[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Notices]
[Pages 63189-63194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19893]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket # FAA-2023-1261]
Airport Terminal Program; FY 2024 Funding Opportunity
AGENCY: Federal Aviation Administration (FAA).
ACTION: Notice of Funding Opportunity.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation (DOT), Federal Aviation
Administration (FAA) announces the opportunity to apply for
approximately $1 billion in FY 2024 discretionary funds for the Airport
Terminal Program (ATP), made available under the Infrastructure
Investment and Jobs Act of 2021 (IIJA), Public Law 117-58, herein
referred to as the Bipartisan Infrastructure Law (BIL). The purpose of
the ATP is to make annual grants available to eligible airports for
airport terminal and airport-owned Airport Traffic Control Towers
development projects that address the aging infrastructure of our
nation's airports.
In addition, ATP grants will align with DOT's Strategic Framework
FY2022-2026 at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-frameworkhttps://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework. The FY
2024 ATP will be implemented consistent with law and in alignment with
the priorities in Executive Order 14052, Implementation of the
Infrastructure Investments and Jobs Act (86 FR 64355), which are to
invest efficiently and equitably; promote the competitiveness of the
U.S. economy; improve job opportunities by focusing on high labor
standards; strengthen infrastructure resilience to all hazards
including climate change; and to effectively coordinate with State,
local, Tribal, and territorial government partners.
DATES: Airport sponsors that wish to be considered for FY 2024 ATP
discretionary funding should submit an application that meets the
requirements of this Notice of Funding Opportunity (NOFO) as soon as
possible, but no later than 5:00 p.m. Eastern time, October 16, 2023.
ADDRESSES: Submit applications electronically at www.faa.gov/bil/airport-terminals per instructions in this NOFO.
FOR FURTHER INFORMATION CONTACT: Robin K. Hunt, Manager, BIL Branch
APP-540, FAA Office of Airports, at (202) 267-3263 or our FAA BIL email
address: [email protected].
SUPPLEMENTARY INFORMATION:
A. Program Description
BIL established the ATP, a competitive discretionary grant program,
which provides approximately $1 billion in grant funding annually for
five years (Fiscal Years 2022-2026) to upgrade, modernize, and rebuild
our nation's airport terminals and airport-owned Airport Traffic
Control Towers (ATCTs). This includes bringing airport facilities into
conformity with current standards; constructing, modifying, or
expanding facilities as necessary to meet demonstrated aeronautical
demand; enhancing environmental sustainability; encouraging actual and
potential competition; and providing a balanced system of airports to
meet the roles and functions necessary to support civil aeronautical
demand. The FAA is committed to advancing safe, efficient
transportation, including projects funded under the ATP. The ATP also
supports the President's goals to mobilize American ingenuity to build
modern infrastructure and an equitable, clean energy future. In support
of Executive Order 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government (86 FR 7009),
the FAA encourages applicants to consider how the project will address
the challenges faced by individuals in underserved communities and
rural areas, as well as accessibility for persons with disabilities.
The ATP falls under the project grant authority for the Airport
Improvement Program (AIP) in 49 United States Code (U.S.C.) Sec.
47104. Per 2 Code of Federal Regulations (CFR) part 200--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, the AIP Federal Assistance Listings Number is
20.106, with the objective to assist eligible airports in the
development and improvement of a nationwide system that adequately
meets the needs of civil aeronautics. The FY 2024 ATP will be
implemented, as appropriate and consistent with BIL, in alignment with
the priorities in Executive Order 14052, Implementation of the
Infrastructure Investments and Jobs Act (86 FR 64355), which are to
invest efficiently and equitably; promote the competitiveness of the
U.S. economy; improve opportunities for good-paying jobs with the free
and fair choice to join a union by focusing on high labor standards;
strengthen infrastructure resilience to all hazards including climate
change; and to effectively coordinate with State, local, Tribal, and
territorial government partners. Consistent with statutory criteria and
Executive Order 14008, Tackling the Climate Crisis at Home and Abroad
(86 FR 7619), the FAA also seeks to fund projects under the ATP that
reduce greenhouse gas emissions and are designed with specific elements
to address climate change impacts. Specifically, the FAA is looking to
award projects that align with the President's greenhouse gas reduction
goals, promote energy efficiency, support fiscally responsible land use
and transportation efficient design, support terminal development
compatible with the use of sustainable aviation fuels and technologies,
increase climate resilience, incorporate sustainable and less
emissions-intensive pavement and construction materials as allowable,
and reduce pollution.
