[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22468-22476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06778]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No: FAA-2024-1029]


Notice of Funding Opportunity for FAA's Office of Airports FY 
2023 Supplemental Discretionary Grants

AGENCY: Federal Aviation Administration, Office of Airports, U.S. 
Department of Transportation.

ACTION: Notice of funding opportunity.

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SUMMARY: The U.S. Department of Transportation (DOT) Federal Aviation 
Administration (FAA) announces the opportunity to apply for 
approximately $269 million in FY 2023 Supplemental Discretionary 
Grants. This is a competitive grant program under the project grant 
authority for Airport Improvement Program (AIP). The AIP objective is 
to assist airport owners and operators (sponsors) that are eligible to 
accept grants in the development and improvement of a nationwide 
airport system. FAA will implement the FY 2023 Supplemental 
Discretionary grants consistent with AIP sponsor and project 
eligibility. In addition, FY 2023 Supplemental Discretionary grants 
will

[[Page 22469]]

align with DOT's Strategic Framework FY 2022-2026 at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework.

DATES: Airport sponsors must submit an application that meets the 
requirements of this NOFO no later than 5:00 p.m. Eastern time, May 2, 
2024.

ADDRESSES: Submit applications electronically at [email protected].

FOR FURTHER INFORMATION CONTACT: David F. Cushing, Manager, Airports 
Financial Assistance Division, APP-500 at (202) 267-8827.

SUPPLEMENTARY INFORMATION:

A. Program Description

    This FY 2023 Supplemental Discretionary Grants Notice of Funding 
Opportunity (NOFO) announces a competitive grant program that falls 
under the project grant authority for the AIP in 49 U.S.C. 47104. The 
Consolidated Appropriations Act, 2023 (Pub. L. 117-328) (Appropriations 
Act), provides funding, to remain available through September 30, 2025, 
for the Secretary of Transportation to issue grants for projects as 
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter 
475 of title 49 of the U.S.C., for both specific Congressionally 
Directed grants that are not subject to this NOFO, and approximately 
$269 million in FY2023 Supplemental Discretionary Grants, subject to 
the availability of funds, that are the subject of this NOFO. As 
outlined in 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.
    FAA seeks to fund projects that advance the Departmental priorities 
of safety, equity, climate and sustainability, and workforce 
development, job quality, and wealth creation as described in Section E 
and the 2022-2026 USDOT Strategic Plan, in the 2022-2026 USDOT 
Research, Development and Technology Strategic Plan, and in executive 
orders, including those listed under Section F.2.

B. Federal Award Information

B.1 Total Funding

    This NOFO announces approximately $268,707,225, subject to the 
availability of funds, for FY 2023 Supplemental Discretionary Grants to 
remain available through September 30, 2025. Of this total, 
$235,677,112 will be made available to medium and large hub airports 
and $33,030,113 to small hub, nonhub, and nonprimary airports.

B.2 Expected Award Amount

    From FY 2018 through FY 2022, more than 625 supplemental 
discretionary grants were awarded, totaling approximately $2.5 billion. 
The supplemental discretionary grants ranged in amount from $142,000 to 
$29,115,000. The average supplemental discretionary grant has been 
approximately $4,800,000.
    Large and Medium Hub Airports: In FY 2022, 34 awards, averaging 
$5.8 million were awarded to large and medium hub airports. In FY 2023, 
the total amount available for this category is $235,677,112 million. 
Applicants should craft project applications to accept grants to 
fulfill a useful unit of work that achieve a priority purpose, or 
purposes, expressed in Sections A and E of no more than $20 million 
federal share.
    Small Hub, Nonhub, and Nonprimary Airports: In FY 2022, 45 awards, 
averaging $1.5 million were awarded to small hub, nonhub, and 
nonprimary airports. For FY2023, the total amount available for this 
category is $33,030,113. Applicants should craft project applications 
to accept grants to fulfill a useful unit of work that achieve a 
priority purpose, or purposes expressed in Sections A and E of no more 
than $1.5 million federal share.
    In consideration of the limited funding, project applications 
should consider projects that may have multiple useful units of work 
scoped with bid alternates.

B.3 Number of Awards

    FAA anticipates at least 50 awards to be made from this NOFO.

B.4 Expected Award Funding and Anticipated Dates

    Anticipated Award Date: within 90 days after the application 
deadline.
    Anticipated Funding/Obligation Dates: July 2024 through May 2025.

B.5 Period of Performance

    The period of performance shall not extend beyond four (4) years 
after the applicable Anticipated Award/Obligation Dates from Section 
B.4.

B.6 Partial Awards

    FAA reserves the right to fund an application at less than the 
total amount requested to cover only a portion of the proposed activity 
indicated in the original proposal, as long as the activity is a useful 
unit of work. However, a partial award does not guarantee future 
funding for completion of all activities within the project. If project 
proposals are offered as a non-severable package of work, the applicant 
should specify this in the application. Applicants are encouraged to 
propose projects that are scalable and identify scaled funding options 
in case insufficient funding is available to fund an applicant's 
project or a bundled project at the full requested amount.

