragraph (a) of this 
section; or
    (ii) The percentage share applying on June 30, 1975, as determined 
under paragraph (b)(1) of this section.
    (c) In the case of terminal development, the United States share 
shall be 50 percent.
    (d) Airport planning. The United States share of the allowable 
project

[[Page 149]]

costs of an airport planning project shall be--
    (1) In the case of an airport master plan, that percent for which a 
project for airport development at that airport would be eligible;
    (2) In the case of an airport system plan, 75 percent.



Sec. 152.207  Proceeds from disposition of land.

    Unless otherwise authorized by the Administrator, when a release has 
been granted authorizing the sponsor to dispose of land acquired with 
assistance under part 151 of this chapter or this part, or through 
conveyances under the Surplus Property Act, the proceeds realized from 
the disposal may not be used as matching funds for any airport 
development project or airport planning grant, but may be used for any 
other airport purpose.



Sec. 152.209  Grant payments: General.

    (a) An application for a grant payment is made on a form and in a 
manner prescribed by the Administrator, and must be accompanied by any 
supporting information, that the FAA needs to determine the allowability 
of any costs for which payment is requested.
    (b) Methods of payment. Grant payments to sponsors and planning 
agencies will be made by--
    (1) Letter of credit;
    (2) Advance by Treasury check; or
    (3) Reimbursement by Treasury checks.
    (c) Letter of credit funding. Letter of credit funding may not be 
used unless--
    (1) There is or will be a continuing relationship between a sponsor 
or planning agency and the FAA for at least a 12-month period and the 
total amount of advances to be received within that period is $120,000 
or more;
    (2) The sponsor or planning agency has established or demonstrated 
to the FAA the willingness and ability to establish procedures that will 
minimize the time elapsing between the transfer of funds and their 
disbursement by the grantee; and
    (3) The sponsor's or planning agency's financial management system 
meets the standards for fund control and accountability prescribed in 
Attachment G of Office of Management and Budget Circular A-102 (42 FR 
45828).
    (d) Advance by Treasury check. Advance of funds by Treasury check 
may be made subject to the following conditions--
    (1) The sponsor or planning agency meets the requirements of 
paragraphs (c) (2) and (3) of this section;
    (2) The timing and amount of cash advances are as close as 
administratively feasible to actual disbursements by the sponsor or 
planning agency; and
    (3) Except as provided in paragraph (e) of this section, in the case 
of an airport development project, advance payments do not exceed the 
estimated project costs of the airport development expected to be 
accomplished within 30 days after the date of the sponsor's application 
for the advance payment.
    (e) No advance payment for airport development projects may be made 
in an amount that would bring the aggregate amount of all partial 
payments to more than the lower of the following:
    (i) 90 percent of the estimated United States' share of the total 
estimated cost of all airport development included in the project, but 
not including contingency items; or
    (ii) 90 percent of the maximum obligation of the United States as 
stated in the grant agreement.
    (f) Reimbursement by Treasury check. Reimbursement by Treasury check 
will be made if the sponsor or planning agency does not meet the 
requirements of paragraphs (c) (2) and (3) of this section.
    (g) Withholding of payments. Payment to the sponsor or planning 
agency may be withheld at any time during the grant period under the 
following circumstances:
    (1) The sponsor or planning agency has failed to comply with the 
program objectives, grant award conditions, or Federal reporting 
requirements.
    (2) The sponsor or planning agency is indebted to the United States 
and collection of the indebtedness will not impair accomplishment of the 
objectives of any grant program sponsored by the United States.

[[Page 150]]

    (3) The sponsor or planning agency has withheld payment to a 
contractor to assure satisfactory completion of work. Payment will be 
made to the sponsor or planning agency when it has made final payment to 
the contractor, including the amounts withheld.
    (h) Labor violations. If a contractor or a subcontractor fails or 
refuses to comply with the labor provisions of a contract under a grant 
agreement for an airport development project, further grant payments to 
the sponsor are suspended until--
    (1) The violations are corrected;
    (2) The Administrator determines the allowability of the project 
costs to which the violations relate; or
    (3) If the violations consist of underpayments to labor, the sponsor 
furnishes satisfactory assurances to the FAA that restitution has been 
or will be made to the affected employees.
    (i) Excess payments. Upon determination of the allowability of all 
project costs of a project, if it is found that the total of grant 
payments to the sponsor or planning agency was more than the total 
United States share of the allowable costs of the project, the sponsor 
or planning agency shall promptly return the excess to FAA.



Sec. 152.211  Grant payments: Land acquisition.

    If an approved project for airport development includes land 
acquisition as an item for which payment is requested, the sponsor may 
apply to the FAA for payment of the United States share of the allowable 
project costs of the acquisition, after--
    (a) The Administrator determines that the sponsor has acquired 
satisfactory title to the land; or
    (b) In the case of a request for advance payment under 
Sec. 152.209(d), the Administrator is assured that a satisfactory title 
will be acquired.



Sec. 152.213  Grant closeout requirements.

    (a) Program income. Sponsors or planning agencies that are units of 
local government shall return all interest earned on advances of grant-
in-aid funds to the Federal Government in accordance with a decision of 
the Comptroller General (42 Comp. Gen. 289). All other program income 
(gross income) earned by grant-supported activities during the grant 
period shall be retained by the sponsor and, if required by the grant 
agreement--
    (1) Be added to funds committed to the project by the FAA and the 
sponsor and used to further eligible program objectives; or
    (2) Be deducted from the total project cost for the purpose of 
determining the net costs on which the Federal share of costs will be 
based.
    (b) Financial reports. The sponsor or planning agency shall furnish, 
within 90 days after completion of all items in a grant, all reports, 
including financial performance reports, required as a condition of the 
grant.
    (c) Project completion. When the project for airport development or 
planning is completed in accordance with the grant agreement, the 
sponsor or planning agency may apply for payment for all incurred costs, 
as follows:
    (1) Airport development. When allowability of costs can be 
determined under Sec. 152.203, payment may be made to the sponsor if--
    (i) A final inspection of all work at the airport site has been made 
jointly by the appropriate FAA office and representatives of the sponsor 
and the contractor, unless that office agrees to a different procedure 
for final inspection; and
    (ii) The sponsor has furnished final ``as constructed'' plans, 
unless otherwise agreed to by the Administrator.
    (2) Airport planning. When the final planning report has been 
received and accepted by the FAA.
    (d) Property accounting reports: Airport development projects. The 
sponsor of an airport development project shall account for any property 
acquired with grant funds or received from the United States, in 
accordance with the provisions of Attachment N of Office of Management 
and Budget Circular A-102 (42 FR 45828).
    (e) Final determination of U.S. share. Based upon an audit or other 
information considered sufficient in lieu of an audit, the Administrator 
determines the total amount of the allowable project costs and makes 
settlement for any adjustments to the Federal share of costs.

[[Page 151]]



            Subpart D--Accounting and Reporting Requirements

    Source: Docket No. 19430, 45 FR 34791, May 22, 1980, unless 
otherwise noted.



Sec. 152.301  Applicability.

    This subpart contains accounting and reporting requirements 
applicable to--
    (a) Each sponsor of a project for airport development;
    (b) Each sponsor of a project for airport master planning; and
    (c) Each planning agency conducting a project for airport system 
planning.



Sec. 152.303  Financial management system.

    Each sponsor or planning agency shall establish and maintain a 
financial management system that meets the standards of Attachment G of 
Office of Management and Budget Circular A-102 (42 FR 45828).



Sec. 152.305  Accounting records.

    (a) Airport development. Each sponsor of a project for airport 
development shall establish and maintain, for each individual project, 
an accounting record satisfactory to the Administrator which segregates 
cost information into the cost classifications set forth in Standard 
Form 271 (42 FR 45841).
    (b) Airport planning. Each sponsor of a project for airport master 
planning and each planning agency conducting a project for airport 
system planning shall establish and maintain, for each planning project, 
an adequate accounting record that segregates and groups direct and 
indirect cost information in the following classifications:
    (1) Third party contract costs.
    (2) Force account costs.
    (3) Administrative costs.



Sec. 152.307  Retention of records.

    Each sponsor or planning agency shall retain, for a period of 3 
years after the date of submission of the final expenditure report--
    (a) Documentary evidence, such as invoices, cost estimates, and 
payrolls, supporting each item of project costs; and
    (b) Evidence of all payments for items of project costs, including 
vouchers, cancelled checks or warrants, and receipts for cash payments.



Sec. 152.309  Availability of sponsor's records.

    (a) The sponsor or planning agency shall allow any authorized 
representative of the Administrator, the Secretary of Transportation, or 
the Comptroller General of the United States access to any of its books, 
documents, papers, and records that are pertinent to grants received 
under this part for the purposes of accounting and audit.
    (b) The sponsor or planning agency shall allow appropriate FAA or 
DOT representatives to make progress audits at any time during the 
project, upon reasonable notice to the sponsor or planning agency.
    (c) It audit findings have not been resolved, the applicable records 
shall be retained by the sponsor or planning agency until those findings 
have been resolved.
    (d) Records for nonexpendable property that was acquired with 
Federal funds shall be retained for three years after final disposition 
of the property.
    (e) Microfilm copies of original records may be substituted for 
original records with the approval of the FAA.
    (f) If the FAA determines that certain records have long-term 
retention value, the FAA may require transfer of custody of those 
records to the FAA.



Sec. 152.311  Availability of contractor's records.

    The sponsor or planning agency shall include in each contract of the 
cost reimbursable type a clause that allows any authorized 
representative of the Administrator, the Secretary of Transportation, or 
the Comptroller General of the United States access to the contractor's 
records pertinent to the contract for the purposes of accounting and 
audit.



Sec. 152.313  Property management standards.

    (a) The sponsor shall establish and maintain property management 
standards in accordance with Attachment N of Office of Management and 
Budget Circular A-102 (42 FR 45828) for the utilization and disposition 
of property furnished by the Federal Government, or

[[Page 152]]

acquired in whole or in part by the sponsor with Federal funds.
    (b) A sponsor may use its own property management standards and 
procedures as long as the standards required by paragraph (a) of this 
section are included.



Sec. 152.315  Reporting on accrual basis.

    (a) Except as provided in paragraph (b) of this section each sponsor 
or planning agency shall submit all financial reports on an accrual 
basis.
    (b) If records are not maintained on an accrual basis by a sponsor 
or planning agency, reports may be based on an analysis of records or 
best estimates.



Sec. 152.317  Report of Federal cash transactions.

    When funds are advanced to a sponsor or planning agency by Treasury 
check, the sponsor or planning agency shall submit the report form 
prescribed by the Administrator within 15 working days following the end 
of the quarter in which check was received.



Sec. 152.319  Monitoring and reporting of program performance.

    (a) The sponsor or planning agency shall monitor performance under 
the project to ensure that--
    (1) Time schedules are being met;
    (2) Work units projected by time periods are being accomplished; 
and,
    (3) Other performance goals are being achieved.
    (b) Reviews shall be made for--
    (1) Each item of development or work element included in the 
project; and
    (2) All other work to be performed as a condition of the grant 
agreement.
    (c) Airport development. Unless otherwise requested by the 
Administrator, the sponsor of a project for airport development shall 
submit a performance report, on an annual basis, that must include--
    (1) A comparison of actual accomplishments to the goals established 
for the period, made, if applicable, on a quantitative basis related to 
cost data for computation of unit costs;
    (2) The reasons for slippage in each case where an established goal 
was not met; and
    (3) Other pertinent information including, when appropriate, an 
analysis and explanation of each cost overrun and high unit cost.
    (d) Airport planning. The sponsor of a project for airport master 
planning or a planning agency conducting a project for airport system 
planning shall submit a performance report, on a quarterly basis, that 
must include:
    (1) A comparison of actual accomplishments to the goals established 
for the period, made, if applicable, on a quantitative basis related to 
costs for computation of work element costs;
    (2) Reasons for slippage in each case where an established goal was 
not met; and
    (3) Other pertinent information including, when appropriate, an 
analysis and explanation of each cost overrun and high work element 
cost.



Sec. 152.321  Notice of delay or acceleration.

    (a) The sponsor or planning agency shall promptly notify the FAA of 
each condition or event that may delay or accelerate accomplishment of 
the project.
    (b) In the event that delay is anticipated, the notice required by 
paragraph (a) of this section must include--
    (1) A statement of actions taken or contemplated; and
    (2) Any Federal assistance needed.



Sec. 152.323  Budget revision: Airport development.

    (a) If any performance review conducted by the sponsor discloses a 
need for change in the budget estimates, the sponsor shall submit a 
request for budget revision on a form prescribed by the Administrator.
    (b) A request for prior approval for budget revision shall be made 
promptly by the sponsor whenever--
    (1) The revision results from changes in the scope or objective of 
the project; or
    (2) The revision increases the budgeted amounts of Federal funds 
needed to complete the project.
    (c) The sponsor shall promptly notify the FAA whenever the amount of 
the grant is expected to exceed the needs of the sponsor by more than 
$5,000, or 5

[[Page 153]]

percent of the grant amount, whichever is greater.



Sec. 152.325  Financial status report: Airport planning.

    Each sponsor of a project for airport master planning and each 
planning agency conducting a project for airport system planning shall 
submit a financial status report on a form prescribed by the 
Administrator at the completion of the project.



           Subpart E--Nondiscrimination in Airport Aid Program

    Authority: Sec. 30 of the Airport and Airway Development Act of 1970 
(49 U.S.C. 1730); sec. 1.47(f)(1) of the Regulations of the Office of 
the Secretary of Transportation (49 CFR 1.47(f)(1)).

    Source: Docket No. 16419, 45 FR 10188, Feb. 14, 1980, unless 
otherwise noted.



Sec. 152.401  Applicability.

    (a) This subpart is applicable to all grantees and other covered 
organizations under this part, and implements the requirements of 
section 30 of the Airport and Airway Development Act of 1970, which 
provides:

The Secretary shall take affirmative action to assure that no person 
shall, on the grounds of race, creed, color, national origin, or sex, be 
excluded from participating in any activity conducted with funds 
received from any grant made under this title. The Secretary shall 
promulgate such rules as he deems necessary to carry out the purposes of 
this section and may enforce this section, and any rules promulgated 
under this section, through agency and department provisions and rules 
which shall be similar to those established and in effect under Title VI 
of the Civil Rights Act of 1964. The provisions of this section shall be 
considered to be in addition to and not in lieu of the provisions of 
Title VI of the Civil Rights Act of 1964.
    (b) Each grantee, covered organization, or covered suborganization 
under this part shall negotiate reformation of any contract, 
subcontract, lease, sublease, or other agreement to include any 
appropriate provision necessary to effect compliance with this subpart 
by July 17, 1980.



Sec. 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, 
improving, or repairing a public airport or portion thereof, including 
the removal, lowering, relocation, and marking and lighting of airport 
hazards, and including navigation aids used by aircraft landing at, or 
taking off from, a public airport, and including safety equipment 
required by rule or regulation for certification of the airport under 
section 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 security of persons and property on the airport, and 
including snow removal equipment, and including the purchase of noise 
suppressing equipment, the construction of physical 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 development, which is necessary to permit any such work 
or to remove or mitigate or prevent or limit the establishment 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 airport.
    Aviation related activity means a commercial enterprise--(1) Which 
is operated on the airport pursuant to an agreement with the grantee or 
airport operator or to a derivative subagreement;
    (2) Which employs persons on the airport; and
    (3) Which--(i) Is related primarily to the aeronautical activities 
on the airport;

[[Page 154]]

    (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 airport; or
    (iv) Performs construction work on the airport.
    Aviation workforce includes, with respect to grantees, each person 
employed 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 activity.
    Covered suborganization is a subgrantee or sub-aviation related 
activity, of a covered organization.
    Department means the United States Department of Transportation;
    Grant means Federal financial assistance 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 person having origins in any or the 
original peoples of the Far East, Southeast Asia, the Indian 
subcontinent, or the Pacific Islands, including, but not limited to 
China, Japan, Korea, the Philippine Islands, and Samoa; or
    (4) American Indian or Alaskan Native: A person having origins in 
any of the original peoples of North America who maintains cultural 
identification through tribal affiliation or community recognition.
    Planning agency means any planning agency designated by the 
Secretary which is authorized by the laws of the State or States 
(including the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, the Trust Territory of the Pacific Islands, and Guam) or 
political subdivisions concerned to engage in areawide planning for the 
area in which assistance under this part is to be used;
    Secretary means the Secretary of Transportation or an authorized 
representative 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 
accordance with this part, an application for financial assistance, or 
that conducts 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 expected from their 
availability in--
    (1) The SMSA; or
    (2) In the absence of a defined SMSA, in the counties contiguous to 
the employer's location, or the location where the work is to be 
performed, and in the areas from which persons may reasonably be 
expected to commute.



Sec. 152.405  Assurances.

    The following assurances shall be included 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 
employment, contracting, or leasing activities covered in 14 CFR part 
152, subpart E. The grantee assures that no person shall be excluded, on 
these grounds, from participating in or receiving the services or 
benefits of any program or activity covered by this subpart. The grantee 
assures that it will require that its covered organizations provide 
assurances to the grantee that they similarly will undertake affirmative 
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 opportunity required by 14 CFR 
part 152, subpart E, as part of the affirmative

[[Page 155]]

action program, and by any Federal, State, or local agency or court, 
including those resulting from a conciliation agreement, a consent 
decree, court order, or similar mechanism. The grantee agrees that State 
or local affirmative action plans will be used in lieu of any 
affirmative action plan or steps required by 14 CFR part 152, subpart 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 
organizations, and to cause them to require a similar assurance of their 
covered suborganizations, as required by 14 CFR part 152, subpart E.



Sec. 152.407  Affirmative action plan: General.

    (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 Sec. 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 
workforce.
    (2) Each planning Agency which employs 50 or more employees in its 
agency for aviation purposes.
    (3) Each state political division, administering a grant under the 
AADA to develop standards for airport development 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 acceptable to another Federal agency.
    (2) An affirmative action plan for a State or local agency that the 
covered organization certifies meets the standards in Sec. 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 Sec. 152.409.
    (c) Each sponsor shall require each aviation related activity (other 
than construction contractors) which employs 50 or more employees on the 
airport to prepare, and keep on file for review by the FAA Office of 
Civil Rights, an affirmative action plan developed in accordance with 
the standards in Sec. 152.409, unless the activity is subject to one of 
the mechanisms described in paragraphs (b) (1) through (3) of this 
section.
    (d) Each sponsor shall require each aviation related activity 
described in paragraph (c) of this section to similarly require each of 
its covered suborganizations (other than construction contractors) which 
employs 50 or more employees on the airport to prepare, and to keep on 
file for review by the FAA Office of Civil Rights, an affirmative action 
plan developed in accordance with the standards in Sec. 152.409, unless 
the suborganization is subject to one of the mechanisms described in 
paragraphs (b) (1) through (3) of this section.



Sec. 152.409  Affirmative action plan standards.

    (a) Each affirmative action plan required by this subpart shall be 
developed in accordance with the following:
    (1) An analysis of the employer's aviation workforce which groups 
employees into the following job categories:
    (i) Officials and managers.
    (ii) Professionals.
    (iii) Technicians.
    (iv) Sales workers.
    (v) Office and clerical workers.
    (vi) Craft workers (skilled).
    (vii) Operatives (semi-skilled).
    (viii) Laborers (unskilled).
    (ix) Service workers.
    (2) A comparison separately made of the percent of minorities and 
women in the employer's present aviation workforce (in each of the job 
categories listed in paragraph (a)(1) of this section) with the percent 
of minorities and women in each of those categories in the total 
workforce located in the SMSA, or, in the absence of an SMSA, in the 
counties contiguous to the employer's location or the location where the 
work is to be performed and in the areas from which persons may 
reasonably be expected to commute. This

[[Page 156]]

data on the total workforce of the applicable area will be supplied to 
grantees by the FAA. Grantees shall make this data available to the 
other organizations covered by this subpart. The comparison for 
minorities must be made only when minorities constitute at least 2 
percent of the total workforce in the geographical area used for the 
comparison.
    (3) A comparison, for the aviation workforce, of the total number of 
applicants and persons hired with the total number of minority and 
female applicants, and minorities and females hired, for the past year. 
Where this data is unavailable, the employer shall establish and 
maintain a system to provide the data, and shall make the comparison 120 
days after establishing the data system.
    (4) Where the percentage of minorities and women in the employer's 
aviation workforce, in each job category, is less than the minority and 
female percentage in any job category in the workforce of the 
geographical area used, an analysis, based on the comparison required by 
paragraph (a)(3) of this section, determining whether any of the 
following exists:
    (i) Insufficient flow of minority and female applicants.
    (ii) Disparate rejection of minority and female applicants. The FAA 
generally considers disparate rejection to exist whenever a selection 
rate for any race, sex, or ethnic group is less than 80 percent of the 
rate for the race, sex, or ethnic group with the highest selection rate.
    (b) Each affirmative action plan required by this part shall be 
implemented through an action-oriented program with goals and timetables 
designed to eliminate obstacles to equal opportunity for women and 
minorities in recruitment and hiring, which shall include, but not be 
limited to:
    (1) Where disparate rejection of minority and female applicants is 
indicated by the analysis required by paragraph (a)(4) of this section, 
validation of those portions of the testing or selection procedures 
which cause the disparity in accordance with the ``Uniform Guidelines on 
Employee Selection'' (43 FR 38290; August 25, 1978), within 120 days of 
the analysis.
    (2) Where testing or selection procedures cannot be validated, 
discontinuation of their use.
    (3) Where an insufficient flow of minority and female applicants 
(less than the percentage available) is indicated by the analysis 
required by paragraph (a)(4) of this section, good faith efforts to 
increase the flow of minority and female applicants through the 
following steps, as appropriate:
    (i) Development or reaffirmation of an equal opportunity policy and 
dissemination of that policy internally and externally.
    (ii) Contact with minority and women's organizations, schools with 
predominant minority or female enrollments, and other recruitment 
sources for minorities and women.
    (iii) Encouragement of State and local employment agencies, unions, 
and other recruiting sources to ensure that minorities and women have 
ample information on, and opportunity to apply for, vacancies and to 
participate in examinations.
    (iv) Participation in special employment programs such as Co-
operative Education Programs with predominantly minority and women's 
colleges, ``After School'' or Work Study programs, and Summer 
Employment.
    (v) Participation in ``Job Fairs.''
    (vi) Participation of minority and female employees in Career Days, 
Youth Motivation Programs, and counseling and related activities in the 
community.
    (vii) Encouragement of minority and female employees to refer 
applicants.
    (viii) Motivation, training, and employment programs for minority 
and female hard-core unemployed.



Sec. 152.411  Affirmative action steps.

    (a) Each grantee which is not described in Sec. 152.407(a) and is 
not subject to an affirmative action plan, regulatory goals and 
timetables, or other mechanism providing for short and long-range goals 
for equal employment opportunity, shall make good faith efforts to 
recruit and hire minorities and women for its aviation workforce as 
vacancies occur, by taking the affirmative action steps in 
Sec. 152.409(b)(3), as follows:

[[Page 157]]

    (1) If it has 15 or more employees in its aviation workforce or 
employed for aviation purposes, by taking the affirmative action steps 
in Sec. 152.409(b)(3), as appropriate; or
    (2) If it has less than 15 employees in its aviation workforce or 
employed for aviation purposes, by taking the affirmative action steps 
in Sec. 152.409(b)(3) (i) and (ii), as appropriate.
    (b) Except as provided in paragraph (c) of this section, each 
sponsor shall require each of its aviation related activities on its 
airport, that is not subject to an affirmative action plan, regulatory 
goals and timetables, or other mechanism which provides short and long-
range goals for equal employment opportunity, to take affirmative action 
steps and cause them to similarly require affirmative action steps of 
their covered suborganizations, as follows:
    (1) Each aviation related activity or covered suborganization with 
less than 50 but more than 14 employees, must take the affirmative 
action steps enumerated in Sec. 152.409(b)(3), as appropriate.
    (2) Each aviation related activity or covered suborganization with 
less than 15 employees, must take the affirmative action steps 
enumerated in Sec. 152.409(b)(3) (i) and (ii), as appropriate.
    (c) Each sponsor shall require each construction contractor, that 
has a contract of $10,000 or more on its airport and that is not subject 
to an affirmative action plan, regulatory goals or timetables, or other 
mechanism which provides short and long-range goals for equal employment 
opportunity, to take the following affirmative action steps:
    (1) The contractor must establish and maintain a current list of 
minority and female recruitment sources; provide written notification to 
these recruitment sources and to community organizations when employment 
opportunities are available; and maintain a record of each 
organization's response.
    (2) The contractor must maintain a current file of the names, 
addresses, and telephone numbers of each minority and female walk-in 
applicant and each referral from a union, a recruitment source, or 
community organization and the action taken with respect to each 
individual. Where an individual is sent to the union hiring hall for 
referral, but not referred back to the contractor, or, if referred, not 
employed by the contractor, this shall be documented. The documentation 
shall include an explanation of, and information on, any additional 
actions that the contractor may have taken.
    (3) The contractor must disseminate its equal employment opportunity 
policy internally--
    (i) By providing notice of the policy to unions and training 
programs;
    (ii) By including it in policy manuals and collective bargaining 
agreements;
    (iii) By publicizing it in the company newspaper, report, or other 
publication; and
    (iv) By specific review of the policy with all management personnel 
and with all employees at least once a year.
    (4) The contractor must disseminate the contractors's equal 
employment opportunity policy externally--
    (i) By stating it in each employment advertisement in the news 
media, including news media with high minority and female readership; 
and
    (ii) By providing written notification to, or participating in 
discussions with, other contractors and subcontractors with whom the 
contractor does business.
    (5) The contractor must direct its recruitment efforts to minority 
and female organizations, to schools with minority and female students, 
and to organizations which recruit and train minorities and women, in 
the contractor's recruitment area.
    (6) The contractor must encourage present minority and female 
employees to recruit other minorities and women.
    (7) The contractor must, where possible, provide after school, 
summer, and vacation employment to minority and female youth.
    (d) Each sponsor shall require each of its prime construction 
contractors on its airport, with a contract of $10,000 or more, to 
require each of the contractor's subcontractors on the airport to comply 
with the affirmative action steps in paragraph (c) of this section, with 
which it does not already comply, unless the subcontractor is subject to 
an affirmative action plan, regulatory goals or timetables, or other 
mechanism which provides short and long-

[[Page 158]]

range goals for equal employment opportunity, or the subcontract is less 
than $10,000.



Sec. 152.413  Notice requirement.

    Each grantee shall give adequate notice to employees and applicants 
for employment, through posters provided by the Secretary, that the FAA 
is committed to the requirements of section 30 of the AADA, to ensure 
that no person shall, on the grounds of race, creed, color, national 
origin, or sex, be excluded from participating in any activity conducted 
with funds authorized under this part.



Sec. 152.415  Records and reports.

    (a) Each grantee shall keep on file for a period of three years or 
for the period during which the Federal financial assistance is made 
available, whichever is longer, reports (other than those transmitted to 
the FAA), records, and affirmative action plans, if applicable, that 
will enable the FAA Office of Civil Rights to ascertain if there has 
been and is compliance with this subpart.
    (b) Each sponsor shall require its covered organizations to keep on 
file, for the period set forth in paragraph (a) of this section, reports 
(other than those submitted to the FAA), records, and affirmative action 
plans, if applicable, that will enable the FAA Office of Civil Rights to 
ascertain if there has been and is compliance with this subpart, and 
shall cause them to require their covered suborganizations to keep 
similar records as applicable.
    (c) Each grantee, employing 15 or more person, shall annually submit 
to the FAA a compliance report on a form provided by the FAA and a 
statistical report on a Form EEO-1 of the Equal Employment Opportunity 
Commission (EEOC) or any superseding EEOC form. If a grantee already is 
submitting a Form EEO-1 to another agency, the grantee may submit a copy 
of that form to the FAA as its statistical report. The information 
provided shall include goals and timetables, if established in 
compliance with the requirements of Sec. 152.409 or with the 
requirements of another Federal agency or a State or local agency.
    (d) Each sponsor shall--
    (1) Require each of its aviation-related activities (except 
construction contractors), employing 15 or more persons, to annually 
submit to the sponsor the reports required by paragraph (c) of this 
section, on the same basis as stated in paragraph (c) of this section, 
and shall cause each aviation-related activitiy to require its covered 
suborganizations, with 15 or more employees, to annually submit the 
reports required by paragraph (c) of this section through the prime 
organization to the sponsor, for transmittal by the sponsor to the FAA.
    (2) Annually collect from its aviation related activities employing 
less than 15 employees, and transmit to the FAA an aggregate employment 
report, that includes the employment of sponsors with less than 15 
employees, on an EEO-1 or any superseding EEOC form.
    (e) Each sponsor shall require each of its construction contractors 
on its airport, with a contract of $10,000 or more, which is not subject 
to E.O. 11246 and the regulations of the Department of Labor (DOL), to 
submit to the sponsor, at the conclusion of the project, a compliance 
report on a form provided by the FAA and a statistical report on a DOL 
Form 257 or any superseding DOL form. For projects exceeding six months, 
the sponsor shall require a midway compliance report. The sponsor shall 
submit these reports to the FAA.
    (f) Each sponsor shall cause each of its construction contractors on 
its airport to require each of the contractor's subcontractors, with a 
subcontract of $10,000 or more, which are not subject to E.O. 11246 and 
the regulations of the DOL, to submit the reports required by paragraph 
(e) of this section to the prime contractor for submission to the 
sponsor. The sponsor shall transmit these reports to the FAA.
    (g) Each organization required to prepare an affirmative action plan 
for the FAA under this subpart shall update it annually and as changed 
circumstances require. Each organization that has prepared a plan in 
compliance with the requirements of another Federal agency or a State or 
local agency, shall update it in accordance with the requirements of 
that agency.

[[Page 159]]



Sec. 152.417  Monitoring employment.

    (a) Each grantee shall allow the FAA Office of Civil Rights to 
monitor its equal employment opportunity compliance with this subpart 
through on-site reviews and desk audits. Reviews or audits will include 
the records submitted under Sec. 152.415.
    (b) As it deems necessary, the FAA Office of Civil Rights will 
conduct on-site or desk audits of covered aviation related activities on 
airports.



Sec. 152.419  Minority business.

    Each person subject to this subpart is required to comply with the 
Minority Business Enterprise Regulations of the Department.



Sec. 152.421  Public accommodations, services, and benefits.

    Requirements relating to the provision of public accommodations, 
services, and other benefits to beneficiaries under Title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and part 21 of the 
regulations of the Office of the Secretary of Transportation (49 CFR 
part 21) implementing Title VI are made applicable, where appropriate, 
to nondiscrimination and affirmative action on the basis of sex or 
creed, and shall be complied with by each applicant for assistance and 
each grantee.



Sec. 152.423  Investigation and enforcement.

    (a) Complaints. Any person who believes that he or she has been 
subjected to discrimination prohibited by this subpart may personally, 
or through a representative, file a complaint with the Director of the 
Departmental Office of Civil Rights. A complaint must be in writing and 
filed not later than 180 days after the date of the alleged 
discrimination, unless the time for filing is extended by the Director.
    (b) Investigations and informal resolutions. The Departmental Office 
of Civil Rights will make a prompt investigation whenever a complaint, 
compliance review, report, or any other information indicates a possible 
failure to comply with this subpart. The procedures in 49 CFR part 21, 
augmented as appropriate by the investigative procedures of part 13 of 
this chapter, will be followed, except that--
    (1) Compliance with a regulation of the Department applicable to 
minority business enterprise will be investigated and enforced through 
the procedures contained in that regulation; and
    (2) Except as provided in paragraph (c) of this section, allegations 
of noncompliance with regulations governing equal employment opportunity 
of another Federal agency or a State or local agency, will be referred, 
for investigation and enforcement, to the Federal agency or, in the 
discretion of the Departmental Office of Civil Rights, to the State or 
local agency.
    (c) When the FAA (under section 30 of the AADA) and another Federal 
agency, a referral agency recognized by the Equal Employment Opportunity 
Commission, or a court have concurrent jurisdiction over a matter--
    (1) If the other agency or court makes a finding on the record that 
noncompliance or discrimination has occurred, the FAA will accept the 
finding, and determine what sanctions or remedies are appropriate under 
section 30 as a result of the finding, after permitting the party 
against whom the finding was made to be heard on the determination of 
the sanctions or remedies; or
    (2) If it appears that delay, through referral to another agency, 
will result in the continued expenditure of Federal funds under this 
part without compliance with this subpart, the Secretary may--
    (i) Investigate the matter;
    (ii) Make a determination as to compliance with section 30; and
    (iii) Impose appropriate sanctions and remedies.
    (d) Nothing in this section shall preclude the Director of the 
Departmental Office of Civil Rights from initiating an investigation 
when it appears that the investigation of the complaint may reveal a 
pattern or practice of discrimination or noncompliance with the 
requirements of this subpart in the employment practices of a grantee or 
other covered organization.



Sec. 152.425  Effect of subpart.

    Nothing contained in this subpart diminishes or supersedes the 
obligations imposed by Title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000d), Executive

[[Page 160]]

Order 11246 (42 U.S.C. 2000e (note)), or any other Federal law or 
Executive Order relating to civil rights.



             Subpart F--Suspension and Termination of Grants

    Source: Docket No. 19430, 45 FR 34792, May 22, 1980, unless 
otherwise noted.



Sec. 152.501  Applicability.

    This subpart contains procedures for suspending or terminating 
grants for airport development projects and airport planning.



Sec. 152.503  Suspension of grant.

    (a) If the sponsor or planning agency fails to comply with the 
conditions of the grant, the FAA may, by written notice to the sponsor 
or planning agency, suspend the grant and withhold further payments 
pending--
    (1) Corrective action by the sponsor or planning agency; or
    (2) A decision to terminate the grant.
    (b) Except as provided in paragraph (c), after receipt of notice of 
suspension, the sponsor or planning agency may not incur additional 
obligations of grant funds during the suspension.
    (c) All necessary and proper costs that the sponsor or planning 
agency could not reasonably avoid during the period of suspension will 
be allowed, if those costs are in accordance with appendix C of this 
part.



Sec. 152.505  Termination for cause.

    (a) If the sponsor or planning agency fails to comply with the 
conditions of the grant, the FAA may, by written notice to the sponsor 
or planning agency, terminate the grant in whole, or in part.
    (b) The notice of termination will contain--
    (1) The reasons for the termination, and
    (2) The effective date of termination.
    (c) After receipt of the notice of termination, the sponsor or 
planning agency may not incur additional obligations of grant funds.
    (d) Payments to be made to the sponsor or planning agency, or 
recoveries of payments by the FAA, under the grant shall be in 
accordance with the legal rights and liabilities of the parties.



Sec. 152.507  Termination for convenience.

    (a) When the continuation of the project would not produce 
beneficial results commensurate with the further expenditure of funds, 
the grant may be terminated in whole, or in part, upon mutual agreement 
of the FAA and the sponsor or planning agency.
    (b) If an agreement to terminate is made, the sponsor or planning 
agency--
    (1) May not incur new obligations for the terminated portion after 
the effective date; and
    (2) Shall cancel as many obligations, relating to the terminated 
portion, as possible.
    (c) The sponsor or planning agency is allowed full credit for the 
Federal share of the noncancellable obligations that were properly 
incurred by the sponsor before the termination.



Sec. 152.509  Request for reconsideration.

    If a grant is suspended or terminated under this subpart, the 
sponsor or planning agency may request the Administrator to reconsider 
the suspension or termination.



          Subpart G--Energy Conservation in Airport Aid Program

    Authority: Secs. 1-27, 84 Stat. 220-223 (49 U.S.C. 1711-1727); sec. 
1.47(g), Regulations of the Office of the Secretary of Transportation; 
35 FR 17044; sec. 403(b), 92 Stat. 3318; E.O. 12185.

    Source: Docket No. 66, 45 FR 58035, Aug. 29, 1980, unless otherwise 
noted.



Sec. 152.601  Purpose.

    This subpart implements section 403 of the Powerplant and Industrial 
Fuel Use Act of 1978 (92 Stat. 3318; Pub. L. 95-620) in order to 
encourage conservation of petroleum and natural gas by recipients of 
Federal financial assistance.



Sec. 152.603  Applicability.

    This subpart applies to each recipient of Federal financial 
assistance from the Federal Aviation Administration through the Airport 
Development Aid Program (ADAP) unless otherwise excluded by definition.

[[Page 161]]



Sec. 152.605  Definitions.

    As used in this subpart--
    Building construction means construction of any building which 
receives Federal assistance under the program, which will exceed 
$200,000 in construction cost.
    Energy assessment means an analysis of total energy requirements of 
a building, which, within the scope of the proposed construction 
activity, and at a level of detail appropriate to that scope, considers 
the following:
    (a) Overall design of the facility or modification, and alternative 
designs;
    (b) Materials and techniques used in construction or rehabilitation;
    (c) Special or innovative conservation features that may be used;
    (d) Fuel requirements for heating, cooling, and operations essential 
to the function of the structure, projected over the life of the 
facility and including projected costs of this fuel; and
    (e) Kind of energy to be used, including--
    (1) Consideration of opportunities for using fuels other than 
petroleum and natural gas, and
    (2) Consideration of using alternative, renewable energy sources.
    Major building modification means modification of any building which 
receives Federal assistance under the program, which will exceed 
$200,000 in construction cost.



Sec. 152.607  Building design requirements.

    Each sponsor shall perform an energy assessment for each federally-
assisted building construction or major building modification project 
proposed at the airport. The building design, construction, and 
operation shall incorporate, to the extent consistent with good 
engineering practice, the most cost-effective energy conservation 
features identified in the energy assessment.



Sec. 152.609  Energy conservation practices.

    Each sponsor shall require fuel and energy conservation practices in 
the operation and maintenance of the airport and shall encourage airport 
tenants to use these practices.