The FAA will also consider projects that advance the goals of the
Executive Orders listed under Section E.2.
[[Page 63190]]
B. Federal Award Information
This NOFO announces up to $1,000,000,000, subject to availability
of funds, for the Fiscal Year 2024 ATP. The ATP is a $5 billion grant
program, distributed as approximately $1 billion annually for five
years (Fiscal Years 2022, 2023, 2024, 2025, and 2026), subject to
annual allocations limitations based on airport roles found in the
published National Plan of Integrated Airport Systems (NPIAS), as
updated with current year data. In general, the $5 billion in ATP grant
funding is subject to the following annual award allocation
limitations: not more than 55 percent shall be for large hub airports,
not more than 15 percent shall be for medium hub airports, not more
than 20 percent shall be for small hub airports, and not less than 10
percent shall be for nonhub and nonprimary airports.
The FAA will consider projects that increase capacity and passenger
access; projects that replace aging infrastructure; projects that
achieve compliance with the Americans with Disabilities Act (42 U.S.C.
12101, et seq.) and expand accessibility for persons with disabilities;
projects that improve airport access for historically disadvantaged
populations; projects that improve energy efficiency, including
upgrading environmental systems, upgrading plant facilities, and
achieving Leadership in Energy and Environmental Design (LEED)
accreditation standards; projects that improve airfield safety through
terminal relocation; and projects that encourage actual and potential
competition. This includes applicable Executive Orders as listed in
Section E.2. Additionally, the FAA will provide preference to projects
that achieve a complete development objective even if awards for the
project must be phased, and priority to projects that have received
partial awards.
Projects for relocating, reconstructing, repairing, or improving an
airport-owned ATCT will also be considered. In addition to the
considerations above, these projects will also be evaluated based on
overall impact on the National Airspace System, including age of
facility, operational constraints, and nonstandard facilities.
The FAA will publish a NOFO annually to announce additional funding
made available, approximately $1 billion per year, for Fiscal Years
2025-2026.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants are those airport sponsors normally eligible
for Airport Improvement Program (AIP) discretionary grants as defined
in 49 U.S.C. 47115. This includes a public agency, private entity,
state agency, Indian Tribe or Pueblo owning a public-use NPIAS airport,
the Secretary of the Interior for Midway Island airport, the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau.
2. Cost Sharing or Matching
The Federal cost share of ATP grants is 80 percent for large and
medium hub airports, and 95 percent for the remainder of airports
eligible to receive ATP grants, which includes small hub, nonhub, and
nonprimary airports.
3. Project Eligibility
All projects funded from the ATP must be:
i. Airport terminal development, defined in 49 U.S.C. 47102(28) as
development of an airport passenger terminal building, including
terminal gates; access roads servicing exclusively airport traffic that
leads directly to or from an airport passenger terminal building; and
walkways that lead directly to or from an airport passenger terminal
building. Under the ATP, the FAA may consider projects that qualify as
``terminal development'' (including multimodal terminal development),
as that term is defined in 49 U.S.C. 47102(28); or
ii. On-airport rail access projects as set forth in Passenger
Facility Charge (PFC) Update 75-21 (86 FR 48793, August 31, 2021); or
iii. Airport-owned ATCT that includes relocating, reconstructing,
repairing, or improving the ATCT; and
iv. Justified based on civil aeronautical demand.
D. Application and Submission Information
1. Address To Request Application Package
An application for ATP terminal or ATCT projects, FAA Form 5100-
144, Bipartisan Infrastructure Law, Airport Terminal and Tower Project
Information, can be found at: www.faa.gov/bil/airport-terminals.
Direct all inquiries regarding applications to the appropriate
Regional Office (RO) or Airports District Office (ADO). RO/ADO contact
information is available at: https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices. Or to the BIL Team
at: [email protected].
2. Content and Form of Application Submission
Applicants are required to submit FAA Form 5100-144, Bipartisan
Infrastructure Law, Airport Terminal and Tower Project Information. The
applicant should submit Form 5100-144 as a fillable digitally signed
PDF document via email. If the applicant cannot provide a digital
signature, the application may be submitted as two documents: (1) the
completed fillable PDF without a signature and (2) a scanned version of
the completed application with a written signature. Applicants should
follow the instructions and provide a response to applicable items on
the form.