C. Eligibility Information

C.1 Eligible Applicants

    Eligible applicants are public agencies owning or leasing a public-
use airport in the NPIAS; private entities owning a public-use NPIAS 
airport; States acting as a sponsor for one or more specific NPIAS 
airports in the State; Indian Tribes or pueblos owning or leasing 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; the Republic of Palau; and other applicants as 
outlined in table 2-1 of the AIP Handbook, FAA Order 5100.38, February 
26, 2019 available at: https://www.faa.gov/airports/aip/aip_handbook/.

C.2 Cost Sharing and Matching

    Grants have Federal shares ranging from 70 percent to 95 percent 
under 49 U.S.C. 47109. The Federal share percentage is based on the 
airport size and type of project. Federal share by airport and project 
type can be found in chapter 4 of the AIP Handbook, FAA Order 5100.38D, 
February 26, 2019.

C.3 Project Eligibility

    Every applicant must be able to demonstrate that its proposed 
project is able to meet all grant requirements, including appropriate 
procurement of services such as construction bids, and be able to 
execute a grant no later than May 31, 2025.
    Subject to funding availability, FAA will consider applications for 
AIP-eligible projects under the Priority Project Categories in section 
(C.3.a). Funding for projects under the general AIP eligibility will be 
considered after funding decisions for the Priority Projects Categories 
have been determined.
    However, funds are limited, especially with regard to small hub, 
nonhub, and nonprimary airports.
C.3.a Priority Project Categories
    The Appropriations Act focuses on specific areas of AIP eligibility 
consistent with Administration priorities. These are airfield 
operational resiliency (AOR); sustainable aviation

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fuel (SAF); and emissions and energy improvements (EE).
C.3.a.1 Airfield Operational Resiliency (AOR)
    Airfield operational resiliency and the safety of airfield 
operations are high priorities for FAA and the Department. Projects to 
improve the resiliency of at-risk infrastructure must preserve or 
advance airfield safety standards or advance the safety of airfield 
operations. Projects that advance the operational resiliency of the 
airfield, necessarily strive to do so under safe operating conditions. 
The Appropriations Act focuses on airfield operational resiliency, 
stating that FAA may make supplemental discretionary grants for airport 
development improvements to primary runways, taxiways, and aprons 
necessary at primary airports to increase operational resiliency for 
the purpose of resuming commercial service flight operations following 
an earthquake, flooding, high water, hurricane, storm surge, tidal 
wave, tornado, tsunami, wind-driven water, or winter storms.
    AIP traditionally focuses on airfield resiliency including safe 
operations in varied operating circumstances. Also, AIP funds airfield 
resiliency in the form of pavement durability and weight-bearing 
capacity. Intact airfield pavement is a significant factor in 
operational safety. Airfield drainage and projects that prevent 
accumulations of precipitation or inundation of the airfield are 
eligible projects for AIP funding. Airfield Operational Resiliency also 
means the resiliency of airfield signage and markings, as well as the 
reliability and effectiveness of airfield lighting infrastructure.
C.3.a.2 Sustainable Aviation Fuel (SAF)
    FAA may make grants to primary airports for airport-owned 
infrastructure required for the on-airport distribution, blending, or 
storage of sustainable aviation fuels that achieve at least a 50 
percent reduction in lifecycle greenhouse gas emissions, using a 
methodology determined by the Secretary of Transportation. Projects may 
include, but are not limited to, on-airport construction or expansion 
of pipelines, rail lines and spurs, loading and off-loading facilities, 
blending facilities, and storage tanks.
C.3.a.3 Emissions and Energy (EE)
    i. Expanded Emissions Eligibility: As required in the 
Appropriations Act, FAA has set aside no less than $25 million for 
grants for work necessary at commercial service airports to construct 
or modify airport facilities to provide low-emission fuel systems, gate 
electrification, other related air quality improvements, acquisition of 
airport-owned vehicles or ground support equipment with low emission 
technology, or the purchase and installation of chargers to support 
such airport-owned vehicles and ground support equipment. Qualifying 
projects may include, but are not limited to, those described under the 
Voluntary Airport Low Emissions (VALE) program, without requiring the 
airport to be in a non-attainment or maintenance area, and the Zero 
Emissions Vehicles (ZEV) program.
    For information on VALE see https://www.faa.gov/airports/environmental/vale/.
    ii. Energy Efficiency of Airport Power Sources: Energy Efficiency 
of Airport Power Sources provides grant funding for energy assessments/
audits and implementation of energy reduction measures to reduce energy 
consumption across airport operations. In order to be eligible for 
implementation of energy consumption reduction projects, an energy 
assessment/audit must have been completed. Requirements for an 
acceptable energy assessment/audit and project eligibility are based on 
Energy Efficiency of Airport Power Sources eligibility under 49 U.S.C. 
47140(a)(b), and details are contained in chapter 6, section 7 of the 
AIP Handbook.
    iii. Energy Supply, Redundancy and Microgrids: Energy Supply, 
Redundancy and Microgrids provides grant funding that can be used to 
improve the reliability and efficiency of the airport power supply. 
Eligibility is based on Energy Supply, Redundancy and Microgrids 
projects eligibility under 49 U.S.C. 47102(3)(P). Additional 
information is available at https://www.faa.gov/airports/environmental/.
    iv. Airport Sustainability Planning: Airport Sustainability 
Planning provides grant funding for eligible airports to develop 
comprehensive sustainability plans. Based on the authority under 49 
U.S.C. 47102(5), such plans may address a broad array of environmental 
and energy planning activities, green construction and operations, 
energy efficiency, and renewable energy. Consistent with E.O. 14008, a 
sustainability plan also may address climate resiliency. Additional 
information is available at https://www.faa.gov/airports/environmental/sustainability/.
    v. Zero Emissions Vehicle: These grants provide funding to acquire 
zero-emissions vehicles and associated infrastructure at any primary or 
nonprimary airport eligible to receive AIP grants. See https://www.faa.gov/airports/environmental/zero_emissions_vehicles/.
    vi. Reducing Impacts of Lead Emissions from Aviation Fuel: Grants 
are available for planning for unleaded aviation fuel infrastructure, 
and to plan for and construct run-up locations to reduce community 
exposure to emissions from leaded aviation fuel.
    vii. Other AIP eligible projects that increase energy efficiency: 
Grants for projects that are otherwise eligible for AIP may be also 
eligible under this Priority Projects Category to the extent that 
implementation of the funded project reduces emissions or increase 
energy efficiency.

