Section 152.405

14 CFR Ch. I (1-1-19 Edition)

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.
Section 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

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.
Section 152.407
eral.

Affirmative action plan: Gen-

(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 Section 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 Section 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 Section 152.409.
(c) Each sponsor shall require each
aviation related activity (other than

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