title-14-part-155

758

14 CFR Ch. I (1–1–24 Edition)

§ 153.5

Air Operations Area (AOA)

means a

portion of an airport, specified in the
airport security program, in which se-
curity measures specified in Title 49 of
the Code of Federal Regulations are
carried out. This area includes aircraft
movement areas, aircraft parking
areas, loading ramps, and safety areas,
for use by aircraft regulated under 49
CFR parts 1542, 1544, and 1546, and any
adjacent areas (such as general avia-
tion areas) that are not separated by
adequate security systems, measures,
or procedures. This area does not in-
clude the secured area.

Airport

means any public-use airport,

including heliports, as defined in 49
U.S.C. 47102, including:

(1) A public airport; or
(2) A privately-owned airport used or

intended to be used for public purposes
that is—

(i) A reliever airport; or
(ii) Determined by the Secretary to

have at least 2,500 passenger boardings
each year and to receive scheduled pas-
senger aircraft service.

Aviation Safety Inspector

means a

properly credentialed individual who
bears FAA Form 110A and is authorized
under the provisions of 49 U.S.C. 40113
to perform inspections and investiga-
tions.

FAA Form 110A

means the credentials

issued to qualified Aviation Safety In-
spectors by the FAA for use in the per-
formance of official duties.

Secured area

means a portion of an

airport, specified in the airport secu-
rity program, in which certain security
measures specified in Title 49 of the
Code of Federal Regulations are car-
ried out. This area is where aircraft op-
erators and foreign air carriers that
have a security program under 49 CFR
part 1544 or part 1546 enplane and
deplane passengers and sort and load
baggage and any adjacent areas that
are not separated by adequate security
systems, measures, or procedures.

Security Identification Display Area

(SIDA)

means a portion of an airport,

specified in the airport security pro-
gram, in which security measures spec-
ified in Title 49 of the Code of Federal
Regulations are carried out. This area
includes the secured area and may in-
clude other areas of the airport.

§ 153.5 Aviation safety inspector air-

port access.

Airports, aircraft operators, aircraft

owners, airport tenants, and air agen-
cies must grant Aviation Safety In-
spectors bearing FAA Form 110A free
and uninterrupted access to public-use
airports and facilities, including AOAs,
SIDAs, and other secured and re-
stricted areas. Aviation Safety Inspec-
tors displaying FAA Form 110A do not
require access media or identification
media issued or approved by an airport
operator or aircraft operator in order
to inspect or test compliance, or per-
form other such duties as the FAA may
direct.

Subpart B

[

Reserved

]

PART 155—RELEASE OF AIRPORT

PROPERTY FROM SURPLUS PROP-
ERTY DISPOSAL RESTRICTIONS

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 emer-

gency restrictions.

155.11

Form and content of requests for re-

lease.

155.13

Determinations by FAA.

UTHORITY

: 49 U.S.C. 106(g), 40113, 47151–

47153.

OURCE

: Docket No. 1329, 27 FR 12361, Dec.

13, 1962, unless otherwise noted.

§ 155.1 Applicability.

This part applies to releases from

terms, conditions, reservations, or re-
strictions 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-Fed-
eral 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 air-
port or to provide a source of revenue
from non-aviation business at a public
airport.

759

Federal Aviation Administration, DOT

§ 155.7

§ 155.3 Applicable law.

(a) Section 4 of the Act of October 1,

1949 (63 Stat. 700) authorizes the Ad-
ministrator to grant the releases de-
scribed in § 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 re-
strictions concerned; or

(2) The release will not prevent ac-

complishing the purpose for which the
property was made subject to the
terms, conditions, reservations, or re-
strictions, and is necessary to protect
or advance the interests of the United
States in civil aviation.

In addition, section 4 of that Act au-
thorizes the Administrator to grant
the releases subject to terms and con-
ditions 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 re-
strictions 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 addi-
tion, section 2 authorizes the Adminis-
trator to issue any instruments of re-
lease or conveyance necessary to re-
move, of record, such a restriction,
without monetary consideration to the
United States.

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 radio-
active minerals in instruments of dis-
posal of public or acquired lands. In ad-
dition, 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 para-
graph, the Administrator issues appro-
priate instruments of correction upon
the written request of persons entitled

to ownership, occupancy, or use of the
lands concerned.