D. Application and Submission Information

D.1 Address To Request Application Package

    Required application materials, including the Application for 
Federal Assistance (Form SF-424), are available at https://www.faa.gov/airports/aip/aip_supplemental_appropriation.
    For specific technical questions about general AIP project 
eligibility or Airfield Operational Resiliency (AOR) project 
eligibility, please contact 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.
    For specific technical questions regarding Sustainable Aviation 
Fuel (SAF) projects and Emissions and Energy (EE) projects, please see 
section G for contact information.

D.2 Content and Form of Application Submission

    Applicants are required to submit an application specifically 
referencing all requirements in this NOFO to be considered for 
supplemental discretionary funding, even if the applicant previously 
applied for funding.
    All applications must contain the SF-424 identified in Section 
D.2.a. Applications should also include a project narrative with 
financial plan describing the project as explained in Section D.2.b. 
The SF-424 and the project narrative with financial plan should be in 
separate files in the same email submission.
    Applicants are required to submit applications electronically to 
the following mailbox: [email protected]. The deadline for 
submittal is May 2, 2024, at 5 p.m. Eastern time. The applicant will 
receive a one-time notification of receipt of the application

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materials. Subsequent applications or materials will not receive 
notification. No information regarding the status of the application 
will be provided until all reviews are complete.
    Airports covered under FAA's State Block Grant Program should 
coordinate with their associated state agencies and must submit project 
applications via the procedures noted herein to the specified mailbox.
    The applicant assumes responsibility for submitting complete 
applications on the required form to the identified mailbox. FAA 
assumes no responsibility for misdirected, incomplete, incorrect, or 
late applications.
    Applicants are required to submit applications with the following 
information:
D.2.a Completed and Signed SF-424
    The required form for this NOFO is located at https://www.faa.gov/airports/resources/forms/media/SF424. All other versions are obsolete, 
and their use may remove your application from consideration. This 
version of the SF-424 is a fillable.pdf. Please do not print and scan 
the form, nor imbed the form in your application documents or Project 
Narrative. Submit it by email as the completed fillable form. The SF-
424 must be a stand-alone document. It must not contain a title page, 
nor be imbedded in any other document. All information required on the 
SF-424 must be completed as applicable. The following information must 
be included, or your application may be disqualified:
    a. A valid and active UEI in Box 8c. The UEI must match the Legal 
Entity Name in Box 8a. DUNs number is no longer permitted on Federal 
award applications.
    b. Funding Opportunity Number (FON) in Box 12. The FON for this 
NOFO is FAA-ARP-AIP-G-24-001.
    c. Brief description of the project in Box 15, including the 
Priority Project Category identified in Section C.3. Please use ``AOR'' 
for Airfield Operational Resiliency; ``SAF'' for Sustainable Aviation 
Fuel; and ``EE'' for all Emissions and Energy projects. Use ``G'' for 
general AIP eligibility.
    d. Proposed Start Date in Box 17 a. Project should go under grant 
no later than May 31, 2025.
    e. Federal Funding Amount Requested from the FY 2023 Supplemental 
Discretionary Grants in Box 18a.
    f. The file name for each SF-424 will use the following format for 
submission:
    [LOCID] SF-424 FY 2023 Supplemental Discretionary Grants [Special 
Project Category abbreviation--G, AOR, SAF or EE]. Example: XXX SF-424 
FY 2023 Supplemental Discretionary Grants SAF.
D.2.b Project Narrative With Financial Plan
    Each project application should include a single project narrative 
with financial plan not to exceed 20 pages contained in its own file in 
the emailed application submission.
    Each project narrative should include a schedule demonstrating that 
the airport sponsor can execute a grant agreement no later than May 31, 