          Appendix A to Part 152--Contract and Labor Provisions

    This appendix sets forth contract and labor provisions applicable to 
grants under the Airport and Airway Development Act of 1970.
    This appendix does not apply to: (1) Any contract with the owner of 
airport hazards, buildings, pipelines, powerlines, or other structures 
or facilities, for installing, extending, changing, removing, or 
relocating that structure or facility, and (2) any written agreement or 
understanding between a sponsor and another public agency that is not a 
sponsor of the project, under which the public agency undertakes 
construction work for or as agent of the sponsor.

 I. Contract Provisions Required by the Regulations of the Secretary of 
                                  Labor

    Each sponsor entering into a construction contract for an airport 
development project shall insert in the contract and any supplemental 
agreement:
    (1) The provisions required by the Secretary of Labor, as set forth 
in paragraphs A through K;
    (2) The provisions set forth in paragraph L, and
    (3) Any other provisions necessary to ensure completion of the work 
in accordance with the grant agreement.

The provisions in paragraphs A through K and provision (5) in paragraph 
L need not be included in prime contracts of $2,000 or less.
    A. Minimum wages. (1) All mechanics and laborers employed or working 
upon the site of the work will be paid unconditionally and not less 
often than once a week, and without subsequent deduction or rebate on 
any account (except such payroll deductions as are permitted by 
regulations issued by the Secretary of Labor under the Copeland Act [29 
CFR part 3], the full amounts due at time of payment computed at wage 
rates not less than those contained in the wage determination 
decision(s) of the Secretary of Labor which is (are) attached hereto and 
made a part hereof, regardless of any contractual relationship which may 
be alleged to exist between the contractor and such laborers and 
mechanics; and the wage determination decision(s) shall be posted by the 
contractor at the site of the work in a prominent place where it (they) 
can be easily seen by the workers. For the purpose of this paragraph, 
contributions made or costs reasonably anticipated under section 1(b)(2) 
of the Davis-Bacon Act on behalf of laborers or mechanics are considered 
wages paid to such laborers or mechanics, subject to the provisions of 
paragraph (4) below. Also for the purpose of this paragraph, regular 
contributions made or costs incurred for more than a weekly period under 
plans, funds, or programs, but covering the particular weekly period, 
are

[[Page 162]]

deemed to be constructively made or incurred during such weekly period 
(29 CFR 5.5(a)(1)(i)).
    (2) Any class of laborers or mechanics, including apprentices and 
trainees, which is not listed in the wage determination(s) and which is 
to be employed under the contract, shall be classified or reclassified 
conformably to the wage determination(s), and a report of the action 
taken shall be sent by the [insert sponsor's name] to the FAA for 
approval and transmittal to the Secretary of Labor. In the event that 
the interested parties cannot agree on the proper classification or 
reclassification of a particular class of laborers and mechanics, 
including apprentices and trainees, to be used, the question accompanied 
by the recommendation of the FAA shall be referred to the Secretary of 
Labor for final determination (29 CFR 5.5(a)(1)(ii)).
    (3) Whenever the minimum wage rate prescribed in the contract for a 
class of laborers or mechanics includes a fringe benefit which is not 
expressed as an hourly wage rate and the contractor is obligated to pay 
a cash equivalent of such a fringe benefit, an hourly cash equivalent 
thereof shall be established. In the event the interested parties cannot 
agree upon a cash equivalent of the fringe benefit, the question 
accompanied by the recommendation of the FAA shall be referred to the 
Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii)).
    (4) If the contractor does not make payments to a trustee or other 
third person, he may consider as part of the wages of any laborer or 
mechanic the amount of any costs reasonably anticipated in providing 
benefits under a plan or program of a type expressly listed in the wage 
determination decision of the Secretary of Labor which is a part of this 
contract: Provided, however, the Secretary of Labor has found, upon 
written request of the contractor, that the applicable standards of the 
Davis-Bacon Act have been met. The Secretary of Labor may require the 
contractor to set aside in a separate account assets for the meeting of 
obligations under the plan or program (29 CFR 5.5(a)(1)(iv)).
    B. Withholding: FAA from sponsor. Pursuant to the terms of the grant 
agreement between the United States and [insert sponsor's name], 
relating to Airport Development Aid Project No. __, and part 152 of the 
Federal Aviation Regulations (14 CFR part 152), the FAA may withhold or 
cause to be withheld from the [insert sponsor's name] so much of the 
accrued payments or advances as may be considered necessary to pay 
laborers and mechanics, including apprentices and trainees, employed by 
the contractor or any subcontractor on the work the full amount of wages 
required by this contract. In the event of failure to pay any laborer or 
mechanics, including any apprentice or trainee, employed or working on 
the site of the work all or part of the wages required by this contract, 
the FAA may, after written notice to the [insert sponsor's name], take 
such action as may be necessary to cause the suspension of any further 
payment or advance of funds until such violations have ceased (29 CFR 
5.5(a)(2)).
    C. Payrolls and basic records. (1) Payrolls and basic records 
relating thereto will be maintained during the course of the work and 
preserved for a period of 3 years thereafter for all laborers and 
mechanics working at the site of the work. Such records will contain the 
name and address of each such employee, his correct classification, 
rates of pay (including rates of contributions or costs anticipated of 
the types described in section 1(b)(2) of the Davis-Bacon Act), daily 
and weekly number of hours worked, deductions made and actual wages 
paid. Whenever the Secretary of Labor has found, under 29 CFR 
5.5(a)(1)(iv) (see paragraph (4) of paragraph A above), that the wages 
of any laborer or mechanic include the amount of any costs reasonably 
anticipated in providing benefits under a plan or program described in 
section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain 
records which show that the commitment to provide such benefits is 
enforceable, that the plan or program is financially responsible, and 
that the plan or program has been communicated in writing to the 
laborers or mechanics affected, and records which show the costs 
anticipated or the actual costs incurred in providing such benefits (29 
CFR 5.5(a)(3)(i)).
    (2) The contractor will submit weekly a copy of all payrolls to the 
[insert sponsor's name] for availability to the FAA. The copy shall be 
accompanied by a statement signed by the employer or his agent 
indicating that the payrolls are correct and complete, that the wage 
rates contained therein are not less than those determined by the 
Secretary of Labor and that the classifications set forth for each 
laborer or mechanic conform with the work he performed. A submission of 
a ``Weekly Statement of Compliance'' which is required under this 
contract and the Copeland regulations of the Secretary of Labor (29 CFR 
part 3) and the filing with the initial payroll or any subsequent 
payroll of a copy of any findings by the Secretary of Labor under 29 CFR 
5.5(a)(1)(iv) (see paragraph (4) of paragraph A above), shall satisfy 
this requirement. The prime contractor shall be responsible for 
submission of copies of payrolls of all subcontractors. The contractor 
will make the records required under the labor standards clauses of the 
contract available for inspection by authorized representatives of the 
FAA and the Department of Labor, and will permit such representatives to 
interview employees during working hours on the job. Contractors 
employing apprentices or trainees under approved programs shall include 
a notation on the first weekly certified payrolls submitted to the 
[insert sponsor's name] for availability to

[[Page 163]]

the FAA, that their employment is pursuant to an approved program and 
shall identify the program (29 CFR 5.5(a)(3)(ii)).
    D. Apprentices and trainees. (1) Apprentices. Apprentices will be 
permitted to work at less than the predetermined rate for the work they 
performed when they are employed and individually registered in a bona 
fide apprenticeship program registered with the U.S. Department of 
Labor, Employment and Training Administration, Bureau of Apprenticeship 
and Training, or with a State Apprenticeship Agency recognized by the 
Bureau, or if a person is employed in his first 90 days of probationary 
employment as an apprentice in such an apprenticeship program, who is 
not individually registered in the program, but who has been certified 
by the Bureau of Apprenticeship and Training or a State Apprenticeship 
Agency (where appropriate) to be eligible for probationary employment as 
an apprentice. The allowable ratio of apprentices to journeymen in any 
craft classification shall not be greater than the ratio permitted to 
the contractor as to his entire work force under the registered program. 
Any employee listed on a payroll at an apprentice wage rate, who is not 
a trainee as defined in paragraph (2) of this paragraph or is not 
registered or otherwise employed as stated above, shall be paid the wage 
rate determined by the Secretary of Labor for the classification of work 
he actually performed. The contractor or subcontractor will be required 
to furnish to the [insert sponsor's name] or a representative of the 
Wage-Hour Division of the U.S. Department of Labor written evidence of 
the registration of his program and apprentices as well as the 
appropriate ratios and wage rates (expressed in percentages of the 
journeyman hourly rates), for the area of construction prior to using 
any apprentices on the contract work. The wage rate paid apprentices 
shall be not less than the appropriate percentage of the journeyman's 
rate contained in the applicable wage determination (29 CFR 
5.5(a)(4)(i)).
    (2) Trainees. Except as provided in 29 CFR 5.15 trainees will not be 
permitted to work at less than the predetermined rate for the work 
performed unless they are employed pursuant to and individually 
registered in a program which has received prior approval, evidenced by 
formal certification by the U.S. Department of Labor, Employment and 
Training Administration. Bureau of Apprenticeship and Training. The 
ratio of trainees to journeymen shall not be greater than permitted 
under the plan approved by the Bureau of Apprenticeship and Training. 
Every trainee must be paid at not less than the rate specified in the 
approved program for his level of progress. Any employee listed on the 
payroll at a trainee rate who is not registered and participating in a 
training plan approved by the Bureau of Apprenticeship and Training 
shall be paid not less than the wage rate determined by the Secretary of 
Labor for the classification of work he actually performed. The 
contractor or subcontractor will be required to furnish the [insert 
sponsor's name] or a representative of the Wage-Hour Division of the 
U.S. Department of Labor written evidence of the certification of his 
program, the registration of the trainees, and the ratios and wage rates 
prescribed in that program. In the event the Bureau of Apprenticeship 
and Training withdraws approval of a training program, the contractor 
will no longer be permitted to utilize trainees at less than the 
applicable predetermined rate for the work performed until an acceptable 
program is approved (29 CFR 5.5(a)(4)(ii)).
    (3) Equal employment opportunity. The utilization of apprentices, 
trainees and journeymen under this paragraph shall be in conformity with 
the equal employment opportunity requirements of Executive Order 11246, 
as amended, and 29 CFR part 30 (29 CFR 5.5(a)(4)(iii)).
    (4) Application of 29 CFR 5.5(a)(4). On contracts in excess of 
$2,000 the employment of all apprentices and trainees as defined in 29 
CFR 5.2(c) shall be subject to the provisions of 29 CFR 5.5(a)(4) (see 
paragraph D(1), (2), and (3) above).
    E. Compliance with Copeland Regulations. The contractor shall comply 
with the Copeland Regulations (29 CFR part 3) of the Secretary of Labor 
which are herein incorporated by reference (29 CFR 5.5(a)(5)).
    F. Overtime requirements. No contractor or subcontractor contracting 
for any part of the contract work which may require or involve the 
employment of laborers or mechanics shall require or permit any laborer 
or mechanic in any workweek in which he is employed on such work to work 
in excess of 8 hours in any calendar day or in excess of 40 hours in 
such workweek unless such laborer or mechanic received compensation at a 
rate not less than 1\1/2\ times his basic rate of pay for all hours 
worked in excess of 8 hours in any calendar day or in excess of 40 hours 
in such workweek, as the case may be (29 CFR 5.5(c)(1)).
    G. Violations; liability for unpaid wages; liquidated damages. In 
the event of any violation of paragraph F of this provision, the 
contractor and any subcontractor responsible therefor shall be liable to 
any affected employee for his unpaid wages. In addition, such contractor 
and subcontractor shall be liable to the United States for liquidated 
damages. Such liquidated damages shall be computed, with respect to each 
individual laborer or mechanic employed in violation of said paragraph F 
of this provision, in the sum of $10 for each calendar day on which such 
employee was required or permitted to work in excess of 8 hours or in 
excess of the

[[Page 164]]

standard workweek of 40 hours without payment of the overtime wages 
required by said paragraph F of this provision (29 CFR 5.5(c)(2)).
    H. Withholding for unpaid wages and liquidated damages. The FAA may 
withhold or cause to be withheld, from any monies payable on account of 
work performed by the contractor or subcontractor, such sums as may 
administratively be determined to be necessary to satisfy any 
liabilities of such contractor or subcontractor for unpaid wages and 
liquidated damages as provided in paragraph G of this provision (29 CFR 
5.5(c)(3)).
    I. Working conditions. No contractor may require any laborer or 
mechanic employed in the performance of any contract to work in 
surroundings or under working conditions that are unsanitary, hazardous, 
or dangerous to his health or safety as determined under construction 
safety and health standards (29 CFR part 1926) and other occupational 
and health standards (29 CFR part 1910) issued by the Department of 
Labor.
    J. Subcontracts. The contractor will insert in each of his 
subcontracts the clauses contained in paragraphs A through K of this 
provision, and also a clause requiring the subcontractors to include 
these provisions in any lower tier subcontracts which they may enter 
into, together with a clause requiring this insertion in any further 
subcontracts that may in turn be made (29 CFR 5.5(a)(6), 5.5(c)(4)).
    K. Contract termination debarment. A breach of clause A, B, C, D, E, 
or J may be grounds for termination of the contract, and for debarment 
as provided in Sec. 5.6 of the Regulations of the Secretary of Labor as 
codified in 29 CFR 5.6 (29 CFR 5.5(a)(7)).
    L. Additional contract provisions. (1) Airport Development Aid 
Program Project. The work in this contract is included in Airport 
Development Aid Program Project No. __, which is being undertaken and 
accomplished by the [insert sponsor's name] in accordance with the terms 
and conditions of a grant agreement between the [insert sponsor's name] 
and the United States, under the Airport and Airway Development Act of 
1970 (84 Stat. 219) and part 152 of the Federal Aviation Regulations (14 
CFR part 152), pursuant to which the United States has agreed to pay a 
certain percentage of the costs of the project that are determined to be 
allowable project costs under that Act. The United States is not a party 
to this contract and no reference in this contract to the FAA or any 
representative thereof, or to any rights granted to the FAA or any 
representative thereof, or the United States, by the contract, makes the 
United States a party to this contract.
    (2) Consent to assignment. The contractor shall obtain the prior 
written consent of the [insert sponsor's name] to any proposed 
assignment of any interest in or part of this contract.
    (3) Convict labor. No convict labor may be employed under this 
contract.
    (4) Veterans preference. In the employment of labor (except in 
executive, administrative, and supervisory positions), preference shall 
be given to qualified individuals who have served in the military 
service of the United States (as defined in section 101(1) of the 
Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 501) and 
have been honorably discharged from the service, except that preference 
may be given only where that labor is available locally and is qualified 
to perform the work to which the employment relates.
    (5) Withholding: sponsor from contractor. Whether or not payments or 
advances to the [insert sponsor's name] are withheld or suspended by the 
FAA, the [insert sponsor's name] may withhold or cause to be withheld 
from the contractor so much of the accrued payments or advances as may 
be considered necessary to pay laborers and mechanics employed by the 
contractor or any subcontractor on the work the full amount of wages 
required by this contract.
    (6) Nonpayment of wages. If the contractor or subcontractor fails to 
pay any laborer or mechanic employed or working on the site of the work 
any of the wages required by this contract the [insert sponsor's name] 
may, after written notice to the contractor, take such action as may be 
necessary to cause the suspension of any further payment or advance of 
funds until the violations cease.
    (7) FAA inspection and review. The contractor shall allow any 
authorized representative of the FAA to inspect and review any work or 
materials used in the performance of this contract.
    (8) Subcontracts. The contractor shall insert in each of his 
subcontracts the provisions contained in paragraphs [insert designation 
of 6 paragraphs of contract corresponding to paragraphs (1), (3), (4), 
(5), (6), and (7) of this paragraph], and also a clause requiring the 
subcontractors to include these provisions in any lower tier 
subcontracts which they may enter into, together with a clause requiring 
this insertion in any further subcontracts that may in turn be made.
    (9) Contract termination. A breach of paragraphs [insert designation 
of 3 paragraphs corresponding to paragraphs (6), (7), and (8) of this 
paragraph] may be grounds for termination of the contract.

                  II. Adjustment in Liquidated Damages

    A contractor or subcontractor who has become liable for liquidated 
damages under the provision set out in paragraph I.G of this appendix 
and who claims that the amount administratively determined as liquidated 
damages under section 104(a) of the Contract Work Hours and Safety 
Standards Act is incorrect or that he violated inadvertently the

[[Page 165]]

Contract Work Hours and Safety Standards Act, notwithstanding the 
exercise of due care, may--
    (1) If the amount determined is more than $100, apply to the 
Administrator for a recommendation to the Secretary of Labor that an 
appropriate adjustment be made or that he be relieved of liability for 
the liquidated damages; or
    (2) If the amount determined is $100 or less, apply to the 
Administrator for an appropriate adjustment in liquidated damages or for 
release from liability for the liquidated damages.

                   III. Corrected Wage Determinations

    The Secretary of Labor corrects any wage determination included in 
any contract under this appendix whenever the wage determination 
contains clerical errors. A correction may be made at the 
Administrator's request or on the initiative of the Secretary of Labor.

     IV. Applicability of Interpretations of the Secretary of Labor

    When applicable by their terms, the regulations of the Secretary of 
Labor (29 CFR 5.20-5.32) interpreting the ``fringe benefit provisions'' 
of the Davis-Bacon Act apply to the contract provisions in this 
appendix.

                               V. Records

    A sponsor who is required to include in a construction contract the 
labor provisions required by this appendix shall require the contractor 
to comply with those provisions and shall cooperate with the FAA in 
effecting that compliance. For this purpose the sponsor shall--
    (1) Keep, and preserve, the record described in paragraph IC for a 
3-year period beginning on the date the contract is completed, each 
affidavit and payroll copy furnished by the contractor, and make those 
affidavits and copies available to the FAA, upon request, during that 
period;
    (2) Have each of those affidavits and payrolls examined by its 
resident engineer (or any other of its employees or agents who is 
qualified to make the necessary determinations), as soon as possible 
after receiving it, to the extent necessary to determine whether the 
contractor is complying with the labor provisions required by this 
appendix and particularly with respect to whether the contractor's 
employees are correctly classified;
    (3) Have investigations made during the performance of work under 
the contract, to the extent necessary to determine whether the 
contractor is complying with those labor provisions, including in the 
investigations, interviews with employees and examinations of payroll 
information at the work site by the sponsor's resident engineer (or any 
other of its employees or agents who is qualified to make the necessary 
determinations);
    (4) Keep the appropriate FAA office fully advised of all 
examinations and investigations made under this appendix, all 
determinations made on the basis of those examinations and 
investigations, and all efforts made to obtain compliance with the labor 
provisions of the contract; and
    (5) Give priority to complaints of alleged violations, and treat as 
confidential any written or oral statements made by any employee in 
connection with a complaint, and not disclose an employee's statement 
made in connection with a complaint to a contractor without the 
employee's consent.

[Doc. No. 19430, 45 FR 34793, May 22, 1980]

   Appendix B to Part 152--List of Advisory Circulars Incorporated by 
                               Sec. 152.11

    (a) Circulars available free of charge.

                           Number and Subject

150/5100-12--Electronic Navigational Aids Approved for Funding Under the 
Airport Development Aid Program (ADAP).
150/5190-3A--Model Airport Hazard Zoning Ordinance.
150/5210-7A--Aircraft Fire and Rescue Communications.
150/5210-10--Airport Fire and Rescue Equipment Building Guide.
150/5300-2C--Airport Design Standards--Site Requirements for Terminal 
Navigational Facilities.
150/5300-4B--Utility Airports--Air Access to National Transportation.
150/5300-6--Airport Design Standards--General Aviation Airports--Basic 
and General Transport.
150/5300-8--Planning and Design Criteria for Metropolitan STOL Ports.
150/5320-6B--Airport Pavement Design and Evaluation.
150/5320-10--Environmental Enhancement at Airports--Industrial Waste 
Treatment.
150/5320-12--Methods for the Design, Construction, and Maintenance of 
Skid Resistant Airport Pavement Surfaces.
150/5325-2C--Airport Design Standards--Airports Served by Air Carriers--
Surface Gradient and Line-of-Sight.
150/5325-4--Runway Length Requirements for Airport Design.
150/5325-6A--Airport Design Standards--Effect and Treatment of Jet 
Blast.
150/5325-8--Compass Calibration Pad.
150/5335-1A--Airport Design Standards--Airports Served by Air Carriers--
Taxiways.
150/5335-2--Airport Aprons.
150/5335-3--Airport Design Standards--Airports Served by Air Carriers--
Bridges and Tunnels on Airports.

[[Page 166]]

150/5335-4--Airport Design Standards--Airports Served by Air Carriers--
Runway Geometrics.
150/5340-1D--Marking of Paved Areas on Airports.
150/5340-4C--Installation Details for Runway Centerline and Touchdown 
Zone Lighting Systems.
150/5340-5A--Segmented Circle Airport Marker System.
150/5340-8--Airport 51-foot Tubular Beacon Tower.
150/5340-14B--Economy Approach Lighting Aids.
150/5340-17A--Standby Power for Non-FAA Airport Lighting System.
150/5340-18--Taxiway Guidance Sign System.
150/5340-19--Taxiway Centerline Lighting System.
150/5340-20--Installation Details and Maintenance Standards for 
Reflective Markers for Airport Runway and Taxiway Centerlines.
150/5340-21--Airport Miscellaneous Lighting Visual Aids.
AC/5340-22--Maintenance Guide for Determining Degradation and Cleaning 
of Centerline and Touchdown Zone Lights.
150/5340-23A--Supplemental Wind Cones.
150/5340-24--Runway and Taxiway Edge Lighting System.
150/5340-25--Visual Approach Slope Indicator (VASI) Systems.
150/5345-1E--Approved Airport Lighting Equipment.
150/5345-2--Specification for L-810 Obstruction Light.
150/5345-3C--Specification for L-821 Panels for Remote Control of 
Airport Lighting.
150/5345-4--Specification for L-829 Internally Lighted Airport Taxi 
Guidance Sign.
150/5345-5--Specification for L-847 Circuit Selector Switch, 5,000 Volt 
20 Ampere.
150/5345-7C--Specification for L-824 Underground Electrical Cable for 
Airport Lighting Circuits.
150/5345-10C--Specification for L-828 Constant Current Regulators.
150/5345-11--Specification for L-812 Static Indoor Type Constant Current 
Regulator Assembly; 4 KW and 7\1/2\ KW, With Brightness Control for 
Remote Operation.
150/5345-12A--Specification for L-801 Beacon.
150/5345-13--Specification for L-841 Auxiliary Relay Cabinet Assembly 
for Pilot Control of Airport Lighting Circuits.
150/5345-18--Specification for L-811 Static Indoor Type Constant Current 
Regulator Assembly, 4 KW; With Brightness Control and Runway Selection 
for Direct Operation.
150/5345-21--Specification for L-813 Static Indoor Type Constant Current 
Regulator Assembly; 4 KW and 7\1/2\ KW; for Remote Operation of Taxiway 
Lights.
150/5345-26A--Specification for L-823 Plug and Receptacle. Cable 
Connectors.
150/5345-27A--Specification for L-807 Eight-foot and Twelve-foot 
Unlighted or Externally Lighted Wind Cone Assemblies.
150/5345-28C--Specification for L-851 Visual Approach Slope Indicators 
and Accessories.
150/5345-36--Specification for L-808 Lighted Wind Tee.
150/5345-39A--FAA Specification for L-853, Runway and Taxiway 
Retroreflective Markers.
150/5345-42A--FAA Specification L-857, Airport Light Bases, Transformer 
Housings, and Junction Boxes.
150/5345-43B--FAA/DOD Specification L-856, High Intensity Obstruction 
Lighting Systems.
150/5345-44A--Specification for L-858 Retroreflective Taxiway Guidance 
Sign.
150/5345-45--Lightweight Approach Light Structure.
150/5345-46--Specification for Semiflush Airport Lights.
150/5345-47--Isolation Transformers for Airport Lighting Systems.
150/5345-48--Specification for Runway and Taxiway Edge Lights.
150/5360-6--Airport Terminal Building Development with Federal 
Participation.
150/5360-7--Planning and Design Considerations for Airport Terminal 
Building Development.
150/5370-7--Airport Construction Controls to Prevent Air and Water 
Pollution.
150/5370-9--Slip-Form Paving--Portland Cement Concrete.
150/5370-11--Use of Nondestructive Testing Devices in the Evaluation of 
Airport Pavements.

    (b) Circulars for sale.

                           Number and Subject

150/5320-5B--Airport Drainage; $1.30.
150/5370-10--Standards for Specifying Construction of Airports; $7.25.
150/5390-1A--Heliport Design Guide; $1.50.

[Doc. No. 19430, 45 FR 34795, May 22, 1980]

     Appendix C to Part 152--Procurement Procedures and Requirements

    There is set forth below procurement procedures and requirements 
applicable to grants for airport development under the Airport and 
Airway Development Act of 1970.
    1. General. Each contract under a project must meet the requirements 
of local law and the requirements and standards contained in this 
appendix. The sponsor shall establish procedures for procurement of 
supplies, equipment, construction, and services funded under the project 
which meet the requirements of Attachment O of Office of Management and 
Budget (OMB) Circular A-102 (44 FR 47874) and of this appendix. Subject 
to funding and time limitations, the FAA reviews the sponsor's 
procurement system to

[[Page 167]]

determine whether it may be certified in accordance with Attachment O of 
OMB Circular A-102.
    2. Out-of-state labor. No procedure or requirement shall be imposed 
by any grantee which will operate to discriminate against the employment 
of labor from any other State, possession, or territory of the United 
States in the construction of a project.
    3. Bid guarantee. All bids for construction or facility improvement 
in excess of $100,000 shall be accompanied by a bid guarantee consisting 
of a firm commitment such as a bid bond, certified check or other 
negotiable instrument equivalent to five percent of the bid price as 
assurance that the bidder will, upon acceptance of his bid, execute such 
contractual documents as may be required within the time specified.
    4. Construction work. All construction work under a project must be 
performed under contract, except in a case where the Administrator 
determines that the project, or a part of it, can be more effectively 
and economically accomplished on a force account basis by the sponsor or 
by another public agency acting for or as agent of the sponsor.
    5. Change order. Unless otherwise authorized by the Administrator, 
no sponsor may issue any change order under any of its construction 
contracts or enter into a supplemental agreement unless three copies of 
that order or agreement have been sent to, and approved by, the FAA.
    6. Beginning work. No sponsor may allow a contractor or 
subcontractor to begin work under a project until--
    a. The sponsor has furnished three conformed copies of the contract 
to the appropriate FAA office;
    b. The sponsor has, if applicable, submitted a statement that 
comparable replacement housing, as defined in Sec. 25.15 of the 
Regulations of the Office of the Secretary of Transportation, will be 
available within a reasonable period of time before displacement.
    c. The appropriate FAA office has agreed to the issuance of a notice 
to proceed with the work to the contractor.
    7. Supervision and inspection. No work will be commenced until the 
sponsor has provided for adequate supervision and inspection of 
construction and advised the appropriate FAA office.
    8. Engineering and planning services. Unless otherwise authorized by 
the Administrator, each proposal for engineering and planning services 
shall be reviewed by FAA before the commencement of the development of 
design plans and specifications.
    9. Advertising general. Unless the Administrator approves another 
method for use on a particular airport development project, each 
contract and supplemental agreement for construction work on a project 
in the amount of more than $10,000 must be awarded on the basis of 
public advertising and open competitive bidding under the local law 
applicable to the letting of public contracts.
    10. Advertising: conditions and contents. There may be no 
advertisement for bids on, or negotiation of, a construction contract or 
supplemental agreement until the Administrator has either approved the 
plans and specifications or accepted a certification in accordance with 
Sec. 152.7 that they meet all applicable standards prescribed by this 
part. The advertisement shall inform the bidders of the equal employment 
opportunity requirements of part 152. Unless the estimated contract 
price or construction cost in $2,000 or less, there may be no 
advertisement for bids or negotiations until the Administrator has given 
the sponsor a copy of a decision of the Secretary of Labor establishing 
the minimum wage rates for skilled and unskilled labor under the 
proposed contract. In each case, a copy of the wage determination 
decision, including fringe benefits, must be set forth in the initial 
invitation for bids or proposed contract, or incorporated therein by 
reference to a copy set forth in the advertised or negotiated 
specifications.
    11. Procedures for obtaining wage determinations. (a) Specific 
request for wage determination. At least 60 days before the intended 
date of advertising or negotiating of this section, the sponsor shall 
send to the appropriate FAA office, completed Department of Labor Form 
DB-11 or DB-11(a), as appropriate, with only the classifications needed 
in the performance of the work checked. General entries (such as 
``entire schedule'' or ``all applicable classifications'') may not be 
used. Additional necessary classifications not on the form may be typed 
in the blank spaces or on an attached separate list. A classification 
that can be fitted into classifications on the form, or a classification 
that is not generally recognized in the area or in the industry, may not 
be used. Except in areas where the wage patterns are clearly 
established, the Form must be accompanied by any available pertinent 
wage payment or locally prevailing fringe benefit information.
    (b) General wage determination. Whenever the wage patterns in a 
particular area for a particular type of construction are well settled 
and whenever it may be reasonably anticipated that there will be a large 
volume of procurement in that area for that type of construction, the 
Secretary of Labor, upon the request of a Federal agency or in his 
discretion, may issue a general wage determination when, after 
consideration of the facts and circumstances involved, he finds that the 
applicable statutory standards and those of part 1, 29 CFR, subtitle A, 
will be met. This general wage determination is used for all projects 
located in the area and for the type of construction covered by the 
general wage determination.
    12. Advertising: wage determinations. (a) Wage determinations are 
effective only for

[[Page 168]]

120 days from the date of the determinations. If it appears that a 
determination may expire between bid opening and award, the sponsor 
shall so advise the FAA as soon as possible. If it wishes a new request 
for wage determination to be made and if any pertinent circumstances 
have changed, it shall submit the appropriate form of the Department of 
Labor and accompanying information. If it claims that the determination 
expires before award and after bid opening due to unavoidable 
circumstances, it shall submit proof of the facts which it claims 
support a finding to that effect.
    (b) The Secretary of Labor may modify any wage determination before 
the award of the contract or contracts for which it was sought. If the 
proposed contract is awarded on the basis of public advertisement and 
open competitive bidding, any modification that the FAA receives less 
than 10 days before the opening of bids is not effective, unless the 
Administrator finds that there is reasonable time to notify bidders. A 
modification may not continue in effect beyond the effective period of 
the wage determination to which it relates. The Administrator sends any 
modification to the sponsor as soon as possible. If the modification is 
effective, it must be incorporated in the invitation for bids, by 
issuing an addendum to the specifications or otherwise.
    13. Awarding contracts. (a) A sponsor may not award a construction 
contract without the written concurrence of the Administrator (through 
the appropriate FAA office) that the contract prices are reasonable. A 
sponsor that awards contracts on the basis of public advertising and 
open competitive bidding, shall, after the bids are opened, send a 
tabulation of the bids and its recommendations for award to the 
appropriate FAA office. The sponsor may not accept a bid by a contractor 
whose name appears on the current list of ineligible contractors 
published by the Comptroller General of the United States under 
Sec. 5.6(b) of the regulations of the Secretary of Labor (29 CFR part 
5), or a bid by any firm, corporation, partnership, or association in 
which an ineligible contractor has a substantial interest.
    (b) A sponsor's proposed contract must have pre-award review and 
approval by the FAA in any of the following circumstances:
    (1) The sponsor's procurement system is not in compliance with one 
or more significant aspects of Attachment O of OMB Circular A-102 or 
with the standards of this appendix.
    (2) The procurement is expected to exceed $10,000 and is to be 
awarded without competition or only one bid or offer is received in 
response to solicitation.
    (3) The procurement is expected to exceed $10,000 and specifies a 
``brand name'' product.
    (c) The FAA may require pre-award review and approval of a sponsor's 
proposed contract under any of the following circumstances:
    (1) The sponsor's procurement system has not yet been reviewed by 
the FAA for compliance with OMB Circular A-102 and this appendix.
    (2) The sponsor has requested pre-award assistance.
    (3) The proposal is for automatic data processing in accordance with 
paragraph C1 of Attachment B to Federal Management Circular 74-4 (39 FR 
27133; 43 FR 50977).
    (4) The proposal is one of a series with the same firm.
    (5) The proposal is to be performed outside the recipient's 
established procurement system or office.
    (6) The proposal is for construction and is to be awarded through 
the negotiation procurement method or without competition.
    14. Force account work. Before undertaking any force account 
construction work, the sponsor (or any public agency acting as agent for 
the sponsor) must obtain the written consent of the Administrator 
through the appropriate FAA office. In requesting that consent, the 
sponsor must submit--
    (a) Adequate plans and specifications showing the nature and extent 
of the construction work to be performed under that force account;
    (b) A schedule of the proposed construction and of the construction 
equipment that will be available for the project;
    (c) Assurance that adequate labor, material, equipment, engineering 
personnel, as well as supervisory and inspection personnel as required 
by this appendix, will be provided; and
    (d) A detailed estimate of the cost of the work, broken down for 
each class of costs involved, such as labor, materials, rental of 
equipment, and other pertinent items of cost.
    15. Each sponsor shall--
    (a) Include the equal opportunity clause required by 41 CFR 60-
1.4(b) in each nonexempt construction contract and subcontract;
    (b) Prior to the award of each nonexempt contract, require each 
prime contractor and subcontractor to submit the certification required 
by 41 CFR 60-1.8(b);
    (c) Include the Notice of Requirement for Affirmative Action to 
Ensure Equal Employment Opportunity (Executive Order 11246) required by 
41 CFR 60-4.2 in all solicitations for offers and bids on each nonexempt 
construction contract and subcontract;
    (d) Include the Standard Federal Equal Employment Opportunity 
Construction Contract Specifications (Executive Order 11246) required by 
41 CFR 60-4.3(a) in each nonexempt construction contract and 
subcontract.
    16. Exceptions. (a) Paragraphs 1 through 5 and paragraphs 9 through 
13 of this section do not apply to contracts with the owners of

[[Page 169]]

airport hazards, buildings, pipelines, powerlines, or other structures 
or facilities, for installing, extending, changing, removing, or 
relocating any of those structures or facilities. However, the sponsor 
must obtain the approval of the appropriate FAA office before entering 
into such a contract.
    (b) Any oral or written agreement or understanding between a sponsor 
and another public agency that is not a sponsor of the project, under 
which that public agency undertakes construction work for or as agent of 
the sponsor, is not considered to be a construction contract for the 
purposes of this appendix.

[Doc. No. 19430, 45 FR 34796, May 22, 1980]

                   Appendix D to Part 152--Assurances

    There is set forth below the assurances that the sponsor or planning 
agency must submit with its application in accordance with Secs. 152.111 
or 152.113, as applicable.

                          I. General Assurance

    Each applicant for an airport development grant or an airport 
planning grant shall submit the following assurance:
    The applicant hereby assures and certifies that it will comply with 
the regulations, policies, guidelines, and requirements, including 
Office of Management and Budget Circulars No. A-95 (41 FR 2052), A-102 
(42 FR 45828), and FMC 74-4 (39 FR 27133; as amended by 43 FR 50977), as 
they relate to the application, acceptance, and use of Federal funds for 
this federally-assisted project.