The ``Submit by Email'' button at the bottom of the form will
generate an email for the applicant to send to the FAA BIL Team at: [email protected]. If the ``Submit by Email'' button does not
generate an email the applicant can save the fillable PDF by selecting
``File>Save As'' to save as a fillable PDF. Once saved, the applicant
can email the application to the FAA BIL Team at [email protected]. The fillable PDF application must contain either a
digital signature or the applicant's written signature in accordance
with the procedures described above.
Applicants selected to receive an ATP grant will then be required
to follow AIP grant application procedures prior to award, which
include meeting all prerequisites for funding, and submission of
Standard Form SF-424, Application for Federal Assistance, and FAA Form
5100-100, Application for Development Projects.
Airports covered under the FAA's State Block Grant Program or
airports in a channeling act state should coordinate with their
associated state agency on the process for who should submit an
application, via the procedures listed above.
Applicants must address Administration and Departmental priorities
in safety, climate change and sustainability, equity, and workforce
development which are further defined in Section E.1 Criteria.
Grant Funds, Sources and Uses of Project Funds: The FAA requests
that each project application have a financial plan (or project budget)
available for review upon request. Project budgets should show how
different funding sources will share in each activity and present those
data in dollars and percentages. The budget should identify other
Federal funds the applicant is applying for or has been awarded, if
any, that the applicant intends to use. Funding sources should be
grouped into three categories: non-Federal, ATP, and other Federal with
specific amounts from each funding source.
Sharing of Application Information: The FAA may share application
[[Page 63191]]
information within the Department or with other Federal agencies if the
FAA determines that sharing is relevant to the respective program's
objectives.
3. Unique Entity Identifier and System for Award Management (SAM)
Applicants must comply with 2 CFR part 25--Universal Identifier and
System for Award Management. All applicants must have a unique entity
identifier provided by SAM. Additional information about obtaining a
Unique Entity Identifier (UEI) and registration procedures may be found
at http://www.sam.gov. Each applicant is required to: (1) be registered
in SAM; (2) provide a valid UEI prior to grant award; and (3) continue
to maintain an active SAM registration with current information at all
times during which the applicant has an active Federal award or an
application or plan under consideration by the FAA. Under the ATP, the
UEI and SAM account must belong to the entity that has the legal
authority to apply for, receive, and execute ATP grants.
Once awarded, the FAA grant recipient must maintain the currency of
its information in SAM until the grantee submits the final financial
report required under the grant or receives the final payment,
whichever is later. A grant recipient must review and update the
information at least annually after the initial registration and more
frequently if required by changes in information or another award term.
The FAA may not make an award until the applicant has complied with
all applicable UEI and SAM requirements. If an applicant has not fully
complied with the requirements by the time the FAA is ready to make an
award, the FAA may determine that the applicant is not qualified to
receive an award and use that determination as a basis for making a
federal award to another applicant.
Non-federal entities that have received a federal award are
required to report certain civil, criminal, or administrative
proceedings to SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS) www.fapiis.gov) to ensure
registration information is current and complies with federal
requirements. Applicants should refer to 2 CFR 200.113 for more
information about this requirement.
4. Submission Dates and Times
Airports that wish to be considered for FY 2024 ATP discretionary
funding must submit an application that meets the requirements of this
NOFO as soon as possible, but no later than 5:00 p.m. Eastern time on
October 16, 2023. Submit applications electronically to [email protected] per instructions in this NOFO.
5. Intergovernmental Review
Not applicable.
6. Funding Restrictions
All projects funded from the ATP must be airport terminal
development or for relocation, reconstruction, repair, or improvement
of an airport-owned air traffic control tower, defined under Section C-
3 Project Eligibility. ATP funds may not be used to support or oppose
union organizing.
Pre-Award Authority: All project costs must be incurred after the
grant execution date unless specifically permitted under 49 U.S.C.
47110(c). Certain airport development costs incurred before execution
of the grant agreement, but after November 15, 2021, are allowable,
only if certain conditions under 49 U.S.C. 47110(c) are met [see Table
3-60 of the AIP Handbook, FAA Order 5100.38 D Change 1, for a specific
list of the guidance regarding when project costs can be incurred in
relation to section 47110(c)].