2025, meeting milestones in calendar year 2024. Calendar year 2024 
milestones include, but are not limited to, progress of environmental 
reviews, airspace review and approvals, and depiction of the project on 
the Airport Layout Plan. The project narrative with financial plan 
should describe the project purpose, specific location on the airport, 
project scope, and how the project satisfies Administration priorities 
or safety, climate change and sustainability, or equity and workforce 
development, as summarized in Section A.
    Each application must include a financial plan that ensures that 
the airport sponsor executes a grant by May 31, 2025, and that the 
airport sponsor demonstrates that the project is ready to begin within 
the timeframe provided and will be completed within the period of 
performance indicated in section B.5. The financial plan should show 
how the project will become operational in a timely manner. Finally, 
the airport sponsor should include information on its financing to 
complete the project and put it in use, including a plan to use FAA 
formula funding associated with the subject airport, either upon the 
subject project or another eligible project of similar or higher 
utility or National Priority Rating (NPR), as such term is defined in 
FAA Order 5090.5, Formulation of the NPIAS and ACIP.
    The grant application financial plan may be based on estimates. 
However, FAA may request additional information, including bids or firm 
cost determinations, substantiation of greenhouse gas or emissions 
reductions, and associated requirements.
    In addition, to enhance competitiveness of the application, each 
project narrative with financial plan should include the elements 
described in D.3.
D.3 All Applications
    Project narratives should contain enough information about the 
project to establish basic eligibility, including expanded eligibility 
in the Priority Project Categories. Include enough information about 
the project to identify precise locations, purpose of the project, and 
project scope to calculate an NPR, which FAA will consider in 
prioritizing projects.
    Each Priority Project Category application description should also 
include information to support the application, such as listed under 
D.3. and other relevant information to present the character of the 
project and show how it satisfies the criteria under section E.1.
D.3.a Airfield Operational Resiliency (AOR)
    Applications for airfield operational resilience, including the 
preservation or advancement of safety standards or the advancement of 
the safety of airfield operations, including the operational resiliency 
of airfield pavement, marking, signage and lighting must describe:
    i. the conditions, including natural disaster, from which the 
proposed project would provide prevention, resiliency, or recovery;
    ii. whether the project pursues prevention of the occurrence (such 
as levees) or resistance to damage (such as timely appropriate pavement 
treatments or passive airfield drainage); or recovery from severe 
impacts (such as stormwater runoff management or snow removal);
    iii. the likelihood of such impacts occurring in relation to the 
expected useful life of the proposed development improvements; and
    iv. any specific reasons why the subject airfield is particularly 
vulnerable to negative impacts, including those from natural disaster, 
and the scale of that negative impact to the aviation system.
D.3.b Sustainable Aviation Fuels (SAF)
    Applications for Sustainable Aviation Fuels (SAF) proposals, 
describe clearly how the project will support the implementation of SAF 
for distribution into aircraft at the airport. This description should 
include:
    i. A project description consistent with improvements including, 
but not limited to, on-airport construction or expansion of pipelines, 
rail lines and spurs, loading and off-loading facilities, blending 
facilities and storage tanks;
    ii. The absolute capacity of the facility in gallons to deliver SAF 
into-plane;
    iii. How the scope of the proposed facility is reasonably 
consistent with the potential and operable market for SAF at the 
airport;
    iv. How the sponsor intends to provide non-discriminatory, non-
exclusive access to SAF for aeronautical users of the airport; and the 
sponsor's plan for covering the operational costs

[[Page 22472]]

