[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Notices]
[Pages 12048-12050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04139]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0137]


Airport Improvement Program (AIP) Grant Assurances

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation.

ACTION: Notice of modification of Airport Improvement Program grant 
assurances; opportunity to comment.

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SUMMARY: The FAA has updated the AIP grant assurances to reflect recent 
legislative provisions in the FAA Reauthorization Act of 2018 as well 
as recently issued executive orders.

DATES: The FAA is implementing these modified grant assurances upon 
publication of this notice to expedite processing Fiscal Year 2020 
grants under the AIP. The FAA will accept public comments concerning 
these modified grant assurances for 30 days. Comments must be submitted 
on or before March 30, 2020. If necessary, in response to comments 
received, the FAA will consider appropriate revisions to these grant 
assurance modifications through publication of a subsequent notice in 
the Federal Register.

ADDRESSES: You may send comments [identified by Docket Number FAA-2020-
0137] using any of the following methods:
     Government-wide Rulemaking Website: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Fax: 1-202-493-2251.
     Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dave Cushing, Manager, Airports 
Financial Assistance Division, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591, telephone (202) 267-8827; 
fax: (202) 267-5302.

Authority for Grant Assurance Modifications

    This notice is published under the authority described in Subtitle 
VII, Part B, Chapter 471, Sections 47107 and 47122 of Title 49 United 
States Code (U.S.C.). In addition, the statutory authorities delegated 
to the Federal Aviation Administration are enumerated in Title 49 Code 
of Federal Regulations (CFR) Sec.  1.83 (``Delegations to the Federal 
Aviation Administration'').

SUPPLEMENTARY INFORMATION: A sponsor (applicant) seeking financial 
assistance in the form of an AIP grant for airport planning, airport 
development, noise compatibility planning, or noise mitigation under 49 
U.S.C., as amended, must agree to comply with certain assurances. These 
grant assurances are incorporated in, and become part of a sponsor's 
grant agreement for Federal assistance. As need dictates, the FAA 
modifies these assurances to reflect new Federal requirements. Notice 
of such modifications is published in the

[[Page 12049]]

Federal Register, and an opportunity for public comment is provided. 
The assurances that apply to a sponsor depend on the type of sponsor.
    There are three types of AIP grant assurances:
     Airport Sponsor (applicable for airport development);
     Non-Airport Sponsors Undertaking Noise Compatibility 
Program Projects; and
     Planning Agency Sponsors.
    Prior to the FAA Reauthorization Act of 2018 (Pub. L. 115-254), the 
assurances were published on:
     February 3, 1988, at 53 FR 3104 and amended on September 
6, 1988, at 53 FR 34361;
     August 29, 1989, at 54 FR 35748;
     June 10, 1994, at 59 FR 30076;
     January 4, 1995, at 60 FR 521;
     June 2, 1997, at 62 FR 29761;
     August 18, 1999, at 64 FR 45008;
     March 29, 2005, at 70 FR 15980;
     March 18, 2011, at 76 FR 15028;
     April 13, 2012, at 72 FR 22376; and
     April 3, 2014, at 79 FR 18755.
    A complete list of the current grant assurances may be viewed at: 
https://www.faa.gov/airports/aip/grant_assurances/.

Discussion of AIP Grant Assurance Modifications

    The FAA is making several changes to the AIP grant assurances. 
These changes will be in effect for grants issued on or after the date 
of publication of this notice. The changes to the AIP grant assurances 
are listed below. The grant assurance numbers referenced relate to the 
assurance (airport development grants):

Technical Non-Substantive Changes To Correct Minor Typographical Errors

    Because these have no change on the substance of the assurances, 
these changes, including minor edits to Grant Assurance 37, have not 
been specifically called out.

Addition of Buy American and Hire American Executive Orders

    The FAA has added Executive Order 13788 (``Buy American and Hire 
American'') and Executive Order 13858 (``Strengthening Buy-American 
Preferences for Infrastructure Projects'') to the list of executive 
orders applicable in Grant Assurance C.

Updates Pursuant to Section 131 of the Act

    Section 131 of the Act requires the FAA to change Sponsor Assurance 
#32 (``Engineering and Design Services''). Sponsor Assurance #32 now 
applies to a sponsor if ``any phase of such project has received funds 
under this subchapter.''

Updates Pursuant to Section 135 of the Act

    Section 135 of the Act expands the statutory grant assurance 
regarding veteran's preference to include veterans of ``Operation New 
Dawn, Operation Inherent Resolve, Operation Freedom's Sentinel, or any 
successor contingency operation to such operations;'' and small 
business concerns owned and controlled by disabled veterans. FAA has 
revised Sponsor Assurance #15, Veteran's Preference, to include these 
changes.

