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Notice2022-20935

Airport Terminal Program; FY 2023 Funding Oppportunity

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Published

September 28, 2022

Issuing agencies

Transportation DepartmentFederal Aviation Administration

Abstract

The Department of Transportation (DOT), Federal Aviation Administration (FAA) announces the opportunity to apply for approximately $1 billion in FY 2023 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 development projects that address the aging infrastructure of the nation's airports. In addition, ATP grants will align with DOT's Strategic Framework FY2022-2026 at www.transportation.gov/administrations/office-policy/fy2022-2026- strategic-framework. The FY 2023 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.

Full Text

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<title>Federal Register, Volume 87 Issue 187 (Wednesday, September 28, 2022)</title>
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[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58897-58902]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20935]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket # FAA-2022-1227]

Airport Terminal Program; FY 2023 Funding Oppportunity

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

ACTION: Notice of funding opportunity.

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SUMMARY: The Department of Transportation (DOT), Federal Aviation
Administration (FAA) announces the opportunity to apply for
approximately $1 billion in FY 2023 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 development projects that address the aging
infrastructure of the nation's airports. In addition, ATP grants will
align with DOT's Strategic Framework FY2022-2026 at

[[Page 58898]]

<a href="http://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework">www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework</a>. The FY 2023 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 2023 ATP
discretionary funding should submit an application that meets the
requirements of this NOFO as soon as possible, but no later than 5:00
p.m. Eastern time, October 24, 2022.

ADDRESSES: Submit applications electronically at <a href="http://www.faa.gov/bil/airport-terminals">www.faa.gov/bil/airport-terminals</a> per instructions in this NOFO.

FOR FURTHER INFORMATION CONTACT: Robin K. Hunt, Manager, BIL
Implementation Team, FAA Office of Airports, at (202) 267-3263 or our
FAA BIL email address: <a href="/cdn-cgi/l/email-protection#eed7c3afbcbec3aca7a2af879c9e819c9a9dae888f8fc0898198">[email&#160;protected]</a>.

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. This program 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 2023 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.

B. Federal Award Information

This NOFO announces up to $1,000,000,000, subject to availability
of funds, for the Fiscal Year 2023 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). 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
2024-2026.

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, Federated States of Micronesia, Republic of
Palau.

2. Cost Sharing or Matching

The Federal cost share of ATP grants is 80 percent for large and
medium hub

[[Page 58899]]

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: <a href="http://www.faa.gov/bil/airport-terminals">www.faa.gov/bil/airport-terminals</a>.
Direct all inquiries regarding applications to the appropriate
Regional Office (RO) or Airports District Office (ADO). RO/ADO contact
information is available at: <a href="https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices">https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices</a>. Or to the BIL Team
at: <a href="/cdn-cgi/l/email-protection#7b42563a292b563932373a12090b14090f083b1d1a1a551c140d">[email&#160;protected]</a>.

2. Content and Form of Application Submission

Applicants are required to submit information contained in FAA Form
5100-144, Bipartisan Infrastructure Law, Airport Terminal and Tower
Project Information. When completing this form applicants should
provide the information required in Section E.1. Criteria of this NOFO,
as applicable to the project. Application instructions and the form can
be found at: <a href="http://www.faa.gov/bil/airport-terminals">www.faa.gov/bil/airport-terminals</a>.
All applications must be submitted electronically following the
instruction on the form. Once the form is complete, save a copy of the
form electronically to your files for future reference. Next, scroll to
the bottom of the form and press the ``submit'' button. This will
generate an email for you to send to the FAA BIL Team for review and
evaluation. If the submit button did not automatically generate an
email, you can also manually email your saved open field form to: <a href="/cdn-cgi/l/email-protection#744d5935262459363d38351d06041b060007341215155a131b02">[email&#160;protected]</a>.
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 noted above.