of the facility through reasonable rates and charges;
    v. Certification that the project supports the transition to 
sustainable aviation fuels that achieve at least a 50 percent reduction 
in lifecycle greenhouse gas emissions. SAF production and lifecycle 
greenhouse gas emissions are described in the Notice of Funding 
Opportunity for the Fueling Aviation's Sustainable Transition Grant 
Program available at https://faa.gov/general/fueling-aviations-sustainable-transition-fast-grants. Include a statement of how the 
project prevents degradation to the lifecycle carbon benefits.
D.3.c Emissions and Energy (EE)
    Applications for projects focusing on the Expanded Emissions 
Eligibility; Energy Efficiency of Airport Power Sources; Energy Supply, 
Redundancy and Microgrids; Airport Sustainability Planning and ZEV for 
all airports, as described in C.3.a.3 will provide:
    i. A cost estimate;
    ii. For projects that will result in emissions reductions or air 
quality improvements: (a) the total project cost per tons that the 
emissions reduction will produce and the types of emissions it will 
reduce relative to a no-action baseline, including average annual 
amount and estimated amount over the project lifetime, and (b) a 
description of the methodology and tool used to calculate the estimated 
emissions reduction;
    iii. An energy assessment or audit that describes the airport's 
heating and cooling, base load, back-up power, and power for on-road 
airport vehicles and ground support equipment and identifies the 
proposed project as a measure to reduce energy consumption for projects 
that will result in a reduction of airport energy consumption pursuant 
to the Energy Efficiency of Airport Power Sources Program (see AIP 
Handbook Chapter 6, section 7);
    iv. Other environmental sustainability benefits with regard to 
energy efficiency, or reliability, such as through incorporation of 
specific design elements that address resiliency to climate change 
impacts; and
    v. How the project addresses the disproportionate negative 
environmental impacts of transportation on disadvantaged communities, 
consistent with environmental justice and civil rights authorities.
D.4 Unique Entity Identifier and System of 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 (UEI) provided by SAM. Additional information about 
obtaining a UEI and registration procedures may be found at the SAM 
website (currently at http://www.sam.gov).
    Each applicant is required to: (1) be registered in SAM before 
submitting its application; (2) provide a valid unique entity 
identifier in its application (which matches the airport sponsor's name 
on the application); 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 FAA. Under FY 2023 Supplemental Discretionary Grants, 
the UEI and SAM account must belong to the entity that has the legal 
authority to apply for, receive, and execute these grants.
    Once awarded, FAA grant recipient must maintain the currency of its 
information in SAM until the recipient 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.
    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 FAA is ready to make an 
award, 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: https://sam.gov/content/fapiis) 
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.
D.5 Submission Dates and Times
    Airports sponsors must submit an application that meets the 
requirements of this NOFO no later than 5 p.m. Eastern time on May 2, 
2024, to the following mailbox: [email protected].
    Applications may be based on estimates. However, FAA may request 
additional information, including bids or firm cost determinations, and 
other associated requirements after the review and selection of awards.
D.6 Intergovernmental Review
    Not Applicable.
D.7 Funding Restrictions
    Under 49 U.S.C. 47115, projects must meet airport and project 
eligibility criteria. Eligibility is derived from statute and may 
include projects to enhance airport safety, capacity, security, and the 
environment, or any combination of the above. In general, sponsors may 
receive AIP funds for most airfield capital improvements, and, in 
specific situations, for terminals, hangars, equipment, and 
nonaeronautical development. Operational costs--such as salaries, 
equipment, and supplies--are not eligible for FY 2023 Supplemental 
Discretionary Grants. Grant funds may not be used to support or oppose 
union organizing.
    Please see below criteria and refer to chapters 3 and 4 of the AIP 
Handbook for further details on eligibility criteria and funding 
restrictions. Except where options are specifically noted or where 
nonmandatory language is used, the procedures and requirements in the 
AIP Handbook are mandatory. The general requirements for project 
funding include considerations of: project eligibility; project 
justification; good title of airport property; an FAA-approved airport 
layout plan (if applicable); airport-user consultations; complete 
required environmental reviews; a determination that the grant will 
yield a usable unit of work; certification that the project 
specification will meet FAA standards; applicable cost justifications; 
and a work plan to complete the project without unreasonable delay.
    See section C for additional eligibility details for Priority 
Program Categories as derived from the Appropriations Act and 
Administration priorities.
    Grant Funds, Sources and Uses of Project Funds: 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. Funding sources should be grouped into three 
categories: non-Federal, FY2023 Supplemental Discretionary Grants, and 
other Federal funding with specific amounts from each funding source, 
including formula funding under AIP and Airport Infrastructure Grants 
(AIG).
    Sharing of Application Information: FAA may share application 
information within the Agency, Department, or with other Federal 
agencies if FAA determines that sharing is relevant to the respective 
program's objectives.

[[Page 22473]]

E. Application Review Information

    FAA will implement the FY 2023 Supplemental Discretionary Grants as 
appropriate and consistent with statutory criteria. These comprise 
eligibility for airport planning, development, and environmental 
projects to support aeronautical activity at airports of all sizes 
across the country. Also, this NOFO supports Administration, DOT, and 
FAA priorities:
    Safety: FAA seeks to fund projects that advance aviation safety 
standards and the safety of airfield operations;
    Climate Resiliency and Sustainability: FAA seeks to fund airport 
projects that reduce emissions associated with airport operations, 
increase energy efficiency and support the ability of airports to 
incorporate sustainable energy sources. FAA seeks to incorporate 
evidence-based resilience and reliability measures for at-risk 
infrastructure, including measures to prevent or recover from the 
impacts of increased climate risks. FAA seeks to reduce the lifecycle 
greenhouse gas emissions from project materials and airport operations. 
FAA seeks to avoid adverse environmental impacts to air or water 
quality, wetlands, and endangered species, and address the 
disproportionate negative environmental impacts of transportation on 
disadvantaged communities, consistent with Executive Order 14008, 
Tackling the Climate Crisis at Home and Abroad (86 FR 7619);
    Equity: FAA seeks to fund projects that create proportional impacts 
to communities in a project area, including reducing negative impacts 
to disadvantaged communities, and increase equitable access to project 
benefits, consistent with Executive Order 13985, Advancing Racial 
Equity and Support for Underserved Communities Through the Federal 
Government (86 FR 7009); and
    Workforce Development, Job Quality, and Wealth Creation: FAA 
intends to use FY 2023 Supplemental Discretionary Grants to support the 
creation of good-paying jobs with the free and fair choice to join a 
union and to support the incorporation of strong labor standards and 
training and placement programs, especially registered apprenticeships, 
in project planning stages, and consistent with Executive Order 14025, 
Worker Organizing and Empowerment (86 FR 22829). FAA also supports 
wealth creation, consistent with the DOT's Equity Action Plan promoting 
inclusive economic development and entrepreneurship measures such as 
the utilization of Disadvantaged Business Enterprises, Minority-owned 
Businesses, Women-owned Businesses, or 8(a) firms.