                         II. Airport Development

    A. Assurances. Each applicant for an airport development grant shall 
submit the following assurances:
    1. Authority of applicant. It possesses legal authority to apply for 
the grant, and to finance and construct the proposed facilities; that a 
resolution, motion or similar action has been duly adopted or passed as 
an official act of the applicant's governing body, authorizing the 
filing of the application, including all understandings and assurances 
contained therein, and directing and authorizing the person identified 
as the official representative of the applicant to act in connection 
with the application and to provide such additional information as may 
be required.
    2. E.O. 11296 and E.O. 11288. It will comply with the provisions of: 
Executive Order 11296, relating to evaluation of flood hazards, and 
Executive Order 11288, relating to the prevention, control, and 
abatement of water pollution.
    3. Sufficiency of funds. It will have sufficient funds available to 
meet the non-Federal share of the cost for construction projects. 
Sufficient funds will be available when construction is completed to 
assure effective operation and maintenance of the facility for the 
purposes constructed.
    4. Construction. It will obtain approval by the appropriate Federal 
agency of the final working drawings and specifications before the 
project is advertised or placed on the market for bidding; that it will 
construct the project, or cause it to be constructed, to final 
completion in accordance with the application and approved plans and 
specification; that it will submit to the appropriate Federal agency for 
prior approval changes that alter the costs of the project, use of 
space, or functional layout; that it will not enter into a construction 
contract(s) for the project or undertake other activities until the 
conditions of the construction grant program(s) have been met.
    5. Supervision, inspection, and reporting. It will provide and 
maintain competent and adequate architectural engineering supervision 
and inspection at the construction site to insure that the completed 
work conforms with the approved plans and specifications; that it will 
furnish progress reports and such other information as the Federal 
grantor agency may require.
    6. Operation of facility. It will operate and maintain the facility 
in accordance with the minimum standards as may be required or 
prescribed by the applicable Federal, State and local agencies for the 
maintenance and operation of such facilities.
    7. Access to records. It will give the grantor agency and the 
Comptroller General through any authorized representative access to and 
the right to examine all records, books, papers, or documents related to 
the grant.
    8. Access for handicapped. It will require the facility to be 
designed to comply with part 27, Nondiscrimination on the Basis of 
Handicap in Federallly Assisted Programs and Activities Receiving or 
Benefiting from Federal Financial Assistance, of the Regulations of the 
Office of the Secretary of Transportation (49 CFR part 27). The 
applicant will be responsible for conducting inspections to insure 
compliance with these specifications by the contractor.
    9. Commencement and completion. It will cause work on the project to 
be commenced within a reasonable time after receipt of notification from 
the approving Federal agency that funds have been approved and that the 
project will be prosecuted to completion with reasonable diligence.
    10. Disposition of interest. It will not dispose of or encumber its 
title or other interests in the site and facilities during the period of 
Federal interest or while the Government holds bonds, whichever is the 
longer.
    11. Civil Rights. It will comply with Title VI of the Civil Rights 
Act of 1964 (Pub. L. 88-352) and in accordance with Title VI of that 
Act, no person in the United States shall, on the ground of race, color, 
or national origin, be excluded from participation in, be denied the

[[Page 170]]

benefits of, or be otherwise subjected to discrimination under any 
program or activity for which the applicant receives Federal financial 
assistance and will immediately take any measures necessary to 
effectuate this agreement. If any real property or structure thereon is 
provided or improved with the aid of Federal financial assistance 
extended to the Applicant, this assurance shall obligate the Applicant, 
or in the case of any transfer of such property, any transferee, for the 
period during which the real property or structure is used for a purpose 
for which the Federal financial assistance is extended or for another 
purpose involving the provision of similar services or benefits.
    12. Private gain. It will establish safeguards to prohibit employees 
from using their positions for a purpose that is or gives the appearance 
of being motivated by a desire for private gain for themselves or 
others, particularly those with whom they have family, business, or 
other ties.
    13. Relocation assistance. It will comply with the requirements of 
Title II and Title III of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (Pub. L. 91-646) which 
provides for fair and equitable treatment of persons displaced as a 
result of Federal and federally assisted programs.
    14. OMB Circular A-102. It will comply with all requirements imposed 
by the Federal grantor agency concerning special requirements of law, 
program requirements, and other administrative requirements approved in 
accordance with Office of Management and Budget Circular No. A-102.
    15. Hatch Act. It will comply with the provisions of the Hatch Act 
which limit the political activity of employees.
    16. Federal Fair Labor Standards Act. It will comply with the 
minimum wage and maximum hours provisions of the Federal Fair Labor 
Standards Act, as they apply to hospital and eduational institution 
employees of State and local governments.
    17. Effective date and duration. These covenants shall become 
effective upon acceptance by the sponsor of an offer of Federal aid for 
the Project or any portion thereof, made by the FAA and shall constitute 
a part of the Grant Agreement thus formed. These covenants shall remain 
in full force and effect throughout the useful life of the facilities 
developed under this Project, but in any event not to exceed twenty (20) 
years from the date of said acceptance of an offer of Federal aid for 
the Project. However, these limitations on the duration of the covenants 
do not apply to the covenant against exclusive rights and real property 
acquired with Federal funds. Any breach of these covenants on the part 
of the sponsor may result in the suspension or termination of, or 
refusal to grant Federal assistance under, FAA administered programs, or 
such other action which may be necessary to enforce the rights of the 
United States under this agreement.
    18. Conditions and limitations on airport use. The Sponsor will 
operate the Airport as such for the use and benefit of the public. In 
furtherance of this covenant (but without limiting its general 
applicability and effect), the Sponsor specifically agrees that it will 
keep the Airport open to all types, kinds, and classes of aeronautical 
use on fair and reasonable terms without discrimination between such 
types, kinds, and classes. Provided, that the sponsor may establish such 
fair, equal, and not unjustly discriminatory conditions to be met by all 
users of the airport as may be necessary for the safe and efficient 
operation of the Airport; and Provided further, That the Sponsor may 
prohibit or limit any given type, kind, or class of aeronautical use of 
the Airport if such action is necessary for the safe operation of the 
Airport or necessary to serve the civil aviation needs of the public.
    19. Exclusive right. The Sponsor--
    a. Will not grant or permit any exclusive right forbidden by Section 
308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at the 
Airport, or at any other airport now owned or controlled by it;
    b. Agrees that, in furtherance of the policy of the FAA under this 
covenant, unless authorized by the Administrator, it will not, either 
directly or indirectly, grant or permit any person, firm or corporation 
the exclusive right at the Airport, or at any other airport now owned or 
controlled by it, to conduct any aeronautical activities, including, but 
not limited to charter flights, pilot training, aircraft rental and 
sightseeing, aerial photography, crop dusting, aerial advertising and 
surveying, air carrier operations, aircraft sales and services, sale of 
aviation petroleum products whether or not conducted in conjunction with 
other aeronautical activity, repair and maintenance of aircraft, sale of 
aircraft parts, and any other activities which because of their direct 
relationship to the operation of aircraft can be regarded as an 
aeronautical activity.
    c. Agrees that it will terminate any existing exclusive right to 
engage in the sale of gasoline or oil, or both, granted before July 17, 
1962, at such an airport, at the earliest renewal, cancellation, or 
expiration date applicable to the agreement that established the 
exclusive right; and
    d. Agrees that it will terminate any other exclusive right to 
conduct an aeronautical activity now existing at such an airport before 
the grant of any assistance under the Airport and Airway Development 
Act.
    20. Public use and benefit. The Sponsor agrees that it will operate 
the Airport for the use and benefit of the public, on fair and 
reasonable terms, and without unjust discrimination. In furtherance of 
the covenant

[[Page 171]]

(but without limiting its general applicability and effect), the Sponsor 
specifically covenants and agrees:
    a. That in its operation and the operation of all facilities on the 
Airport, neither it nor any person or organization occupying space or 
facilities thereon will discriminate against any person or class of 
persons by reason of race, color, creed, or national origin in the use 
of any of the facilities provided for the public on the Airport.
    b. That in any agreement, contract, lease or other arrangement under 
which a right or privilege at the Airport is granted to any person, 
firm, or corporation to conduct or engage in any aeronautical activity 
for furnishing services to the public at the Airport, the Sponsor will 
insert and enforce provisions requiring the contractor--
    (1) To furnish said service on a fair, equal, and not unjustly 
discriminatory basis to all users thereof, and
    (2) To charge fair, reasonable, and not unjustly discriminatory 
prices for each unit or service; Provided, That the contractor may be 
allowed to make reasonable and nondiscriminatory discounts, rebates, or 
other similar types of price reductions to volume purchasers.
    c. That it will not exercise or grant any right or privilege which 
would operate to prevent any person, firm or corporation operating 
aircraft on the Airport from performing any services on its own aircraft 
with its own employees (including, but not limited to maintenance and 
repair) that it may choose to perform.
    d. In the event the Sponsor itself exercises any of the rights and 
privileges referred to in subsection b, the services involved will be 
provided on the same conditions as would apply to the furnishing of such 
services by contractors or concessionaires of the Sponsor under the 
provisions of such subsection b.
    21. Nonaviation activities. Nothing contained herein shall be 
construed to prohibit the granting or exercise of an exclusive right for 
the furnishing of nonaviation products and supplies or any service of a 
nonaeronautical nature or to obligate the Sponsor to furnish any 
particular nonaeronautical service at the Airport.
    22. Operation and maintenance of the airport. The Sponsor will 
operate and maintain in a safe and serviceable condition the Airport and 
all facilities thereon and connected therewith which are necessary to 
serve the aeronautical users of the Airport other than facilities owned 
or controlled by the United States, and will not permit any activity 
thereon which would interfere with its use for airport purposes; 
Provided, That nothing contained herein shall be construed to require 
that the Airport be operated for aeronautical uses during temporary 
periods when snow, flood, or other climatic conditions interfere with 
such operation and maintenance; and Provided further, That nothing 
herein shall be construed as requiring the maintenance, repair, 
restoration or replacement of any structure or facility which is 
substantially damaged or destroyed due to an act of God or other 
condition or circumstance beyond the control of the Sponsor. In 
furtherance of this covenant the sponsor will have in effect at all 
times arrangements for--
    a. Operating the airport's aeronautical facilities whenever 
required;
    b. Promptly marking and lighting hazards resulting from airport 
conditions, including temporary conditions; and
    c. Promptly notifying airmen of any condition affecting aeronautical 
use of the Airport.
    23. Airport Hazards. Insofar as it is within its power and 
reasonable, the Sponsor will, either by the acquisition and retention of 
easements or other interests in or rights for the use of land or 
airspace or by the adoption and enforcement of zoning regulations, 
prevent the construction, erection, alteration, or growth of any 
structure, tree, or other object in the approach areas of the runways of 
the Airport, which would constitute an airport hazard.
    In addition, the Sponsor will not erect or permit the erection of 
any permanent structure or facility which would interfere materially 
with the use, operation, or future development of the Airport, in any 
portion of a runway approach area in which the Sponsor has acquired, or 
hereafter acquires, property interests permitting it to so control the 
use made of the surface of the land.
    24. Use of adjacent land. Insofar as it is within its power and 
reasonable, the Sponsor will, either by the acquisition and retention of 
easements or other interests in or rights for the use of land or 
airspace or by the adoption and enforcement of zoning regulations, take 
action to restrict the use of land adjacent to or in the immediate 
vicinity of the Airport to activities and purposes compatible with 
normal airport operations including landing and takeoff of aircraft.
    25. Airport layout plan. The Sponsor will keep up to date at all 
times an airport layout plan of the Airport showing (1) boundaries of 
the Airport and all proposed additions thereto, together with the 
boundaries of all offsite areas owned or controlled by the Sponsor for 
airport purposes, and proposed additions thereto; (2) the location and 
nature of all existing and proposed airport facilities and structures 
(such as runways, taxiways, aprons, terminal buildings, hangars and 
roads), including all proposed extensions and reductions of existing 
airport facilities; and (3) the location of all existing and proposed 
nonaviation areas and of all existing improvements thereon. Such airport 
layout plan and each amendment, revision,

[[Page 172]]

or modification thereof, shall be subject to the approval of the FAA, 
which approval shall be evidenced by the signature of a duly authorized 
representative of the FAA on the face of the airport layout plan. The 
Sponsor will not make or permit any changes or alterations in the 
airport or in any of its facilities other than in conformity with the 
airport layout plan as so approved by the FAA, if such changes or 
alterations might adversely affect the safety, utility, or efficiency of 
the Airport.
    26. Federal use of facilities. All facilities of the Airport 
developed with Federal aid and all those usable for the landing and 
taking off of aircraft, will be available to the United States at all 
times, without charge, for use by government aircraft in common with 
other aircraft, except that if the use by government aircraft is 
substantial, a reasonable share, proportional to such use, of the cost 
of operating and maintaining facilities so used, may be charged. Unless 
otherwise determined by the FAA, or otherwise agreed to by the Sponsor 
and the using agency, substantial use of an airport by government 
aircraft will be considered to exist when operations of such aircraft 
are in excess of those which, in the opinion of the FAA, would unduly 
interfere with use of the landing area by other authorized aircraft, or 
during any calendar month that--
    a. Five (5) or more government aircraft are regularly based at the 
airport or on land adjacent thereto; or
    b. The total number of movements (counting each landing as a 
movement and each takeoff as a movement) of government aircraft is 300 
or more, or the gross accumulative weight of government aircraft using 
the Airport (the total movements of government aircraft multiplied by 
gross certified weights of such aircraft) is in excess of five million 
pounds.
    27. Areas for FAA Use. Whenever so requested by the FAA, the Sponsor 
will furnish without cost to the Federal Government, for construction, 
operation, and maintenance of facilities for air traffic control 
activities, or weather reporting activities and communication activities 
related to air traffic control, such areas of land or water, or estate 
therein, or rights in buildings of the Sponsor as the FAA may consider 
necessary or desirable for construction at Federal expense of space or 
facilities for such purposes. The approximate amounts of areas and the 
nature of the property interests and/or rights so required will be set 
forth in the Grant Agreement relating to the project. Such areas or any 
portion thereof will be made available as provided herein within 4 
months after receipt of written requests from the FAA.
    28. Fee and rental structure. The airport operator or owner will 
maintain a fee and rental structure for the facilities and services 
being provided the airport users which will make the Airport as self-
sustaining as possible under the circumstances existing at the Airport, 
taking into account such factors as the volume of traffic and economy of 
collection.
    29. Reports to FAA. The Sponsor will furnish the FAA with such 
annual or special airport financial and operational reports as may be 
reasonably requested. Such reports may be submitted on forms furnished 
by the FAA, or may be submitted in such manner as the Sponsor elects so 
long as the essential data are furnished. The Airport and all airport 
records and documents affecting the Airport, including deeds, leases, 
operation and use agreements, regulations, and other instruments, will 
be made available of inspection and audit by the Secretary and the 
Comptroller General of the United States, or their duly authorized 
representatives, upon reasonable request. The Sponsor will furnish to 
the FAA or to the General Accounting Office, upon request, a true copy 
of any such document.
    30. System of accounting. All project accounts and records will be 
kept in accordance with a standard system of accounting if so prescribed 
by the Secretary.
    31. Interfering right. If at any time it is determined by the FAA 
that there is any outstanding right or claim of right in or to the 
Airport property, other than those set forth in Part II of the 
Application for Federal Assistance, the existence of which creates an 
undue risk of interference with the operation of the Airport or the 
performance of the covenants of this part, the sponsor will acquire, 
extinguish, or modify such right or claim of right in a manner 
acceptable to the FAA.
    32. Performance obligation. The Sponsor will not enter into any 
transaction which would operate to deprive it of any of the rights and 
powers necessary to perform any or all of the covenants made herein, 
unless by such transaction the obligation to perform all such covenants 
is assumed by another public agency found by the FAA to be eligible 
under the Act and Regulations to assume such obligations and having the 
power, authority, and financial resources to carry out all such 
obligations. If an arrangement is made for management or operation of 
the Airport by any agency or person other than the Sponsor or an 
employee of the Sponsor, the Sponsor will reserve sufficient rights and 
authority to insure that the Airport will be operated and maintained in 
accordance with the Act, the Regulations, and these covenants.
    33. Meaning of terms. Unless the context otherwise requires, all 
terms used in these covenants which are defined in the Act and the 
Regulations shall have the meanings assigned to them therein.
    B. Airport Layout Plan Approval. A sponsor seeking FAA approval of a 
new or revised airport layout plan shall submit with the plan an 
environmental assessment prepared

[[Page 173]]

in conformance with Appendix 6 of FAA Order 1050.1C, ``Policies and 
Procedures for Considering Environmental Impacts'' (45 FR 2244; January 
10, 1980) and FAA Order 5050.4 ``Airport Environmental Handbook'' (45 FR 
56622; August 25, 1980), if an assessment is required by Order 5050.4.

                          III. Airport Planning

    Each applicant for an airport planning grant shall submit the 
assurances numbered 1 (except for the phrase ``and to finance and 
construct the proposed facilities''), 7, 9, 11 (except for the last 
sentence), and 12, 14, 15, 30, and 33 of Part II of this appendix.

(Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 
et seq.); sec. 1.47(f)(1) Regulations of the Office of the Secretary of 
Transportation (49 CFR 1.47(f) (1)))

[Doc. No. 19430, 45 FR 34797, May 22, 1980, as amended by Amdt. 152-11, 
45 FR 56622, Aug. 25, 1980]



PART 155--RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS--Table of Contents




Sec.
155.1  Applicability.
155.3  Applicable law.
155.5  Property and releases covered by this part.
155.7  General policies.
155.9  Release from war or national emergency restrictions.
155.11  Form and content of requests for release.
155.13  Determinations by FAA.

    Authority: 49 U.S.C. 106(g), 40113, 47151-47153.

    Source: Docket No. 1329, 27 FR 12361, Dec. 13, 1962, unless 
otherwise noted.



Sec. 155.1  Applicability.

    This part applies to releases from terms, conditions, reservations, 
or restrictions in any deed, surrender of leasehold, or other instrument 
of transfer or conveyance (in this part called ``instrument of 
disposal'') by which some right, title, or interest of the United States 
in real or personal property was conveyed to a non-Federal public agency 
under section 13 of the Surplus Property Act of 1944 (58 Stat. 765; 61 
Stat. 678) to be used by that agency in developing, improving, 
operating, or maintaining a public airport or to provide a source of 
revenue from non-aviation business at a public airport.



Sec. 155.3  Applicable law.

    (a) Section 4 of the Act of October 1, 1949 (63 Stat. 700) 
authorizes the Administrator to grant the releases described in 
Sec. 155.1, if he determines that--
    (1) The property to which the release relates no longer serves the 
purpose for which it was made subject to the terms, conditions, 
reservations, or restrictions concerned; or
    (2) The release will not prevent accomplishing the purpose for which 
the property was made subject to the terms, conditions, reservations, or 
restrictions, and is necessary to protect or advance the interests of 
the United States in civil aviation.

In addition, section 4 of that Act authorizes the Administrator to grant 
the releases subject to terms and conditions that he considers necessary 
to protect or advance the interests of the United States in civil 
aviation.
    (b) Section 2 of the Act of October 1, 1949 (63 Stat. 700) provides 
that the restrictions against using structures for industrial purposes 
in any instrument of disposal issued under section 13(g)(2)(A) of the 
Surplus Property Act of 1944, as amended (61 Stat. 678) are considered 
to be extinguished. In addition, section 2 authorizes the Administrator 
to issue any instruments of release or conveyance necessary to remove, 
of record, such a restriction, without monetary consideration to the 
United States.
    (c) Section 68 of the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2098) releases, remises, and quitclaims, to persons entitled 
thereto, all reserved rights of the United States in radioactive 
minerals in instruments of disposal of public or acquired lands. In 
addition, section 3 of the Act of October 1, 1949 (50 U.S.C. App. 1622b) 
authorizes the Administrator to issue instruments that he considers 
necessary to correct any instrument of disposal by which surplus 
property was transferred to a non-Federal public agency for airport 
purposes or to conform the transfer to the requirements of applicable 
law. Based on the laws cited in this paragraph, the Administrator issues 
appropriate instruments of correction upon the written request of 
persons entitled

[[Page 174]]

to ownership, occupancy, or use of the lands concerned.



Sec. 155.5  Property and releases covered by this part.

    This part applies to--
    (a) Any real or personal property that is subject to the terms, 
conditions, reservations, or restrictions in an instrument of disposal 
described in Sec. 155.1; and
    (b) Any release from a term, condition, reservation, or restriction 
in such an instrument, including a release of--
    (1) Personal property, equipment, or structures from any term, 
condition, reservation, or restriction so far as necessary to allow it 
to be disposed of for salvage purposes;
    (2) Land, personal property, equipment or structures from any term, 
condition, reservation, or restriction requiring that it be used for 
airport purposes to allow its use, lease, or sale for nonairport use in 
place;
    (3) Land, personal property, equipment, or structures from any term, 
condition, reservation, or restriction requiring its maintenance for 
airport use;
    (4) Land, personal property, equipment, or structures from all 
terms, conditions, restrictions, or reservations to allow its use, 
lease, sale, or other disposal for nonairport purposes; and
    (5) Land, personal property, equipment, or structures from the 
reservation of right of use by the United States in time of war or 
national emergency, to facilitate financing the operation and 
maintenance or further development of a public airport.



Sec. 155.7  General policies.

    (a) Upon a request under Sec. 155.11, the Administrator issues any 
instrument that is necessary to remove, of record, any restriction 
against the use of property for industrial purposes that is in an 
instrument of disposal covered by this part.
    (b) The Administrator does not issue a release under this part if it 
would allow the sale of the property concerned to a third party, unless 
the public agency concerned has obligated itself to use the proceeds 
from the sale exclusively for developing, improving, operating, or 
maintaining a public airport.
    (c) Except for a release from a restriction against using property 
for industrial purposes, the Administrator does not issue a release 
under this part unless it is justified under Sec. 155.3(a) (1) or (2).
    (d) The Administrator may issue a release from the terms, 
conditions, reservations, or restrictions of an instrument of disposal 
subject to any other terms or conditions that he considers necessary to 
protect or advance the interests of the United States in civil aviation. 
Such a term or condition, including one regarding the use of proceeds 
from the sale of property, is imposed as a personal covenant or 
obligation of the public agency concerned rather than as a term or 
condition to the release or as a covenant running with the land, unless 
the Administrator determines that the purpose of the term or condition 
would be better achieved as a condition or covenant running with the 
land.
    (e) A letter or other document issued by the Administrator that 
merely grants consent to or approval of a lease, or to the use of the 
property for other than the airport use contemplated by the instrument 
of disposal, does not otherwise release the property from the terms, 
conditions, reservations, or restrictions of the instrument of disposal.



Sec. 155.9  Release from war or national emergency restrictions.

    (a) The primary purpose of each transfer of surplus airport property 
under section 13 of the Surplus Property Act of 1944 was to make the 
property available for public or civil airport needs. However, it was 
also intended to ensure the availability of the property transferred, 
and of the entire airport, for use by the United States during a war or 
national emergency, if needed. As evidence of this purpose, most 
instruments of disposal of surplus airport property reserved or granted 
to the United States a right of exclusive possession and control of the 
airport during a war or emergency, substantially the same as one of the 
following:


[[Page 175]]


    (1) That during the existence of any emergency declared by the 
President or the Congress, the Government shall have the right without 
charge except as indicated below to the full, unrestricted possession, 
control, and use of the landing area, building areas, and airport 
facilities or any part thereof, including any additions or improvements 
thereto made subsequent to the declaration of the airport property as 
surplus: Provided, however, That the Government shall be responsible 
during the period of such use for the entire cost of maintaining all 
such areas, facilities, and improvements, or the portions used, and 
shall pay a fair rental for the use of any installations or structures 
which have been added thereto without Federal aid.
    (2) During any national emergency declared by the President or by 
Congress, the United States shall have the right to make exclusive or 
nonexclusive use and have exclusive or nonexclusive control and 
possession, without charge, of the airport at which the surplus property 
is located or used or of such portion thereof as it may desire: 
Provided, however, That the United States shall be responsible for the 
entire cost of maintaining such part of the airport as it may use 
exclusively, or over which it may have exclusive possession and control, 
during the period of such use, possession, or control and shall be 
obligated to contribute a reasonable share, commensurate with the use 
made by it, of the cost of maintenance of such property as it may use 
nonexclusively or over which it may have nonexclusive control and 
possession: Provided further, That the United States shall pay a fair 
rental for its use, control, or possession, exclusively or 
nonexclusively, of any improvements to the airport made without U.S. 
aid.
    (b) A release from the terms, conditions, reservations, or 
restrictions of an instrument of disposal that might prejudice the needs 
or interests of the armed forces, is granted only after consultation 
with the Department of Defense.



Sec. 155.11  Form and content of requests for release.

    (a) A request for the release of surplus airport property from a 
term, condition, reservation, or restriction in an instrument of 
disposal need not be in any special form, but must be in writing and 
signed by an authorized official of the public agency that owns the 
airport.
    (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.
    (c) Each request for a release must include the following 
information, if applicable and available:
    (1) Identification of the instruments of disposal to which the 
property concerned is subject.
    (2) A description of the property concerned.
    (3) The condition of the property concerned.
    (4) The purpose for which the property was transferred, such as for 
use as a part of, or in connection with, operating the airport or for 
producing revenues 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 Sec. 155.3(a) (1) or (2) with supporting documents.
    (8) Maps, photographs, plans, or similar material of the airport and 
the property concerned that are appropriate to determining whether the 
release is justified under Sec. 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 exclusively for developing, improving, operating, 
or maintaining a public airport.
    (11) A suggested letter or other instrument of release that would 
meet the requirements of State and local law for the release requested.
    (12) The sponsor's environmental assessment prepared in conformance 
with Appendix 6 of FAA Order 1050.1C, ``Policies and Procedures for 
Considering Environmental Impacts'' (45 FR 2244; Jan. 10, 1980), and FAA 
Order 5050.4, ``Airport Environmental Handbook'' (45 FR 56624; Aug. 25, 
1980), if an assessment is required by Order 5050.4. Copies of these 
orders may be examined in the Rules Docket, Office of the Chief Counsel, 
FAA, Washington, D.C., and may

[[Page 176]]

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]



Sec. 155.13  Determinations by FAA.

    (a) An FAA office that receives a request for a release under this 
part, and supporting documents therefore, examines it to determine 
whether the request 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 Sec. 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 modification of it, may 
be granted. If the release, or a modification of it acceptable to the 
owner, is granted, the FAA prepares the necessary instruments and 
delivers them to the airport owner.



PART 156--STATE BLOCK GRANT PILOT PROGRAM--Table of Contents




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 assurances.

    Authority: 49 U.S.C. 106(g), 47101, 47128; 49 CFR 1.47(f), (k).

    Source: Docket No. 35723, 53 FR 41303, Oct. 20, 1988, unless 
otherwise noted.



Sec. 156.1  Applicability.

    (a) This part applies to grant applicants for the State block grant 
pilot program and to those States receiving block grants available under 
the Airport 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 requirements for a participating 
State;
    (3) The program responsibilities for a participating State; and
    (4) The enforcement responsibilities of a participating State.



Sec. 156.2  Letters of interest.

    (a) Any state that desires to participate in the State block grant 
pilot program shall submit a letter of interest, by November 30, 1988, 
to the Associate Administrator for Airports, Federal Aviation 
Administration, 800 Independence Avenue SW., Room 1000E, Washington, 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.
    (c) The FAA will provide an application form and program guidance 
material to each State that submits a letter of interest to the 
Associate Administrator for Airports.



Sec. 156.3  Application and grant process.

    (a) A State desiring to participate shall submit a completed 
application to the Associate Administrator for Airports.
    (b) After review of the applications submitted by the States, the 
Administrator shall select three States for participation in the State 
block grant pilot program.
    (c) The Administrator shall issue a 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 Administrator'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 acceptance 
complies with all applicable Federal and State law, that the acceptance 
constitutes a legal and binding obligation of the State, and that the 
State has the authority to carry out all

[[Page 177]]

the terms and conditions of the written grant offer.



Sec. 156.4  Airport and project eligibility.

    (a) A participating State shall use monies distributed pursuant to a 
State block grant agreement for airport development and airport 
planning, for airport noise compatibility planning, or to carry out 
airport noise compatibility programs, in accordance with the Airport and 
Airway Improvement Act of 1982, as amended.
    (b) A participating State shall administer the airport development 
and airport planning projects for airports within the State.
    (c) A participating State shall not use any monies distributed 
pursuant to a State block grant agreement for integrated airport system 
planning, projects related to any primary airport, 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.



Sec. 156.5  Project cost allowability.

    (a) A participating State shall not use State block grant funds for 
reimbursement 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 
reimbursement or funding of administrative costs incurred by the State 
pursuant to the State block grant program.



Sec. 156.6  State program responsibilities.

    (a) A participating State shall comply 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 requires to be imposed on a recipient for airport 
projects funded pursuant to the State block grant pilot program.
    (c) Unless otherwise agreed by a participating State and the 
Administrator in writing, a participating State shall not delegate or 
relinquish, either expressly 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.



Sec. 156.7  Enforcement of State block grant agreements and other related grant assurances.

    The Administrator may take any action, 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 subsequent recipients of State block agreement funds.



PART 157--NOTICE OF CONSTRUCTION, ALTERATION, ACTIVATION, AND DEACTIVATION OF AIRPORTS--Table of Contents




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.

    Authority: 49 U.S.C. 106(g), 40103, 40113, 44502.

    Source: Docket No. 25708, 56 FR 33996, July 24, 1991, unless 
otherwise noted.



Sec. 157.1  Applicability.

    This part applies to persons proposing 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 operations 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.
    (c) The intermittent use of a site that is not an established 
airport, which is used or intended to be used for less than one year and 
at which flight

[[Page 178]]

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.



Sec. 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 aircraft 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 proposed 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 
requirement 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 utilized within a 5-mile radius of the airport for 
ingress, egress, and noise abatement.



Sec. 157.3  Projects requiring notice.

    Each person who intends to do any of the following shall notify the 
Administrator in the manner prescribed in Sec. 157.5:
    (a) Construct or otherwise establish a new airport or activate an 
airport.
    (b) Construct, realign, alter, or activate any runway or other 
aircraft landing or takeoff area of an airport.
    (c) Deactivate, discontinue using, or abandon an airport or any 
landing or takeoff area of an airport for a period of one year or more.
    (d) Construct, realign, alter, activate, deactivate, abandon, or 
discontinue using a taxiway associated with a landing or takeoff area on 
a public-use airport.
    (e) Change the status of an airport from private use to public use 
or from public use to another status.
    (f) Change any traffic pattern or traffic pattern altitude or 
direction.
    (g) Change status from IFR to VFR or VFR to IFR.



Sec. 157.5  Notice of intent.

    (a) Notice shall be submitted on FAA Form 7480-1, copies of which 
may be obtained from an FAA Airport District/Field Office or Regional 
Office, to one of those offices and shall be submitted at least--
    (1) In the cases prescribed in paragraphs (a) through (d) of 
Sec. 157.3, 90 days in advance of the day that work is to begin; or
    (2) In the cases prescribed in paragraphs (e) through (g) of 
Sec. 157.3, 90 days in advance of the planned implementation date.
    (b) Notwithstanding paragraph (a) of this section--
    (1) In an emergency involving essential public service, public 
health, or public safety or when the delay arising from the 90-day 
advance notice requirement would result in an unreasonable hardship, a 
proponent may provide notice to the appropriate FAA Airport District/
Field Office or Regional Office by telephone or other expeditious means 
as soon as practicable in lieu of submitting FAA Form 7480-1. However, 
the proponent shall provide full notice, through the submission of FAA 
Form 7480-1, when otherwise requested or required by the FAA.
    (2) notice concerning the deactivation, discontinued use, or 
abandonment of an airport, an airport landing or takeoff area, or 
associated taxiway may be submitted by letter. Prior notice is not 
required; except that a 30-day prior notice is required when an 
established instrument approach procedure is involved or when the 
affected property is subject to any agreement with the United States 
requiring that it be maintained and operated as a public-use airport.

[[Page 179]]



Sec. 157.7  FAA determinations.

    (a) The FAA will conduct an aeronautical study of an airport 
proposal and, after consultations with interested persons, as 
appropriate, issue a determination to the proponent and advise those 
concerned of the FAA determination. The FAA will consider matters such 
as the effects the proposed action would have on existing or 
contemplated traffic patterns of neighboring airports; the effects the 
proposed action would have on the existing airspace structure and 
projected programs of the FAA; and the effects that existing or proposed 
manmade objects (on file with the FAA) and natural objects within the 
affected area would have on the airport proposal. While determinations 
consider the effects of the proposed action on the safe and efficient 
use of airspace by aircraft and the safety of persons and property on 
the ground, the determinations are only advisory. Except for an 
objectionable determination, each determination will contain a 
determination-void date to facilitate efficient planning of the use of 
the navigable airspace. A determination does not relieve the proponent 
of responsibility for compliance with any local law, ordinance or 
regulation, or state or other Federal regulation. Aeronautical studies 
and determinations will not consider environmental or land use 
compatibility impacts.
    (b) An airport determination issued under this part will be one of 
the following:
    (1) No objection.
    (2) Conditional. A conditional determination will identify the 
objectionable aspects of a project or action and specify the conditions 
which must be met and sustained to preclude an objectionable 
determination.
    (3) Objectionable. An objectionable determination will specify the 
FAA's reasons for issuing such a determination.
    (c) Determination void date. All work or action for which notice is 
required by this sub-part must be completed by the determination void 
date. Unless otherwise extended, revised, or terminated, an FAA 
determination becomes invalid on the day specified as the determination 
void date. Interested persons may, at least 15 days in advance of the 
determination void date, petition the FAA official who issued the 
determination to:
    (1) Revise the determination based on new facts that change the 
basis on which it was made; or
    (2) Extend the determination void date. Determinations will be 
furnished to the proponent, aviation officials of the state concerned, 
and, when appropriate, local political bodies and other interested 
persons.



Sec. 157.9  Notice of completion.

    Within 15 days after completion of any airport project covered by 
this part, the proponent of such project shall notify the FAA Airport 
District Office or Regional Office by submission of FAA Form 5010-5 or 
by letter. A copy of FAA Form 5010-5 will be provided with the FAA 
determination.



PART 158--PASSENGER FACILITY CHARGES (PFC'S)--Table of Contents




                           Subpart A--General

Sec.
158.1  Applicability.
158.3  Definitions.
158.5  Authority to impose PFC's.
158.7  Exclusivity of authority.
158.9  Limitations.
158.11  Public agency request not to require collection of PFC's by a 
          class of air carriers or foreign air carriers or for service 
          to isolated communities.
158.13  Use of PFC revenue.
158.15  Project eligibility at PFC levels of $1, $2, or $3.
158.17  Project eligibility at PFC levels of $4 or $4.50.
158.19  Requirement for competition plans.

                   Subpart B--Application and Approval

158.21  General.
158.23  Consultation with air carriers and foreign air carriers.
158.25  Applications.
158.27  Review of applications.
158.29  The Administrator's decision.
158.31  Duration of authority to impose a PFC after project 
          implementation.
158.33  Duration of authority to impose a PFC before project 
          implementation.
158.35  Extension of time to submit application to use PFC revenue.
158.37  Amendment of approved PFC.
158.39  Use of excess PFC revenue.

[[Page 180]]

        Subpart C--Collection, Handling, and Remittance of PFC's

158.41  General.
158.43  Public agency notification to collect PFC's.
158.45  Collection of PFC's on tickets issued in the U.S.
158.47  Collection of PFC's on tickets issued outside the U.S.
158.49  Handling of PFC's.
158.51  Remittance of PFC's.
158.53  Collection compensation.

             Subpart D--Reporting, Recordkeeping and Audits

158.61  General.
158.63  Reporting requirements: Public agency.
158.65  Reporting requirements: Collecting carrier.
158.67  Recordkeeping and auditing: Public agency.
158.69  Recordkeeping and auditing: Collecting carriers.
158.71  Federal oversight.

                         Subpart E--Termination

158.81  General.
158.83  Informal resolution.
158.85  Termination of authority to impose PFC's.
158.87  Loss of Federal airport grant funds.

   Subpart F--Reduction in Airport Improvement Program Apportionments

158.91  General.
158.93  Public agencies subject to reduction.
158.95  Implementation of reduction.
158.97  Special rule for transitioning airports.

Appendix A to Part 158--Assurances

    Authority: 49 U.S.C. 106(g), 40116-40117, 47106, 47111, 47114-47116, 
47524, 47526.

    Source: Docket No. 26385, 56 FR 24278, May 29, 1991, unless 
otherwise noted.



                           Subpart A--General



Sec. 158.1  Applicability.

    This part applies to passenger facility charges (PFC's) as may be 
approved by the Administrator of the Federal Aviation Administration 
(FAA) and imposed by a public agency that controls a commercial service 
airport. This part also describes the procedures for reducing funds to a 
large or medium hub airport that imposes a PFC.

[Doc. No. FAA-2000-7402, 65 FR 34540, May 30, 2000]



Sec. 158.3  Definitions.

    The following definitions apply in this part:
    Airport means any area of land or water, including any heliport, 
that is used or intended to be used for the landing and takeoff of 
aircraft, and any appurtenant areas that are used or intended to be used 
for airport buildings or other airport facilities or rights-of-way, 
together with all airport buildings and facilities located thereon.
    Airport capital plan means a capital improvement program that lists 
airport-related planning, development or noise compatibility projects 
expected to be accomplished with anticipated available funds.
    Airport layout plan (ALP) means a plan showing the existing and 
proposed airport facilities and boundaries in a form prescribed by the 
Administrator.
    Airport revenue means revenue generated by a public airport (1) 
through any lease, rent, fee, PFC or other charge collected, directly or 
indirectly, in connection with any aeronautical activity conducted on an 
airport that it controls; or (2) In connection with any activity 
conducted on airport land acquired with Federal financial assistance, or 
with PFC revenue under this part, or conveyed to such public agency 
under the provisions of any Federal surplus property program or any 
provision enacted to authorize the conveyance of Federal property to a 
public agency for airport purposes.
    Air travel ticket means all documents pertaining to a passenger's 
complete itinerary necessary to transport a passenger by air, including 
passenger manifests.
    Allowable cost means the reasonable and necessary costs of carrying 
out an approved project including costs incurred prior to and subsequent 
to the approval to impose a PFC, and making payments for debt service on 
bonds and other indebtedness incurred to carry out such projects. 
Allowable costs include only those costs incurred on or after November 
5, 1990. Costs of terminal development incurred after August 1, 1986, at 
an airport that did not have more than .25 percent of the total annual 
passenger boardings in the U.S. in the most recent calendar year for 
which data is available and at which

[[Page 181]]

total passenger boardings declined by at least 16 percent between 
calendar year 1989 and calendar year 1997 are allowable.
    Approved project means a project for which use of PFC revenue has 
been approved under this part. Specific projects contained in a single 
or multi-phased project or development described in an airport capital 
plan may also be approved separately.
    Bond financing costs means the costs of financing a bond and 
includes such costs as those associated with issuance, underwriting 
discount, original issue discount, capitalized interest, debt service 
reserve funds, initial credit enhancement costs, and initial trustee and 
paying agent fees.
    Charge effective date means the date on which carriers are obliged 
to collect a PFC.
    Charge expiration date means the date on which carriers are to cease 
to collect a PFC.
    Collecting carrier means an issuing carrier or other carrier 
collecting a PFC, whether or not such carrier issues the air travel 
ticket.
    Collection means the acceptance of payment of a PFC from a 
passenger.
    Commercial service airport means a public airport that annually 
enplanes 2,500 or more passengers and receives scheduled passenger 
service of aircraft.
    Covered airport means a medium or large hub airport at which one or 
two air carriers control more than 50 percent of passenger boardings.
    Debt service means payments for such items as principal and 
interest, sinking funds, call premiums, periodic credit enhancement 
fees, trustee and paying agent fees, coverage, and remarketing fees.
    Exclusive long-term lease or use agreement means an exclusive lease 
or use agreement between a public agency and an air carrier or foreign 
air carrier with a term of 5 years or more.
    FAA Airports office means a regional, district or field office of 
the Federal Aviation Administration that administers Federal airport-
related matters.
    Frequent flier award coupon means a zero-fare award of air 
transportation that an air carrier or foreign air carrier provides to a 
passenger in exchange for accumulated travel mileage credits in a 
customer loyalty program, whether or not the term ``frequent flier'' is 
used in the definition of that program. The definition of ``frequent 
flier award coupon'' does not extend to redemption of accumulated 
credits for awards of additional or upgraded service on trips for which 
the passenger has paid a published fare, ``two-for-the-price-of-one'' 
and similar marketing programs, or to air transportation purchased for a 
passenger by other parties.
    Implementation of an approved project means: (1) With respect to 
construction, issuance to a contractor of notice to proceed or the start 
of physical construction; (2) with respect to nonconstruction projects 
other than property acquisition, commencement of work by a contractor or 
public agency to carry out the statement of work; or (3) with respect to 
property acquisition projects, commencement of title search, surveying, 
or appraisal for a significant portion of the property to be acquired.
    Issuing carrier means any air carrier or foreign air carrier that 
issues an air travel ticket or whose imprinted ticket stock is used in 
issuing such ticket by an agent.
    Medium or large hub airport means a commercial service airport that 
has more than 0.25 percent of the total number of passenger boardings at 
all such airports in the U.S. for the prior calendar year, as determined 
by the Administrator.
    Nonrevenue passenger means a passenger receiving air transportation 
from an air carrier or foreign air carrier for which remuneration is not 
received by the air carrier or foreign air carrier as defined under 
Department of Transportation Regulations or as otherwise determined by 
the Administrator. Air carrier employees or others receiving air 
transportation against whom token service charges are levied are 
considered nonrevenue passengers. Infants for whom a token fare is 
charged are also considered nonrevenue passengers.
    One-way trip means any trip that is not a round trip.
    Passenger enplaned means a domestic, territorial or international 
revenue passenger enplaned in the States in scheduled or nonscheduled 
service on

[[Page 182]]

aircraft in intrastate, interstate, or foreign commerce.
    PFC means a passenger facility charge covered by this part imposed 
by a public agency on passengers enplaned at a commercial service 
airport it controls.
    Project means airport planning, airport land acquisition or 
development of a single project, a multi-phased development program, 
(including but not limited to development described in an airport 
capital plan) or a new airport for which PFC financing is sought or 
approved under this part.
    Public agency means a State or any agency of one or more States; a 
municipality or other political subdivision of a State; an authority 
created by Federal, State or local law; a tax-supported organization; an 
Indian tribe or pueblo that controls a commercial service airport; or 
for the purposes of this part, a private sponsor of an airport approved 
to participate in the Pilot Program on Private Ownership of Airports.
    Round trip means a trip on a complete air travel itinerary which 
terminates at the origin point.
    State means a State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Trust Territory of the 
Pacific Islands, and Guam.
    Unliquidated PFC revenue means revenue received by a public agency 
from collecting carriers but not yet used on approved projects.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34540, May 30, 2000]



Sec. 158.5  Authority to impose PFC's.