§ 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, condi-
tions, reservations, or restrictions in
an instrument of disposal described in
§ 155.1; and

(b) Any release from a term, condi-

tion, 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, equip-

ment or structures from any term, con-
dition, reservation, or restriction re-
quiring that it be used for airport pur-
poses to allow its use, lease, or sale for
nonairport use in place;

(3) Land, personal property, equip-

ment, or structures from any term,
condition, reservation, or restriction
requiring its maintenance for airport
use;

(4) Land, personal property, equip-

ment, or structures from all terms,
conditions, restrictions, or reserva-
tions to allow its use, lease, sale, or
other disposal for nonairport purposes;
and

(5) Land, personal property, equip-

ment, or structures from the reserva-
tion of right of use by the United
States in time of war or national emer-
gency, to facilitate financing the oper-
ation and maintenance or further de-
velopment of a public airport.

§ 155.7 General policies.

(a) Upon a request under § 155.11, the

Administrator issues any instrument
that is necessary to remove, of record,
any restriction against the use of prop-
erty 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 con-
cerned to a third party, unless the pub-
lic agency concerned has obligated
itself to use the proceeds from the sale
exclusively for developing, improving,

760

14 CFR Ch. I (1–1–24 Edition)

§ 155.9

operating, or maintaining a public air-
port.

striction against using property for in-
dustrial purposes, the Administrator
does not issue a release under this part
unless it is justified under § 155.3(a) (1)
or (2).

(d) The Administrator may issue a

release from the terms, conditions, res-
ervations, or restrictions of an instru-
ment of disposal subject to any other
terms or conditions that he considers
necessary to protect or advance the in-
terests of the United States in civil
aviation. Such a term or condition, in-
cluding one regarding the use of pro-
ceeds from the sale of property, is im-
posed as a personal covenant or obliga-
tion 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 Adminis-
trator 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 con-
templated by the instrument of dis-
posal, does not otherwise release the
property from the terms, conditions,
reservations, or restrictions of the in-
strument of disposal.

§ 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 Prop-
erty Act of 1944 was to make the prop-
erty available for public or civil air-
port needs. However, it was also in-
tended 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, substan-
tially the same as one of the following:

(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, unre-
stricted possession, control, and use of
the landing area, building areas, and
airport facilities or any part thereof,
including any additions or improve-
ments 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, fa-
cilities, and improvements, or the por-
tions 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 Con-
gress, the United States shall have the
right to make exclusive or nonexclu-
sive use and have exclusive or non-
exclusive control and possession, with-
out charge, of the airport at which the
surplus property is located or used or
of such portion thereof as it may de-
sire:

Provided, however,

That the United

States shall be responsible for the en-
tire 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 pe-
riod 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 main-
tenance of such property as it may use
nonexclusively or over which it may
have nonexclusive control and posses-
sion:

Provided further,

That the United

States shall pay a fair rental for its
use, control, or possession, exclusively
or nonexclusively, of any improve-
ments to the airport made without
U.S. aid.

(b) A release from the terms, condi-

tions, reservations, or restrictions of
an instrument of disposal that might
prejudice the needs or interests of the
armed forces, is granted only after con-
sultation with the Department of De-
fense.

§ 155.11 Form and content of requests

for release.

(a) A request for the release of sur-

plus airport property from a term, con-
dition, reservation, or restriction in an

761

Federal Aviation Administration, DOT

§ 156.1

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

(b) A request for a release under this

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

include the following information, if
applicable and available:

(1) Identification of the instruments

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

(2) A description of the property con-

cerned.

(3) The condition of the property con-

cerned.

(4) The purpose for which the prop-

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

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

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

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

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

(9) The proposed use or disposition of

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

(10) If the release would allow sale of

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

(11) A suggested letter or other in-

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

(12) The sponsor’s environmental as-

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

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

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

§ 155.13 Determinations by FAA.

(a) An FAA office that receives a re-

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

(b) Upon completing the review, and

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

PART 156—STATE BLOCK GRANT

PILOT PROGRAM

Sec.
156.1

Applicability.

156.2

Letters of interest.

156.3

Application and grant process.

156.4

Airport and project eligibility.

156.5

Project cost allowability.

156.6

State program responsibilities.

156.7

Enforcement of State block grant

agreements and other related grant as-
surances.

UTHORITY

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

CFR 1.47(f), (k).

OURCE

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

20, 1988, unless otherwise noted.

§ 156.1 Applicability.

(a) This part applies to grant appli-

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