E.1 Criteria

    Projects are subject to the availability of funds. Project 
applications are subject to administrative screening.
    All applications will be assessed using the following criteria:
E.1.a Initial Screening
    i. Projects must meet the eligibility requirements identified in 
section C.3 of this NOFO, including general AIP eligibility.
    ii. The sponsor has sufficient financial resources to meet 
milestones in 2024 and 2025 and fulfill the purpose of the project 
described in the project narrative. The project funding plan uses 
available FAA formula funding, including AIP and AIG funds, not 
dedicated to another eligible project. All applicants should have a 
plan to address potential cost overruns as part of an overall funding 
plan.
    iii. Projects should be able to execute a grant agreement for the 
project no later than May 31, 2025. Certain policy milestones must be 
met executing a grant agreement. These include depiction of capital 
improvement projects on the airport's approved ALP (if applicable), a 
National Environmental Policy Act environmental review determination 
(if applicable), an energy assessment/audit for construction of energy 
efficiency projects, and all necessary airspace studies.
    iv. The readiness of the project to be completed within a period of 
performance, indicated in section B.5.
    v. FAA will consider the NPR in prioritizing projects.
E.1.b Merit Criteria
    i. FAA will consider the degree to which the project preserves or 
advances airfield safety standards and the safety of airfield 
operations.
    ii. FAA will consider the degree to which the project incorporates 
evidence-based resilience and reliability measures for at-risk 
infrastructure, including measures to prevent or recover from the 
impacts of increased climate risks.
    iii. FAA will consider the degree to which the project reduces the 
lifecycle greenhouse gas emissions from project materials and airport 
operations, including steps to make SAF available.
    iv. FAA will consider the degree to which the project reduces 
emissions associated with airport operations, increases energy 
efficiency, and supports the ability to incorporate sustainable energy 
sources.
    v. FAA will consider the degree to which the project avoids adverse 
environmental impacts to air or water quality, wetlands, and endangered 
species, and addresses the disproportionate negative environmental 
impacts of transportation on disadvantaged communities, consistent with 
Executive Order 14008, Tackling the Climate Crisis at Home and Abroad 
(86 FR 7619).
    vi. FAA will consider the degree to which the project reduces 
negative impacts to disadvantaged communities, and increases equitable 
access to project benefits, consistent with Executive Order 13985, 
Advancing Racial Equity and Support for Underserved Communities Through 
the Federal Government (86 FR 7009).
    vii. FAA will consider the degree to which the project complies 
with the Department of Transportation's Equity Action Plan through the:
     creation of good-paying, safe jobs with free and fair 
choice to join a union including through the use of a project labor 
agreement;
     promotion of investments in high-quality workforce 
development programs with supportive services to help train, place, and 
retain people in good-paying jobs or registered apprenticeships. These 
programs should have a focus on women, people of color, and others that 
are underrepresented in infrastructure jobs (people with disabilities, 
people with convictions, etc.);
     adoption of changes to hiring policies and workplace 
cultures to promote the entry and retention of underrepresented 
populations; and
     promotion of inclusive economic development and 
entrepreneurship, such as the utilization of Disadvantaged Business 
Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) 
firms.
E.1.c Selection Considerations
    i. FAA will consider the degree to which the project enables 
subsequent projects, such as energy assessments or audits, discussed in 
C.3.a.3, if applicable.
    ii. FAA will consider the degree to which the applicant presents a 
plan to measure the impacts of the project, including how the project 
contributes to energy efficiency or emissions improvements or reduction 
in life-cycle greenhouse gas emissions. These activities may not be 
eligible for reimbursement.
    iii. FAA will consider geographic variety.

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    iv. FAA will consider projects that take advantage of the 
flexibility of eligibility in the Appropriations Act that is not 
available under other FAA grant programs, such as projects in the 
Airfield Operational Resiliency, Sustainable Aviation Fuel, or 
Emissions and Energy Priority Project Categories. FAA will consider new 
or alternative uses of technology or processes in the execution of the 
project.
    v. FAA will consider projects that advance to grant very quickly or 
have a particular demand for funding in FY 2024.
    The review and selection process is described further in section 
E.2, of this NOFO.
    Applicants are encouraged to submit projects that meet as many of 
the above considerations as possible.
E.1.d Project Prioritization
    FAA will prioritize projects that qualify under the Priority 
Project Categories described in section (C.3.a) and advance the 
Departmental priorities described in section (A).