    Subject to the provisions of this part, the Administrator may grant 
authority to a public agency that controls a commercial service airport 
to impose a PFC of $1, $2, $3, $4, or $4.50 on passengers enplaned at 
such an airport. No public agency may impose a PFC under this part 
unless authorized by the Administrator. No State or political 
subdivision or agency thereof that is not a public agency may impose a 
PFC covered by this part.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34541, May 30, 2000]



Sec. 158.7  Exclusivity of authority.

    (a) A State, political subdivision of a State, or authority of a 
State or political subdivision that is not the eligible public agency 
may not tax, regulate, prohibit, or otherwise attempt to control in any 
manner the imposition or collection of a PFC or the use of PFC revenue.
    (b) No contract or agreement between an air carrier or foreign air 
carrier and a public agency may impair the authority of such public 
agency to impose a PFC or use the PFC revenue in accordance with this 
part.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34541, May 30, 2000]



Sec. 158.9  Limitations.

    (a) No public agency may impose a PFC on any passenger--
    (1) For more than 2 boardings on a one-way trip or in each direction 
of a round trip;
    (2) On any flight to an eligible point on an air carrier that 
receives essential air service compensation on that route. The 
Administrator makes available a list of carriers and eligible routes 
determined by the Department of Transportation for which PFC's may not 
be imposed under this section;
    (3) Who is a nonrevenue passenger or obtained the ticket for air 
transportation with a frequent flier award coupon;
    (4) On flights, including flight segments, between 2 or more points 
in Hawaii; or
    (5) In Alaska aboard an aircraft having a certificated seating 
capacity of less than 60 passengers.
    (b) No public agency may require a foreign airline that does not 
serve a point or points in the U.S. to collect a PFC from a passenger.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34541, May 30, 2000]

[[Page 183]]



Sec. 158.11  Public agency request not to require collection of PFC's by a class of air carriers or foreign air carriers or for service to isolated communities.

    (a) Subject to the requirements of this part, a public agency may 
request that collection of PFC's not be required for--
    (1) Passengers enplaned by any class of air carrier or foreign air 
carrier if the number of passengers enplaned by the carriers in the 
class constitutes not more than one percent of the total number of 
passengers enplaned annually at the airport at which the fee is imposed; 
or
    (2) Passengers enplaned on a flight to an airport--
    (i) That has fewer than 2,500 passenger boardings each year and 
receives scheduled passenger service; or
    (ii) In a community that has a population of less than 10,000 and is 
not connected by a land highway or vehicular way to the land-connected 
National Highway System within a State.
    (b) The public agency may request this exclusion authority under 
paragraph (a)(1) or (a)(2) of this section or both.

[Doc. No. FAA-2000-7402, 65 FR 34541, May 30, 2000]



Sec. 158.13  Use of PFC revenue.

    PFC revenue, including any interest earned after such revenue has 
been remitted to a public agency, may be used only to finance the 
allowable costs of approved projects at any airport the public agency 
controls.
    (a) Total cost. PFC revenue may be used to pay all or part of the 
allowable cost of an approved project.
    (b) Bond-associated debt service and financing costs. (1) PFC 
revenue may be used to pay debt service and financing costs incurred on 
that portion of a bond issued to carry out approved projects.
    (2) If bond documents require that PFC revenue be commingled in the 
general revenue stream of the airport controlled by the public agency 
and pledged generally for the benefit of holders of obligations issued 
thereunder, PFC revenue is deemed to have been used to pay the costs 
covered in Sec. 158.13 (b)(1) if--
    (i) An amount equal to that portion of the proceeds of the bond 
issued to carry out approved projects is used to pay allowable costs of 
such projects; and
    (ii) To the extent that the amount of PFC revenue collected in any 
year exceeds the amount of debt service and financing costs on such 
bonds during that year, an amount equal to the excess is applied as 
required by Sec. 158.39.
    (c) Combination of PFC revenue and Federal grant funds. A public 
agency may use a combination of PFC revenue and airport grant funds to 
accomplish an approved project. Such projects shall be subject to the 
recordkeeping and auditing requirements set forth in subpart D of this 
part, in addition to the reporting, recordkeeping and auditing 
requirements imposed pursuant to the Airport and Airway Improvement Act 
of 1982 (AAIA).
    (d) Non-Federal share. PFC revenue may be used to meet the non-
Federal share of the cost of projects funded under the Federal airport 
grant program.
    (e) Approval of project following approval to impose a PFC. The 
public agency shall not use PFC revenue or interest earned thereon 
except on an approved project.



Sec. 158.15  Project eligibility at PFC levels of $1, $2, or $3.

    (a) To be eligible, a project must--
    (1) Preserve or enhance safety, security, or capacity of the 
national air transportation system;
    (2) Reduce noise or mitigate noise impacts resulting from an 
airport; or
    (3) Furnish opportunities for enhanced competition between or among 
air carriers.
    (b) Eligible projects are any of the following projects--
    (1) Airport development eligible under subchapter I of chapter 471 
of 49 U.S.C.;
    (2) Airport planning eligible under subchapter I of chapter 471 of 
49 U.S.C.;
    (3) Terminal development as described in 49 U.S.C. 47110(d);
    (4) Airport noise compatibility planning as described in 49 U.S.C. 
47505;
    (5) Noise compatibility measures eligible for Federal assistance 
under 49 U.S.C. 47504, without regard to whether

[[Page 184]]

the measures have been approved pursuant to 49 U.S.C. 47504; or
    (6) Construction of gates and related areas at which passengers are 
enplaned or deplaned and other areas directly related to the movement of 
passengers and baggage in air commerce within the boundaries of the 
airport. These areas do not include restaurants, car rental facilities, 
automobile parking facilities, or other concessions. In the case of a 
project required to enable additional air service by an air carrier with 
less than 50 percent of the annual passenger boardings at an airport, a 
project for constructing gates and related areas may include structural 
foundations and floor systems, exterior building walls and load-bearing 
interior columns or walls, windows, door, and roof systems, building 
utilities (including heating, air conditioning, ventilation, plumbing, 
and electrical service), and aircraft fueling facilities adjacent to the 
gate.
    (c) An eligible project must be adequately justified to qualify for 
PFC funding.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; 
Amdt. 158-2, 65 FR 34541, May 30, 2000]



Sec. 158.17  Project eligibility at PFC levels of $4 or $4.50.

    (a) A project for any airport is eligible for PFC funding at levels 
of $4 or $4.50 if--
    (1) The project meets the eligibility requirements of Sec. 158.15;
    (2) The project costs requested for collection at $4 or $4.50 cannot 
be paid for from funds reasonably expected to be available for the 
programs referred to in 49 U.S.C. 48103; and
    (3) In the case of a surface transportation or terminal project, the 
public agency has made adequate provision for financing the airside 
needs of the airport, including runways, taxiways, aprons, and aircraft 
gates.
    (b) In addition, a project for a medium or large airport is only 
eligible for PFC funding at levels of $4 or $4.50 if the project will 
make a significant contribution to improving air safety and security, 
increasing competition among air carriers, reducing current or 
anticipated congestion, or reducing the impact of aviation noise on 
people living near the airport.

[Doc. No. FAA-2000-7402, 65 FR 34541, May 30, 2000]



Sec. 158.19  Requirement for competition plans.

    (a) Beginning in fiscal year 2001, no public agency may impose a PFC 
with respect to a covered airport unless the public agency has submitted 
a written competition plan. This requirement does not apply to PFC 
authority approved prior to April 5, 2000.
    (b) The Administrator will review any plan submitted under paragraph 
(a) of this section to ensure that it meets the requirements of 49 
U.S.C. 47106(f) and periodically will review its implementation to 
ensure that each covered airport successfully implements its plan.

[Doc. No. FAA-2000-7402, 65 FR 34541, May 30, 2000]



                   Subpart B--Application and Approval



Sec. 158.21  General.

    This subpart specifies the consultation and application requirements 
under which a public agency may obtain approval to impose a PFC and use 
PFC revenue on a project. This subpart also establishes the procedure 
for the Administrator's review and approval of applications and 
amendments and establishes requirements for use of excess PFC revenue.



Sec. 158.23  Consultation with air carriers and foreign air carriers.

    (a) Notice by public agency. Prior to submitting an application to 
the FAA for authority to impose a PFC under Sec. 158.25(b) and for 
project approval under Sec. 158.25(c), a public agency shall provide 
written notice to all air carriers and foreign air carriers operating at 
the airport except those air carriers that the public agency may choose 
to request not to collect PFC's as provided by Sec. 158.11. The notice 
shall include--
    (1) Descriptions of projects being considered for funding by PFC's;
    (2) The PFC level for each project, the proposed charge effective 
date, the

[[Page 185]]

estimated charge expiration date, and the estimated total PFC revenue;
    (3) For a request by a public agency that any class or classes of 
carriers not be required to collect the PFC--
    (i) The designation of each such class,
    (ii) The names of the carriers belonging to each such class, to the 
extent the names are known,
    (iii) The estimated number of passengers enplaned annually by each 
such class, and
    (iv) The public agency's reasons for requesting that carriers in 
each such class not be required to collect the PFC; and
    (4) Except as provided in Sec. 158.25(c)(2), the date and location 
of a meeting at which the public agency will present such projects to 
air carriers and foreign air carriers operating at the airport.
    (b) Meeting. The meeting required by paragraph (a)(4) of this 
section shall be held no sooner than 30 days nor later than 45 days 
after issuance of the written notice required by paragraph (a) of this 
section. At or before the meeting, the public agency shall provide air 
carriers and foreign air carriers with--
    (1) A description of projects;
    (2) An explanation of the need for the projects; and
    (3) A detailed financial plan for the projects, including--
    (i) The estimated allowable project costs allocated to major project 
elements;
    (ii) The anticipated total amount of PFC revenue that will be used 
to finance the projects; and
    (iii) The source and amount of other funds, if any, needed to 
finance the projects.
    (c) Requirements of air carriers and foreign air carriers. (1) 
Within 30 days following issuance of the notice required by paragraph 
(a) of this section, each carrier must provide the public agency with a 
written acknowledgement that it received the notice.
    (2) Within 30 days following the meeting, each carrier must provide 
the public agency with a written certification of its agreement or 
disagreement with the proposed project. A certification of disagreement 
shall contain the reasons for such disagreement. The absence of such 
reasons shall void a certification of disagreement.
    (3) If a carrier fails to provide the public agency with timely 
acknowledgement of the notice or timely certification of agreement or 
disagreement with the proposed project, the carrier is considered to 
have certified its agreement.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34541, May 30, 2000]



Sec. 158.25  Applications.

    (a) General. This section specifies the information to be submitted 
by a public agency when applying for the authority to impose a PFC and 
for the authority to use PFC revenue on a project. A public agency may 
apply for the authority to impose a PFC at any commercial service 
airport it controls to finance airport-related projects to be carried 
out at that airport or at any existing or proposed airport which the 
public agency controls. A public agency may apply for the authority to 
impose a PFC in advance of or concurrent with an application to use PFC 
revenue. Applications shall be submitted in a manner and form prescribed 
by the Administrator and shall include the information required under 
paragraphs (b) or (c), or both, of this section.
    (b) Application for authority to impose a PFC. This paragraph sets 
forth the information to be submitted by all public agencies seeking 
authority to impose a PFC. A separate application shall be submitted for 
each airport at which a PFC is to be imposed. The application shall be 
signed by an authorized official of the public agency, and, unless 
otherwise authorized by the Administrator, must include the following:
    (1) The name and address of the public agency.
    (2) The name and telephone number of the official submitting the 
application on behalf of the public agency.
    (3) The official name of the airport at which the PFC is to be 
imposed.
    (4) The official name of the airport at which a project is proposed.
    (5) A copy of the airport capital plan or other documentation of 
planned improvements for each airport at which a PFC financed project is 
proposed.

[[Page 186]]

    (6) A description of each project proposed.
    (7) The project justification, including the extent to which the 
project achieves one or more of the objectives set forth in 
Sec. 158.15(a) and (if a PFC level above $3 is requested) the 
requirements of Sec. 158.17. In addition--
    (i) For any project for terminal development, including gates and 
related areas, the public agency shall discuss any existing conditions 
that limit competition between and among air carriers and foreign air 
carriers at the airport, any initiatives it proposes to foster 
opportunities for enhanced competition between and among such carriers, 
and the expected results of such initiatives; or
    (ii) For any terminal development project at a covered airport, the 
public agency shall submit a competition plan in accordance with 
Sec. 158.19.
    (8) The charge to be imposed for each project.
    (9) The proposed charge effective date.
    (10) The estimated charge expiration date.
    (11) A summary of consultation with air carriers and foreign air 
carriers operating at the airport, including--
    (i) A list of such carriers and those notified;
    (ii) A list of carriers that acknowledged receipt of the notice 
provided Sec. 158.23(a);
    (iii) Lists of carriers that certified agreement and that certified 
disagreement with the project; and
    (iv) A summary of substantive comments by carriers contained in any 
certifications of disagreement with the project, and the public agency's 
reasons for proceeding.
    (12) If the public agency is also filing a request under 
Sec. 158.11--
    (i) The request;
    (ii) A copy of the information provided to the carriers under 
Sec. 158.23(a)(3);
    (iii) A copy of the carriers' comments with respect to such 
information;
    (iv) A list of any class or classes of carriers that would not be 
required to collect a PFC if the request is approved; and
    (v) The public agency's reasons for submitting the request in the 
face of any opposing comments.
    (13) A copy of information regarding the financing of the project 
presented to the carriers and foreign air carriers under Sec. 158.23 of 
this part and as revised during consultation.
    (14) For an application not accompanied by a concurrent application 
for authority to use PFC revenue:
    (i) A description of any alternative methods being considered by the 
public agency to accomplish the objectives of the project;
    (ii) A description of alternative uses of the PFC revenue to ensure 
such revenue will be used only on eligible projects in the event the 
proposed project is not approved;
    (iii) A timetable with projected dates for completion of project 
formulation activities and submission of an application to use PFC 
revenue; and
    (iv) A projected date of project implementation and completion.
    (15) A signed statement certifying that the public agency will 
comply with the assurances set forth in Appendix A to this part.
    (16) Such additional information as the Administrator may require.
    (c) Application for authority to use PFC revenue. A public agency 
may use PFC revenue only for projects approved under this paragraph. 
This paragraph sets forth the information that a public agency shall 
submit, unless otherwise authorized by the Administrator, when applying 
for the authority to use PFC revenue to finance specific projects.
    (1) An application submitted concurrently with an application for 
the authority to impose a PFC, must include:
    (i) The information required under paragraphs (b) (1) through (13) 
of this section;
    (ii) A signed certification that--
    (A) For projects required to be shown on an ALP, the ALP depicting 
the project has been approved by the FAA and the date of such approval;
    (B) All environmental reviews required by the National Environmental 
Policy Act (NEPA) of 1969 have been completed and a copy of the final 
FAA environmental determination with respect to the project has been 
approved, and the date of such approval, if such determination is 
required; and
    (C) The final FAA airspace determination with respect to the project

[[Page 187]]

has been completed, and the date of such determination, if an airspace 
study is required.
    (iii) The estimated project implementation date, schedule and 
completion date; and
    (iv) The information required by Sec. 158.25(b)(15) and (16).
    (2) An application where the authority to impose a PFC has 
previously been approved--
    (i) Shall be preceded by further consultation with air carriers and 
foreign air carriers as set forth under Sec. 158.23 of this part, except 
that the meeting required under Sec. 158.23(a)(4) is optional; and
    (ii) Shall include, in addition to a summary of further consultation 
conducted under paragraph (c)(2)(i) of this section, the following, 
updated and revised where appropriate--
    (A) The information required by paragraphs (b) (1), (2), (4), (5), 
(6), (7), (10) and (13) of this section;
    (B) The information required by paragraph (c)(1)(ii) of this 
section; and
    (C) The information required by paragraphs (b) (15) and (16) of this 
section.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; 
Amdt. 158-2, 65 FR 34542, May 30, 2000]



Sec. 158.27  Review of applications.

    (a) General. This section describes the process for review of all 
applications filed under Sec. 158.25 of this part.
    (b) Determination of completeness. Within 30 days after receipt of 
an application by the FAA Airports office, the Administrator determines 
whether the application substantially complies with the requirements of 
Sec. 158.25.
    (c) Process for substantially complete application. If the 
Administrator determines the application is substantially complete, the 
following procedures apply:
    (1) The Administrator advises the public agency by letter that its 
application is substantially complete.
    (2) The Administrator publishes a notice in the Federal Register 
advising that the Administrator intends to rule on the application and 
inviting public comment, as set forth in paragraph (e) of this section. 
A copy of the notice is also provided to the public agency.
    (3) The public agency--
    (i) Shall make available for inspection, upon request, a copy of the 
application, notice, and other documents germane to the application, and
    (ii) May publish the notice in a newspaper of general circulation in 
the area where the airport covered by the application is located.
    (4) Following review of the application and public comments, the 
Administrator issues a final decision approving or disapproving the 
application, in whole or in part, no later than 120 days after the 
application was received by the FAA Airports office.
    (d) Process for applications not substantially complete. If the 
Administrator determines an application is not substantially complete, 
the following procedures apply:
    (1) The Administrator notifies the public agency in writing that its 
application is not substantially complete. The notification will list 
the information required to complete the application.
    (2) Within 15 days after the Administrator sends such notification, 
the public agency shall advise the Administrator in writing whether it 
intends to supplement its application.
    (3) If the public agency declines to supplement the application, the 
Administrator follows the procedures for review of an application set 
forth in paragraph (c) of this section and issues a final decision 
approving or disapproving the application, in whole or in part, no later 
than 120 days after the application was received by the FAA Airports 
office.
    (4) If the public agency supplements its application, the original 
application is deemed to be withdrawn for purposes of applying the 
statutory deadline for the Administrator's decision. Upon receipt of the 
supplement, the Administrator issues a final decision approving or 
disapproving the supplemented application, in whole or in part, no later 
than 120 days after the supplement was received by the FAA Airports 
office.
    (e) The Federal Register notice. The Federal Register notice 
includes the following information:
    (1) The name of the public agency and the airport at which the PFC 
is to be imposed;

[[Page 188]]

    (2) A brief description of the PFC project, the level of the 
proposed PFC, the proposed charge effective date, the proposed charge 
expiration date and the total estimated PFC revenue;
    (3) The address and telephone number of the FAA Airports office at 
which the application may be inspected;
    (4) The Administrator's determination on whether the application is 
substantially complete and any information required to complete the 
application; and
    (5) The due dates for any public comments.
    (f) Public comments. (1) Interested persons may file comments on the 
application within 30 days after publication of the Administrator's 
notice in the Federal Register.
    (2) Three copies of these comments shall be submitted to the FAA 
Airports office identified in the Federal Register notice.
    (3) Commenters shall also provide one copy of their comments to the 
public agency.
    (4) Comments from air carriers and foreign air carriers may be in 
the same form as provided to the public agency under Sec. 158.23.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991]



Sec. 158.29  The Administrator's decision.

    (a) Authority to impose a PFC. (1) An application to impose a PFC 
will be approved in whole or in part only after a determination that--
    (i) The amount and duration of the PFC will not result in revenue 
that exceeds amounts necessary to finance the project;
    (ii) The project will achieve the objectives and criteria set forth 
in Sec. 158.15;
    (iii) If a PFC level above $3 is being approved, the project meets 
the criteria set forth in Sec. 158.17;
    (iv) The collection process, including any request by the public 
agency not to require a class of carriers to collect PFC's, is 
reasonable, not arbitrary, nondiscriminatory, and otherwise in 
compliance with the law;
    (v) The public agency has not been found to be in violation of 49 
U.S.C. 47524 and 47526;
    (vi) The public agency has not been found to be in violation of 49 
U.S.C. 47107(b) governing the use of airport revenue;
    (vii) If the public agency has not applied for authority to use PFC 
revenue, a finding that there are alternative uses of the PFC revenue to 
ensure that such revenue will be used on approved projects; and
    (viii) If applicable, the public agency has submitted a competition 
plan in accordance with Sec. 158.19.
    (2) The Administrator notifies the public agency in writing of the 
decision on the application. The notification will list the projects and 
alternative uses that may qualify for PFC financing under Sec. 158.15, 
and (if a PFC level above $3 is being approved) Sec. 158.17, PFC level, 
total approved PFC revenue including the amounts approved at $3 and 
less, $4, and/or $4.50, duration of authority to impose and earliest 
permissible charge effective date.
    (b) Authority to use PFC revenue on an approved project. (1) An 
application for authority to use PFC revenue will be approved in whole 
or in part only after a determination that--
    (i) The amount and duration of the PFC will not result in revenue 
that exceeds amounts necessary to finance the project;
    (ii) The project will achieve the objectives and criteria set forth 
in Sec. 158.15;
    (iii) If a PFC level above $3 is being approved, the project meets 
the criteria set forth in Sec. 158.17; and
    (iv) All applicable requirements pertaining to the ALP for the 
airport, airspace studies for the project, and the National 
Environmental Policy Act of 1969 (NEPA), have been satisfied.
    (2) The Administrator notifies the public agency in writing of the 
decision on the application. The notification will list the approved 
projects, PFC level, total approved PFC revenue, total approved for 
collection, including the amounts approved at $3 and less, $4, and/or 
$4.50, and any limit on the duration of authority to impose a PFC as 
prescribed under Sec. 158.33.
    (3) Approval to use PFC revenue to finance a project shall be 
construed as approval of that project.

[[Page 189]]

    (c) Disapproval of application. (1) If an application is 
disapproved, the Administrator notifies the public agency in writing of 
the decision and the reasons for the disapproval.
    (2) A public agency reapplying for approval to impose or use a PFC 
shall comply with Secs. 158.23 and 158.25 of this part.
    (d) The Administrator publishes a monthly notice of PFC approvals 
and disapprovals in the Federal Register.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991; 
Amdt. 158-2, 65 FR 34542, May 30, 2000]



Sec. 158.31  Duration of authority to impose a PFC after project implementation.

    A public agency that has begun implementation of a project approved 
under Sec. 158.29 is authorized to impose a PFC until--
    (a) The charge expiration date is reached;
    (b) The total PFC revenue collected plus interest thereon will equal 
the allowable cost of the approved project;
    (c) The authority to collect the PFC is terminated by the 
Administrator under subpart E of this part; or
    (d) The public agency is determined by the Administrator to be in 
violation of 49 U.S.C. 47524 and 47526, and the authority to collect the 
PFC is terminated under that statute's implementing regulations under 
this title.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34542, May 30, 2000]



Sec. 158.33  Duration of authority to impose a PFC before project implementation.

    (a) A public agency shall not impose a PFC beyond the lesser of the 
following--
    (1) 2 years after approval to use PFC revenue on an approved project 
if the project has not been implemented, or
    (2) 5 years after the charge effective date if an approved project 
is not implemented.
    (b) If, in the Administrator's judgment, the public agency has not 
made sufficient progress toward implementation of an approved project 
within the times specified in paragraph (a) of this section, the 
Administrator begins termination proceedings under subpart E of this 
part.
    (c) The authority to impose a PFC following approval shall 
automatically expire without further action by the Administrator on the 
following dates:
    (1) 3 years after the charge effective date unless--
    (i) The public agency has filed an application for approval to use 
PFC revenue for an eligible project that is pending before the FAA;
    (ii) An application to use PFC revenue has been approved; or
    (iii) A request for extension (not to exceed 2 years) to submit an 
application for project approval, under Sec. 158.35, has been granted; 
or
    (2) 5 years after the charge effective date unless the public agency 
has obtained project approval.
    (d) If the authority to impose a PFC expires under paragraph (c) of 
this section, the public agency must provide the FAA with a list of the 
air carriers and foreign air carriers operating at the airport and all 
other collecting carriers that have remitted PFC revenue to the public 
agency in the preceding 12 months. The FAA notifies each of the listed 
carriers to terminate PFC collection no later than 30 days after the 
date of notification by the FAA.
    (e) Restriction on reauthorization to impose a PFC. Whenever the 
authority to impose a PFC has expired or been terminated under this 
section, the Administrator will not grant new approval to impose a PFC 
in advance of implementation of an approved project.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991]



Sec. 158.35  Extension of time to submit application to use PFC revenue.

    (a) A public agency may request an extension of time to submit an 
application to use PFC revenue after approval of an application to 
impose PFC's. At least 30 days prior to submitting such request, the 
public agency shall publish notice of its intention to request an 
extension in a local newspaper of general circulation and shall request 
comments. The notice shall include progress on the project, a revised 
schedule for obtaining project approval and reasons for the delay in 
submitting the application.

[[Page 190]]

    (b) The request shall be submitted at least 120 days prior to the 
charge expiration date and, unless otherwise authorized by the 
Administrator, shall be accompanied by the following:
    (1) A description of progress on the project application to date.
    (2) A revised schedule for submitting the application.
    (3) An explanation of the reasons for delay in submitting the 
application.
    (4) A summary financial report depicting the total amount of PFC 
revenue collected plus interest, the projected amount to be collected 
during the period of the requested extension, and any public agency 
funds used on the project for which reimbursement may be sought.
    (5) A summary of any further consultation with air carriers and 
foreign air carriers operating at the airport.
    (6) A summary of comments received in response to the local notice.
    (c) The Administrator reviews the request for extension and 
accompanying information, to determine whether--
    (1) The public agency has shown good cause for the delay in applying 
for project approval;
    (2) The revised schedule is satisfactory; and
    (3) Further collection will not result in excessive accumulation of 
PFC revenue.
    (d) The Administrator, upon determining that the agency has shown 
good cause for the delay and that other elements of the request are 
satisfactory, grants the request for extension to the public agency. The 
Administrator advises the public agency in writing not more than 90 days 
after receipt of the request. The duration of the extension shall be as 
specified in Sec. 158.33 of this part.



Sec. 158.37  Amendment of approved PFC.

    (a) A public agency may, without consultation or approval by the 
Administrator, institute a decrease in the level of PFC to be collected 
from each passenger, institute a decrease in the total PFC revenue, or 
an increase in the total approved PFC revenue of 15 percent or less. The 
public agency shall notify the collecting carriers and the FAA in 
writing of these changes. Any new charge will be effective on the first 
day of a month which is at least 60 days from the time the public agency 
notifies the carriers.
    (b) Subject to paragraph (b)(1) or (b)(2) of this section, an 
approved PFC may be amended to increase the level of PFC to be collected 
from each passenger, increase the total approved PFC revenue by more 
than 15 percent, materially alter the scope of an approved project, 
establish a new class of carriers under Sec. 158.11 or amend any such 
class previously approved. The public agency must submit to the 
Administrator a notification of any proposal to institute such an 
amendment. Such notification shall include written evidence of further 
consultation with and agreement or disagreement by the air carriers and 
foreign air carriers operating at the airport, justification for the 
amendment, and such other information as may be requested by the 
Administrator.
    (1) With the exception of a change in PFC level to more than $3 or 
an amendment of a PFC that is subject to a competition plan under 
Sec. 158.19, in the event of no carrier disagreement with a change 
proposed under this paragraph (b), the public agency may institute the 
proposed amendment unless, within 30 days after providing the 
notification required under this paragraph (b), it is notified otherwise 
by the Administrator.
    (i) If a PFC level of more than $3 is requested, the Administrator 
notifies the public agency that the conditions of Sec. 158.17 have been 
met before the higher level can be instituted.
    (ii) If a PFC amendment that is subject to the competition plan 
requirement is submitted, the Administrator notifies the public agency 
that the plan satisfies the requirements of Sec. 158.19.
    (iii) The public agency shall notify the carriers of the effective 
date of any change to the approved PFC resulting from the amendment, 
subject to the limitation that the effective date of any new charge 
shall be no earlier than the first day of a month which is at least 60 
days from the time the public agency notifies the carriers.
    (2) In the event of any carrier disagreement with a change proposed 
under paragraph (b) of this section, the public agency shall submit a 
request to

[[Page 191]]

the Administrator that the proposed amendment be approved. In addition 
to the notification and written evidence required under that paragraph, 
the public agency shall submit the reasons presented by the carriers for 
disagreeing with the proposed amendment, its reasons for requesting the 
amendment in the face of such disagreement, and such other information 
as may be requested by the Administrator. The Administrator reviews and 
approves or disapproves the amendment within 120 days of receipt of the 
request following such consultation, public notice and opportunity for 
comment as the Administrator may deem appropriate. If the amendment is 
approved, the Administrator advises the public agency and notification 
to the carriers will be as provided under paragraph (b)(1) of this 
section. If a PFC level of more than $3 is requested, the Administrator 
must find that the conditions of Sec. 158.17, and Sec. 158.19 if 
applicable, have been met before that PFC level can be instituted. If 
the amendment is approved, the Administrator advises the public agency 
and notification to the carriers will be as provided under paragraph 
(b)(1) of this section. The notification to the carrier includes any 
findings required by Sec. 158.17 or Sec. 158.19.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34542, May 30, 2000]



Sec. 158.39  Use of excess PFC revenue.

    (a) If the amount of PFC revenue remitted to the public agency, plus 
interest, exceeds allowable costs of the project, excess funds shall be 
used for approved projects or retirement of outstanding PFC-financed 
bonds.
    (b) For bond-financed projects, any excess PFC revenue collected 
under debt servicing requirements shall be retained by the public agency 
and used for approved projects or retirement of outstanding PFC-financed 
bonds.
    (c) When the authority to impose a PFC has expired or has been 
terminated, accumulated PFC revenue shall be used for approved projects 
or retirement of outstanding PFC-financed bonds.
    (d) Within 30 days after the authority to impose a PFC has expired 
or has been terminated, the public agency shall present a plan to the 
appropriate FAA Airports office to begin using accumulated PFC revenue. 
The plan shall include a timetable for the submission of any necessary 
application under Sec. 158.25(c) of this part. If the public agency 
fails to submit such a plan or if the plan is not acceptable to the 
Administrator, the Administrator offsets Federal airport grant program 
apportioned funds.



        Subpart C--Collection, Handling, and Remittance of PFC's



Sec. 158.41  General.

    This subpart contains the requirements for notification, collection, 
handling and remittance of PFC's.



Sec. 158.43  Public agency notification to collect PFC's.

    (a) Following approval of an application to impose a PFC under 
subpart B of this part, the public agency shall notify the air carriers 
and foreign air carriers required to collect PFC's at its airport of the 
Administrator's approval. Each notified carrier shall notify its agents, 
including other issuing carriers, of the collection requirement.
    (b) The notification shall be in writing and contain at a minimum 
the following information:
    (1) The level of PFC to be imposed.
    (2) The total revenue to be collected.
    (3) The charge effective date which will be the first day of a month 
which is at least 60 days from the date the public agency notifies the 
carriers of approval to impose the PFC.
    (4) The proposed charge expiration date.
    (5) A copy of the Administrator's notice of approval.
    (6) The address where remittances and reports are to be filed by 
carriers.
    (c) The public agency shall notify carriers required to collect 
PFC's at its airport of changes in the charge expiration date. Each 
notified carrier shall notify its agents, including other issuing 
carriers, of such changes.
    (d) The public agency shall provide a copy of the notification to 
the appropriate FAA Airports office.

[[Page 192]]



Sec. 158.45  Collection of PFC's on tickets issued in the U.S.

    (a) On and after the charge effective date, tickets issued in the 
U.S. shall include the required PFC except as provided in paragraphs (c) 
and (d) of this section.
    (1) Issuing carriers shall be responsible for all funds from time of 
collection to remittance.
    (2) The appropriate charge is the PFC in effect at the time the 
ticket is issued.
    (3) Issuing carriers and their agents shall collect the PFC's based 
upon the itinerary at the time of issuance. Any changes in itinerary 
that are initiated by a passenger that require an adjustment to the 
amount paid by the passenger are subject to collection or refund of the 
PFC as appropriate.
    (b) Issuing carriers and their agents shall note as a separate item 
on each air travel ticket upon which a PFC is shown, the total amount of 
PFC's paid by the passenger and the airports for which the PFC's are 
collected.
    (c) For each one-way trip shown on the complete itinerary of an air 
travel ticket, issuing air carriers and their agents shall collect a PFC 
from a passenger only for the first two airports where PFC's are 
imposed. For each round trip, a PFC shall be collected only for 
enplanements at the first two enplaning airports and the last two 
enplaning airports where PFC's are imposed.
    (d) In addition to the restriction in paragraph (c) of this section, 
issuing carriers and their agents shall not collect PFC's from a 
passenger covered by any of the other limitations described in 
Sec. 158.9(a).
    (e) Collected PFC's shall be distributed as noted on the air travel 
ticket.
    (f) Issuing carriers and their agents shall stop collecting the 
PFC's on the charge expiration date stated in a notice from the public 
agency, or as required by the Administrator.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34542, May 30, 2000]



Sec. 158.47  Collection of PFC's on tickets issued outside the U.S.

    (a) With respect to tickets issued outside the U.S., an air carrier 
or foreign air carrier may follow the requirements of either Sec. 158.45 
of this part or this section.
    (b) Notwithstanding any other provisions of this part, no foreign 
airline is required to collect a PFC on air travel tickets issued on its 
own ticket stock unless it serves a point or points in the U.S.
    (c) If an air carrier or foreign air carrier elects not to comply 
with Sec. 158.45 for tickets issued outside the U.S.--
    (1) The carrier is required to collect PFC's on such tickets only 
for the public agency controlling the last airport at which the 
passenger is enplaned prior to departure from the U.S.
    (2) The carrier may collect the PFC either at the time the ticket is 
issued or at the time the passenger is last enplaned prior to departure 
from the U.S. The carrier may vary the method of collection among its 
flights.
    (3) The carrier shall provide a written record to the passenger that 
a PFC has been collected. Such a record shall appear on or with the air 
travel ticket and shall include the same information as required by 
Sec. 158.45(b), but need not be preprinted on the ticket stock.
    (4) The carrier shall collect the PFC based upon the itinerary at 
the time of issuance. Any changes in itinerary that are initiated by a 
passenger and that require an adjustment of the amount paid by the 
passenger are subject to collection or refund of the PFC as appropriate.
    (d) With respect to a flight on which the air carrier or foreign air 
carrier chooses to collect the PFC at the time the air travel ticket is 
issued--
    (1) The carrier and its agents shall collect the required PFC on 
tickets issued on or after the charge effective date.
    (2) The carrier is not required to collect PFC's at the time of 
enplanement for tickets sold by other air carriers or foreign air 
carriers or their agents.
    (e) With respect to a flight on which the air carrier or foreign air 
carrier chooses to collect the PFC at the time of enplanement, the 
carrier shall examine the air travel ticket of each passenger enplaning 
at the airport on and after the charge effective date and shall collect 
the PFC from any passenger whose air travel ticket does not

[[Page 193]]

include a written record indicating that the PFC was collected at the 
time of issuance.
    (f) Collected PFC's shall be distributed as noted on the written 
record provided to the passenger.
    (g) Collecting carriers shall be responsible for all funds from time 
of collection to remittance.
    (h) Collecting carriers and their agents shall stop collecting the 
PFC on the charge expiration date stated in a notice from the public 
agency, or as required by the Administrator.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991]



Sec. 158.49  Handling of PFC's.

    (a) Collecting carriers shall establish and maintain a financial 
management system to account for PFC's in accordance with the Department 
of Transportation's Uniform System of Accounts and Reports (14 CFR part 
241). For carriers not subject to 14 CFR part 241, such carriers shall 
establish and maintain an accounts payable system to handle PFC revenue 
with subaccounts for each public agency to which such carrier remits PFC 
revenue.
    (b) PFC revenue must be accounted for separately by collecting 
carriers, but the revenue may be commingled with the carrier's other 
sources of revenue. The PFC revenues that are held by an air carrier or 
an agent of the carrier after collection of a PFC constitute a trust 
fund that is held by the air carrier or agent for the beneficial 
interest of the public agency imposing the PFC. Such carrier or agent 
holds neither legal nor equitable interest in the PFC revenues except 
for any handling fee or retention of interest collected on unremitted 
proceeds as authorized in Sec. 158.53.
    (c) Each collecting carrier shall be required to disclose the 
existence and amount of funds regarded as trust funds in financial 
statements.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34542, May 30, 2000]



Sec. 158.51  Remittance of PFC's.