Updates Pursuant to Section 163 of the Act

    Section 163 of the Act modified the FAA's authorities and 
responsibilities regarding changes in airport land use under certain 
circumstances. Sponsor Assurances #5(b) and #29 have been amended to 
reflect this provision.
    In consideration of the above, the FAA makes the following changes 
to the existing published Airport Sponsor Assurances.
    C. Sponsor Certification. The sponsor hereby assures and certifies 
that it will comply with all applicable Federal laws, regulations, 
executive orders, policies, guidelines, and requirements as they relate 
to the application, acceptance and use of Federal funds for this 
project including but not limited to the following updated provisions.

Executive Orders

    g. Executive Order 13788--Buy American and Hire American.

Executive Order 13858--Strengthening Buy-American Preferences for 
Infrastructure Projects

    5. Preserving Rights and Powers.
    b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, 
it will not sell, lease, encumber, or otherwise transfer or dispose of 
any part of its title or other interests in the property shown on 
Exhibit A to this application or, for a noise compatibility program 
project, that portion of the property upon which Federal funds have 
been expended, for the duration of the terms, conditions, and 
assurances in this grant agreement without approval by the Secretary. 
If the transferee is found by the Secretary to be eligible under Title 
49, United States Code, to assume the obligations of this grant 
agreement and to have the power, authority, and financial resources to 
carry out all such obligations, the sponsor shall insert in the 
contract or document transferring or disposing of the sponsor's 
interest, and make binding upon the transferee all of the terms, 
conditions, and assurances contained in this grant agreement.
    29. Airport Layout Plan.
    a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-
254, Section 163, it will keep up to date at all times an airport 
layout plan of the airport showing:
    (1) Boundaries of the airport and all proposed additions thereto, 
together with the boundaries of all offsite areas owned or controlled 
by the sponsor for airport purposes and proposed additions thereto;
    (2) the location and nature of all existing and proposed airport 
facilities and structures (such as runways, taxiways, aprons, terminal 
buildings, hangars and roads), including all proposed extensions and 
reductions of existing airport facilities;
    (3) the location of all existing and proposed non-aviation areas 
and of all existing improvements thereon; and
    (4) all proposed and existing access points used to taxi aircraft 
across the airport's property boundary. Such airport layout plans and 
each amendment, revision, or modification thereof, shall be subject to 
the approval of the Secretary which approval shall be evidenced by the 
signature of a duly authorized representative of the Secretary on the 
face of the airport layout plan. The sponsor will not make or permit 
any changes or alterations in the airport or any of its facilities 
which are not in conformity with the airport layout plan as approved by 
the Secretary and which might, in the opinion of the Secretary, 
adversely affect the safety, utility, or efficiency of the airport.
    b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-
254, Section 163, if a change or alteration in the airport or the 
facilities is made which the Secretary determines adversely affects the 
safety, utility, or efficiency of any federally owned, leased, or 
funded property on or off the airport and which is not in conformity 
with the airport layout plan as approved by the Secretary, the owner or 
operator will, if requested, by the Secretary (1) eliminate such 
adverse effect in a manner approved by the Secretary; or (2) bear all 
costs of relocating such property (or replacement thereof) to a site 
acceptable to the Secretary and all costs of restoring such property 
(or replacement thereof) to the level of safety, utility, efficiency, 
and cost of operation existing before the unapproved change in the 
airport or its facilities except in the case of a relocation or 
replacement of an existing airport facility due to a change in the

[[Page 12050]]

Secretary's design standards beyond the control of the airport sponsor.
    32. Engineering and Design Services. If any phase of such project 
has received Federal funds under Chapter 471 subchapter 1 of Title 49 
U.S.C., it will award each contract, or sub-contract for program 
management, construction management, planning studies, feasibility 
studies, architectural services, preliminary engineering, design, 
engineering, surveying, mapping or related services in the same manner 
as a contract for architectural and engineering services is negotiated 
under Chapter 11 of Title 40 U.S.C., or an equivalent qualifications-
based requirement prescribed for or by the sponsor of the airport.
    As noted previously, all other grant assurances remain in full 
force and effect except as shown above.

    Issued in Washington, DC on February 25, 2020.
Robert John Craven,
Director, Office of Airport Panning and Programming.
[FR Doc. 2020-04139 Filed 2-27-20; 8:45 am]
BILLING CODE 4910-13-P