FAA 14 CFR PART 155-2011 Release of airport property from surplus property disposal restrictions《免除机场物业对多余财产处理的限制》.pdf

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1、703 Federal Aviation Administration, DOT 155.1 Subpart AAviation Safety Inspector Access 153.1 Applicability. This subpart prescribes requirements governing Aviation Safety Inspector access to public-use airports and facili-ties to perform official duties. 153.3 Definitions. The following definition

2、s apply in this subpart: 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, loadi

3、ng 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 pu

4、blic-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

5、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 qu

6、alified 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 ar

7、ea 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 Identificat

8、ion 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 saf

9、ety 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

10、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 155RELEA

11、SE 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.

12、155.13 Determinations by FAA. AUTHORITY: 49 U.S.C. 106(g), 40113, 47151 47153. SOURCE: 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, o

13、r other instrument of transfer or conveyance (in this part called instrument of disposal) by VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00713 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking p

14、ermitted without license from IHS-,-,-704 14 CFR Ch. I (1111 Edition) 155.3 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

15、 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. 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

16、 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 proper

17、ty 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 c

18、onsiders 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

19、 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 S

20、tates. (c) Section 68 of the Atomic Energy 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 th

21、e 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 requirem

22、ents 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

23、 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

24、, 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

25、 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, cond

26、itions, 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 op

27、er-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, VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00714 Fmt 8010 Sfmt 8010 Y:SGML223

28、045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-705 Federal Aviation Administration, DOT 155.9 any restriction against the use of prop-erty for industrial purposes that is in an instrument of disp

29、osal 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, operatin

30、g, or maintaining a public air-port. (c) Except for a release from a re-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, co

31、nditions, 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 sa

32、le 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 cond

33、ition 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

34、 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 a

35、vailable 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 surp

36、lus 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 Governmen

37、t 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

38、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 hav

39、e 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 th

40、e 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, durin

41、g 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,

42、 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 VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO

43、00000 Frm 00715 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-706 14 CFR Ch. I (1111 Edition) 155.11 an instrument of disposal that might prejudice the needs or inter

44、ests 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 instrument of disposal need not be in

45、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. (c) Each request for a re

46、lease must 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-ert

47、y 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 i

48、n 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

49、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