    Passenger facility charges collected by carriers shall be remitted 
to the public agency on a monthly basis. PFC revenue recorded in the 
accounting system of the carrier, as set forth in Sec. 158.49 of this 
part, shall be remitted to the public agency no later than the last day 
of the following calendar month (or if that date falls on a weekend or 
holiday, the first business day thereafter).



Sec. 158.53  Collection compensation.

    As compensation for collecting, handling and remitting the PFC 
revenue, the collecting air carrier shall be entitled to:
    (a) Retain $0.12 of each PFC remitted on or before June 28, 1994. 
Thereafter, air carriers shall be entitled to $0.08 of each PFC 
remitted; and
    (b) Any interest or other investment return earned on PFC revenue 
between the time of collection and remittance to the public agency.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991]



             Subpart D--Reporting, Recordkeeping and Audits



Sec. 158.61  General.

    This subpart contains the requirements for reporting, recordkeeping 
and auditing of accounts maintained by collecting carriers and by public 
agencies.



Sec. 158.63  Reporting requirements: Public agency.

    (a) The public agency shall provide quarterly reports to carriers 
collecting PFC's for the public agency with a copy to the appropriate 
FAA Airports office. The quarterly report shall include PFC revenue 
received from collecting carriers, interest earned, and expenditures for 
the quarter; cumulative PFC revenue received, interest earned, 
expenditures, and the amount committed for use on currently approved 
projects, including the quarter; the PFC level for each project; and the 
current project schedule.
    (b) The report shall be provided on or before the last day of the 
calendar month following the calendar quarter or other period agreed by 
the public agency and collecting carrier.
    (c) For medium or large hub airports, the public agency must provide 
the

[[Page 194]]

FAA, by August l of each year, an estimate of PFC revenue to be 
collected for each such airport in the ensuing fiscal year.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34542, May 30, 2000]



Sec. 158.65  Reporting requirement: Collecting carrier.

    Each carrier collecting PFC's for a public agency shall file 
quarterly reports to the public agency unless otherwise agreed by the 
collecting carrier and public agency, providing an accounting of funds 
collected and funds remitted.
    (a) Unless otherwise agreed by the collecting carrier and public 
agency, reports shall state the collecting carrier and airport involved, 
the total PFC revenue collected, the total amount of PFC revenue 
refunded to passengers, and the amount of collected revenue withheld by 
the collecting carrier for reimbursement of expenses in accordance with 
Sec. 158.53 of this part. The report shall include the dates and amounts 
of each remittance for the quarter.
    (b) The report shall be filed on or before the last day of the 
calendar month following the calendar quarter or other period agreed by 
the collecting carrier and public agency for which funds were collected.



Sec. 158.67  Recordkeeping and auditing: Public agency.

    (a) Each public agency shall keep any unliquidated PFC revenue 
remitted to it by collecting carriers on deposit in an interest bearing 
account or in other interest bearing instruments used by the public 
agency's airport capital fund. Interest earned on such PFC revenue shall 
be used, in addition to the principal, to pay the allowable costs of 
PFC-funded projects. PFC revenue may only be commingled with other 
public agency airport capital funds in deposits or interest bearing 
instruments.
    (b) Each public agency shall establish and maintain for each 
approved application a separate accounting record. The accounting record 
shall identify the PFC revenue received from the collecting carriers, 
interest earned on such revenue, the amounts used on each project, and 
the amount reserved for currently approved projects.
    (c) At least annually during the period the PFC is collected, held 
or used, each public agency shall provide for an audit of its PFC 
account. The audit shall be performed by an accredited independent 
public accountant and may be of limited scope. The accountant shall 
express an opinion of the fairness and reasonableness of the public 
agency's procedures for receiving, holding, and using PFC revenue. The 
accountant shall also express an opinion on whether the quarterly report 
required under Sec. 158.63 fairly represents the net transactions within 
the PFC account. The audit may be--
    (1) Performed specifically for the PFC account; or
    (2) Conducted as part of an audit under the Single Agency Audit Act 
of 1983 (31 U.S.C. 7501-7) provided that the PFC is specifically 
addressed by the auditor.
    (3) Upon request, a copy of the audit shall be provided to each 
collecting carrier that remitted PFC revenue to the public agency in the 
period covered by the audit and to the Administrator.



Sec. 158.69  Recordkeeping and auditing: Collecting carriers.

    (a) Collecting carriers shall establish and maintain for each public 
agency for which they collect a PFC an accounting record of PFC revenue 
collected, remitted, refunded and compensation retained under 
Sec. 158.53(a) of this part. The accounting record shall identify the 
airport at which the passengers were enplaned.
    (b) Each collecting carrier that collects more than 50,000 PFC's 
annually shall provide for an audit at least annually of its PFC 
account.
    (1) The audit shall be performed by an accredited independent public 
accountant and may be of limited scope. The accountant shall express an 
opinion on the fairness and reasonableness of the carrier's procedures 
for collecting, holding, and dispersing PFC revenue. The opinion shall 
also address whether the quarterly reports required under Sec. 158.65 
fairly represent the net transactions in the PFC account.
    (2) For the purposes of an audit under this section, collection is 
defined as

[[Page 195]]

the point when agents or other intermediaries remit PFC revenue to the 
carrier.
    (3) Upon request, a copy of the audit shall be provided to each 
public agency for which a PFC is collected.



Sec. 158.71  Federal oversight.

    (a) The Administrator may periodically audit and/or review the use 
of PFC revenue by a public agency. The purpose of the audit or review is 
to ensure that the public agency is in compliance with the requirements 
of this part and 49 U.S.C. 40117.
    (b) The Administrator may periodically audit and/or review the 
collection and remittance by the collecting carriers of PFC revenue. The 
purpose of the audit or review is to ensure collecting carriers are in 
compliance with the requirements of this part and 49 U.S.C. 40117.
    (c) Public agencies and carriers shall allow any authorized 
representative of the Administrator, the Secretary of Transportation, or 
the Comptroller General of the U.S., access to any of its books, 
documents, papers, and records pertinent to PFC's

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]



                         Subpart E--Termination



Sec. 158.81  General.

    This subpart contains the procedures for termination of PFC's or 
loss of Federal airport grant funds for violations of this part or 49 
U.S.C. 40117. This subpart does not address the circumstances under 
which authority to collect PFC's may be terminated for violations of the 
Airport Noise and Capacity Act of 1990.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]



Sec. 158.83  Informal resolution.

    The Administrator shall undertake informal resolution with the 
public agency or any other affected party if, after review under 
Sec. 158.71, the Administrator cannot determine that PFC revenue is 
being used for the approved projects in accordance with the terms of the 
Administrator's approval to impose a PFC for those projects or with 49 
U.S.C. 40117.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]



Sec. 158.85  Termination of authority to impose PFC's.

    (a) The FAA begins proceedings to terminate the public agency's 
authority to impose a PFC only if the Administrator determines that 
informal resolution is not successful.
    (b) The Administrator publishes a notice of proposed termination in 
the Federal Register and supplies a copy to the public agency. This 
notice will state the scope of the proposed termination, the basis for 
the proposed action and the date for filing written comments or 
objections by all interested parties. This notice will also identify any 
corrective actions the public agency can take to avoid further 
proceedings. The due date for comments and corrective action shall be no 
less than 60 days after publication of the notice.
    (c) If corrective action has not been taken as prescribed by the 
Administrator, the FAA holds a public hearing, and notice is given to 
the public agency and published in the Federal Register at least 30 days 
prior to the hearing. The hearing will be in a form determined by the 
Administrator to be appropriate to the circumstances and to the matters 
in dispute.
    (d) The Administrator publishes the final decision in the Federal 
Register. Where appropriate, the Administrator may prescribe corrective 
action, including any corrective action the public agency may yet take. 
A copy of the notice is also provided to the public agency.
    (e) Within 10 days of the date of publication of the notice of the 
Administrator's decision, the public agency shall--
    (1) Advise the FAA in writing that it will complete any corrective 
action prescribed in the decision within 30 days; or
    (2) Provide the FAA with a listing of the air carriers and foreign 
air carriers operating at the airport and all other issuing carriers 
that have remitted

[[Page 196]]

PFC revenue to the public agency in the preceding 12 months.
    (f) When the Administrator's decision does not provide for 
corrective action or the public agency fails to complete such action, 
the FAA provides a copy of the Federal Register notice to each air 
carrier and foreign air carrier identified in paragraph (e) of this 
section. Such carriers are responsible for terminating or modifying PFC 
collection no later than 30 days after the date of notification by the 
FAA.



Sec. 158.87  Loss of Federal airport grant funds.

    (a) If the Administrator determines that revenue derived from a PFC 
is excessive or is not being used as approved, the Administrator may 
reduce the amount of funds otherwise payable to the public agency under 
49 U.S.C. 47114. Such a reduction may be made as a corrective action 
under Sec. 158.83 or Sec. 158.85 of this part.
    (b) The amount of the reduction under paragraph (a) of this section 
shall equal the excess collected, or the amount not used in accordance 
with this part.
    (c) A reduction under paragraph (a) of this section shall not 
constitute a withholding of approval of a grant application or the 
payment of funds under an approved grant within the meaning of 49 U.S.C. 
47111(d).

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]



    Subpart F--Reduction in Airport Improvement Program Apportionment



Sec. 158.91  General.

    This subpart describes the required reduction in funds apportioned 
to a large or medium hub airport that imposes a PFC.



Sec. 158.93  Public agencies subject to reduction.

    The funds apportioned under 49 U.S.C. 47114 to a public agency for a 
specific primary commercial service airport that it controls are reduced 
if--
    (a) Such airport enplanes 0.25 percent or more of the total annual 
enplanements in the U.S., and
    (b) The public agency imposes a PFC at such airport.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]



Sec. 158.95  Implementation of reduction.

    (a) A reduction in apportioned funds will not take effect until the 
first fiscal year following the year in which the collection of the PFC 
is begun and will be applied in each succeeding fiscal year in which the 
public agency imposes the PFC.
    (b) The reduction in apportioned funds is calculated at the 
beginning of each fiscal year and shall be an amount equal to--
    (1) In the case of a fee of $3 or less, 50 percent of the projected 
revenues from the fee in the fiscal year but not by more than 50 percent 
of the amount that otherwise would be apportioned under this section; 
and
    (2) In the case of a fee of more than $3, 75 percent of the 
projected revenues from the fee in the fiscal year but not by more than 
75 percent of the amount that otherwise would be apportioned under this 
section.
    (c) If the projection of PFC revenue in a fiscal year is inaccurate, 
the reduction in apportioned funds may be increased or decreased in the 
following fiscal year, except that any further reduction shall not cause 
the total reduction to exceed 50 percent of such apportioned amount as 
would otherwise be apportioned in any fiscal year.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]



Sec. 158.97  Special rule for transitioning airports.

    (a) Beginning with the fiscal year following the first calendar year 
in which an airport has more than .25 percent of the total number of 
boardings in the U.S., the sum of the amount that would be apportioned 
under 49 U.S.C. 47114 to the public agency controlling that airport in a 
fiscal year, after application of Sec. 158.95, and the projected PFC 
revenues to be collected in such fiscal year, shall not be less than the 
sum of the

[[Page 197]]

apportionment to such airport for the preceding fiscal year and the PFC 
revenues collected in the preceding fiscal year.
    (b) Paragraph (a) of this section shall apply for fiscal years 2000 
through 2003.

[Doc. No. FAA-2000-7402, 65 FR 34543, May 30, 2000]

                   Appendix A to Part 158--Assurances

    A. General.
    1. These assurances shall be complied with in the conduct of a 
project funded with passenger facility charge (PFC) revenue.
    2. These assurances are required to be submitted as part of the 
application for approval of authority to impose a PFC under the 
provisions of 49 U.S.C. 40117.
    3. Upon approval by the Administrator of an application, the public 
agency is responsible for compliance with these assurances.
    B. Public agency certification. The public agency hereby assures and 
certifies, with respect to this project that:
    1. Responsibility and authority of the public agency. It has legal 
authority to impose a PFC and to finance and carry out the proposed 
project; that a resolution, motion or similar action has been duly 
adopted or passed as an official act of the public agency's governing 
body authorizing the filing of the application, including all 
understandings and assurances contained therein, and directing and 
authorizing the person identified as the official representative of the 
public agency to act in connection with the application.
    2. Compliance with regulation. It will comply with all provisions of 
14 CFR part 158.
    3. Compliance with state and local laws and regulations. It has 
complied, or will comply, with all applicable State and local laws and 
regulations.
    4. Environmental, airspace and airport layout plan requirements. It 
will not use PFC revenue on a project until the FAA has notified the 
public agency that--
    (a) Any actions required under the National Environmental Policy Act 
of 1969 have been completed;
    (b) The appropriate airspace finding has been made; and
    (c) The FAA Airport Layout Plan with respect to the project has been 
approved.
    5. Nonexclusivity of contractual agreements. It will not enter into 
an exclusive long-term lease or use agreement with an air carrier or 
foreign air carrier for projects funded by PFC revenue. Such leases or 
use agreements will not preclude the public agency from funding, 
developing, or assigning new capacity at the airport with PFC revenue.
    6. Carryover provisions. It will not enter into any lease or use 
agreement with any air carrier or foreign air carrier for any facility 
financed in whole or in part with revenue derived from a passenger 
facility charge if such agreement for such facility contains a carryover 
provision regarding a renewal option which, upon expiration of the 
original lease, would operate to automatically extend the term of such 
agreement with such carrier in preference to any potentially competing 
air carrier or foreign air carrier seeking to negotiate a lease or use 
agreement for such facilities.
    7. Competitive access. It agrees that any lease or use agreements 
between the public agency and any air carrier or foreign air carrier for 
any facility financed in whole or in part with revenue derived from a 
passenger facility charge will contain a provision that permits the 
public agency to terminate the lease or use agreement if--
    (a) The air carrier or foreign air carrier has an exclusive lease or 
use agreement for existing facilities at such airport; and
    (b) Any portion of its existing exclusive use facilities is not 
fully utilized and is not made available for use by potentially 
competing air carriers or foreign air carriers.
    8. Rates, fees and charges.
    (a) It will not treat PFC revenue as airport revenue for the purpose 
of establishing a rate, fee or charge pursuant to a contract with an air 
carrier or foreign air carrier.
    (b) It will not include in its rate base by means of depreciation, 
amortization, or any other method, that portion of the capital costs of 
a project paid for by PFC revenue for the purpose of establishing a 
rate, fee or charge pursuant to a contract with an air carrier or 
foreign air carrier.
    (c) Notwithstanding the limitation provided in subparagraph (b), 
with respect to a project for terminal development, gates and related 
areas, or a facility occupied or used by one or more air carriers or 
foreign air carriers on an exclusive or preferential basis, the rates, 
fees, and charges payable by such carriers that use such facilities will 
be no less than the rates, fees, and charges paid by such carriers using 
similar facilities at the airport that were not financed by PFC revenue.
    9. Standards and specifications. It will carry out the project in 
accordance with FAA airport design, construction and equipment standards 
and specifications contained in advisory circulars current on the date 
of project approval.
    10. Recordkeeping and Audit. It will maintain an accounting record 
for audit purposes for a period of 3 years after completion of the 
project. All records will satisfy the requirements of 14 CFR part 158 
and will contain documentary evidence for all items of project costs.
    11. Reports. It will submit reports in accordance with the 
requirements of 14 CFR

[[Page 198]]

part 158, subpart D, and as the Administrator may reasonably request.
    12. Airport Noise and Capacity Act of 1990. It understands 49 U.S.C. 
47524 and 47526 require the authority to impose a PFC be terminated if 
the Administrator determines the public agency has failed to comply with 
that act or with the implementing regulations promulgated thereunder.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]



PART 161--NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS--Table of Contents




                      Subpart A--General Provisions

Sec.
161.1  Purpose.
161.3  Applicability.
161.5  Definitions.
161.7  Limitations.
161.9  Designation of noise description methods.
161.11  Identification of land uses in airport noise study area.

                          Subpart B--Agreements

161.101  Scope.
161.103  Notice of the proposed restriction.
161.105  Requirements for new entrants.
161.107  Implementation of the restriction.
161.109  Notice of termination of restriction pursuant to an agreement.
161.111  Availability of data and comments on a restriction implemented 
          pursuant to an agreement.
161.113  Effect of agreements; limitation on reevaluation.

         Subpart C--Notice Requirements for Stage 2 Restrictions

161.201  Scope.
161.203  Notice of proposed restriction.
161.205  Required analysis of proposed restriction and alternatives.
161.207  Comment by interested parties.
161.209  Requirements for proposal changes.
161.211  Optional use of 14 CFR part 150 procedures.
161.213  Notification of a decision not to implement a restriction.

    Subpart D--Notice, Review, and Approval Requirements for Stage 3 
                              Restrictions

161.301  Scope.
161.303  Notice of proposed restrictions.
161.305  Required analysis and conditions for approval of proposed 
          restrictions.
161.307  Comment by interested parties.
161.309  Requirements for proposal changes.
161.311  Application procedure for approval of proposed restriction.
161.313  Review of application.
161.315  Receipt of complete application.
161.317  Approval or disapproval of proposed restriction.
161.319  Withdrawal or revision of restriction.
161.321  Optional use of 14 CFR part 150 procedures.
161.323  Notification of a decision not to implement a restriction.
161.325  Availability of data and comments on an implemented 
          restriction.

             Subpart E--Reevaluation of Stage 3 Restrictions

161.401  Scope.
161.403  Criteria for reevaluation.
161.405  Request for reevaluation.
161.407  Notice of reevaluation.
161.409  Required analysis by reevaluation petitioner.
161.411  Comment by interested parties.
161.413  Reevaluation procedure.
161.415  Reevaluation action.
161.417  Notification of status of restrictions and agreements not 
          meeting conditions-of-approval criteria.

               Subpart F--Failure to Comply With This Part

161.501  Scope.
161.503  Informal resolution; notice of apparent violation.
161.505  Notice of proposed termination of airport grant funds and 
          passenger facility charges.

    Authority: 49 U.S.C. 106(g), 47523-47527, 47533.

    Source: Docket No. 26432, 56 FR 48698, Sept. 25, 1991, unless 
otherwise noted.



                      Subpart A--General Provisions



Sec. 161.1  Purpose.

    This part implements the Airport Noise and Capacity Act of 1990 (49 
U.S.C. App. 2153, 2154, 2155, and 2156). It prescribes:
    (a) Notice requirements and procedures for airport operators 
implementing Stage 3 aircraft noise and access restrictions pursuant to 
agreements between airport operators and aircraft operators;
    (b) Analysis and notice requirements for airport operators proposing 
Stage 2 aircraft noise and access restrictions;

[[Page 199]]

    (c) Notice, review, and approval requirements for airport operators 
proposing Stage 3 aircraft noise and access restrictions; and
    (d) Procedures for Federal Aviation Administration reevaluation of 
agreements containing restrictions on Stage 3 aircraft operations and of 
aircraft noise and access restrictions affecting Stage 3 aircraft 
operations imposed by airport operators.



Sec. 161.3  Applicability.

    (a) This part applies to airports imposing restrictions on Stage 2 
aircraft operations proposed after October 1, 1990, and to airports 
imposing restrictions on Stage 3 aircraft operations that became 
effective after October 1, 1990.
    (b) This part also applies to airports enacting amendments to 
airport noise and access restrictions in effect on October 1, 1990, but 
amended after that date, where the amendment reduces or limits aircraft 
operations or affects aircraft safety.
    (c) The notice, review, and approval requirements set forth in this 
part apply to all airports imposing noise or access restrictions as 
defined in Sec. 161.5 of this part.



Sec. 161.5  Definitions.

    For the purposes of this part, the following definitions apply:
    Agreement means a document in writing signed by the airport 
operator; those aircraft operators currently operating at the airport 
that would be affected by the noise or access restriction; and all 
affected new entrants planning to provide new air service within 180 
days of the effective date of the restriction that have submitted to the 
airport operator a plan of operations and notice of agreement to the 
restriction.
    Aircraft operator, for purposes of this part, means any owner of an 
aircraft that operates the aircraft, i.e., uses, causes to use, or 
authorizes the use of the aircraft; or in the case of a leased aircraft, 
any lessee that operates the aircraft pursuant to a lease. As used in 
this part, aircraft operator also means any representative of the 
aircraft owner, or in the case of a leased aircraft, any representative 
of the lessee empowered to enter into agreements with the airport 
operator regarding use of the airport by an aircraft.
    Airport means any area of land or water, including any heliport, 
that is used or intended to be used for the landing and takeoff of 
aircraft, and any appurtenant areas that are used or intended to be used 
for airport buildings or other airport facilities or rights-of-way, 
together with all airport buildings and facilities located thereon.
    Airport noise study area means that area surrounding the airport 
within the noise contour selected by the applicant for study and must 
include the noise contours required to be developed for noise exposure 
maps specified in 14 CFR part 150.
    Airport operator means the airport proprietor.
    Aviation user class means the following categories of aircraft 
operators: air carriers operating under parts 121 or 129 of this 
chapter; commuters and other carriers operating under part 135 of this 
chapter; general aviation, military, or government operations.
    Day-night average sound level (DNL) means the 24-hour average sound 
level, in decibels, for the period from midnight to midnight, obtained 
after the addition of ten decibels to sound levels for the periods 
between midnight and 7 a.m., and between 10 p.m. and midnight, local 
time, as defined in 14 CFR part 150. (The scientific notation for DNL is 
Ldn).
    Noise or access restrictions means restrictions (including but not 
limited to provisions of ordinances and leases) affecting access or 
noise that affect the operations of Stage 2 or Stage 3 aircraft, such as 
limits on the noise generated on either a single-event or cumulative 
basis; a limit, direct or indirect, on the total number of Stage 2 or 
Stage 3 aircraft operations; a noise budget or noise allocation program 
that includes Stage 2 or Stage 3 aircraft; a restriction imposing limits 
on hours of operations; a program of airport-use charges that has the 
direct or indirect effect of controlling airport noise; and any other 
limit on Stage 2 or Stage 3 aircraft that has the effect of controlling 
airport noise. This definition does not include peak-period pricing 
programs where the objective is

[[Page 200]]

to align the number of aircraft operations with airport capacity.
    Stage 2 aircraft means an aircraft that has been shown to comply 
with the Stage 2 requirements under 14 CFR part 36.
    Stage 3 aircraft means an aircraft that has been shown to comply 
with the Stage 3 requirements under 14 CFR part 36.

[Doc. No. 26432, 56 FR 48698, Sept. 25, 1991, as amended by Amdt. 161-2, 
66 FR 21067, Apr. 27, 2001]



Sec. 161.7  Limitations.

    (a) Aircraft operational procedures that must be submitted for 
adoption by the FAA, such as preferential runway use, noise abatement 
approach and departure procedures and profiles, and flight tracks, are 
not subject to this part. Other noise abatement procedures, such as 
taxiing and engine runups, are not subject to this part unless the 
procedures imposed limit the total number of Stage 2 or Stage 3 aircraft 
operations, or limit the hours of Stage 2 or Stage 3 aircraft 
operations, at the airport.
    (b) The notice, review, and approval requirements set forth in this 
part do not apply to airports with restrictions as specified in 49 
U.S.C. App. 2153(a)(2)(C):
    (1) A local action to enforce a negotiated or executed airport 
aircraft noise or access agreement between the airport operator and the 
aircraft operator in effect on November 5, 1990.
    (2) A local action to enforce a negotiated or executed airport 
aircraft noise or access restriction the airport operator and the 
aircraft operators agreed to before November 5, 1990.
    (3) An intergovernmental agreement including airport aircraft noise 
or access restriction in effect on November 5, 1990.
    (4) A subsequent amendment to an airport aircraft noise or access 
agreement or restriction in effect on November 5, 1990, where the 
amendment does not reduce or limit aircraft operations or affect 
aircraft safety.
    (5) A restriction that was adopted by an airport operator on or 
before October 1, 1990, and that was stayed as of October 1, 1990, by a 
court order or as a result of litigation, if such restriction, or a part 
thereof, is subsequently allowed by a court to take effect.
    (6) In any case in which a restriction described in paragraph (b)(5) 
of this section is either partially or totally disallowed by a court, 
any new restriction imposed by an airport operator to replace such 
disallowed restriction, if such new restriction would not prohibit 
aircraft operations in effect on November 5, 1990.
    (7) A local action that represents the adoption of the final portion 
of a program of a staged airport aircraft noise or access restriction, 
where the initial portion of such program was adopted during calendar 
year 1988 and was in effect on November 5, 1990.
    (c) The notice, review, and approval requirements of subpart D of 
this part with regard to Stage 3 aircraft restrictions do not apply if 
the FAA has, prior to November 5, 1990, formed a working group (outside 
of the process established by 14 CFR part 150) with a local airport 
operator to examine the noise impact of air traffic control procedure 
changes. In any case in which an agreement relating to noise reductions 
at such airport is then entered into between the airport proprietor and 
an air carrier or air carrier constituting a majority of the air carrier 
users of such airport, the requirements of subparts B and D of this part 
with respect to restrictions on Stage 3 aircraft operations do apply to 
local actions to enforce such agreements.
    (d) Except to the extent required by the application of the 
provisions of the Act, nothing in this part eliminates, invalidates, or 
supersedes the following:
    (1) Existing law with respect to airport noise or access 
restrictions by local authorities;
    (2) Any proposed airport noise or access regulation at a general 
aviation airport where the airport proprietor has formally initiated a 
regulatory or legislative process on or before October 1, 1990; and
    (3) The authority of the Secretary of Transportation to seek and 
obtain such legal remedies as the Secretary considers appropriate, 
including injunctive relief.

[[Page 201]]



Sec. 161.9  Designation of noise description methods.

    For purposes of this part, the following requirements apply:
    (a) The sound level at an airport and surrounding areas, and the 
exposure of individuals to noise resulting from operations at an 
airport, must be established in accordance with the specifications and 
methods prescribed under appendix A of 14 CFR part 150; and
    (b) Use of computer models to create noise contours must be in 
accordance with the criteria prescribed under appendix A of 14 CFR part 
150.



Sec. 161.11  Identification of land uses in airport noise study area.

    For the purposes of this part, uses of land that are normally 
compatible or noncompatible with various noise-exposure levels to 
individuals around airports must be identified in accordance with the 
criteria prescribed under appendix A of 14 CFR part 150. Determination 
of land use must be based on professional planning, zoning, and building 
and site design information and expertise.



                          Subpart B--Agreements



Sec. 161.101  Scope.

    (a) This subpart applies to an airport operator's noise or access 
restriction on the operation of Stage 3 aircraft that is implemented 
pursuant to an agreement between an airport operator and all aircraft 
operators affected by the proposed restriction that are serving or will 
be serving such airport within 180 days of the date of the proposed 
restriction.
    (b) For purposes of this subpart, an agreement shall be in writing 
and signed by:
    (1) The airport operator;
    (2) Those aircraft operators currently operating at the airport who 
would be affected by the noise or access restriction; and
    (3) All new entrants that have submitted the information required 
under Sec. 161.105(a) of this part.
    (c) This subpart does not apply to restrictions exempted in 
Sec. 161.7 of this part.
    (d) This subpart does not limit the right of an airport operator to 
enter into an agreement with one or more aircraft operators that 
restricts the operation of Stage 2 or Stage 3 aircraft as long as the 
restriction is not enforced against aircraft operators that are not 
party to the agreement. Such an agreement is not covered by this subpart 
except that an aircraft operator may apply for sanctions pursuant to 
subpart F of this part for restrictions the airport operator seeks to 
impose other than those in the agreement.



Sec. 161.103  Notice of the proposed restriction.

    (a) An airport operator may not implement a Stage 3 restriction 
pursuant to an agreement with all affected aircraft operators unless 
there has been public notice and an opportunity for comment as 
prescribed in this subpart.
    (b) In order to establish a restriction in accordance with this 
subpart, the airport operator shall, at least 45 days before 
implementing the restriction, publish a notice of the proposed 
restriction in an areawide newspaper or newspapers that either singly or 
together has general circulation throughout the airport vicinity or 
airport noise study area, if one has been delineated; post a notice in 
the airport in a prominent location accessible to airport users and the 
public; and directly notify in writing the following parties:
    (1) Aircraft operators providing scheduled passenger or cargo 
service at the airport; affected operators of aircraft based at the 
airport; potential new entrants that are known to be interested in 
serving the airport; and aircraft operators known to be routinely 
providing non-scheduled service;
    (2) The Federal Aviation Administration;
    (3) Each Federal, state, and local agency with land use control 
jurisdiction within the vicinity of the airport, or the airport noise 
study area, if one has been delineated;
    (4) Fixed-base operators and other airport tenants whose operations 
may be affected by the proposed restriction; and
    (5) Community groups and business organizations that are known to be 
interested in the proposed restriction.

[[Page 202]]

    (c) Each direct notice provided in accordance with paragraph (b) of 
this section shall include:
    (1) The name of the airport and associated cities and states;
    (2) A clear, concise description of the proposed restriction, 
including sanctions for noncompliance and a statement that it will be 
implemented pursuant to a signed agreement;
    (3) A brief discussion of the specific need for and goal of the 
proposed restriction;
    (4) Identification of the operators and the types of aircraft 
expected to be affected;
    (5) The proposed effective date of the restriction and any proposed 
enforcement mechanism;
    (6) An invitation to comment on the proposed restriction, with a 
minimum 45-day comment period;
    (7) Information on how to request copies of the restriction portion 
of the agreement, including any sanctions for noncompliance;
    (8) A notice to potential new entrant aircraft operators that are 
known to be interested in serving the airport of the requirements set 
forth in Sec. 161.105 of this part; and
    (9) Information on how to submit a new entrant application, 
comments, and the address for submitting applications and comments to 
the airport operator, including identification of a contact person at 
the airport.
    (d) The Federal Aviation Administration will publish an announcement 
of the proposed restriction in the Federal Register.

[Docket No. 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 
1991]



Sec. 161.105  Requirements for new entrants.

    (a) Within 45 days of the publication of the notice of a proposed 
restriction by the airport operator under Sec. 161.103(b) of this part, 
any person intending to provide new air service to the airport within 
180 days of the proposed date of implementation of the restriction (as 
evidenced by submission of a plan of operations to the airport operator) 
must notify the airport operator if it would be affected by the 
restriction contained in the proposed agreement, and either that it--
    (1) Agrees to the restriction; or
    (2) Objects to the restriction.
    (b) Failure of any person described in Sec. 161.105(a) of this part 
to notify the airport operator that it objects to the proposed 
restriction will constitute waiver of the right to claim that it did not 
consent to the agreement and render that person ineligible to use lack 
of signature as ground to apply for sanctions under subpart F of this 
part for two years following the effective date of the restriction. The 
signature of such a person need not be obtained by the airport operator 
in order to comply with Sec. 161.107(a) of this part.
    (c) All other new entrants are also ineligible to use lack of 
signature as ground to apply for sanctions under subpart F of this part 
for two years.



Sec. 161.107  Implementation of the restriction.

    (a) To be eligible to implement a Stage 3 noise or access 
restriction under this subpart, an airport operator shall have the 
restriction contained in an agreement as defined in Sec. 161.101(b) of 
this part.
    (b) An airport operator may not implement a restriction pursuant to 
an agreement until the notice and comment requirements of Sec. 161.103 
of this part have been met.
    (c) Each airport operator must notify the Federal Aviation 
Administration of the implementation of a restriction pursuant to an 
agreement and must include in the notice evidence of compliance with 
Sec. 161.103 and a copy of the signed agreement.



Sec. 161.109  Notice of termination of restriction pursuant to an agreement.

    An airport operator must notify the FAA within 10 days of the date 
of termination of a restriction pursuant to an agreement under this 
subpart.



Sec. 161.111  Availability of data and comments on a restriction implemented pursuant to an agreement.

    The airport operator shall retain all relevant supporting data and 
all comments relating to a restriction implemented pursuant to an 
agreement for as long as the restriction is in effect. The airport 
operator shall make these materials available for inspection upon

[[Page 203]]

request by the FAA. The information shall be made available for 
inspection by any person during the pendency of any petition for 
reevaluation found justified by the FAA.



Sec. 161.113  Effect of agreements; limitation on reevaluation.

    (a) Except as otherwise provided in this subpart, a restriction 
implemented by an airport operator pursuant to this subpart shall have 
the same force and effect as if it had been a restriction implemented in 
accordance with subpart D of this part.
    (b) A restriction implemented by an airport operator pursuant to 
this subpart may be subject to reevaluation by the FAA under subpart E 
of this part.



         Subpart C--Notice Requirements for Stage 2 Restrictions



Sec. 161.201  Scope.

    (a) This subpart applies to:
    (1) An airport imposing a noise or access restriction on the 
operation of Stage 2 aircraft, but not Stage 3 aircraft, proposed after 
October 1, 1990.
    (2) An airport imposing an amendment to a Stage 2 restriction, if 
the amendment is proposed after October 1, 1990, and reduces or limits 
Stage 2 aircraft operations (compared to the restriction that it amends) 
or affects aircraft safety.
    (b) This subpart does not apply to an airport imposing a Stage 2 
restriction specifically exempted in Sec. 161.7 or a Stage 2 restriction 
contained in an agreement as long as the restriction is not enforced 
against aircraft operators that are not parties to the agreement.



Sec. 161.203  Notice of proposed restriction.

    (a) An airport operator may not implement a Stage 2 restriction 
within the scope of Sec. 161.201 unless the airport operator provides an 
analysis of the proposed restriction, prepared in accordance with 
Sec. 161.205, and a public notice and opportunity for comment as 
prescribed in this subpart. The notice and analysis required by this 
subpart shall be completed at least 180 days prior to the effective date 
of the restriction.
    (b) Except as provided in Sec. 161.211, an airport operator must 
publish a notice of the proposed restriction in an areawide newspaper or 
newspapers that either singly or together has general circulation 
throughout the airport noise study area; post a notice in the airport in 
a prominent location accessible to airport users and the public; and 
directly notify in writing the following parties:
    (1) Aircraft operators providing scheduled passenger or cargo 
service at the airport; operators of aircraft based at the airport; 
potential new entrants that are known to be interested in serving the 
airport; and aircraft operators known to be routinely providing 
nonscheduled service that may be affected by the proposed restriction;
    (2) The Federal Aviation Administration;
    (3) Each Federal, state, and local agency with land-use control 
jurisdiction within the airport noise study area;
    (4) Fixed-base operators and other airport tenants whose operations 
may be affected by the proposed restriction; and
    (5) Community groups and business organizations that are known to be 
interested in the proposed restriction.
    (c) Each notice provided in accordance with paragraph (b) of this 
section shall include:
    (1) The name of the airport and associated cities and states;
    (2) A clear, concise description of the proposed restriction, 
including a statement that it will be a mandatory Stage 2 restriction, 
and where the complete text of the restriction, and any sanctions for 
noncompliance, are available for public inspection;
    (3) A brief discussion of the specific need for, and goal of, the 
restriction;
    (4) Identification of the operators and the types of aircraft 
expected to be affected;
    (5) The proposed effective date of the restriction, the proposed 
method of implementation (e.g., city ordinance, airport rule, lease), 
and any proposed enforcement mechanism;
    (6) An analysis of the proposed restriction, as required by 
Sec. 161.205 of this subpart, or an announcement of where

[[Page 204]]

the analysis is available for public inspection;
    (7) An invitation to comment on the proposed restriction and 
analysis, with a minimum 45-day comment period;
    (8) Information on how to request copies of the complete text of the 
proposed restriction, including any sanctions for noncompliance, and the 
analysis (if not included with the notice); and
    (9) The address for submitting comments to the airport operator, 
including identification of a contact person at the airport.
    (d) At the time of notice, the airport operator shall provide the 
FAA with a full text of the proposed restriction, including any 
sanctions for noncompliance.
    (e) The Federal Aviation Administration will publish an announcement 
of the proposed Stage 2 restriction in the Federal Register.



Sec. 161.205  Required analysis of proposed restriction and alternatives.

    (a) Each airport operator proposing a noise or access restriction on 
Stage 2 aircraft operations shall prepare the following and make it 
available for public comment:
    (1) An analysis of the anticipated or actual costs and benefits of 
the proposed noise or access restriction;
    (2) A description of alternative restrictions; and
    (3) A description of the alternative measures considered that do not 
involve aircraft restrictions, and a comparison of the costs and 
benefits of such alternative measures to costs and benefits of the 
proposed noise or access restriction.
    (b) In preparing the analyses required by this section, the airport 
operator shall use the noise measurement systems and identify the 
airport noise study area as specified in Secs. 161.9 and 161.11, 
respectively; shall use currently accepted economic methodology; and 
shall provide separate detail on the costs and benefits of the proposed 
restriction with respect to the operations of Stage 2 aircraft weighing 
less than 75,000 pounds if the restriction applies to this class. The 
airport operator shall specify the methods used to analyze the costs and 
benefits of the proposed restriction and the alternatives.
    (c) The kinds of information set forth in Sec. 161.305 are useful 
elements of an adequate analysis of a noise or access restriction on 
Stage 2 aircraft operations.



Sec. 161.207  Comment by interested parties.

    Each airport operator shall establish a public docket or similar 
method for receiving and considering comments, and shall make comments 
available for inspection by interested parties upon request. Comments 
must be retained as long as the restriction is in effect.



Sec. 161.209  Requirements for proposal changes.