7. Other Submission Requirements
Applications will only be accepted on FAA Form 5100-144 fillable
PDF via email and must be received on or before October 16, 2023, 5:00
p.m. Eastern time. No other forms of applications will be accepted.
E. Application Review Information
1. Criteria
Applications for FY 2024 ATP will be rated using the following
criteria:
i. Projects must meet eligibility requirements under the ATP, which
includes terminal development (including multimodal terminal
development) as defined in 49 U.S.C 47102(28): on-airport rail access
projects: or airport-owned ATCT relocation, reconstruction, repair, or
improvements.
ii. The FAA will consider timeliness of implementation, with
priority given to those projects, including ``design only'' projects,
that can satisfy all statutory and administrative requirements for
grant award by June 2024.
iii. Favorable consideration will be given to eligible and
justified (based on civil aeronautical demand) terminal development
projects (including multimodal terminal development), on-airport rail
access projects, and ATCT projects that:
a. Increase capacity and passenger access: The applicant should
describe the extent to which the project contributes to the functioning
and growth of the economy, including the extent to which the project
addresses congestion or service gaps in rural areas. The applicant
should demonstrate how the proposed project increases capacity,
provides ongoing market access to the airport by competing carriers as
economic and competitive conditions change (such as by constructing
common use gates or updating gates and other areas with common use
equipment). The applicant should also demonstrate how the proposed
project increases capacity and market access or relieves congestion
based on current and/or forecast needs.
b. Replace aging infrastructure: Applicants should describe how the
project addresses replacing or upgrading facilities that have reached
the end of their useful life. This includes information on the current
age and condition of the asset that will be affected by the project and
how the proposed project will improve asset condition. The applicant
should describe how the facility no longer meets the current or
forecasted operational needs of the airport. This includes the
renovation, expansion, or replacement of a facility that is too small
or cannot efficiently meet current or future demand. This also includes
projects aimed at terminal modernization or upgrades to meet the
changing user or community expectations. This can be met by including
multimodal terminal development, climate resiliency, sustainability
initiatives and practices incorporated therein, and the incorporation
of common-use equipment and practices, all with the goal of providing a
terminal that focuses on the most efficient movement of passengers and
baggage possible. This also includes projects that address changing
environmental conditions and improve resilience to climate change, and
that will be constructed consistent with the Federal Flood Risk
Management Standard, per the President's January 30, 2015, Executive
Order 13690, ``Establishing a Federal Flood Risk Management Standard
and a Process for Further Soliciting and Considering Stakeholder
Input'' to the extent consistent with current law.
c. Achieve compliance with the Americans with Disabilities Act
(ADA), including expand accessibility for persons with disabilities:
Applicants should describe how the project increases mobility, expands
access, and improves connectivity for people with disabilities both
inside and outside the terminal or ATCT. The information
[[Page 63192]]
should demonstrate how the proposed project will meet the requirements
under the Americans with Disabilities Act and improve equitable access
for people with disabilities.
d. Improve airport access for historically disadvantaged
populations: Applicants should describe how the project increases
mobility, expands access, and improves connectivity for historically
disadvantaged populations. The information should demonstrate how the
proposed project provides a significant local and regional impact and
benefits historically disadvantaged populations. The applicant should
include a description of public engagement on a local and regional
level that has occurred, demonstrates proactive inclusivity of
historically disadvantaged communities, and the degree to which public
comments and commitments have been integrated into the project. DOT is
providing a list of communities that meet the definition of
Historically Disadvantaged Communities, available at https://adip.faa.gov/agis/public/#/disadvantagedCommunities.
e. Improve energy efficiency, including upgrading environmental
systems, upgrading plant facilities, and achieving Leadership in Energy
and Environmental Design (LEED) accreditation standards: Applicants
should provide information demonstrating how the proposed project will
reduce air pollution and greenhouse gas emissions from a reduction in
energy consumption through energy-efficient design. This includes how
the project may facilitate the airport in achieving LEED or similar
accreditation standards through reliance on alternative energy, water
use reduction, sustainable site selection and development, responsible
materials selection and waste management, incorporating lower-carbon
pavement and construction materials, enhanced indoor environmental
quality, use of terminal facility for renewable energy production, or
other sustainability efforts (e.g., vehicle charging stations attached
to the terminal) that further reduce long-term impact on the climate. A
proposed project, including utility support facilities, should be part
of an overall plan that sets targets to lower carbon emissions, working
toward a carbon-neutral airport by 2050.
