Code of Federal Regulations (alpha)

CFR /  Title 14  /  Part 151  /  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.

(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.

(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.

Sec. 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[foot] x 400[foot] for a Standard ALS and to an area 1700[foot] x 400[foot] 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]

Sec. 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.

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]

Sec. 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]

Sec. 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]

Sec. 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]

Sec. Appendix F to Part 151

There is set forth below an itemization of typical eligible and ineligible items of airport lighting covered by Sec. Sec. 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.

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]

Sec. 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]

Sec. 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

(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 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. ----, 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)).

(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 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]

Sec. 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.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]