E.2 Review and Selection Process

    FAA will evaluate how well the projects meet the criteria in E.1, 
including project eligibility, justification, readiness, and the 
availability of matching funds.
    FAA will also consider how well projects advance the goals of the 
following Executive Orders, which are incorporated into the criteria 
under E.1.: Executive Order 13990, ``Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis''; 
Executive Order 13985, ``Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government''; Executive 
Order 14008, ``Tackling the Climate Crisis at Home and Abroad''; 
Executive Order 14030, ``Climate Related Financial Risk''; and 
Executive Order 14036, ``Promoting Competition in the American 
Economy.''
    Applications are first reviewed for eligibility, certainty, and 
timeliness of implementation consistent with the requirements of this 
NOFO and the intent of the specific project category, as described in 
E.1.a. Applications are then reviewed for how well the proposed 
project(s) meets the criteria in E.1.b and ranked by program division, 
field and Regional Office staff. The top projects for each airport 
category are then evaluated by a National Control Board (NCB), with 
consideration of the Selection Considerations, or other considerations 
as they arise in real-time. The NCB has representatives from each 
Region and Headquarters management and recommends project and funding 
levels to senior leadership.
E.2.a Administrative Review
    FAA will evaluate whether the application meets the requirements 
specified in section D.2.a, and the request is within stated goals for 
the airport's hub status.
E.2.b Merit Review
    FAA will prioritize funding projects that are complete usable units 
of work, to include construction of eligible airport development, 
acquisition and installation of eligible equipment, acquisition and 
commissioning of eligible rolling stock equipment, procurement of 
actionable plans, including sustainability plans and energy planning as 
described in section C.3.
E.2.c Selection Criteria
    After completing the merit review, among projects of similar merit, 
FAA will select applications based on availability of funds by airport 
type and as described in E.1.c.

E.3 Integrity and Performance Check

    Prior to making a Federal award with a total amount of Federal 
share greater than the simplified acquisition threshold, 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. 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.

E.4 Anticipated Announcement and Federal Award Dates

    FAA intends to release a Notice of Intent to Award FY 2023 
Supplemental Discretionary Grants within 90 days of the application 
deadline.

F. Federal Award Administration Information

F.1 Federal Award Notices

    FY 2023 Supplemental Discretionary Grants awards are announced 
through a Congressional notification process and the Secretary's Notice 
of Intent to Fund, after which an FAA RO/ADO representative will 
contact the airport sponsor with further information and instructions. 
Once all pre-grant actions are complete, 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.

F.2 Administrative and National Policy Requirements

    Pre-Award Authority: Under 49 U.S.C. 47110(b)(2), all project costs 
must be incurred after the grant execution date unless specifically 
permitted under the AIP statutes. Table 3-60 of the AIP Handbook lists 
the rules regarding when project costs can be incurred in relation to 
the grant execution date, the type of funding, and the type of project. 
Certain airport development costs incurred before execution of the 
grant agreement are allowable, but only if certain conditions under 49 
U.S.C. 47110(b)(2)(D) and Table 3-60 of the AIP Handbook are met.
    Grant Requirements: All grant recipients are subject to the grant 
requirements of the AIP, including the grant assurances, found in 49 
U.S.C. chapter 471. Grant recipients are subject to requirements in 
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, and compliance with 
Federal civil rights laws, Buy American requirements under 49 U.S.C. 
50101, the Department of Transportation's Disadvantaged Business 
Enterprise (DBE) Program regulations for airports (49 CFR part 23 and 
49 CFR part 26), Build America, Buy America requirements in sections 
70912(6) and 70914 of Public Law 117-58, 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).
    Standard Assurances: Each grant recipient must assure that it will 
comply