f. Improve airfield safety through terminal relocation: Applicants
should describe how the proposed terminal project is improving airfield
safety through the relocation of the terminal building or its
components. This could also include a project to relocate a terminal
that assists in addressing nonstandard airfield configurations.
g. Encourage actual and potential competition: The applicant should
describe the extent to which the project promotes competition in air
service by providing greater ability to accommodate new entrants;
increasing the ability of competing air carriers to access constrained
facilities on an ongoing basis; and facilitating the efficient and
reliable movement of passengers and cargo. The applicant should
describe the extent to which the project leads to common use gates and
software (e.g., common use software updates, construction of common use
gates versus preferential use by a specific carriers). The applicant
may also wish to describe how the project will offer regional and
national impacts by improving the economic strength of regions and
cities; increase opportunities for tourism; result in long-term job
creation by supporting good-paying jobs with the free and fair choice
to join a union directly related to the project; and help the United
States compete in a global economy by encouraging the location of
important industries and future innovations and technology in the
United States.
iv. ATCT projects that relocate, reconstruct, repair, or improve an
airport-owned ATCT will also be evaluated based on overall impact on
the National Airspace System, including age of facility, operational
constraints, and nonstandard facility conditions.
v. The FAA will provide a preference to projects that achieve a
complete development objective, even if awards for the project must be
phased; and prioritize projects that have received partial awards.
vi. The applicant should describe whether and how project delivery
and implementation create good-paying jobs with the free and fair
choice to join a union to the greatest extent possible; the use of
demonstrated strong labor standards, practices and policies (including
for direct employees, contractors, sub-contractors, and service workers
on airport property); use of project labor agreements; distribution of
workplace rights notices; union neutrality agreements; wage and/or
benefit standards; safety and health standards; the use of Local Hire
Provisions; \1\ registered apprenticeships; joint-labor management
partnerships; or other similar standards or practices. The applicant
should describe how planned methods of project delivery and
implementation (for example, use of Project Labor Agreements and/or
Local Hire Provisions,\2\ training, placement, and the provision of
supportive services for underrepresented workers) provide opportunities
for all workers, including workers underrepresented in construction
jobs to be trained and placed in good-paying jobs directly related to
the project. The FAA will consider this information in evaluating the
application.
---------------------------------------------------------------------------
\1\ IIJA div. B Section 25019 provides authority to use
geographical and economic hiring preferences, including local hire,
for construction jobs, subject to any applicable State and local
laws, policies, and procedures.
\2\ Project labor agreement should be consistent with the
definition and standards outlined in Executive Order 14063.
---------------------------------------------------------------------------
Applicants are encouraged to submit projects that meet as many of
the above criteria as possible, but do not need to meet all criteria to
be considered.
2. Review and Selection Process
Federal awarding agency personnel will evaluate applications based
on how well the projects meet the criteria in E.1, including project
eligibility, justification, readiness, impact on the National Airspace
System, and the availability of matching funds. The FAA will also
consider how well projects advance the goals of the following Executive
Orders, which are incorporated into the criteria under E.1.: the
President's January 20, 2021, Executive Order 13990, ``Protecting
Public Health and the Environment and Restoring Science to Tackle the
Climate Crisis''; the President's January 20, 2021, Executive Order
13985, ``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government''; the President's January
27, 2021, Executive Order 14008, ``Tackling the Climate Crisis at Home
and Abroad''; the President's May 20, 2021, Executive Order 14030,
``Climate Related Financial Risk''; and the President's July 9, 2021,
Executive Order 14036, ``Promoting Competition in the American
Economy.''
Applications are first reviewed for eligibility, justification, and
timeliness of implementation consistent with the requirements of this
NOFO and the intent of the ATP. Applications are then reviewed for how
well the proposed project(s) meets the criteria in E.1. and ranked by
field and Regional office staff. The top projects for each airport
category (as outlined in BIL) are then evaluated by a National Control
Board (NCB). The NCB has representatives from each Region and
Headquarters management. The NCB recommends project and funding levels
to senior leadership.