    (a) Each airport operator shall promptly advise interested parties 
of any changes to a proposed restriction, including changes that affect 
noncompatible land uses, and make available any changes to the proposed 
restriction and its analysis. Interested parties include those that 
received direct notice under Sec. 161.203(b), or those that were 
required to be consulted in accordance with the procedures in 
Sec. 161.211 of this part, and those that have commented on the proposed 
restriction.
    (b) If there are substantial changes to the proposed restriction or 
the analysis during the 180-day notice period, the airport operator 
shall initiate new notice following the procedures in Sec. 161.203 or, 
alternatively, the procedures in Sec. 161.211. A substantial change 
includes, but is not limited to, a proposal that would increase the 
burden on any aviation user class.
    (c) In addition to the information in Sec. 161.203(c), new notice 
must indicate that the airport operator is revising a previous notice, 
provide the reason for making the revision, and provide a new effective 
date (if any) for the restriction. The effective date of the restriction 
must be at least 180 days after the date the new notice and revised 
analysis are made available for public comment.

[[Page 205]]



Sec. 161.211  Optional use of 14 CFR part 150 procedures.

    (a) An airport operator may use the procedures in part 150 of this 
chapter, instead of the procedures described in Secs. 161.203(b) and 
161.209(b), as a means of providing an adequate public notice and 
comment opportunity on a proposed Stage 2 restriction.
    (b) If the airport operator elects to use 14 CFR part 150 procedures 
to comply with this subpart, the operator shall:
    (1) Ensure that all parties identified for direct notice under 
Sec. 161.203(b) are notified that the airport's 14 CFR part 150 program 
will include a proposed Stage 2 restriction under part 161, and that 
these parties are offered the opportunity to participate as consulted 
parties during the development of the 14 CFR part 150 program;
    (2) Provide the FAA with a full text of the proposed restriction, 
including any sanctions for noncompliance, at the time of the notice;
    (3) Include the information in Sec. 161.203 (c)(2) through (c)(5) 
and 161.205 in the analysis of the proposed restriction for the part 14 
CFR part 150 program;
    (4) Wait 180 days following the availability of the above analysis 
for review by the consulted parties and compliance with the above notice 
requirements before implementing the Stage 2 restriction; and
    (5) Include in its 14 CFR part 150 submission to the FAA evidence of 
compliance with paragraphs (b)(1) and (b)(4) of this section, and the 
analysis in paragraph (b)(3) of this section, together with a clear 
identification that the 14 CFR part 150 program includes a proposed 
Stage 2 restriction under part 161.
    (c) The FAA determination on the 14 CFR part 150 submission does not 
constitute approval or disapproval of the proposed Stage 2 restriction 
under part 161.
    (d) An amendment of a restriction may also be processed under 14 CFR 
part 150 procedures in accordance with this section.



Sec. 161.213  Notification of a decision not to implement a restriction.

    If a proposed restriction has been through the procedures prescribed 
in this subpart and the restriction is not subsequently implemented, the 
airport operator shall so advise the interested parties. Interested 
parties are described in Sec. 161.209(a).



    Subpart D--Notice, Review, and Approval Requirements for Stage 3 
                              Restrictions



Sec. 161.301  Scope.

    (a) This subpart applies to:
    (1) An airport imposing a noise or access restriction on the 
operation of Stage 3 aircraft that first became effective after October 
1, 1990.
    (2) An airport imposing an amendment to a Stage 3 restriction, if 
the amendment becomes effective after October 1, 1990, and reduces or 
limits Stage 3 aircraft operations (compared to the restriction that it 
amends) or affects aircraft safety.
    (b) This subpart does not apply to an airport imposing a Stage 3 
restriction specifically exempted in Sec. 161.7, or an agreement 
complying with subpart B of this part.
    (c) A Stage 3 restriction within the scope of this subpart may not 
become effective unless it has been submitted to and approved by the 
FAA. The FAA will review only those Stage 3 restrictions that are 
proposed by, or on behalf of, an entity empowered to implement the 
restriction.



Sec. 161.303  Notice of proposed restrictions.

    (a) Each airport operator or aircraft operator (hereinafter referred 
to as applicant) proposing a Stage 3 restriction shall provide public 
notice and an opportunity for public comment, as prescribed in this 
subpart, before submitting the restriction to the FAA for review and 
approval.
    (b) Except as provided in Sec. 161.321, an applicant shall publish a 
notice of the proposed restriction in an areawide newspaper or 
newspapers that either singly or together has general circulation 
throughout the airport noise study area; post a notice in the airport in 
a prominent location accessible to airport users and the public; and 
directly notify in writing the following parties:
    (1) Aircraft operators providing scheduled passenger or cargo 
service at

[[Page 206]]

the airport; operators of aircraft based at the airport; potential new 
entrants that are known to be interested in serving the airport; and 
aircraft operators known to be routinely providing nonscheduled service 
that may be affected by the proposed restriction;
    (2) The Federal Aviation Administration;
    (3) Each Federal, state, and local agency with land-use control 
jurisdiction within the airport noise study area;
    (4) Fixed-base operators and other airport tenants whose operations 
may be affected by the proposed restriction; and
    (5) Community groups and business organizations that are known to be 
interested in the proposed restriction.
    (c) Each notice provided in accordance with paragraph (b) of this 
section shall include:
    (1) The name of the airport and associated cities and states;
    (2) A clear, concise description of the proposed restriction (and 
any alternatives, in order of preference), including a statement that it 
will be a mandatory Stage 3 restriction; and where the complete text of 
the restriction, and any sanctions for noncompliance, are available for 
public inspection;
    (3) A brief discussion of the specific need for, and goal of, the 
restriction;
    (4) Identification of the operators and types of aircraft expected 
to be affected;
    (5) The proposed effective date of the restriction, the proposed 
method of implementation (e.g., city ordinance, airport rule, lease, or 
other document), and any proposed enforcement mechanism;
    (6) An analysis of the proposed restriction, in accordance with 
Sec. 161.305 of this part, or an announcement regarding where the 
analysis is available for public inspection;
    (7) An invitation to comment on the proposed restriction and the 
analysis, with a minimum 45-day comment period;
    (8) Information on how to request a copy of the complete text of the 
restriction, including any sanctions for noncompliance, and the analysis 
(if not included with the notice); and
    (9) The address for submitting comments to the airport operator or 
aircraft operator proposing the restriction, including identification of 
a contact person.
    (d) Applicants may propose alternative restrictions, including 
partial implementation of any proposal, and indicate an order of 
preference. If alternative restriction proposals are submitted, the 
requirements listed in paragraphs (c)(2) through (c)(6) of this section 
should address the alternative proposals where appropriate.



Sec. 161.305  Required analysis and conditions for approval of proposed restrictions.

    Each applicant proposing a noise or access restriction on Stage 3 
operations shall prepare and make available for public comment an 
analysis that supports, by substantial evidence, that the six statutory 
conditions for approval have been met for each restriction and any 
alternatives submitted. The statutory conditions are set forth in 49 
U.S.C. App. 2153(d)(2) and paragraph (e) of this section. Any proposed 
restriction (including alternatives) on Stage 3 aircraft operations that 
also affects the operation of Stage 2 aircraft must include analysis of 
the proposals in a manner that permits the proposal to be understood in 
its entirety. (Nothing in this section is intended to add a requirement 
for the issuance of restrictions on Stage 2 aircraft to those of subpart 
C of this part.) The applicant shall provide:
    (a) The complete text of the proposed restriction and any submitted 
alternatives, including the proposed wording in a city ordinance, 
airport rule, lease, or other document, and any sanctions for 
noncompliance;
    (b) Maps denoting the airport geographic boundary, and the 
geographic boundaries and names of each jurisdiction that controls land 
use within the airport noise study area;
    (c) An adequate environmental assessment of the proposed restriction 
or adequate information supporting a categorical exclusion in accordance 
with FAA orders and procedures regarding compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321);

[[Page 207]]

    (d) A summary of the evidence in the submission supporting the six 
statutory conditions for approval; and
    (e) An analysis of the restriction, demonstrating by substantial 
evidence that the statutory conditions are met. The analysis must:
    (1) Be sufficiently detailed to allow the FAA to evaluate the merits 
of the proposed restriction; and
    (2) Contain the following essential elements needed to provide 
substantial evidence supporting each condition for approval:
    (i) Condition 1: The restriction is reasonable, nonarbitrary, and 
nondiscriminatory. (A) Essential information needed to demonstrate this 
condition includes the following:
    (1) Evidence that a current or projected noise or access problem 
exists, and that the proposed action(s) could relieve the problem, 
including:
    (i) A detailed description of the problem precipitating the proposed 
restriction with relevant background information on factors contributing 
to the proposal and any court-ordered action or estimated liability 
concerns; a description of any noise agreements or noise or access 
restrictions currently in effect at the airport; and measures taken to 
achieve land-use compatibility, such as controls or restrictions on land 
use in the vicinity of the airport and measures carried out in response 
to 14 CFR part 150; and actions taken to comply with grant assurances 
requiring that:
    (A) Airport development projects be reasonably consistent with plans 
of public agencies that are authorized to plan for the development of 
the area around the airport; and
    (B) The sponsor give fair consideration to the interests of 
communities in or near where the project may be located; take 
appropriate action, including the adoption of zoning laws, to the extent 
reasonable, to restrict the use of land near the airport to activities 
and purposes compatible with normal airport operations; and not cause or 
permit any change in land use, within its jurisdiction, that will reduce 
the compatibility (with respect to the airport) of any noise 
compatibility program measures upon which federal funds have been 
expended.
    (ii) An analysis of the estimated noise impact of aircraft 
operations with and without the proposed restriction for the year the 
restriction is expected to be implemented, for a forecast timeframe 
after implementation, and for any other years critical to understanding 
the noise impact of the proposed restriction. The analysis of noise 
impact with and without the proposed restriction including:
    (A) Maps of the airport noise study area overlaid with noise 
contours as specified in Secs. 161.9 and 161.11 of this part;
    (B) The number of people and the noncompatible land uses within the 
airport noise study area with and without the proposed restriction for 
each year the noise restriction is analyzed;
    (C) Technical data supporting the noise impact analysis, including 
the classes of aircraft, fleet mix, runway use percentage, and day/night 
breakout of operations; and
    (D) Data on current and projected airport activity that would exist 
in the absence of the proposed restriction.
    (2) Evidence that other available remedies are infeasible or would 
be less cost-effective, including descriptions of any alternative 
aircraft restrictions that have been considered and rejected, and the 
reasons for the rejection; and of any land use or other nonaircraft 
controls or restrictions that have been considered and rejected, 
including those proposed under 14 CFR part 150 and not implemented, and 
the reasons for the rejection or failure to implement.
    (3) Evidence that the noise or access standards are the same for all 
aviation user classes or that the differences are justified, such as:
    (i) A description of the relationship of the effect of the proposed 
restriction on airport users (by aviation user class); and
    (ii) The noise attributable to these users in the absence of the 
proposed restriction.
    (B) At the applicant's discretion, information may also be submitted 
as follows:
    (1) Evidence not submitted under paragraph (e)(2)(ii)(A) of this 
section (Condition 2) that there is a reasonable chance that expected 
benefits will

[[Page 208]]

equal or exceed expected cost; for example, comparative economic 
analyses of the costs and benefits of the proposed restriction and 
aircraft and nonaircraft alternative measures. For detailed elements of 
analysis, see paragraph (e)(2)(ii)(A) of this section.
    (2) Evidence not submitted under paragraph (e)(2)(ii)(A) of this 
section that the level of any noise-based fees that may be imposed 
reflects the cost of mitigating noise impacts produced by the aircraft, 
or that the fees are reasonably related to the intended level of noise 
impact mitigation.
    (ii) Condition 2: The restriction does not create an undue burden on 
interstate or foreign commerce. (A) Essential information needed to 
demonstrate this statutory condition includes:
    (1) Evidence, based on a cost-benefit analysis, that the estimated 
potential benefits of the restriction have a reasonable chance to exceed 
the estimated potential cost of the adverse effects on interstate and 
foreign commerce. In preparing the economic analysis required by this 
section, the applicant shall use currently accepted economic 
methodology, specify the methods used and assumptions underlying the 
analysis, and consider:
    (i) The effect of the proposed restriction on operations of aircraft 
by aviation user class (and for air carriers, the number of operations 
of aircraft by carrier), and on the volume of passengers and cargo for 
the year the restriction is expected to be implemented and for the 
forecast timeframe.
    (ii) The estimated costs of the proposed restriction and alternative 
nonaircraft restrictions including the following, as appropriate:
    (A) Any additional cost of continuing aircraft operations under the 
restriction, including reasonably available information concerning any 
net capital costs of acquiring or retrofitting aircraft (net of salvage 
value and operating efficiencies) by aviation user class; and any 
incremental recurring costs;
    (B) Costs associated with altered or discontinued aircraft 
operations, such as reasonably available information concerning loss to 
carriers of operating profits; decreases in passenger and shipper 
consumer surplus by aviation user class; loss in profits associated with 
other airport services or other entities: and/or any significant 
economic effect on parties other than aviation users.
    (C) Costs associated with implementing nonaircraft restrictions or 
nonaircraft components of restrictions, such as reasonably available 
information concerning estimates of capital costs for real property, 
including redevelopment, soundproofing, noise easements, and purchase of 
property interests; and estimates of associated incremental recurring 
costs; or an explanation of the legal or other impediments to 
implementing such restrictions.
    (D) Estimated benefits of the proposed restriction and alternative 
restrictions that consider, as appropriate, anticipated increase in real 
estate values and future construction cost (such as sound insulation) 
savings; anticipated increase in airport revenues; quantification of the 
noise benefits, such as number of people removed from noise contours and 
improved work force and/or educational productivity, if any; valuation 
of positive safety effects, if any; and/or other qualitative benefits, 
including improvements in quality of life.
    (B) At the applicant's discretion, information may also be submitted 
as follows:
    (1) Evidence that the affected carriers have a reasonable chance to 
continue service at the airport or at other points in the national 
airport system.
    (2) Evidence that other air carriers are able to provide adequate 
service to the airport and other points in the system without 
diminishing competition.
    (3) Evidence that comparable services or facilities are available at 
another airport controlled by the airport operator in the market area, 
including services available at other airports.
    (4) Evidence that alternative transportation service can be attained 
through other means of transportation.
    (5) Information on the absence of adverse evidence or adverse 
comments with respect to undue burden in the notice process required in 
Sec. 161.303, or alternatively in Sec. 161.321, of this part as evidence 
that there is no undue burden.

[[Page 209]]

    (iii) Condition 3: The proposed restriction maintains safe and 
efficient use of the navigable airspace. Essential information needed to 
demonstrate this statutory condition includes evidence that the proposed 
restriction maintains safe and efficient use of the navigable airspace 
based upon:
    (A) Identification of airspace and obstacles to navigation in the 
vicinity of the airport; and
    (B) An analysis of the effects of the proposed restriction with 
respect to use of airspace in the vicinity of the airport, 
substantiating that the restriction maintains or enhances safe and 
efficient use of the navigable airspace. The analysis shall include a 
description of the methods and data used.
    (iv) Condition 4: The proposed restriction does not conflict with 
any existing Federal statute or regulation. Essential information needed 
to demonstrate this condition includes evidence demonstrating that no 
conflict is presented between the proposed restriction and any existing 
Federal statute or regulation, including those governing:
    (A) Exclusive rights;
    (B) Control of aircraft operations; and
    (C) Existing Federal grant agreements.
    (v) Condition 5: The applicant has provided adequate opportunity for 
public comment on the proposed restriction. Essential information needed 
to demonstrate this condition includes evidence that there has been 
adequate opportunity for public comment on the restriction as specified 
in Sec. 161.303 or Sec. 161.321 of this part.
    (vi) Condition 6: The proposed restriction does not create an undue 
burden on the national aviation system. Essential information needed to 
demonstrate this condition includes evidence that the proposed 
restriction does not create an undue burden on the national aviation 
system such as:
    (A) An analysis demonstrating that the proposed restriction does not 
have a substantial adverse effect on existing or planned airport system 
capacity, on observed or forecast airport system congestion and aircraft 
delay, and on airspace system capacity or workload;
    (B) An analysis demonstrating that nonaircraft alternative measures 
to achieve the same goals as the proposed subject restrictions are 
inappropriate;
    (C) The absence of comments with respect to imposition of an undue 
burden on the national aviation system in response to the notice 
required in Sec. 161.303 or Sec. 161.321.



Sec. 161.307  Comment by interested parties.

    (a) Each applicant proposing a restriction shall establish a public 
docket or similar method for receiving and considering comments, and 
shall make comments available for inspection by interested parties upon 
request. Comments must be retained as long as the restriction is in 
effect.
    (b) Each applicant shall submit to the FAA a summary of any comments 
received. Upon request by the FAA, the applicant shall submit copies of 
the comments.



Sec. 161.309  Requirements for proposal changes.

    (a) Each applicant shall promptly advise interested parties of any 
changes to a proposed restriction or alternative restriction that are 
not encompassed in the proposals submitted, including changes that 
affect noncompatible land uses or that take place before the effective 
date of the restriction, and make available these changes to the 
proposed restriction and its analysis. For the purpose of this 
paragraph, interested parties include those who received direct notice 
under Sec. 161.303(b) of this part, or those who were required to be 
consulted in accordance with the procedures in Sec. 161.321 of this 
part, and those who commented on the proposed restriction.
    (b) If there are substantial changes to a proposed restriction or 
the analysis made available prior to the effective date of the 
restriction, the applicant proposing the restriction shall initiate new 
notice in accordance with the procedures in Sec. 161.303 or, 
alternatively, the procedures in Sec. 161.321. These requirements apply 
to substantial changes that are not encompassed in submitted alternative 
restriction proposals and their analyses. A substantial change to a 
restriction includes, but is not limited to, any proposal that

[[Page 210]]

would increase the burden on any aviation user class.
    (c) In addition to the information in Sec. 161.303(c), a new notice 
must indicate that the applicant is revising a previous notice, provide 
the reason for making the revision, and provide a new effective date (if 
any) for the restriction.
    (d) If substantial changes requiring a new notice are made during 
the FAA's 180-day review of the proposed restriction, the applicant 
submitting the proposed restriction shall notify the FAA in writing that 
it is withdrawing its proposal from the review process until it has 
completed additional analysis, public review, and documentation of the 
public review. Resubmission to the FAA will restart the 180-day review.



Sec. 161.311  Application procedure for approval of proposed restriction.

    Each applicant proposing a Stage 3 restriction shall submit to the 
FAA the following information for each restriction and alternative 
restriction submitted, with a request that the FAA review and approve 
the proposed Stage 3 noise or access restriction:
    (a) A summary of evidence of the fulfillment of conditions for 
approval, as specified in Sec. 161.305;
    (b) An analysis as specified in Sec. 161.305, as appropriate to the 
proposed restriction;
    (c) A statement that the entity submitting the proposal is the party 
empowered to implement the restriction, or is submitting the proposal on 
behalf of such party; and
    (d) A statement as to whether the airport requests, in the event of 
disapproval of the proposed restriction or any alternatives, that the 
FAA approve any portion of the restriction or any alternative that meets 
the statutory requirements for approval. An applicant requesting partial 
approval of any proposal should indicate its priorities as to portions 
of the proposal to be approved.



Sec. 161.313  Review of application.

    (a) Determination of completeness. The FAA, within 30 days of 
receipt of an application, will determine whether the application is 
complete in accordance with Sec. 161.311. Determinations of completeness 
will be made on all proposed restrictions and alternatives. This 
completeness determination is not an approval or disapproval of the 
proposed restriction.
    (b) Process for complete application. When the FAA determines that a 
complete application has been submitted, the following procedures apply:
    (1) The FAA notifies the applicant that it intends to act on the 
proposed restriction and publishes notice of the proposed restriction in 
the Federal Register in accordance with Sec. 161.315. The 180-day period 
for approving or disapproving the proposed restriction will start on the 
date of original FAA receipt of the application.
    (2) Following review of the application, public comments, and any 
other information obtained under Sec. 161.317(b), the FAA will issue a 
decision approving or disapproving the proposed restriction. This 
decision is a final decision of the Administrator for purpose of 
judicial review.
    (c) Process for incomplete application. If the FAA determines that 
an application is not complete with respect to any submitted restriction 
or alternative restriction, the following procedures apply:
    (1) The FAA shall notify the applicant in writing, returning the 
application and setting forth the type of information and analysis 
needed to complete the application in accordance with Sec. 161.311.
    (2) Within 30 days after the receipt of this notice, the applicant 
shall advise the FAA in writing whether or not it intends to resubmit 
and supplement its application.
    (3) If the applicant does not respond in 30 days, or advises the FAA 
that it does not intend to resubmit and/or supplement the application, 
the application will be denied. This closes the matter without prejudice 
to later application and does not constitute disapproval of the proposed 
restriction.
    (4) If the applicant chooses to resubmit and supplement the 
application, the following procedures apply:
    (i) Upon receipt of the resubmitted application, the FAA determines 
whether the application, as supplemented, is complete as set forth in 
paragraph (a) of this section.

[[Page 211]]

    (ii) If the application is complete, the procedures set forth in 
Sec. 161.315 shall be followed. The 180-day review period starts on the 
date of receipt of the last supplement to the application.
    (iii) If the application is still not complete with respect to the 
proposed restriction or at least one submitted alternative, the FAA so 
advises the applicant as set forth in paragraph (c)(1) of this section 
and provides the applicant with an additional opportunity to supplement 
the application as set forth in paragraph (c)(2) of this section.
    (iv) If the environmental documentation (either an environmental 
assessment or information supporting a categorical exclusion) is 
incomplete, the FAA will so notify the applicant in writing, returning 
the application and setting forth the types of information and analysis 
needed to complete the documentation. The FAA will continue to return an 
application until adequate environmental documentation is provided. When 
the application is determined to be complete, including the 
environmental documentation, the 180-day period for approval or 
disapproval will begin upon receipt of the last supplement to the 
application.
    (v) Following review of the application and its supplements, public 
comments, and any other information obtained under Sec. 161.317(b), the 
FAA will issue a decision approving or disapproving the application. 
This decision is a final decision of the Administrator for the purpose 
of judicial review.
    (5) The FAA will deny the application and return it to the applicant 
if:
    (i) None of the proposals submitted are found to be complete;
    (ii) The application has been returned twice to the applicant for 
reasons other than completion of the environmental documentation; and
    (iii) The applicant declines to complete the application. This 
closes the matter without prejudice to later application, and does not 
constitute disapproval of the proposed restriction.



Sec. 161.315  Receipt of complete application.

    (a) When a complete application has been received, the FAA will 
notify the applicant by letter that the FAA intends to act on the 
application.
    (b) The FAA will publish notice of the proposed restriction in the 
Federal Register, inviting interested parties to file comments on the 
application within 30 days after publication of the Federal Register 
notice.



Sec. 161.317  Approval or disapproval of proposed restriction.

    (a) Upon determination that an application is complete with respect 
to at least one of the proposals submitted by the applicant, the FAA 
will act upon the complete proposals in the application. The FAA will 
not act on any proposal for which the applicant has declined to submit 
additional necessary information.
    (b) The FAA will review the applicant's proposals in the preference 
order specified by the applicant. The FAA may request additional 
information from aircraft operators, or any other party, and may convene 
an informal meeting to gather facts relevant to its determination.
    (c) The FAA will evaluate the proposal and issue an order approving 
or disapproving the proposed restriction and any submitted alternatives, 
in whole or in part, in the order of preference indicated by the 
applicant. Once the FAA approves a proposed restriction, the FAA will 
not consider any proposals of lower applicant-stated preference. 
Approval or disapproval will be given by the FAA within 180 days after 
receipt of the application or last supplement thereto under 
Sec. 161.313. The FAA will publish its decision in the Federal Register 
and notify the applicant in writing.
    (d) The applicant's failure to provide substantial evidence 
supporting the statutory conditions for approval of a particular 
proposal is grounds for disapproval of that proposed restriction.
    (e) The FAA will approve or disapprove only the Stage 3 aspects of a 
restriction if the restriction applies to both Stage 2 and Stage 3 
aircraft operations.
    (f) An order approving a restriction may be subject to requirements 
that the applicant:

[[Page 212]]

    (1) Comply with factual representations and commitments in support 
of the restriction; and
    (2) Ensure that any environmental mitigation actions or commitments 
by any party that are set forth in the environmental documentation 
provided in support of the restriction are implemented.



Sec. 161.319  Withdrawal or revision of restriction.

    (a) The applicant may withdraw or revise a proposed restriction at 
any time prior to FAA approval or disapproval, and must do so if 
substantial changes are made as described in Sec. 161.309. The applicant 
shall notify the FAA in writing of a decision to withdraw the proposed 
restriction for any reason. The FAA will publish a notice in the Federal 
Register that it has terminated its review without prejudice to 
resubmission. A resubmission will be considered a new application.
    (b) A subsequent amendment to a Stage 3 restriction that was in 
effect after October 1, 1990, or an amendment to a Stage 3 restriction 
previously approved by the FAA, is subject to the procedures in this 
subpart if the amendment will further reduce or limit aircraft 
operations or affect aircraft safety. The applicant may, at its option, 
revise or amend a restriction previously disapproved by the FAA and 
resubmit it for approval. Amendments are subject to the same 
requirements and procedures as initial submissions.



Sec. 161.321  Optional use of 14 CFR part 150 procedures.

    (a) An airport operator may use the procedures in part 150 of this 
chapter, instead of the procedures described in Secs. 161.303(b) and 
161.309(b) of this part, as a means of providing an adequate public 
notice and opportunity to comment on proposed Stage 3 restrictions, 
including submitted alternatives.
    (b) If the airport operator elects to use 14 CFR part 150 procedures 
to comply with this subpart, the operator shall:
    (1) Ensure that all parties identified for direct notice under 
Sec. 161.303(b) are notified that the airport's 14 CFR part 150 program 
submission will include a proposed Stage 3 restriction under part 161, 
and that these parties are offered the opportunity to participate as 
consulted parties during the development of the 14 CFR part 150 program;
    (2) Include the information required in Sec. 161.303(c) (2) through 
(5) and Sec. 161.305 in the analysis of the proposed restriction in the 
14 CFR part 150 program submission; and
    (3) Include in its 14 CFR part 150 submission to the FAA evidence of 
compliance with the notice requirements in paragraph (b)(1) of this 
section and include the information required for a part 161 application 
in Sec. 161.311, together with a clear identification that the 14 CFR 
part 150 submission includes a proposed Stage 3 restriction for FAA 
review and approval under Secs. 161.313, 161.315, and 161.317.
    (c) The FAA will evaluate the proposed part 161 restriction on Stage 
3 aircraft operations included in the 14 CFR part 150 submission in 
accordance with the procedures and standards of this part, and will 
review the total 14 CFR part 150 submission in accordance with the 
procedures and standards of 14 CFR part 150.
    (d) An amendment of a restriction, as specified in Sec. 161.319(b) 
of this part, may also be processed under 14 CFR part 150 procedures.



Sec. 161.323  Notification of a decision not to implement a restriction.

    If a Stage 3 restriction has been approved by the FAA and the 
restriction is not subsequently implemented, the applicant shall so 
advise the interested parties specified in Sec. 161.309(a) of this part.



Sec. 161.325  Availability of data and comments on an implemented restriction.

    The applicant shall retain all relevant supporting data and all 
comments relating to an approved restriction for as long as the 
restriction is in effect and shall make these materials available for 
inspection upon request by the FAA. This information shall be made 
available for inspection by any person during the pendency of any 
petition for reevaluation found justified by the FAA.

[[Page 213]]



             Subpart E--Reevaluation of Stage 3 Restrictions



Sec. 161.401  Scope.

    This subpart applies to an airport imposing a noise or access 
restriction on the operation of Stage 3 aircraft that first became 
effective after October 1, 1990, and had either been agreed to in 
compliance with the procedures in subpart B of this part or approved by 
the FAA in accordance with the procedures in subpart D of this part. 
This subpart does not apply to Stage 2 restrictions imposed by airports. 
This subpart does not apply to Stage 3 restrictions specifically 
exempted in Sec. 161.7.



Sec. 161.403  Criteria for reevaluation.

    (a) A request for reevaluation must be submitted by an aircraft 
operator.
    (b) An aircraft operator must demonstrate to the satisfaction of the 
FAA that there has been a change in the noise environment of the 
affected airport and that a review and reevaluation pursuant to the 
criteria in Sec. 161.305 is therefore justified.
    (1) A change in the noise environment sufficient to justify 
reevaluation is either a DNL change of 1.5 dB or greater (from the 
restriction's anticipated target noise level result) over noncompatible 
land uses, or a change of 17 percent or greater in the noncompatible 
land uses, within an airport noise study area. For approved 
restrictions, calculation of change shall be based on the divergence of 
actual noise impact of the restriction from the estimated noise impact 
of the restriction predicted in the analysis required in 
Sec. 161.305(e)(2)(i)(A)(1)(ii). The change in the noise environment or 
in the noncompatible land uses may be either an increase or decrease in 
noise or in noncompatible land uses. An aircraft operator may submit to 
the FAA reasons why a change that does not fall within either of these 
parameters justifies reevaluation, and the FAA will consider such 
arguments on a case-by-case basis.
    (2) A change in the noise environment justifies reevaluation if the 
change is likely to result in the restriction not meeting one or more of 
the conditions for approval set forth in Sec. 161.305 of this part for 
approval. The aircraft operator must demonstrate that such a result is 
likely to occur.
    (c) A reevaluation may not occur less than 2 years after the date of 
the FAA approval. The FAA will normally apply the same 2-year 
requirement to agreements under subpart B of this part that affect Stage 
3 aircraft operations. An aircraft operator may submit to the FAA 
reasons why an agreement under subpart B of this part should be 
reevaluated in less than 2 years, and the FAA will consider such 
arguments on a case-by-case basis.
    (d) An aircraft operator must demonstrate that it has made a good 
faith attempt to resolve locally any dispute over a restriction with the 
affected parties, including the airport operator, before requesting 
reevaluation by the FAA. Such demonstration and certification shall 
document all attempts of local dispute resolution.

[Docket No. 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 
1991]



Sec. 161.405  Request for reevaluation.

    (a) A request for reevaluation submitted to the FAA by an aircraft 
operator must include the following information:
    (1) The name of the airport and associated cities and states;
    (2) A clear, concise description of the restriction and any 
sanctions for noncompliance, whether the restriction was approved by the 
FAA or agreed to by the airport operator and aircraft operators, the 
date of the approval or agreement, and a copy of the restriction as 
incorporated in a local ordinance, airport rule, lease, or other 
document;
    (3) The quantified change in the noise environment using methodology 
specified in this part;
    (4) Evidence of the relationship between this change and the 
likelihood that the restriction does not meet one or more of the 
conditions in Sec. 161.305;
    (5) The aircraft operator's status under the restriction (e.g., 
currently affected operator, potential new entrant) and an explanation 
of the aircraft operator's specific objection; and
    (6) A description and evidence of the aircraft operator's attempt to 
resolve the dispute locally with the affected parties, including the 
airport operator.

[[Page 214]]

    (b) The FAA will evaluate the aircraft operator's submission and 
determine whether or not a reevaluation is justified. The FAA may 
request additional information from the airport operator or any other 
party and may convene an informal meeting to gather facts relevant to 
its determination.
    (c) The FAA will notify the aircraft operator in writing, with a 
copy to the affected airport operator, of its determination.
    (1) If the FAA determines that a reevaluation is not justified, it 
will indicate the reasons for this decision.
    (2) If the FAA determines that a reevaluation is justified, the 
aircraft operator will be notified to complete its analysis and to begin 
the public notice procedure, as set forth in this subpart.



Sec. 161.407  Notice of reevaluation.

    (a) After receiving an FAA determination that a reevaluation is 
justified, an aircraft operator desiring continuation of the 
reevaluation process shall publish a notice of request for reevaluation 
in an areawide newspaper or newspapers that either singly or together 
has general circulation throughout the airport noise study area (or the 
airport vicinity for agreements where an airport noise study area has 
not been delineated); post a notice in the airport in a prominent 
location accessible to airport users and the public; and directly notify 
in writing the following parties:
    (1) The airport operator, other aircraft operators providing 
scheduled passenger or cargo service at the airport, operators of 
aircraft based at the airport, potential new entrants that are known to 
be interested in serving the airport, and aircraft operators known to be 
routinely providing nonscheduled service;
    (2) The Federal Aviation Administration;
    (3) Each Federal, State, and local agency with land-use control 
jurisdiction within the airport noise study area (or the airport 
vicinity for agreements where an airport noise study area has not been 
delineated);
    (4) Fixed-base operators and other airport tenants whose operations 
may be affected by the agreement or the restriction;
    (5) Community groups and business organizations that are known to be 
interested in the restriction; and
    (6) Any other party that commented on the original restriction.
    (b) Each notice provided in accordance with paragraph (a) of this 
section shall include:
    (1) The name of the airport and associated cities and states;
    (2) A clear, concise description of the restriction, including 
whether the restriction was approved by the FAA or agreed to by the 
airport operator and aircraft operators, and the date of the approval or 
agreement;
    (3) The name of the aircraft operator requesting a reevaluation, and 
a statement that a reevaluation has been requested and that the FAA has 
determined that a reevaluation is justified;
    (4) A brief discussion of the reasons why a reevaluation is 
justified;
    (5) An analysis prepared in accordance with Sec. 161.409 of this 
part supporting the aircraft operator's reevaluation request, or an 
announcement of where the analysis is available for public inspection;
    (6) An invitation to comment on the analysis supporting the proposed 
reevaluation, with a minimum 45-day comment period;
    (7) Information on how to request a copy of the analysis (if not in 
the notice); and
    (8) The address for submitting comments to the aircraft operator, 
including identification of a contact person.



Sec. 161.409  Required analysis by reevaluation petitioner.

    (a) An aircraft operator that has petitioned the FAA to reevaluate a 
restriction shall assume the burden of analysis for the reevaluation.
    (b) The aircraft operator's analysis shall be made available for 
public review under the procedures in Sec. 161.407 and shall include the 
following:
    (1) A copy of the restriction or the language of the agreement as 
incorporated in a local ordinance, airport rule, lease, or other 
document;
    (2) The aircraft operator's status under the restriction (e.g., 
currently

[[Page 215]]

affected operator, potential new entrant) and an explanation of the 
aircraft operator's specific objection to the restriction;
    (3) The quantified change in the noise environment using methodology 
specified in this part;
    (4) Evidence of the relationship between this change and the 
likelihood that the restriction does not meet one or more of the 
conditions in Sec. 161.305; and
    (5) Sufficient data and analysis selected from Sec. 161.305, as 
applicable to the restriction at issue, to support the contention made 
in paragraph (b)(4) of this section. This is to include either an 
adequate environmental assessment of the impacts of discontinuing all or 
part of a restriction in accordance with the aircraft operator's 
petition, or adequate information supporting a categorical exclusion 
under FAA orders implementing the National Environmental Policy Act of 
1969 (42 U.S.C. 4321).
    (c) The amount of analysis may vary with the complexity of the 
restriction, the number and nature of the conditions in Sec. 161.305 
that are alleged to be unsupported, and the amount of previous analysis 
developed in support of the restriction. The aircraft operator may 
incorporate analysis previously developed in support of the restriction, 
including previous environmental documentation to the extent applicable. 
The applicant is responsible for providing substantial evidence, as 
described in Sec. 161.305, that one or more of the conditions are not 
supported.



Sec. 161.411  Comment by interested parties.

    (a) Each aircraft operator requesting a reevaluation shall establish 
a docket or similar method for receiving and considering comments and 
shall make comments available for inspection to interested parties 
specified in paragraph (b) of this section upon request. Comments must 
be retained for two years.
    (b) Each aircraft operator shall promptly notify interested parties 
if it makes a substantial change in its analysis that affects either the 
costs or benefits analyzed, or the criteria in Sec. 161.305, differently 
from the analysis made available for comment in accordance with 
Sec. 161.407. Interested parties include those who received direct 
notice under paragraph (a) of Sec. 161.407 and those who have commented 
on the reevaluation. If an aircraft operator revises its analysis, it 
shall make the revised analysis available to an interested party upon 
request and shall extend the comment period at least 45 days from the 
date the revised analysis is made available.



Sec. 161.413  Reevaluation procedure.

    (a) Each aircraft operator requesting a reevaluation shall submit to 
the FAA:
    (1) The analysis described in Sec. 161.409;
    (2) Evidence that the public review process was carried out in 
accordance with Secs. 161.407 and 161.411, including the aircraft 
operator's summary of the comments received; and
    (3) A request that the FAA complete a reevaluation of the 
restriction and issue findings.
    (b) Following confirmation by the FAA that the aircraft operator's 
documentation is complete according to the requirements of this subpart, 
the FAA will publish a notice of reevaluation in the Federal Register 
and provide for a 45-day comment period during which interested parties 
may submit comments to the FAA. The FAA will specifically solicit 
comments from the affected airport operator and affected local 
governments. A submission that is not complete will be returned to the 
aircraft operator with a letter indicating the deficiency, and no notice 
will be published. No further action will be taken by the FAA until a 
complete submission is received.
    (c) The FAA will review all submitted documentation and comments 
pursuant to the conditions of Sec. 161.305. To the extent necessary, the 
FAA may request additional information from the aircraft operator, 
airport operator, and others known to have information material to the 
reevaluation, and may convene an informal meeting to gather facts 
relevant to a reevaluation finding.

[[Page 216]]



Sec. 161.415  Reevaluation action.

    (a) Upon completing the reevaluation, the FAA will issue appropriate 
orders regarding whether or not there is substantial evidence that the 
restriction meets the criteria in Sec. 161.305 of this part.
    (b) If the FAA's reevaluation confirms that the restriction meets 
the criteria, the restriction may remain as previously agreed to or 
approved. If the FAA's reevaluation concludes that the restriction does 
not meet the criteria, the FAA will withdraw a previous approval of the 
restriction issued under subpart D of this part to the extent necessary 
to bring the restriction into compliance with this part or, with respect 
to a restriction agreed to under subpart B of this part, the FAA will 
specify which criteria are not met.
    (c) The FAA will publish a notice of its reevaluation findings in 
the Federal Register and notify in writing the aircraft operator that 
petitioned the FAA for reevaluation and the affected airport operator.