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with all applicable Federal statutes, regulations, executive orders, 
directives, FAA circulars, and other Federal administrative 
requirements in carrying out any project supported by an FY 2023 
Supplemental Discretionary 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 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 FAA issues a written determination otherwise.
    As referenced under Grant Requirements, 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 FAA website at: https://www.faa.gov/airports/aip/grant_assurances.
    Critical Infrastructure Security 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 National 
Security Presidential Memorandum on Improving Cybersecurity for 
Critical Infrastructure Control Systems. Each applicant selected for 
Federal funding under this NOFO must demonstrate, prior to the signing 
of the grant agreement, effort to consider and address physical and 
cybersecurity risks relevant to the transportation mode and type and 
scale of the project. Projects that have not appropriately considered 
and addressed physical and cybersecurity 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.
    Domestic Preference Requirements: As expressed in E.O. 14005, 
``Ensuring the Future Is Made in All of America by All of America's 
Workers'' (86 FR 7475), the 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 NOFO are subject to the domestic preference requirements of 
the Buy America Act codified in 49 U.S.C. 50101 and Build America, Buy 
America requirements of the Bipartisan Infrastructure Law (BIL), 
enacted as the Infrastructure Investment and Jobs Act (IIJA). FAA 
expects all applicants to comply with those requirements without 
needing a waiver. However, if requesting a waiver, a recipient must be 
prepared to demonstrate how it will maximize the use of domestic goods, 
products, and materials in constructing its project.
    Civil Rights and Title VI: As a condition of a grant award, 
applicants shall demonstrate that they will comply with the provisions 
of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
and implementing regulations (49 CFR part 21), the Airport and Airway 
Improvement Act of 1982 (49 U.S.C. 47123), the Age Discrimination Act 
of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act 
of 1973 (29 U.S.C. 794 et seq.), the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101, et seq.), U.S. Department of Transportation and 
Federal Aviation Administration (FAA) Assurances, and other relevant 
civil rights statutes, regulations, or authorities. This may include, 
as applicable, providing a current Title VI Program Plan and a 
Community Participation Plan (alternatively may be called a Public 
Participation Plan) to the FAA for approval, in the format and 
according to the timeline required by the FAA, and other information 
about the communities that will be benefited and impacted by the 
project. A completed FAA Title VI Pre-Grant Award Checklist is also 
required for every grant application, unless excused by the FAA. 
Applicants shall affirmatively ensure that when carrying out any 
project supported by this grant that you will comply with all federal 
nondiscrimination and civil rights laws based on race, color, national 
origin (including limited English proficiency), sex (including sexual 
orientation and gender identity), creed, age, disability, genetic 
information, or environmental justice in consideration for federal 
financial assistance. Applicants who have not sufficiently demonstrated 
the conditions of compliance with civil rights requirements will be 
required to do so before receiving funds. The Department's and FAA's 
Office of Civil Rights may provide resources and technical assistance 
to recipients to ensure full and sustainable compliance with Federal 
civil rights requirements. Failure to comply with civil rights 
requirements will be considered a violation of the agreement or 
contract and be subject to any enforcement action as authorized by law.
    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. Under Section 503 of the 
Rehabilitation Act and its implementing regulations, affirmative action 
obligations for certain contractors include an aspirational employment 
goal of 7 percent workers with disabilities.
    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 NOFO 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 cost above $35 million that receive awards 
under this funding opportunity to partner with OFCCP, if selected by 
OFCCP, as a condition of the DOT award.
    Performance and Program Evaluation: As a condition of grant award, 
grant recipients may be required to participate in an evaluation 
undertaken by DOT 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 to 
collect data elements to aid the evaluation and/or use information 
available through other reporting. 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

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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 
through 200.338 and the grant agreement.
    Recipients and subrecipients are also encouraged to incorporate 
program evaluation, including associated data collection activities 
from the outset of their program design and implementation to 
meaningfully document and measure their progress towards meeting an 
agency priority goal(s). Title I of the Foundations for Evidence-Based 
Policymaking Act of 2018 (Evidence Act), Pub. L. 115-435 (2019) urges 
Federal awarding agencies and Federal assistance recipients and 
subrecipients to use program evaluation as a critical tool to learn, to 
improve equitable delivery, and to elevate program service and delivery 
across the program lifecycle. Evaluation means ``an assessment using 
systematic data collection and analysis of one or more programs, 
policies, and organizations intended to assess their effectiveness and 
efficiency.'' 5 U.S.C. 17 311 Credible program evaluation activities 
are implemented with relevance and utility, rigor, independence and 
objectivity, transparency, and ethics (OMB Circular A-11, Part 6 
Section 290).

F.3 Reporting

    Grant recipients are subject to financial reporting per 2 CFR 
200.328 and performance reporting per 2 CFR 200.329. Under FY 2023 
Supplemental Discretionary Grants, 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 FAA 
October 2020 Airport Improvement Program (AIP) Grant Payment and 
Sponsor 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, OMB Guidelines to Agencies on 
Governmentwide Debarment and Suspension (Nonprocurement).

G. Federal Awarding Agency Contacts

G.1 General Inquiries

    For general inquiries, please contact: David F. Cushing, Manager, 
Airports Financial Assistance Division, APP-500, at 202-267-8827.
    For further information concerning this NOFO, please contact your 
local Regional Office or District Office. Contact information is 
available at https://www.faa.gov/airports/regions/.

G.2 Technical Inquiries

    For technical questions regarding specific operational resiliency, 
sustainable aviation fuel and energy and environmental sustainability 
programs described in this NOFO, please contact Matthew Klein, 
[email protected], 202-267-4086.
    To ensure applicants receive accurate information about eligibility 
for the program, the applicant is encouraged to contact FAA directly, 
rather than through intermediaries or third parties with questions.

    Issued in Washington, DC on March 26, 2024.
David F. Cushing,
Manager, Airports Financial Assistance Division.
[FR Doc. 2024-06778 Filed 3-29-24; 8:45 am]
BILLING CODE 4910-13-P