[[Page 63193]]
3. Integrity and Performance Check
Prior to making a Federal award with a total amount of Federal
share greater than the simplified acquisition threshold, the FAA is
required to review and consider any information about the applicant
that is in the designated integrity and performance system accessible
through SAM (currently FAPIIS) (see 41 U.S.C. 2313). An applicant, at
its option, may review information in the designated integrity and
performance systems accessible through SAM and comment on any
information about itself that a federal awarding agency previously
entered. The FAA will consider any comments by the applicant, in
addition to the other information in the designated integrity and
performance system, in making a judgment about the applicant's
integrity, business ethics, and record of performance under Federal
awards when completing the review of risk posed by applicants as
described in 2 CFR 200.206.
F. Federal Award Administration Information
1. Federal Award Notices
BIL awards are announced through a Congressional notification
process and a DOT Secretary's Notice of Intent to Fund. The FAA RO/ADO
representative will contact the airport with further information and
instructions. Once all pre-grant actions are complete, the FAA RO/ADO
will offer the airport sponsor a grant for the announced project. This
offer may be provided through postal mail or by electronic means. Once
this offer is signed by the airport sponsor, it becomes a grant
agreement. Awards made under this program are subject to conditions and
assurances in the grant agreement.
2. Administrative and National Policy Requirements
i. Grant Requirements
All grant recipients are subject to the grant requirements of the
AIP, found in 49 U.S.C. chapter 471. Grant recipients are subject to
requirements in the FAA's AIP Grant Agreement for financial assistance
awards; the annual Certifications and Assurances required of
applicants; and any additional applicable statutory or regulatory
requirements, including nondiscrimination requirements and 2 CFR part
200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. Grant requirements include, but are
not limited to, approved projects on an airport layout plan; compliance
with federal civil rights laws; Buy American requirements under 49
U.S.C. 50101; Build America, Buy America requirements in sections
70912(6) and 70914 in Public Law 117-58; the Department of
Transportation's Disadvantaged Business Enterprise (DBE) Program
regulations for airports (49 CFR part 23 and 49 CFR part 26); the
Infrastructure Investment and Jobs Act; and prevailing wage rate
requirements under the Davis-Bacon Act, as amended (40 U.S.C. 276a-
276a-5, and reenacted at 40 U.S.C. 3141-3144, 3146, and 3147).
Domestic Preference Requirements: As expressed in Executive Order
14005, Ensuring the Future Is Made in All of America by All of
America's Workers (86 FR 7475), executive branch should maximize,
consistent with law, the use of goods, products, and materials produced
in, and services offered in, the United States. Funds made available
under this notice are subject to the domestic preference requirements
in the Buy American requirements under 49 U.S.C. 50101. The FAA expects
all applicants to comply with that requirement without needing a
waiver. However, to obtain a waiver, a recipient must be prepared to
demonstrate how they will maximize the use of domestic goods, products,
and materials in constructing their project.
Civil Rights and Title VI: As a condition of a grant award, grant
recipients should demonstrate that the recipient has a plan for
compliance with civil rights obligations and nondiscrimination laws,
including Title VI of the Civil Rights Act of 1964 and implementing
regulations (49 CFR 21), the Americans with Disabilities Act of 1990
(ADA), and Section 504 of the Rehabilitation Act, all other civil
rights requirements, and accompanying regulations. This should include
a current Title VI plan, completed Community Participation Plan, and a
plan to address any legacy infrastructure or facilities that are not
compliant with ADA standards. DOT's and the applicable Operating
Administrations' Office of Civil Rights may work with awarded grant
recipients to ensure full compliance with Federal civil rights
requirements.
Critical Infrastructure Security, Cybersecurity, and Resilience: It
is the policy of the United States to strengthen the security and
resilience of its critical infrastructure against all hazards;
including both physical and cyber risks, consistent with Presidential
Policy Directive 21--Critical Infrastructure Security and Resilience
and the President's National Security Memorandum on Improving
Cybersecurity for Critical Infrastructure Control Systems. Each
applicant selected for Federal funding under this notice must
demonstrate, prior to the signing of the grant agreement, effort to
consider and address physical and cyber security risks relevant to the
transportation mode and type and scale of the project. Projects that
have not appropriately considered and addressed physical and cyber
security and resilience in their planning, design, and project
oversight, as determined by the Department and the Department of
Homeland Security, will be required to do so before receiving funds for
construction.
Federal Contract Compliance: As a condition of grant award and
consistent with E.O. 11246, Equal Employment Opportunity (30 FR 12319,
and as amended), all Federally assisted contractors are required to
make good faith efforts to meet the goals of 6.9 percent of
construction project hours being performed by women, in addition to
goals that vary based on geography for construction work hours and for
work being performed by people of color.
