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14 CFR Ch. I (1–1–19 Edition) 

§ 152.405 

Secretary 

means the Secretary of 

Transportation or an authorized rep-
resentative 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 ac-
cordance with this part, an application 
for financial assistance, or that con-
ducts 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 ex-
pected from their availability in— 

(1) The SMSA; or 
(2) In the absence of a defined SMSA, 

in the counties contiguous to the em-
ployer’s location, or the location where 
the work is to be performed, and in the 
areas from which persons may reason-
ably be expected to commute. 

§ 152.405

Assurances. 

The following assurances shall be in-

cluded 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 em-
ployment, contracting, or leasing ac-
tivities covered in 14 CFR part 152, sub-
part E. The grantee assures that no 
person shall be excluded, on these 
grounds, from participating in or re-
ceiving the services or benefits of any 
program or activity covered by this 
subpart. The grantee assures that it 
will require that its covered organiza-
tions provide assurances to the grantee 
that they similarly will undertake af-
firmative 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 op-
portunity required by 14 CFR part 152, 
subpart E, as part of the affirmative 

action program, and by any Federal, 
State, or local agency or court, includ-
ing those resulting from a conciliation 
agreement, a consent decree, court 
order, or similar mechanism. The 
grantee agrees that State or local af-
firmative action plans will be used in 
lieu of any affirmative action plan or 
steps required by 14 CFR part 152, sub-
part 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 organiza-
tions, and to cause them to require a 
similar assurance of their covered sub-
organizations, as required by 14 CFR 
part 152, subpart E. 

§ 152.407

Affirmative action plan: Gen-

eral. 

(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 § 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 work-
force. 

(2) Each planning Agency which em-

ploys 50 or more employees in its agen-
cy for aviation purposes. 

(3) Each state political division, ad-

ministering a grant under the AADA to 
develop standards for airport develop-
ment 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 accept-

able to another Federal agency. 

(2) An affirmative action plan for a 

State or local agency that the covered 
organization certifies meets the stand-
ards in § 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 § 152.409. 

(c) Each sponsor shall require each 

aviation related activity (other than 

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