695
Federal Aviation Administration, DOT
§ 151.67
which the project is located. In addi-
tion, that public agency or person may
request a public hearing on the loca-
tion of the airport to be developed. If,
in the Administrator’s opinion, that
public agency or person has a substan-
tial 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 dis-
posing of the application, to afford rea-
sonable 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 inter-
ests 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 des-
ignated by the Administrator. The
hearing officer decides the length of
the hearing, the kind of testimony to
be heard, and all other matters respect-
ing the conduct of the hearing. The
hearing is recorded in a manner deter-
mined by the hearing officer and the
record becomes a part of the record of
the project application. The Adminis-
trator’s decision is not made solely on
the basis of the hearing, but on all rel-
evant 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]
§ 151.67
Forms.
(a) The various forms used for the
purposes of subparts B and C are as fol-
lows:
(1) Requests for Federal-aid, FAA
Form 5100–3: Contains a statement re-
questing 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 pro-
posed 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.
(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 compli-
ance requirements of § 151.77(a), pos-
sible disabilities, and the ownership of
lands and interests in lands to be used
in carrying out the project and oper-
ating the airport.
(iii) Part III—For incorporating the
sponsor’s assurances regarding the op-
eration and maintenance of the air-
port, further development of the air-
port, and the acquisition of any addi-
tional 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 at-
torney.
(3) [Reserved]
(4) Grant agreement, Form FAA–1632:
(i) Part I—Offer by the United States
to pay a specified percentage of the al-
lowable costs of the project, as de-
scribed therein, on specified terms re-
lating to the undertaking and carrying
out of the project, determination of al-
lowability of costs, payment of the
United States share, and operation and
maintenance of the airport in accord-
ance with assurances in the proj- ect
application.
(ii) Part II—Acceptance of the offer
by the sponsor, execution of the ac-
ceptance by the sponsor, and certifi-
cation by its attorney.
(5) Periodic cost estimate, Form
FAA–1629: a certification to be exe-
cuted 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.
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