Sec. 161.417  Notification of status of restrictions and agreements not meeting conditions-of-approval criteria.

    If the FAA has withdrawn all or part of a previous approval made 
under subpart D of this part, the relevant portion of the Stage 3 
restriction must be rescinded. The operator of the affected airport 
shall notify the FAA of the operator's action with regard to a 
restriction affecting Stage 3 aircraft operations that has been found 
not to meet the criteria of Sec. 161.305. Restrictions in agreements 
determined by the FAA not to meet conditions for approval may not be 
enforced with respect to Stage 3 aircraft operations.



               Subpart F--Failure to Comply With This Part



Sec. 161.501  Scope.

    (a) This subpart describes the procedures to terminate eligibility 
for airport grant funds and authority to impose or collect passenger 
facility charges for an airport operator's failure to comply with the 
Airport Noise and Capacity Act of 1990 (49 U.S.C. App. 2151 et seq.) or 
this part. These procedures may be used with or in addition to any 
judicial proceedings initiated by the FAA to protect the national 
aviation system and related Federal interests.
    (b) Under no conditions shall any airport operator receive revenues 
under the provisions of the Airport and Airway Improvement Act of 1982 
or impose or collect a passenger facility charge under section 1113(e) 
of the Federal Aviation Act of 1958 if the FAA determines that the 
airport is imposing any noise or access restriction not in compliance 
with the Airport Noise and Capacity Act of 1990 or this part. Recission 
of, or a commitment in writing signed by an authorized official of the 
airport operator to rescind or permanently not enforce, a noncomplying 
restriction will be treated by the FAA as action restoring compliance 
with the Airport Noise and Capacity Act of 1990 or this part with 
respect to that restriction.



Sec. 161.503  Informal resolution; notice of apparent violation.

    Prior to the initiation of formal action to terminate eligibility 
for airport grant funds or authority to impose or collect passenger 
facility charges under this subpart, the FAA shall undertake informal 
resolution with the airport operator to assure compliance with the 
Airport Noise and Capacity Act of 1990 or this part upon receipt of a 
complaint or other evidence that an airport operator has taken action to 
impose a noise or access restriction that appears to be in violation. 
This shall not preclude a FAA application for expedited judicial action 
for other than termination of airport grants and passenger facility 
charges to protect the national aviation system and violated federal 
interests. If informal resolution is not successful, the FAA will notify 
the airport operator in writing of the apparent violation. The airport 
operator shall respond to the notice in writing not later than 20 days 
after receipt of the notice, and also state whether the airport operator 
will agree to defer implementation or enforcement of its noise or access 
restriction until completion of the process under this subpart to 
determine compliance.

[[Page 217]]



Sec. 161.505  Notice of proposed termination of airport grant funds and passenger facility charges.

    (a) The FAA begins proceedings under this section to terminate an 
airport operator's eligibility for airport grant funds and authority to 
impose or collect passenger facility charges only if the FAA determines 
that informal resolution is not successful.
    (b) The following procedures shall apply if an airport operator 
agrees in writing, within 20 days of receipt of the FAA's notice of 
apparent violation under Sec. 161.503, to defer implementation or 
enforcement of a noise or access restriction until completion of the 
process under this subpart to determine compliance.
    (1) The FAA will issue a notice of proposed termination to the 
airport operator and publish notice of the proposed action in the 
Federal Register. This notice will state the scope of the proposed 
termination, the basis for the proposed action, and the date for filing 
written comments or objections by all interested parties. This notice 
will also identify any corrective action the airport operator can take 
to avoid further proceedings. The due date for comments and corrective 
action by the airport operator shall be specified in the notice of 
proposed termination and shall not be less than 60 days after 
publication of the notice.
    (2) The FAA will review the comments, statements, and data supplied 
by the airport operator, and any other available information, to 
determine if the airport operator has provided satisfactory evidence of 
compliance or has taken satisfactory corrective action. The FAA will 
consult with the airport operator to attempt resolution and may request 
additional information from other parties to determine compliance. The 
review and consultation process shall take not less than 30 days. If the 
FAA finds satisfactory evidence of compliance, the FAA will notify the 
airport operator in writing and publish notice of compliance in the 
Federal Register.
    (3) If the FAA determines that the airport operator has taken action 
to impose a noise or access restriction in violation of the Airport 
Noise and Capacity Act of 1990 or this part, the FAA will notify the 
airport operator in writing of such determination. Where appropriate, 
the FAA may prescribe corrective action, including corrective action the 
airport operator may still need to take. Within 10 days of receipt of 
the FAA's determination, the airport operator shall--
    (i) Advise the FAA in writing that it will complete any corrective 
action prescribed by the FAA within 30 days; or
    (ii) Provide the FAA with a list of the domestic air carriers and 
foreign air carriers operating at the airport and all other issuing 
carriers, as defined in Sec. 158.3 of this chapter, that have remitted 
passenger facility charge revenue to the airport in the preceding 12 
months.
    (4) If the FAA finds that the airport operator has taken 
satisfactory corrective action, the FAA will notify the airport operator 
in writing and publish notice of compliance in the Federal Register. If 
the FAA has determined that the airport operator has imposed a noise or 
access restriction in violation of the Airport Noise and Capacity Act of 
1990 or this part and satisfactory corrective action has not been taken, 
the FAA will issue an order that--
    (i) Terminates eligibility for new airport grant agreements and 
discontinues payments of airport grant funds, including payments of 
costs incurred prior to the notice; and
    (ii) Terminates authority to impose or collect a passenger facility 
charge or, if the airport operator has not received approval to impose a 
passenger facility charge, advises the airport operator that future 
applications for such approval will be denied in accordance with 
Sec. 158.29(a)(1)(v) of this chapter.
    (5) The FAA will publish notice of the order in the Federal Register 
and notify air carriers of the FAA's order and actions to be taken to 
terminate or modify collection of passenger facility charges in 
accordance with Sec. 158.85(f) of this chapter.
    (c) The following procedures shall apply if an airport operator does 
not agree in writing, within 20 days of receipt of the FAA's notice of 
apparent violation under Sec. 161.503, to defer implementation or 
enforcement of its noise or access restriction until completion

[[Page 218]]

of the process under this subpart to determine compliance.
    (1) The FAA will issue a notice of proposed termination to the 
airport operator and publish notice of the proposed action in the 
Federal Register. This notice will state the scope of the proposed 
termination, the basis for the proposed action, and the date for filing 
written comments or objections by all interested parties. This notice 
will also identify any corrective action the airport operator can take 
to avoid further proceedings. The due date for comments and corrective 
action by the airport operator shall be specified in the notice of 
proposed termination and shall not be less than 30 days after 
publication of the notice.
    (2) The FAA will review the comments, statements, and data supplied 
by the airport operator, and any other available information, to 
determine if the airport operator has provided satisfactory evidence of 
compliance or has taken satisfactory corrective action. If the FAA finds 
satisfactory evidence of compliance, the FAA will notify the airport 
operator in writing and publish notice of compliance in the Federal 
Register.
    (3) If the FAA determines that the airport operator has taken action 
to impose a noise or access restriction in violation of the Airport 
Noise and Capacity Act of 1990 or this part, the procedures in 
paragraphs (b)(3) through (b)(5) of this section will be followed.



PART 169--EXPENDITURE OF FEDERAL FUNDS FOR NONMILITARY AIRPORTS OR AIR NAVIGATION FACILITIES THEREON--Table of Contents




Sec.
169.1  Applicability.
169.3  Application for recommendation and certification.
169.5  FAA determination.

    Authority: 49 U.S.C. 106(g), 40101-40107, 40113-40114, 44501-44502, 
46104, 47122, 47151-47153, 47302-47306.



Sec. 169.1  Applicability.

    (a) This part prescribes the requirements for issuing a written 
recommendation and certification that a proposed project is reasonably 
necessary for use in air commerce or in the interests of national 
defense. The first two sentences of section 308(a) of the Federal 
Aviation Act of 1958 (49 U.S.C. 1349(a)): (1) Require such a 
recommendation and certification where Federal funds are to be expended 
for nonmilitary purposes for airports or air navigation facilities 
thereon; and (2) provide that any interested person may apply to the 
Administrator, under regulations prescribed by him, for a recommendation 
and certification.
    (b) This part does not apply to projects for the expenditure of 
Federal funds for military purposes or for airports, or air navigation 
facilities thereon, operated by the Federal Aviation Administration.

[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969]



Sec. 169.3  Application for recommendation and certification.

    (a) Any interested person may apply to the Administrator for a 
recommendation and certification with respect to a proposed project for 
the acquisition, establishment, construction, alteration, repair, 
maintenance, or operation of an airport or an air navigation facility 
thereon by or in his interests, on which Federal funds are proposed to 
be expended for nonmilitary purposes. The application shall be filed 
with the Regional Airports Division or Airports District Office, 
whichever is appropriate, in whose geographical area the airport is 
located. The application must state--
    (1) The name and address of the applicant, the owner of the airport, 
and the individual responsible for its operation and maintenance, and 
the interest of the applicant in the matter;
    (2) The location of the airport, and of any air navigation 
facilities thereon;
    (3) A technical description of the project;
    (4) The information contained in the notice required by Sec. 157.3 
of this chapter; and
    (5) All available pertinent data relating to the necessity of the 
airport or air navigation facility for use in air commerce including 
where applicable--
    (i) The number and type of aircraft that use or would use the 
airport or facility;
    (ii) The present and expected level of activity;

[[Page 219]]

    (iii) Any special use of the airport or facility such as its 
providing access to places of recreation as national forests or parks or 
to isolated communities where access by other means is not available or 
is curtailed by climatic condition; and
    (iv) In the case of an airport or air navigation facility owned, 
operated, or maintained by a Federal agency other than the FAA, the 
relationship of the airport or facility to the performance of that 
agency's functions.
    (b) Each of the following has the effect of a recommendation and 
certification, and a separate application under this part with respect 
thereto is not required:
    (1) Approval of a project under section 16 of the Airport and Airway 
Development Act of 1970 (49 U.S.C. 1701).
    (2) Inclusion of an airport in the National Airport System Plan, 
if--
    (i) Notice of construction or alteration required by Sec. 157.3 of 
this chapter has been given; and
    (ii) The Administrator has determined that there is no objection to 
the proposed construction or alteration.

[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969, as amended by Amdt. 169-1, 37 
FR 21322, Oct. 7, 1972; Amdt. 169-2, 54 FR 39295, Sept. 25, 1989]



Sec. 169.5  FAA determination.

    (a) The Administrator issues a recommendation and certification if 
he finds that the airport or facility is reasonably necessary for use in 
air commerce or in the interests of national defense; that it conforms 
to all applicable plans and policies for, and allocations of, airspace; 
and that it otherwise complies with requirements of Federal law properly 
considered by the Administrator. The Administrator may grant the 
recommendation and certification subject to conditions that ensure 
conformity of the airport or facility with these standards.
    (b) A recommendation and certification under this part, express or 
implied, does not extend to a modified version of an airport or facility 
to which it applies, or to an additional area or facility at the same 
airport.
    (c) If the application is denied the Administrator notifies the 
applicant of the grounds for the denial. The Administrator may revoke a 
recommendation and certification for proper cause.
    (d) The authority of the Administrator under this part is exercised 
by Regional Airports Division Managers as to airports or facilities 
within their respective regions.

[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969, as amended by Amdt. 169-1, 37 
FR 21322, Oct. 7, 1972; Amdt. 169-2, 54 FR 39295, Sept. 25, 1989]

[[Page 220]]





                  SUBCHAPTER J--NAVIGATIONAL FACILITIES



PART 170--ESTABLISHMENT AND DISCONTINUANCE CRITERIA FOR AIR TRAFFIC CONTROL SERVICES AND NAVIGATIONAL FACILITIES--Table of Contents




                           Subpart A--General

Sec.
170.1  Scope.
170.3  Definitions.

                Subpart B--Airport Traffic Control Towers

170.11  Scope.
170.13  Airport Traffic Control Tower (ATCT) establishment criteria.
170.15  ATCT discontinuance criteria.

                           Subpart C--LORAN-C

170.21  Scope.
170.23  LORAN-C establishment criteria.
170.25  LORAN-C discontinuance criteria.

    Authority: 49 U.S.C. 106(g), 40103-40107, 40113, 44502, 44701-44702, 
44708-44709, 44719, 44721-44722, 46308.

    Source: 56 FR 341, Jan. 3, 1991, unless otherwise noted.



                           Subpart A--General



Sec. 170.1  Scope.

    This subpart sets forth establishment and discontinuance criteria 
for navigation aids operated and maintained by the United States.



Sec. 170.3  Definitions.

    For purposes of this subpart--
    Air navigation facility (NAVAID) means any facility used, available 
for use, or designated for use in the aid of air navigation. Included 
are landing areas; lights; signaling, radio direction-finding, or radio 
or other electronic communication; and any other structure or mechanism 
having a similar purpose of guiding or controlling flight or the landing 
or takeoff of aircraft.
    Air traffic clearance means an authorization by air traffic control 
for an aircraft to proceed under specified traffic conditions within 
controlled airspace for the purpose of preventing collision between 
known aircraft.
    Air traffic control (ATC) means a service that promotes the safe, 
orderly, and expeditious flow of air traffic, including airport, 
approach, departure, and en route air traffic control.
    Air traffic controller means a person authorized to provide air 
traffic service, specifically en route and terminal control personnel.
    Aircraft operations means the airborne movement of aircraft in 
controlled or noncontrolled airport terminal areas, and counts at en 
route fixes or other points where counts can be made. There are two 
types of operations: local and itinerant.
    (1) Local operations mean operations performed by aircraft which:
    (i) Operate in the local traffic pattern or within sight of the 
airport;
    (ii) Are known to be departing for, or arriving from flight in local 
practice areas located within a 20-mile radius of the airport; or
    (iii) Execute simulated instrument approaches or low passes at the 
airport.
    (2) Itinerant operations mean all aircraft operations other than 
local operations.
    Airport traffic control tower means a terminal facility, which 
through the use of air/ground communications, visual signaling, and 
other devices, provides ATC services to airborne aircraft operating in 
the vicinity of an airport and to aircraft operating on the airport 
area.
    Alternate airport means an airport, specified on a flight plan, to 
which a flight may proceed when a landing at the point of first intended 
landing becomes inadvisable.
    Approach means the flightpath established by the FAA to be used by 
aircraft landing on a runway.
    Approach control facility means a terminal air traffic control 
facility providing approach control service.
    Arrival means any aircraft arriving at an airport.
    Benefit-cost ratio means the quotient of the discounted life cycle 
benefits of an air traffic control service or navigation aid facility 
(i.e., ATCT) divided by the discounted life cycle costs.
    Ceiling means the vertical distance between the ground or water and 
the

[[Page 221]]

lowest layer of clouds or obscuring phenomena that is reported as 
``broken,'' ``overcast,'' or ``obstruction.''
    Control Tower--See Airport Traffic Control Tower.
    Criteria means the standards used by the FAA for the determination 
of establishment or discontinuance of a service or facility at an 
airport.
    Departure means any aircraft taking off from an airport.
    Discontinuance means the withdrawal of a service and/or facility 
from an airport.
    Establishment means the provision of a service or facility at a 
candidate airport.
    Instrument approach means a series of predetermined maneuvers for 
the orderly transfer of an aircraft under instrument flight conditions 
from the beginning of the initial approach to a landing, or to a point 
from which a landing may be made visually. It is prescribed and approved 
for a specific airport by competent authority.
    Instrument flight rules (IFR) means rules governing the procedures 
for conducting flight under instrument meteorological conditions (IMC) 
instrument flight.
    Instrument landing system (ILS) means an instrument landing system 
whereby the pilot guides his approach to a runway solely by reference to 
instruments in the cockpit. In some instances, the signals received from 
the ground can be fed into the automatic pilot for automatically 
controlled approaches.
    Instrument meteorological conditions (IMC) means weather conditions 
below the minimums prescribed for flight under Visual Flight Rules 
(VFR).
    Instrument operation means an aircraft operation in accordance with 
an IFT flight plan or an operation where IFR separation between aircraft 
is provided by a terminal control facility or air route traffic control 
center (ARTCC).
    Life cycle benefits means the value of services provided to aviation 
users over the life span of a facility or service.
    Life cycle costs means the value of research and development costs, 
investment costs, operation costs, maintenance costs, and termination 
costs over the life span of a facility or service.
    LORAN-C means an electronic navigational system by which hyperbolic 
lines of position are determined by measuring differences in time of 
reception of synchronized pulse signals from two fixed transmitters.
    Maintenance costs means the costs incurred in servicing and 
maintaining a facility after establishment.
    Mean sea level (MSL) means the base commonly used in measuring 
altitudes.
    Microwave landing system (MLS) means a landing system which enables 
equipped aircraft to make curved and closely spaced approaches to 
properly instrumented airports.
    Noncommercial traffic means all aircraft operations that are 
conducted free of compensation.
    Nonprecision approach procedure means an FAA standard for 
approaching an IFR runway where no electronic glide slope is available.
    Nonscheduled commercial service means the carriage by aircraft in 
air commerce of persons or property for compensation or hire that are 
not operated in regularly scheduled service such as charter flights.
    Present value (PV) means the value of a stream of future benefits or 
costs that are discounted to the present.
    PVB or BPV means the discounted value of life cycle benefits.
    PVC or CPV means the discounted value of life cycle benefits.
    PVCM or CMPV means the discounted value of operations and 
maintenance costs less termination costs over a facility's remaining 
life cycle.
    Runway means a defined rectangular area on a land airport prepared 
for the landing and takeoff of aircraft along its length.
    Runway visual range means an instrumentally derived value based on 
standard calibrations that represent the horizontal distance a pilot 
will see down the runway from the approach end.
    Scheduled commercial service means the carriage by aircraft in air 
commerce under parts 121 and 135 of persons or property for compensation 
or hire based on published flight schedules.
    Separation means the spacing of aircraft in flight and while landing 
and taking off to achieve their safe and orderly movement.

[[Page 222]]

    Takeoff clearance means authorization by an airport traffic control 
tower for an aircraft to take off.
    Tower cab means an ATC facility located at an airport. Controllers 
at these facilities direct ground traffic, takeoffs, and landings.
    Traffic advisories means advisories issued to alert pilots to other 
known or observed air traffic which may be in such proximity to the 
position or intended route of flight of their aircraft to warrant 
attention.
    Traffic pattern means the flow of aircraft operating on and in the 
vicinity of an airport during specified wind conditions as established 
by appropriate authority.
    VFR traffic means aircraft operated solely in accordance with Visual 
Flight Rules.
    Visual flight rules (VFR) means rules that govern the procedures for 
conducting flight under visual conditions. The term ``VFR'' is also used 
in the United States to indicate weather conditions that are equal to or 
greater than minimum VFR requirements. In addition, ``VFR'' is used by 
pilots and controllers to indicate the type of flight plan.
    Visual meteorological conditions (VMC) means meteorological 
conditions expressed in terms of visibility, distance from clouds, and 
ceiling equal to or better than specified minima.

[56 FR 341, Jan. 3, 1991, as amended by Amdt. 170-3, 66 FR 21067, Apr. 
27, 2001]



                Subpart B--Airport Traffic Control Towers



Sec. 170.11  Scope.

    This subpart sets forth establishment and discontinuance criteria 
for Airport Traffic Control Towers.



Sec. 170.13  Airport Traffic Control Tower (ATCT) establishment criteria.

    (a) The following criteria along with general facility establishment 
standards must be met before an airport can qualify for an ATCT:
    (1) The airport, whether publicly or privately owned, must be open 
to and available for use by the public as defined in the Airport and 
Airway Improvement Act of 1982;
    (2) The airport must be recognized by and contained within the 
National Plan of Integrated Airport Systems;
    (3) The airport owners/authorities must have entered into 
appropriate assurances and covenants to guarantee that the airport will 
continue in operation for a long enough period to permit the 
amortization of the ATCT investment;
    (4) The FAA must be furnished appropriate land without cost for 
construction of the ATCT; and
    (5) The airport must meet the benefit-cost ratio criteria specified 
herein utilizing three consecutive FAA annual counts and projections of 
future traffic during the expected life of the tower facility. (An FAA 
annual count is a fiscal year or a calendar year activity summary. Where 
actual traffic counts are unavailable or not recorded, adequately 
documented FAA estimates of the scheduled and nonscheduled activity may 
be used.)
    (b) An airport meets the establishment criteria when it satisfies 
paragraphs (a)(1) through (a)(5) of this section and its benefit-cost 
ratio equals or exceeds one. As defined in Sec. 170.3 of this part, the 
benefit-cost ratio is the ratio of the present value of the ATCT life 
cycle benefits (BPV) to the present value of ATCT life cycle costs 
(CPV).

BPV/CPV1.0

    (c) The satisfaction of all the criteria listed in this section does 
not guarantee that the airport will receive an ATCT.



Sec. 170.15  ATCT discontinuance criteria.

    An ATCT will be subject to discontinuance when the continued 
operation and maintenance costs less termination costs (CMPV) of the 
ATCT exceed the present value of its remaining life-cycle benefits 
(BPV):

BPV/CMPV1.0



                           Subpart C--LORAN-C

    Source: Amdt. 170-1, 58 FR 42817, Aug. 11, 1993, unless otherwise 
noted.

[[Page 223]]



Sec. 170.21  Scope.

    This subpart sets forth establishment and discontinuance criteria 
for LORAN-C.



Sec. 170.23  LORAN-C establishment criteria.

    (a) The criteria in paragraphs (a)(1) through (a)(6) of this 
section, along with general facility and navigational aid establishment 
requirements, must be met before a runway can be eligible for LORAN-C 
approach.
    (1) A runway must have landing surfaces judged adequate by the FAA 
to accommodate aircraft expected to use the approach and meet all FAA-
required airport design criteria for nonprecision runways.
    (2) A runway must be found acceptable for instrument flight rules 
operations as a result of an airport airspace analysis conducted in 
accordance with the current FAA regulations and provisions.
    (3) The LORAN-C signal must be of sufficient quality and accuracy to 
pass an FAA flight inspection.
    (4) It must be possible to remove, mark, or light all approach 
obstacles in accordance with FAA marking and lighting provisions.
    (5) Appropriate weather information must be available.
    (6) Air-to-ground communications must be available at the initial 
approach fix minimum altitude and at the missed approach altitude.
    (b) A runway meets the establishment criteria for a LORAN-C approach 
when it satisfies paragraphs (a)(1) through (a)(6) of this section and 
the estimated value of benefits associated with the LORAN-C approach 
equals or exceeds the estimated costs (benefit-cost ratio equals or 
exceeds one). As defined in Sec. 170.3 of this part, the benefit-cost 
ratio is the ratio of the present value of the LORAN-C life-cycle 
benefits (PVB) to the present value of LORAN-C life-cycle costs (PVC):

PVB/PVC  1.0

    (c) The criteria do not cover all situations that may arise and are 
not used as a sole determinant in denying or granting the establishment 
of non-precision LORAN-C approach for which there is a demonstrated 
operational or air traffic control requirement.



Sec. 170.25  LORAN-C discontinuance criteria.

    A LORAN-C nonprecision approach may be subject to discontinuance 
when the present value of the continued maintenance costs (PVCM) of the 
LORAN-C approach exceed the present value of its remaining life-cycle 
benefits (PVB):

PVB/PVCM  1.0



PART 171--NON-FEDERAL NAVIGATION FACILITIES--Table of Contents




                        Subpart A--VOR Facilities

Sec.
171.1  Scope.
171.3  Requests for IFR procedure.
171.5  Minimum requirements for approval.
171.7  Performance requirements.
171.9  Installation requirements.
171.11  Maintenance and operations requirements.
171.13  Reports.

            Subpart B--Nondirectional Radio Beacon Facilities

171.21  Scope.
171.23  Requests for IFR procedure.
171.25  Minimum requirements for approval.
171.27  Performance requirements.
171.29  Installation requirements.
171.31  Maintenance and operations requirements.
171.33  Reports.

          Subpart C--Instrument Landing System (ILS) Facilities

171.41  Scope.
171.43  Requests for IFR procedure.
171.45  Minimum requirements for approval.
171.47  Performance requirements.
171.49  Installation requirements.
171.51  Maintenance and operations requirements.
171.53  Reports.

                         Subpart D--True Lights

171.61  Air navigation certificate: Revocation and termination.

                           Subpart E--General

171.71  Materials incorporated by reference.
171.73  Alternative forms of reports.
171.75  Submission of requests.

[[Page 224]]

            Subpart F--Simplified Directional Facility (SDF)

171.101  Scope.
171.103  Requests for IFR procedure.
171.105  Minimum requirements for approval.
171.107  Definition.
171.109  Performance requirements.
171.111  Ground standards and tolerances.
171.113  Installation requirements.
171.115  Maintenance and operations requirements.
171.117  Reports.

              Subpart G--Distance Measuring Equipment (DME)

171.151  Scope.
171.153  Requests for IFR procedure.
171.155  Minimum requirements for approval.
171.157  Performance requirements.
171.159  Installation requirements.
171.161  Maintenance and operations requirements.
171.163  Reports.

                      Subpart H--VHF Marker Beacons

171.201  Scope.
171.203  Requests for IFR procedure.
171.205  Minimum requirements for approval.
171.207  Performance requirements.
171.209  Installation requirements.
171.211  Maintenance and operations requirements.
171.213  Reports.

      Subpart I--Interim Standard Microwave Landing System (ISMLS)

171.251  Scope.
171.253  Definitions.
171.255  Requests for IFR procedures.
171.257  Minimum requirements for approval.
171.259  Performance requirements: General.
171.261  Localizer performance requirements.
171.263  Localizer automatic monitor system.
171.265  Glide path performance requirements.
171.267  Glide path automatic monitor system.
171.269  Marker beacon performance requirements.
171.271  Installation requirements.
171.273  Maintenance and operations requirements.
171.275  Reports.

                Subpart J--Microwave Landing System (MLS)

171.301  Scope.
171.303  Definitions.
171.305  Requests for IFR procedure.
171.307  Minimum requirements for approval.
171.309  General requirements.
171.311  Signal format requirements.
171.313  Azimuth performance requirements.
171.315  Azimuth monitor system requirements.
171.317  Approach elevation performance requirements.
171.319  Approach elevation monitor system requirements.
171.321  DME and marker beacon performance requirements.
171.323  Fabrication and installation requirements.
171.325  Maintenance and operations requirements.
171.327  Operational records.

    Authority: 49 U.S.C. 106(g), 40103-40107, 40109, 40113, 44502, 
44701-44702, 44708-44709, 44711, 44719-44721, 45303, 46308.

    Source: Docket No. 5034, 29 FR 11337, Aug. 6, 1964, unless otherwise 
noted.



                        Subpart A--VOR Facilities



Sec. 171.1  Scope.

    This subpart sets forth minimum requirements for the approval and 
operation on non-Federal VOR facilities that are to be involved in the 
approval of instrument flight rules and air traffic control procedures 
related to those facilities.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966; Amdt. 171-7, 35 FR 12711, Aug. 11, 1970]



Sec. 171.3  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure based on a VOR 
facility that he owns must submit the following information with that 
request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. 171.7 and is installed in 
accordance with Sec. 171.9.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance organization and maintenance manual that 
meets the requirements of Sec. 171.11.
    (4) A statement of intention to meet the requirements of this 
subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability and an acceptable standard of performance. 
Previous equivalent operational experience with a facility with 
identical design and operational characteristics will be considered in 
showing compliance with this paragraph.

[[Page 225]]

    (b) After the FAA inspects and evaluates the facility, it advises 
the owner of the results and of any required changes in the facility or 
the maintenance manual or maintenance organization. The owner must then 
correct the deficiencies, if any, and operate the facility for an in-
service evaluation by the FAA.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970]



Sec. 171.5  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the FAA will approve an IFR procedure for a non-Federal VOR:
    (1) The facility's performance, as determined by air and ground 
inspection, must meet the requirements of Sec. 171.7.
    (2) The installation of the equipment must meet the requirements of 
Sec. 171.9.
    (3) The owner must agree to operate and maintain the facility in 
accord- ance with Sec. 171.11.
    (4) The owner must agree to furnish periodic reports, as set forth 
in Sec. 171.13, and must agree to allow the FAA to inspect the facility 
and its operation whenever necessary.
    (5) The owner must assure the FAA that he will not withdraw the 
facility from service without the permission of the FAA.
    (6) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspections made before the 
facility is commissioned, except that the Federal Aviation 
Administration may bear certain of these costs subject to budgetary 
limitations and policy established by the Administrator.
    (b) If the applicant for approval meets the requirements of 
paragraph (a) of this section, the FAA commissions the facility as a 
prerequisite to its approval for use in an IFR procedure. The approval 
is withdrawn at any time the facility does not continue to meet those 
requirements.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-6, 35 
FR 10288, June 24, 1970]



Sec. 171.7  Performance requirements.

    (a) The VOR must perform in accordance with the ``International 
Standards and Recommended Practices, Aeronautical Telecommunications,'' 
Part I, paragraph 3.3 (Annex 10 to the Convention on International Civil 
Aviation), except that part of paragraph 3.3.2.1 specifying a radio 
frequency tolerance of 0.005 percent, and that part of paragraph 3.3.7 
requiring removal of only the bearing information. In place thereof, the 
frequency tolerance of the radio frequency carrier must not exceed plus 
or minus 0.002 percent, and all radiation must be removed during the 
specified deviations from established conditions and during periods of 
monitor failure.
    (b) Ground inspection consists of an examination of the design 
features of the equipment to determine that there will not be conditions 
that will allow unsafe operations because of component failure or 
deterioration.
    (c) The monitor is checked periodi- cally, during the in-service 
test evaluation period, for calibration and stability The tests are made 
with a standard ``Reference and variable phase signal generator'' and 
associated test equipment, including an oscilloscope and portable field 
detector. In general, the ground check is conducted in accord- ance with 
section 8.4 of FAA Handbook AF P 6790.9 ``Maintenance Instruction for 
VHF Omniranges'', adapted for the facility concerned.
    (d) Flight tests to determine the facility's adequacy for 
operational requirements and compliance with applicable ``Standards and 
Recommended Practices'' are conducted in accordance with the ``U.S. 
Standard Flight Inspection Manual'', particularly section 201.
    (e) After January 1, 1975, the owner of the VOR shall modify the 
facility to perform in accordance with paragraph 3.3.5.7 of Annex 10 to 
the Convention on International Civil Aviation within 180 days after 
receipt of notice from the Administrator that 50 kHz channel spacing is 
to be implemented in the area and that a requirement exists for 
suppression of 9960 Hz subcarrier harmonics.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970; Amdt. 171-9, 38 FR 28557, Oct. 15, 1973]

[[Page 226]]



Sec. 171.9  Installation requirements.

    (a) The facility must be installed according to accepted good 
engineering practices, applicable electric and safety codes, and the 
installation must meet at least the Federal Communication Commission's 
licensing requirements.
    (b) The facility must have a reliable source of suitable primary 
power, either from a power distribution system or locally generated, 
with a supplemental standby system, if needed.
    (c) Dual transmitting equipment with automatic changeover is 
preferred and may be required to support certain IFR procedures.
    (d) There must be a means for determining, from the ground, the 
perform- ance of the equipment, including the antenna, initially and 
periodically.
    (e) A facility intended for use as an instrument approach aid for an 
airport must have or be supplemented by (depending on circumstances) the 
following ground-air or landline communications services:
    (1) At facilities outside of and not immediately adjacent to 
controlled airspace, there must be ground-air communications from the 
airport served by the facility. Separate communications channels are 
acceptable.
    (2) At facilities within or immediately adjacent to controlled 
airspace, there must be the ground-air communications required by 
paragraph (e)(1) of this section and reliable communications (at least a 
landline telephone) from the airport to the nearest FAA air traffic 
control or communication facility.

Paragraphs (e) (1) and (2) of this section are not mandatory at airports 
where an adjacent FAA facility can communicate with aircraft on the 
ground at the airport and during the entire proposed instrument approach 
procedure. In addition, at low traffic density airports within or 
immediately adjacent to controlled airspace and where extensive delays 
are not a factor, the requirements of paragraphs (e) (1) and (2) of this 
section may be reduced to reliable communications (at least a landline 
telephone) from the airport to the nearest FAA air traffic control or 
communication facility, if an adjacent FAA facility can communicate with 
aircraft during the proposed instrument approach procedure, at least 
down to the minimum en route altitude for the controlled airspace area.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970; Amdt. 171-16, 56 FR 65664, Dec. 17, 1991]



Sec. 171.11  Maintenance and operations requirements.

    (a) The owner of the facility must establish an adequate maintenance 
system and provide qualified maintenance personnel to maintain the 
facility at the level attained at the time it was commissioned. Each 
person who maintains a facility must meet at least the Federal 
Communications Commission's licensing requirements and show that he has 
the special knowledge and skills needed to maintain the facility 
including proficiency in maintenance procedures and the use of 
specialized test equipment.
    (b) The owner must prepare, and obtain FAA approval of, an 
operations and maintenance manual that sets forth mandatory procedures 
for operations, preventive maintenance, and emergency maintenance, 
including instructions on each of the following:
    (1) Physical security of the facility.
    (2) Maintenance and operations by authorized persons only.
    (3) FCC licensing requirements for operating and maintenance 
personnel.
    (4) Posting of licenses and signs.
    (5) Relations between the facility and FAA air traffic control 
facilities, with a description of the boundaries of controlled airspace 
over or near the facility, instructions for relaying air traffic control 
instructions and information (if applicable), and instructions for the 
operation of an air traffic advisory service if the VOR is located 
outside of controlled airspace.
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed and specific maintenance procedures and servicing 
guides stating the frequency of servicing.
    (8) Air-ground communications, if provided, expressly written or 
incorporating appropriate sections of FAA manuals by reference.

[[Page 227]]

    (9) Keeping of station logs and other technical reports, and the 
submission of reports required by Sec. 171.13.
    (10) Monitoring of the facility.
    (11) Inspections by United States personnel.
    (12) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (13) Shutdowns for routine maintenance and issue of ``Notices to 
Airmen'' for routine or emergency shutdowns (private use facilities may 
omit the ``Notices to Airmen'').
    (14) An explanation of the kinds of activity (such as construction 
or grading) in the vicinity of the facility that may require shutdown or 
recertification of the facility by FAA flight check.
    (15) Procedures for conducting a ground check of course accuracy.
    (16) Commissioning of the facility.
    (17) An acceptable procedure for amending or revising the manual.
    (18) The following information concerning the facility:
    (i) Location by latitude and longitude to the nearest second, and 
its position with respect to airport layouts.
    (ii) The type, make, and model of the basic radio equipment that 
will provide the service.
    (iii) The station power emission and frequency.
    (iv) The hours of operation.
    (v) Station identification call letters and method of station 
identification, whether by Morse code or recorded voice announcement, 
and the time spacing of the identification.
    (vi) A description of the critical parts that may not be changed, 
adjusted, or repaired without an FAA flight check to confirm published 
operations.
    (c) The owner shall make a ground check of course accuracy each 
month in accordance with procedures approved by the FAA at the time of 
commissioning, and shall report the results of the checks as provided in 
Sec. 171.13.
    (d) If the owner desires to modify the facility, he must submit the 
proposal to the FAA and may not allow any modifications to be made 
without specific approval.
    (e) The owner's maintenance personnel must participate in initial 
inspections made by the FAA. In the case of subsequent inspections, the 
owner or his representative shall participate.
    (f) Whenever it is required by the FAA, the owner shall incorporate 
improvements in VOR maintenance brought about by progress in the state 
of the art. In addition, he shall provide a stock of spare parts, 
including vacuum tubes, of such a quantity to make possible the prompt 
replacement of components that fail or deteriorate in service.
    (g) The owner shall provide all approved test instruments needed for 
maintenance of the facility.
    (h) The owner shall close the facility upon receiving two successive 
pilot reports of its malfunctioning.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966]



Sec. 171.13  Reports.

    The owner of each facility to which this subpart applies shall make 
the following reports on forms furnished by the FAA, at the times 
indicated, to the FAA Regional office for the area in which the facility 
is located:
    (a) Record of meter readings and adjustments (Form FAA-198). To be 
filled out by the owner with the equipment adjustments and meter 
readings as of the time of commissioning, with one copy to be kept in 
the permanent rec- ords of the facility and two copies to the 
appropriate Regional office of the FAA. The owner shall revise the form 
after any major repair, modernization, or returning, to reflect an 
accurate record of facility operation and adjustment.
    (b) Facility maintenance log (FAA Form 6003-1). This form is a 
permanent record of all equipment malfunctioning met in maintaining the 
facility, including information on the kind of work and adjustments 
made, equipment failures, causes (if determined), and corrective action 
taken. The owner shall keep the original of each report at the facility 
and send a copy to the appropriate Regional office of the FAA at the end 
of the month in which it is prepared.
    (c) Radio equipment operation record (Form FAA-418). To contain a 
complete record of meter readings, recorded on each scheduled visit to 
the facility.

[[Page 228]]

The owner shall keep the original of each month's record at the facility 
and send a copy of it to the appropriate Regional office of the FAA.
    (d) [Reserved]
    (e) VOR ground check error data (Forms FAA-2396 and 2397). To 
contain results of the monthly course accuracy ground check in 
accordance with FAA Handbook AF P 6790.9 ``Maintenance Instructions for 
VHF Omniranges''. The owner shall keep the originals in the facility and 
send a copy of each form to the appropriate Regional office of the FAA 
on a monthly basis.

(49 U.S.C. 1348)

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-5, 34 
FR 15245, Sept. 30, 1969; Amdt. 171-10, 40 FR 36110, Aug. 19, 1975]



            Subpart B--Nondirectional Radio Beacon Facilities



Sec. 171.21  Scope.