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 the SAM website (currently at <a href="http://www.sam.gov">http://www.sam.gov</a>). 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) <a href="http://www.fapiis.gov">www.fapiis.gov</a>) 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 2023 ATP discretionary
funding should 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 24, 2022. Submit applications electronically to <a href="/cdn-cgi/l/email-protection#5d64701c0f0d701f14111c342f2d322f292e1d3b3c3c733a322b">[email&#160;protected]</a> per instructions in this NOFO.

5. Funding Restrictions

All projects funded from the ATP must be airport terminal
development, defined under Section 3 Project Eligibility.
ATP funds may not be used to support or oppose union organizing.

6. Other Submission Requirements

Once Form 5100-144 is complete, save a copy of the form
electronically to your files for future reference. Next, scroll to the
bottom of the form and choose the ``Submit'' button. That creates a new
email message with the PDF attached. Or, as a backup method, you can
manually email the form to: <a href="/cdn-cgi/l/email-protection#3b02167a696b167972777a52494b54494f487b5d5a5a155c544d">[email&#160;protected]</a>.
Using Digital Signatures: Form 5100-144 allows digital signatures.
To access the digital signature field, save this form to your computer
and then reopen it with a PDF reader or editor. The signature field
often does not display when Form 5100-144 is viewed within a web
browser.

E. Application Review Information

1. Criteria

Applications for FY 2023 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.

[[Page 58900]]

ii. 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 July 2023.
iii. Favorable consideration will be given to eligible and
justified terminal development (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), as well as how it 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 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, 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 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 <a href="https://adip.faa.gov/agis/public/#/disadvantagedCommunities">https://adip.faa.gov/agis/public/#/disadvantagedCommunities</a>.
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 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 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 U.S.
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. 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

[[Page 58901]]

benefit standards; the use of Local Hire Provisions; \1\ registered
apprenticeships; 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 and placement 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. FAA will consider this
information in evaluating the application.
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\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.
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2. Review and Selection Process

Applications will be evaluated on the above criteria in E.1 to
ensure responsiveness to this NOFO and the intent of the ATP.
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. 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: 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.''

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.

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. 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)].
ii. 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 No: 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), it is the policy of the executive
branch to maximize, consistent with law, the use of goods, products,
and materials produced in, and services offered in, the United States.
This program includes infrastructure expenditures subject to the Build
America, Buy America Act (Pub. L. No 117-58, div. G Sec. Sec. 70901-
70927). 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: Recipients of Federal transportation
funding will be required to comply fully with Title VI of the Civil
Rights Act of 1964 and implementing regulations, the Americans with
Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and
all other civil rights requirements. The DOT's and the FAA's Office of
Civil Rights will be providing resources and technical assistance to
ensure full and sustainable compliance with Federal civil rights
requirements.
Critical Infrastructure Security and Resilience: It is the policy
of the United States to strengthen the security and resilience of its
critical infrastructure against both physical and cyber threats. 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.

[[Page 58902]]

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, 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.
Performance and Program Evaluation: As a condition of grant award,
grant recipients may be required to participate in an evaluation
undertaken by 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 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.
iii. 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: <a href="https://www.faa.gov/airports/aip/grant_assurances">https://www.faa.gov/airports/aip/grant_assurances</a>.

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 <a href="https://www.faa.gov/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf">https://www.faa.gov/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf</a>.
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 Government wide Debarment and Suspension.

G. Federal Awarding Agency Contact(s)

For further information concerning this notice, please contact the
FAA BIL Implementation Team via email at <a href="/cdn-cgi/l/email-protection#3d04107c6f6d107f74717c544f4d524f494e7d5b5c5c135a524b">[email&#160;protected]</a>. In
addition, FAA will post answers to frequently asked questions and
requests for clarifications on FAA's website at <a href="http://www.faa.gov/bil/airport-terminals">www.faa.gov/bil/airport-terminals</a>. To ensure applicants receive accurate information
about eligibility of the program, the applicant is encouraged to
contact 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 22, 2022.
Robin K. Hunt,
Manager, FAA Office of Airports BIL Implementation Team.
[FR Doc. 2022-20935 Filed 9-27-22; 8:45 am]
BILLING CODE 4910-13-P

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.