The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) is charged with enforcing Executive Order
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam
Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega
Construction Project Program through which it engages with project
sponsors as early as the design phase to help promote compliance with
non-discrimination and affirmative action obligations. OFCCP will
identify projects that receive an award under this notice and are
required to participate in OFCCP's Mega Construction Project Program
from a wide range of Federally-assisted projects over which OFCCP has
jurisdiction and that have a project cost above $35 million. DOT will
require project sponsors with costs above $35 million that receive
awards under this funding opportunity to partner with OFCCP, if
selected by OFCCP, as a condition of their DOT award.
Performance and Program Evaluation: As a condition of grant award,
grant recipients may be required to participate in an evaluation
undertaken by the DOT, FAA, or another agency or partner. The
evaluation may take different forms, such as an implementation
assessment across grant recipients, an impact and/or outcomes analysis
of all or selected sites within or across grant recipients, or a
benefit/cost analysis or assessment of return on investment. DOT may
require applicants
[[Page 63194]]
to collect data elements to aid the evaluation. As a part of the
evaluation, as a condition of award, grant recipients must agree to:
(1) make records available to the evaluation contractor or DOT staff;
(2) provide access to program records and any other relevant documents
to calculate costs and benefits; (3) in the case of an impact analysis,
facilitate the access to relevant information as requested; and (4)
follow evaluation procedures as specified by the evaluation contractor
or DOT staff. Requested program records or information will be
consistent with record requirements outlined in 2 CFR 200.334-338 and
the grant agreement.
ii. Standard Assurances
Each grant recipient must assure that it will comply with all
applicable federal statutes, regulations, executive orders, directives,
FAA circulars, and other federal administrative requirements in
carrying out any project supported by the ATP grant. The grant
recipient must acknowledge that it is under a continuing obligation to
comply with the terms and conditions of the grant agreement issued for
its project with the FAA. The grant recipient understands that federal
laws, regulations, policies, and administrative practices might be
modified from time to time and may affect the implementation of the
project. The grant recipient must agree that the most recent Federal
requirements will apply to the project unless the FAA issues a written
determination otherwise.
The grant recipient must submit the Certifications at the time of
grant application and Assurances must be accepted as part of the grant
agreement at the time of accepting a grant offer. Grant recipients must
also comply with the requirements of 2 CFR part 200, which ``are
applicable to all costs related to Federal awards,'' and which are
cited in the grant assurances of the grant agreements. The Airport
Sponsor Assurances are available on the FAA website at: https://www.faa.gov/airports/aip/grant_assurances.
3. Reporting
Grant recipients are subject to financial reporting per 2 CFR
200.328 and performance reporting per 2 CFR 200.329. Under the ATP, the
grant recipient is required to comply with all Federal financial
reporting requirements and payment requirements, including the
submittal of timely and accurate reports. Financial and performance
reporting requirements are available in the FAA October 2020 Financial
Reporting Policy, which is available at https://www.faa.gov/sites/faa.gov/files/airports/aip/grant_payments/aip-grant-payment-policy.pdf.
The grant recipient must comply with annual audit reporting
requirements. The grant recipient and sub-recipients, if applicable,
must comply with 2 CFR part 200, subpart F, Audit Reporting
Requirements. The grant recipient must comply with any requirements
outlined in 2 CFR part 180, Office of Management and Budget (OMB)
Guidelines to Agencies on Governmentwide Debarment and Suspension.
G. Federal Awarding Agency Contact(s)
For further information concerning this notice, please contact the
FAA BIL Branch via email at [email protected]. In addition, the
FAA will post answers to frequently asked questions and requests for
clarifications on the FAA's website at www.faa.gov/bil/airport-terminals. To ensure applicants receive accurate information about
eligibility of the program, the applicant is encouraged to contact the
FAA directly, rather than through intermediaries or third parties, with
questions.
All applicants, including those requesting full federal share of
eligible projects costs, should have a plan to address potential cost
overruns as part of an overall funding plan.
Issued in Washington, DC, on September 11, 2023
Robin K. Hunt,
Manager, FAA Office of Airports BIL Branch.
[FR Doc. 2023-19893 Filed 9-13-23; 8:45 am]
BILLING CODE 4910-13-P