    (a) This subpart sets forth minimum requirements for the approval 
and operation of non-Federal, nondirectional radio beacon facilities 
that are to be involved in the approval of instrument flight rules and 
air traffic control procedures related to those facilities.
    (b) A nondirectional radio beacon (``H'' facilities domestically--
NDB facilities internationally) radiates a continuous carrier of 
approximately equal intensity at all azimuths. The carrier is modulated 
at 1020 cycles per second for station identification purposes.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966; Amdt. 171-7, 35 FR 12711, Aug. 11, 1970]



Sec. 171.23  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure based on a 
nondirectional radio beacon facility that he owns must submit the 
following information with that request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. 171.27 and is installed in 
accordance with Sec. 171.29.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance arrangement and a maintenance manual that 
meets the requirements of Sec. 171.31.
    (4) A statement of intention to meet the requirements of this 
subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability and an acceptable standard of performance. 
Previous equivalent operational experience with a facility with 
identical design and operational characteristics will be considered in 
showing compliance with this subparagraph.
    (b) After the FAA inspects and evaluates the facility, it advises 
the owner of the results and of any required changes in the facility or 
the maintenance manual or maintenance organization. The owner must then 
correct the deficiencies, if any, and operate the facility for an in-
service evaluation by the FAA.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970]



Sec. 171.25  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the FAA will approve an IFR procedure for a non-Federal, 
nondirectional radio beacon facility under this subpart:
    (1) The facility's performances, as determined by air and ground 
inspection, must meet the requirements of Sec. 171.27.
    (2) The installation of the equipment must meet the requirements of 
Sec. 171.29.
    (3) The owner must agree to operate and maintain the facility in 
accord- ance with Sec. 171.31.
    (4) The owner must agree to furnish periodic reports, as set forth 
in Sec. 171.33, and agree to allow the FAA to inspect the facility and 
its operation whenever necessary.
    (5) The owner must assure the FAA that he will not withdraw the 
facility from service without the permission of the FAA.
    (6) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspections made before the 
facility is commissioned, except that the Federal Aviation 
Administration may bear certain of these costs subject to budgetary 
limitations and policy established by the Administrator.

[[Page 229]]

    (b) If the applicant for approval meets the requirements of 
paragraph (a) of this section, the FAA commissions the facility as a 
prerequisite to its approval for use in an IFR procedure. The approval 
is withdrawn at any time the facility does not continue to meet those 
requirements. In addition, the facility may be de-commissioned whenever 
the frequency channel is needed for higher priority common system 
service.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-6, 35 
FR 10288, June 24, 1970]



Sec. 171.27  Performance requirements.

    (a) The facility must meet the performance requirements set forth in 
the ``International Standards and Recommended Practices, Aeronautical 
Telecommunications, Part I, paragraph 3.4'' (Annex 10 to the Convention 
on International Civil Aviation), except that identification by on-off 
keying of a second carrier frequency, separated from the main carrier by 
1020 Hz plus or minus 50 Hz, is also acceptable.
    (b) The facility must perform in accordance with recognized and 
accepted good electronic engineering practices for the desired service.
    (c) Ground inspection consists of an examination of the design 
features of the equipment to determine (based on recognized and accepted 
good engineering practices) that there will not be conditions that will 
allow unsafe operations because of component failure or deterioration.
    (d) Flight tests to determine the facility's adequacy for 
operational requirements and compliance with applicable ``Standards and 
Recommended Practices'' are conducted in accord- ance with the ``U.S. 
Standard Flight Inspection Manual'', particularly section 207. The 
original test is made by the FAA and later tests shall be made under 
arrangements, satisfactory to the FAA, that are made by the owner.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970]



Sec. 171.29  Installation requirements.

    (a) The facility must be installed according to accepted good 
engineering practices, applicable electric and safety codes, and FCC 
licensing requirements.
    (b) The facility must have a reliable source of suitable primary 
power.
    (c) Dual transmitting equipment may be required to support some IFR 
procedures.
    (d) A facility intended for use as an instrument approach aid for an 
airport must have or be supplemented by (depending on the circumstances) 
the following ground-air or landline communications services:
    (1) At facilities outside of and not immediately adjacent to 
controlled airspace, there must be ground-air communications from the 
airport served by the facility. Voice on the aid controlled from the 
airport is acceptable.
    (2) At facilities within or immediately adjacent to controlled 
airspace, there must be the ground-air communications required by 
paragraph (d)(1) of this section and reliable communications (at least a 
landline telephone) from the airport to the nearest FAA air traffic 
control or communication facility.

Paragraphs (d) (1) and (2) of this section are not mandatory at airports 
where an adjacent FAA facility can communicate with aircraft on the 
ground at the airport and during the entire proposed instrument approach 
procedure. In addition, at low traffic density airports within or 
immediately adjacent to controlled airspace, and where extensive delays 
are not a factor, the requirements of paragraphs (d) (1) and (2) of this 
section may be reduced to reliable communications (at least a landline 
telephone) from the airport to the nearest FAA air traffic control or 
communications facility, if an adjacent FAA facility can communicate 
with aircraft during the proposed instrument approach procedure, at 
least down to the minimum en route altitude for the controlled airspace 
area.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-16, 
56 FR 65664, Dec. 17, 1991]



Sec. 171.31  Maintenance and operations requirements.

    (a) The owner of the facility must establish an adequate maintenance 
system and provide qualified maintenance

[[Page 230]]

personnel to maintain the facility at the level attained at the time it 
was commissioned. Each person who maintains a facility must meet at 
least the Federal Communications Commission's licensing requirements and 
show that he has the special knowledge and skills needed to maintain the 
facility including proficiency in maintenance procedures and the use of 
specialized test equipment.
    (b) The owner must prepare, and obtain approval of, an operations 
and maintenance manual that sets forth mandatory procedures for 
operations, preventive maintenance, and emergency maintenance, including 
instructions on each of the following:
    (1) Physical security of the facility.
    (2) Maintenance and operations by authorized persons only.
    (3) FCC licensing requirements for operating and maintenance 
personnel.
    (4) Posting of licenses and signs.
    (5) Relations between the facility and FAA air traffic control 
facilities, with a description of the boundaries of controlled airspace 
over or near the facility, instructions for relaying air traffic control 
instructions and information (if applicable), and instructions for the 
operation of an air traffic advisory service if the facility is located 
outside of controlled airspace.
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed arrangements for maintenance flight inspection and 
servicing stating the frequency of servicing.
    (8) Air-ground communications, if provided, expressly written or 
incorporating appropriate sections of FAA manuals by reference.
    (9) Keeping of station logs and other technical reports, and the 
submission of reports required by Sec. 171.33.
    (10) Monitoring of the facility, at least once each half hour, to 
assure continuous operation.
    (11) Inspections by United States personnel.
    (12) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (13) Shutdowns for routine maintenance and issue of ``Notices to 
Airmen'' for routine or emergency shutdowns (private use facilities may 
omit the ``Notices to Airmen'').
    (14) Commissioning of the facility.
    (15) An acceptable procedure for amending or revising the manual.
    (16) The following information concerning the facility:
    (i) Location by latitude and longitude to the nearest second, and 
its position with respect to airport layouts.
    (ii) The type, make, and model of the basic radio equipment that 
will provide the service.
    (iii) The station power emission and frequency.
    (iv) The hours of operation.
    (v) Station identification call letters and method of station 
identification, whether by Morse code or recorded voice announcement, 
and the time spacing of the identification.
    (c) If the owner desires to modify the facility, he must submit the 
proposal to the FAA and meet applicable requirements of the FCC.
    (d) The owner's maintenance personnel must participate in initial 
inspections made by the FAA. In the case of subsequent inspections, the 
owner or his representative shall participate.
    (e) The owner shall provide a stock of spare parts, including vacuum 
tubes, of such a quantity to make possible the prompt replacement of 
components that fail or deteriorate in service.
    (f) The owner shall close the facility upon receiving two successive 
pilot reports of its malfunctioning.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966]



Sec. 171.33  Reports.

    The owner of each facility to which this subpart applies shall make 
the following reports, at the times indicated, to the FAA Regional 
office for the area in which the facility is located:
    (a) Record of meter readings and adjustments (Form FAA-198). To be 
filled out by the owner or his maintenance representative with the 
equipment adjustments and meter readings as of the time of 
commissioning, with one copy to be kept in the permanent rec- ords of 
the facility and two copies to the appropriate Regional Office of the 
FAA. The owner shall revise the form after

[[Page 231]]

any major repair, modernization, or returning, to reflect an accurate 
record of facility operation and adjustment.
    (b) Facility maintenance log (FAA Form 6030-1). This form is a 
permanent record of all equipment malfunctioning met in maintaining the 
facility, including information on the kind of work and adjustments 
made, equipment failures, causes (if determined), and corrective action 
taken. The owner shall keep the original of each report at the facility 
and send a copy to the appropriate Regional Office of the FAA at the end 
of the month in which it is prepared.
    (c) Radio equipment operation record (Form FAA-418). To contain a 
complete record of meter readings, recorded on each scheduled visit to 
the facility. The owner shall keep the original of each month's record 
at the facility and send a copy of it to the appropriate Regional Office 
of the FAA.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-10, 
40 FR 36110, Aug. 19, 1975]



          Subpart C--Instrument Landing System (ILS) Facilities



Sec. 171.41  Scope.

    This subpart sets forth minimum requirements for the approval and 
operation of non-Federal Instrument Landing System (ILS) Facilities that 
are to be involved in the approval of instrument flight rules and air 
traffic control procedures related to those facilities.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966; Amdt. 171-7, 35 FR 12711, Aug. 11, 1970]



Sec. 171.43  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure based on an ILS 
facility that he owns must submit the following information with that 
request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. 171.47 and is installed in 
accordance with Sec. 171.49.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance organization and a maintenance manual 
that meets the requirements of Sec. 171.51.
    (4) A statement of intent to meet the requirements of this subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability and an acceptable standard of performance. 
Previous equivalent operational experience with a facility with 
identical design and operational characteristics will be considered in 
showing compliance with this subparagraph.
    (b) After the FAA inspects and evaluates the facility, it advises 
the owner of the results and of any required changes in the facility or 
the maintenance manual or maintenance organization. The owner must then 
correct the deficiencies, if any, and operate the facility for an in-
service evaluation by the FAA.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970]



Sec. 171.45  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the FAA will approve an IFR procedure for a non-Federal 
Instrument Landing System:
    (1) The facility's performance, as determined by air and ground 
inspection, must meet the requirements of Sec. 171.47.
    (2) The installation of the equipment must meet the requirements of 
Sec. 171.49.
    (3) The owner must agree to operate and maintain the facility in 
accord- ance with Sec. 171.51.
    (4) The owner must agree to furnish periodic reports, as set forth 
in Sec. 171.53 and agree to allow the FAA to inspect the facility and 
its operation whenever necessary.
    (5) The owner must assure the FAA that he will not withdraw the 
facility from service without the permission of the FAA.
    (6) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspections made before the 
facility is commissioned, except that the Federal Aviation 
Administration may bear certain of these costs subject to budgetary 
limitations and policy established by the Administrator.
    (b) If the applicant for approval meets the requirements of 
paragraph

[[Page 232]]

(a) of this section, the FAA commissions the facility as a prerequisite 
to its approval for use in an IFR procedure. The approval is withdrawn 
at any time the facility does not continue to meet those requirements. 
In addition, the facility may be de-commissioned whenever the frequency 
channel is needed for higher priority common system service.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-6, 35 
FR 10288, June 24, 1970]



Sec. 171.47  Performance requirements.

    (a) The Instrument Landing System must perform in accordance with 
the ``International Standards and Recommended Practices, Aeronautical 
Telecommunications, Part I, Paragraph 3.1'' (Annex 10 to the Convention 
on International Civil Aviation) except as follows:
    (1) The first part of paragraph 3.1.3, relating to suppression of 
radiation wholly or in part in any or all directions outside the 20-
degree sector centered on the course line to reduce localizer does not 
apply.
    (2) Radiation patterns must conform to limits specified in 3.1.3.3 
and 3.1.3.4, but this does not mean that suppression of radiation to the 
rear of the antenna array to satisfy difficult siting positions (as per 
3.1.3.1.4) is not allowed. For example, if a reflector screen for the 
antenna array is required to overcome a siting problem, the area to the 
rear of the localizer may be made unusable and should be so advertised.
    (3) A third marker beacon (inner marker) is not required.
    (4) The frequency tolerance of the radio frequency carrier must not 
exceed plus or minus 0.002 percent.
    (b) Ground inspection consists of an examination of the design 
features of the equipment to determine that there will not be conditions 
that will allow unsafe operations because of component failure or 
deterioration.
    (c) The monitor is checked periodically, during the in-service test 
evaluation period, for calibration and stability. These tests, and 
ground checks of glide slope and localizer radiation characteristics, 
are conducted in accordance with FAA Handbooks AF P 6750.1 and AF P 
6750.2 ``Maintenance Instructions for ILS Localizer Equipment'' and 
``Maintenance Instructions for ILS Glide Slope Equipment''.
    (d) Flight tests to determine the facility's adequacy for 
operational requirements and compliance with applicable ``Standards and 
Recommended Practices'' are conducted in accord- ance with the ``U.S. 
Standard Flight Inspection Manual'', particularly section 217.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1974, as amended by Amdt. 171-9, 38 
FR 28557, Oct. 15, 1973]



Sec. 171.49  Installation requirements.

    (a) The facility must be of a permanent nature, located, 
constructed, and installed according to ICAO Standards (Annex 10), 
accepted good engineering practices, applicable electric and safety 
codes, and FCC licensing requirements.
    (b) The facility must have a reliable source of suitable primary 
power, either from a power distribution system or locally generated. A 
determination by the Administrator as to whether a facility will be 
required to have stand-by power for the localizer, glide slope and 
monitor accessories to supplement the primary power, will be made for 
each airport based upon operational minimums and density of air traffic.
    (c) A determination by the Administrator as to whether a facility 
will be required to have dual transmitting equipment with automatic 
changeover for localizer and glide slope components, will be made for 
each airport based upon operational minimums and density of air traffic.
    (d) There must be a means for determining, from the ground, the 
perform- ance of the equipment (including antennae), initially and 
periodically.
    (e) The facility must have, or be supplemented by (depending on the 
circumstances) the following ground-air or landline communications 
services:
    (1) At facilities outside of and not immediately adjacent to 
controlled airspace, there must be ground-air communications from the 
airport served by the facility. The utilization of voice on the ILS 
frequency should be determined by the facility operator on an individual 
basis.

[[Page 233]]

    (2) At facilities within or immediately adjacent to controlled 
airspace, there must be the ground-air communications required by 
paragraph (e)(1) of this section and reliable communications (at least a 
landline telephone) from the airport to the nearest FAA air traffic 
control or communications facility.

Paragraphs (e)(1) and (e)(2) of this section are not mandatory at 
airports where an adjacent FAA facility can communicate with aircraft on 
the ground at the airport and during the entire proposed instrument 
approach procedure. In addition, at low traffic density airports within 
or immediately adjacent to controlled airspace, and where extensive 
delays are not a factor, the requirements of paragraphs (e)(1) and 
(e)(2) of this section may be reduced to reliable communications (at 
least a landline telephone) from the airport to the nearest FAA air 
traffic control or communications facility, if an adjacent FAA facility 
can communicate with aircraft during the proposed instrument approach 
procedure down to the airport surface or at least to the minimum 
approach altitude.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-6, 35 
FR 10288, June 24, 1970; Amdt. 171-16, 56 FR 65664, Dec. 17, 1991]



Sec. 171.51  Maintenance and operations requirements.

    (a) The owner of the facility must establish an adequate maintenance 
system and provide qualified maintenance personnel to maintain the 
facility at the level attained at the time it was commissioned. Each 
person who maintains a facility must meet at least the Federal 
Communications Commission's licensing requirements and show that he has 
the special knowledge and skills needed to maintain the facility 
including proficiency in maintenance procedures and the use of 
specialized test equipment.
    (b) The owner must prepare, and obtain approval of, an operations 
and maintenance manual that sets forth mandatory procedures for 
operations, preventive maintenance, and emergency maintenance, including 
instructions on each of the following:
    (1) Physical security of the facility.
    (2) Maintenance and operations by authorized persons only.
    (3) FCC licensing requirements for operating and maintenance 
personnel.
    (4) Posting of licenses and signs.
    (5) Relation between the facility and FAA air traffic control 
facilities, with a description of the boundaries of controlled airspace 
over or near the facility, instructions for relaying air traffic control 
instructions and information (if applicable), and instructions for the 
operations of an air traffic advisory service if the facility is located 
outside of controlled airspace.
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed and specific maintenance procedures and servicing 
guides stating the frequency of servicing.
    (8) Air-ground communications, if provided, expressly written or 
incorporating appropriate sections of FAA manuals by reference.
    (9) Keeping of station logs and other technical reports, and the 
submission of reports required by Sec. 171.53.
    (10) Monitoring of the facility.
    (11) Inspections by United States personnel.
    (12) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (13) Shutdowns for routine maintenance and issue of ``Notices to 
Airmen'' for routine or emergency shutdowns (private use facilities may 
omit the ``Notices to Airmen'').
    (14) Commissioning of the facility.
    (15) An acceptable procedure for amending or revising the manual.
    (16) An explanation of the kinds of activities (such as construction 
or grading) in the vicinity of the facility that may require shutdown or 
recertification of the facility by FAA flight check.
    (17) Procedures for conducting a ground check or localizer course 
alignment width, and clearance, and glide slope elevation angle and 
width.
    (18) The following information concerning the facility:
    (i) Facility component locations with respect to airport layout, 
instrument runway, and similar areas.
    (ii) The type, make, and model of the basic radio equipment that 
will provide the service.

[[Page 234]]

    (iii) The station power emission and frequencies of the localizer, 
glide slope, markers, and associated compass locators, if any.
    (iv) The hours of operation.
    (v) Station identification call letters and method of station 
identification and the time spacing of the identification.
    (vi) A description of the critical parts that may not be changed, 
adjusted, or repaired without an FAA flight check to confirm published 
operations.
    (c) The owner shall make a ground check of the facility each month 
in accordance with procedures approved by the FAA at the time of 
commissioning, and shall report the results of the checks as provided in 
Sec. 171.53.
    (d) If the owner desires to modify the facility, he must submit the 
proposal to the FAA and may not allow any modifications to be made 
without specific approval.
    (e) ``The owner's maintenance personnel must participate in initial 
inspections made by the FAA. In the case of subsequent inspections, the 
owner or his representative shall participate.''
    (f) Whenever it is required by the FAA, the owner shall incorporate 
improvements in ILS maintenance brought about by progress in the state 
of the art. In addition, he shall provide a stock of spare parts, 
including vacuum tubes, of such a quantity to make possible the prompt 
replacement of components that fail or deteriorate in service.
    (g) The owner shall provide FAA approved test instruments needed for 
maintenance of the facility.
    (h) The owner shall close the facility upon receiving two successive 
pilot reports of its malfunctioning.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966]



Sec. 171.53  Reports.

    The owner of each facility to which this subpart applies shall make 
the following reports, at the times indicated, to the FAA Regional 
Office for the area in which the facility is located:
    (a) Record of meter readings and adjustments (Form FAA-198). To be 
filled out by the owner or his maintenance representative with the 
equipment adjustments and meter readings as of the time of 
commissioning, with one copy to be kept in the permanent records of the 
facility and two copies to the appropriate Regional Office of the FAA. 
The owner shall revise the form after any major repair, modernization, 
or retuning, to reflect an accurate record of facility operation and 
adjustment.
    (b) Facility maintenance log (FormFAA 6030-1). This form is a 
permanent record of all equipment malfunctioning met in maintaining the 
facility, including information on the kind of work and adjustments 
made, equipment failures, causes (if determined), and corrective action 
taken. The owner shall keep the original of each report at the facility 
and send a copy to the appropriate Regional Office of the FAA at the end 
of each month in which it is prepared.
    (c) Radio equipment operation record (Form FAA-418). To contain a 
complete record of meter readings, recorded on each scheduled visit to 
the facility. The owner shall keep the original of each month's record 
at the facility and send a copy of it to the appropriate Regional Office 
of the FAA.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-5, 34 
FR 15245, Sept. 30, 1969; Amdt. 171-10, 40 FR 36110, Aug. 19, 1975]



                         Subpart D--True Lights



Sec. 171.61  Air navigation certificate: Revocation and termination.

    (a) Except as provided in paragraph (b) of this section, each air 
navigation certificate of ``Lawful Authority to Operate a True Light'' 
is hereby revoked, and each application therefor is hereby terminated.
    (b) Paragraph (a) of this section does not apply to--
    (1) A certificate issued to a Federal-Aid Airport Program sponsor 
who was required to apply for that certificate under regulations then in 
effect, and who has not surrendered that certificate under 
Sec. 151.86(e) of this chapter; or
    (2) An application made by a Federal-Aid Airport Program sponsor who 
was required to make that application under regulations then in effect, 
and

[[Page 235]]

who has not terminated that application under Sec. 151.86(e) of this 
chapter.

(49 U.S.C. 1101-1120; sec. 307, 72 Stat. 749, 49 U.S.C. 1348)

[Amdt. 171-4, 33 FR 12545, Sept. 5, 1968]



                           Subpart E--General



Sec. 171.71  Materials incorporated by reference.

    Copies of standards, recommended practices and documents 
incorporated by reference in this part are available for the use of 
interested persons at any FAA Regional Office and FAA Headquarters. An 
historical file of these materials is maintained at Headquarters, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20590.

[Amdt. 171-8, 36 FR 5584, Mar. 25, 1971]



Sec. 171.73  Alternative forms of reports.

    On a case-by-case basis, a Regional Administrator may accept any 
report in a format other than the FAA form required by this part if he 
is satisfied that the report contains all the information required on 
the FAA form and can be processed by FAA as conveniently as the FAA 
form.

(49 U.S.C. 1348)

[Amdt. 171-5, 34 FR 15245, Sept. 30, 1969, as amended by Amdt. 171-15, 
54 FR 39296, Sept. 25, 1989]



Sec. 171.75  Submission of requests.

    (a) Requests for approval of facilities not having design and 
operational characteristics identical to those of facilities currently 
approved under this part, including requests for deviations from this 
part for such facilities, must be submitted to the Director, Advanced 
Systems Design Service.
    (b) The following requests must be submitted to the Regional 
Administrator of the region in which the facility is located:
    (1) Requests for approval of facilities that have design and 
operational characteristics identical to those of facilities currently 
approved under this part, including requests for deviations from this 
part for such facilities.
    (2) Requests for deviations from this part for facilities currently 
approved under this part.
    (3) Requests for modification of facilities currently approved under 
this part.

[Amdt. 171-7, 35 FR 12711, Aug. 11, 1970, as amended by Amdt. 171-15, 54 
FR 39296, Sept. 25, 1989]



            Subpart F--Simplified Directional Facility (SDF)

    Source: Docket No. 10116, 35 FR 12711, Aug. 11, 1970, unless 
otherwise noted.



Sec. 171.101  Scope.

    This subpart sets forth minimum requirements for the approval and 
operation of non-Federal Simplified Directional Facilities (SDF) that 
are to be involved in the approval of instrument flight rules and air 
traffic control procedures related to those facilities.



Sec. 171.103  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure based on an SDF that 
he owns must submit the following information with that request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. 171.109 and the standards and 
tolerances of Sec. 171.111, and is installed in accordance with 
Sec. 171.113.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance organization and a maintenance manual 
that meets the requirements of Sec. 171.115.
    (4) A statement of intent to meet the requirements of this subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability as prescribed in Sec. 171.111(k), and an 
acceptable standard of performance. Previous equivalent operational 
experience with a facility with identical design and operational 
characteristics will be considered in showing compliance with this 
paragraph.
    (b) After the Federal Aviation Administration inspects and evaluates 
the facility, it advises the owner of the results and of any required 
changes in the facility or the maintenance manual or maintenance 
organization. The

[[Page 236]]

owner must then correct the deficiencies, if any, and operate the 
facility for an in-service evaluation by the Federal Aviation 
Administration.



Sec. 171.105  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the Federal Aviation Administration will approve an IFR procedure 
for a non-Federal Simplified Directional Facility:
    (1) A suitable frequency channel must be available.
    (2) The facility's performance, as determined by air and ground 
inspection, must meet the requirements of Secs. 171.109 and 171.111.
    (3) The installation of the equipment must meet the requirements of 
Sec. 171.113.
    (4) The owner must agree to operate and maintain the facility in 
accordance with Sec. 171.115.
    (5) The owner must agree to furnish periodic reports as set forth in 
Sec. 171.117, and agree to allow the FAA to inspect the facility and its 
operation whenever necessary.
    (6) The owner must assure the FAA that he will not withdraw the 
facility from service without the permission of the FAA.
    (7) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspections made before the 
facility is commissioned, except that the FAA may bear certain of these 
costs subject to budgetary limitations and policy established by the 
Administrator.
    (b) If the applicant for approval meets the requirements of 
paragraph (a) of this section, the FAA commissions the facility as a 
prerequisite to its approval for use in an IFR procedure. The approval 
is withdrawn at any time the facility does not continue to meet those 
requirements. In addition, the facility is licensed by the Federal 
Communications Commission. The Federal Aviation Administration 
recommends cancellation or nonrenewal of the Federal Communications 
Commission license whenever the frequency channel is needed for higher 
priority common system service.



Sec. 171.107  Definition.

    As used in this subpart:
    SDF (simplified directional facility) means a directional aid 
facility providing only lateral guidance (front or back course) for 
approach from a final approach fix.
    DDM (difference in depth of modulation) means the percentage 
modulation depth of the larger signal minus the percentage modulation 
depth of the smaller signal, divided by 100.
    Angular displacement sensitivity means the ratio of measured DDM to 
the corresponding angular displacement from the appropriate reference 
line.
    Back course sector means the course sector on the opposite end of 
the runway from the front course sector.
    Course line means the locus of points along the final approach 
course at which the DDM is zero.
    Course sector means a sector in a horizontal plane containing the 
course line and limited by the loci of points nearest to the course line 
at which the DDM is 0.155.
    Displacement sensitivity means the ratio of measured DDM to the 
corresponding lateral displacement from the appropriate reference line.
    Front course sector means the course sector centered on the course 
line in the direction from the runway in which a normal final approach 
is made.
    Half course sector means the sector in a horizontal plane containing 
the course line and limited by the loci of points nearest to the course 
line, at which the DDM is 0.0775.
    Point A means a point on the front course in the approach direction 
a distance of 4 nautical miles from the threshold.
    Point A1 means a point on the front course in the approach direction 
a distance of 1 statute mile from the threshold.
    Point A2 means a point on the front course at the threshold.
    Reference datum means a point at a specified height located 
vertically above the intersection of the course and the threshold.
    Missed approach point means the point on the final approach course, 
not farther from the final approach fix

[[Page 237]]

than Point ``A2'', at which the approach must be abandoned, if the 
approach and subsequent landing cannot be safely completed by visual 
reference, whether or not the aircraft has descended to the minimum 
descent altitude.



Sec. 171.109  Performance requirements.

    (a) The Simplified Directional Facility must perform in accordance 
with the following standards and practices:
    (1) The radiation from the SDF antenna system must produce a 
composite field pattern which is amplitude modulated by a 90 Hz and a 
150 Hz tone. The radiation field pattern must produce a course sector 
with the 90 Hz tone predominating on one side of the course and with the 
150 Hz tone predominating on the opposite side.
    (2) When an observer faces the SDF from the approach end of runway, 
the depth of modulation of the radiofrequency carrier due to the 150 Hz 
tone must predominate on his right hand and that due to the 90 Hz tone 
must predominate on his left hand.
    (3) All horizontal angles employed in specifying the SDF field 
patterns must originate from the center of the antenna system which 
provides the signals used in the front course sector.
    (4) The SDF must operate on odd tenths or odd tenths plus a 
twentieth MHz within the frequency band 108.1 MHz to 111.95 MHz. The 
frequency tolerance of the radio frequency carrier must not exceed plus 
or minus 0.002 percent.
    (5) The radiated emission from the SDF must be horizontally 
polarized. The vertically polarized component of the radiation on the 
course line must not exceed that which corresponds to an error one-
twentieth of the course sector width when an aircraft is positioned on 
the course line and is in a roll attitude of 20 deg. from the 
horizontal.
    (6) The SDF must provide signals sufficient to allow satisfactory 
operation of a typical aircraft installation within the sector which 
extends from the center of the SDF antenna system to distances of 18 
nautical miles within a plus or minus 10 deg. sector and 10 nautical 
miles within the remainder of the coverage when alternative navigational 
facilities provide satisfactory coverage within the intermediate 
approach area. SDF signals must be receivable at the distances specified 
at and above a height of 1,000 feet above the elevation of the 
threshold, or the lowest altitude authorized for transition, whichever 
is higher. Such signals must be receivable, to the distances specified, 
up to a surface extending outward from the SDF antenna and inclined at 
7 deg. above the horizontal.
    (7) The modulation tones must be phase-locked so that within the 
half course sector, the demodulated 90 Hz and 150 Hz wave forms pass 
through zero in the same direction within 20 deg. of phase relative to 
the 150 Hz component, every half cycle of the combined 90 Hz and 150 Hz 
wave form. However, the phase need not be measured within the half 
course sector.
    (8) The angle of convergence of the final approach course and the 
extended runway centerline must not exceed 30 deg.. The final approach 
course must be aligned to intersect the extended runway centerline 
between points A1 and the runway threshold. When an operational 
advantage can be achieved, a final approach course that does not 
intersect the runway or that intersects it at a distance greater than 
point A1 from the threshold, may be established, if that course lies 
within 500 feet laterally of the extended runway centerline at a point 
3,000 feet outward from the runway threshold. The mean course line must 
be maintained within plus-minus10 percent of the course 
sector width.
    (9) The nominal displacement sensitivity within the half course 
sector must be 50 microamperes/degree. The nominal course sector width 
must be 6 deg.. When an operational advantage can be achieved, a nominal 
displacement sensitivity of 25 microamperes/degree may be established, 
with a nominal course sector width of 12 deg. with proportional 
displacement sensitivity. The lateral displacement sensitivity must be 
adjusted and maintained within the limits of plus or minus 17 percent of 
the nominal value.
    (10) The off-course (clearance) signal must increase at a 
substantially linear rate with respect to the angular displacement from 
the course line up to an angle on either side of the course

[[Page 238]]

line where 175 microamperes of deflection is obtained. From that angle 
to plus-minus10 deg., the off-course deflection must not be 
less than 175 microamperes. From plus-minus10 deg. to 
plus-minus35 deg. the off-course deflection must not be less 
than 150 microamperes. With the course adjusted to cause any of several 
monitor alarm conditions, the aforementioned values of 175 microamperes 
in the sector 10 deg. each side of course and 150 microamperes in the 
sector plus-minus10 deg. to plus-minus35 deg. may 
be reduced to 160 microamperes and 135 microamperes, respectively. These 
conditions must be met at a distance of 18 nautical miles from the SDF 
antenna within the sector 10 deg. each side of course line and 10 
nautical miles from the SDF antenna within the sector 
plus-minus10 deg. to plus-minus35 deg. each side 
of course line.
    (11) The SDF may provide a ground-to-air radiotelephone 
communication channel to be operated simultaneously with the navigation 
and identification signals, if that operation does not interfere with 
the basic function. If a channel is provided, it must conform with the 
following standards:
    (i) The channel must be on the same radiofrequency carrier or 
carriers as used for the SDF function, and the radiation must be 
horizontally polarized. Where two carriers are modulated with speech, 
the relative phases of the modulations on the two carriers must avoid 
the occurence of nulls within the coverage of the SDF.
    (ii) On centerline, the peak modulation depth of the carrier or 
carriers due to the radiotelephone communications must not exceed 50 
percent but must be adjusted so that the ratio of peak modulation depth 
due to the radiotelephone communications to that due to the 
identification signal is approximately 9:1.
    (iii) The audiofrequency characteristics of the radiotelephone 
channel must be flat to within 3 db relative to the level at 1,000 Hz 
over the range from 300 Hz to 3,000 Hz.
    (12)(i) The SDF must provide for the simultaneous transmission of an 
identification signal, specific to the runway and approach direction, on 
the same radiofrequency carrier or carriers as used for the SDF 
function. The transmission of the identification signal must not 
interfere in any way with the basic SDF function.
    (ii) The identification signal must be produced by Class A2 
modulation of the radiofrequency carrier or carriers using a modulation 
tone of 1020 Hz within plus-minus50 Hz. The depth of 
modulation must be between the limits of 5 and 15 percent except that, 
where a radiotelephone communication channel is provided, the depth of 
modulation must be adjusted so that the ratio of peak modulation depth 
due to radiotelephone communications to that due to the identification 
signal modulation is approximately 9:1. The emissions carrying the 
identification signal must be horizontally polarized.
    (iii) The identification signal must employ the International Morse 
Code and consist of three letters.
    (iv) The identification signal must be transmitted at a speed 
corresponding to approximately seven words per minute, and must be 
repeated at approximately equal intervals, not less than six times per 
minute. When SDF transmission is not available for operational use, 
including periods of removal of navigational components or during 
maintenance or test transmissions, the identification signal must be 
suppressed.
    (b) It must be shown during ground inspection of the design features 
of the equipment that there will not be conditions that will allow 
unsafe operations because of component failure or deterioration.
    (c) The monitor must be checked periodically during the in-service 
test evaluation period for calibration and stability. These tests, and 
ground checks of SDF radiation characteristics must be conducted in 
accordance with the maintenance manual required by Sec. 171.115(c) and 
must meet the standards and tolerances contained in Sec. 171.111(j).
    (d) The monitor system must provide a warning to the designated 
control point(s) when any of the conditions of Sec. 171.111(j) occur, 
within the time periods specified in that paragraph.
    (e) Flight inspection to determine the adequacy of the facility's 
operational performance and compliance

[[Page 239]]

with applicable performance requirements must be conducted in accordance 
with the ``U.S. Standard Flight Inspection Manual.'' Tolerances 
contained in the U.S. Standard Flight Inspection Manual, section 217, 
must be complied with except as stated in paragraph (f) of this section.
    (f) Flight inspection tolerances specified in section 217 of the 
``U.S. Standard Flight Inspection Manual'' must be complied with except 
as follows:
    (1) Course sector width. The nominal course sector width must be 
6 deg.. When an operational advantage can be achieved, a nominal course 
sector width of 12 deg. may be established. Course sector width must be 
adjusted and maintained within the limits of plus-minus17 
percent of the nominal value.
    (2) Course alignment. The mean course line must be adjusted and 
maintained within the limits of plus-minus10 percent of the 
nominal course sector width.
    (3) Course structure. Course deviations due to roughness, 
scalloping, or bends must be within the following limitations:
    (i) Front course. (a) Course structure from 18 miles from runway 
threshold to Point A must not exceed plus-minus40 
microamperes;
    (b) Point A to Point A-1--linear decrease from not more than 
plus-minus40 microamperes at Point A to not more than 
plus-minus20 microamperes at Point A-1;
    (c) Point A-1 to Missed Approach Point--not more than 
plus-minus20 microamperes;
    (d) Monitor tolerances: width plus-minus17 percent of 
nominal; alignment--plus-minus10 percent of nominal course 
sector width.
    (ii) Back course. (a) Course structure 18 miles from runway 
threshold to 4 miles from runway threshold must not exceed 
plus-minus40 microamperes. Four miles to 1 mile from R/W must 
not exceed plus-minus40 microamperes decreasing to not more 
than plus-minus20 microamperes, at a linear rate.
    (b) Monitor tolerances: width--plus-minus17 percent of 
nominal; alignment--plus-minus10 percent of nominal course 
sector width.

[Doc. No. 10116, 35 FR 12711, Aug. 11, 1970, as amended by Amdt. 171-9, 
38 FR 28557, Oct. 15, 1973]



Sec. 171.111  Ground standards and tolerances.

    Compliance with this section must be shown as a condition to 
approval and must be maintained during operation of the SDF.
    (a) Frequency. (1) The SDF must operate on odd tenths or odd tenths 
plus a twentieth MHz within the frequency band 108.1 MHz to 111.95 MHz. 
The frequency tolerance of the radio frequency carrier must not exceed 
plus or minus 0.002 percent.
    (2) The modulating tones must be 90 Hz and 150 Hz within 
plus-minus2.5 percent.
    (3) The identification signal must be 1020 Hz within 
plus-minus50 Hz.
    (4) The total harmonic content of the 90 Hz tone must not exceed 10 
percent.
    (5) The total harmonic content of the 150 Hz tone must not exceed 10 
percent.
    (b) Power output. The normal carrier power output must be of a value 
which will provide coverage requirements of Sec. 171.109(a)(6) when 
reduced by 3 dB to the monitor RF power reduction alarm point specified 
in Sec. 171.111(j)(3).
    (c) VSWR. (1) The VSWR of carrier and sideband feedlines must be a 
nominal value of 1/1 and must not exceed 1.2/1.
    (2) The sponsor will also provide additional manufacturer's ground 
standards and tolerances for all VSWR parameters peculiar to the 
equipment which can effect performance of the facility in meeting the 
requirements specified in Secs. 171.109 and 171.111.
    (d) Insulation resistance. The insulation resistance of all coaxial 
feedlines must be greater than 20 megohms.
    (e) Depth of modulation. (1) The depth of modulation of the radio 
frequency carrier due to each of the 90 Hz and 150 Hz tones must be 20 
percent plus-minus2 percent along the course line.
    (2) The depth of modulation of the radiofrequency carrier due to the 
1020 Hz identification signal must be within 5 percent to 15 percent.
    (f) Course sector width. The standard course sector width must be 
6 deg. or 12 deg.. The course sector must be maintained with 
plus-minus17 percent of the standard.
    (g) Course alignment. Course alignment must be as specified in 
Sec. 171.109(a)(8).
    (h) Back course alignment and width. If a back course is provided, 
standards

[[Page 240]]

and tolerances for back course sector width and alignment must be the 
same as course sector width and course alignment specified in paragraphs 
(f) and (g) of this section.
    (i) Clearance. Clearance must be as specified in 
Sec. 171.109(a)(10).
    (j) Monitor standards and tolerances. (1) The monitor system must 
provide a warning to the designated control point(s) when any of the 
conditio