Notice2022-28285
FY 2022 Competitive Funding Opportunity: Airport Improvement Program Supplemental Discretionary Grants
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 29, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The Federal Aviation Administration (FAA) announces the opportunity to apply for approximately $268,728,965 in fiscal year (FY) 2022 competitive supplemental discretionary grants. The purpose of the supplemental discretionary grant program is to make grants to eligible airports for airport construction projects, associated airport capital planning, noise planning and noise mitigation projects, and energy and environmental sustainability projects. FAA will implement the FY 2022 supplemental discretionary grant program consistent with Airport Improvement Program (AIP) sponsor and project eligibility and will consider project applications that align with the priorities, limitations, and requirements described in this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
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[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80248-80254]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28285]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket #FAA-2022-1797]
FY 2022 Competitive Funding Opportunity: Airport Improvement
Program Supplemental Discretionary Grants
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation.
ACTION: Notice of funding opportunity.
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SUMMARY: The Federal Aviation Administration (FAA) announces the
opportunity to apply for approximately $268,728,965 in fiscal year (FY)
2022 competitive supplemental discretionary grants. The purpose of the
supplemental discretionary grant program is to make grants to eligible
airports for airport construction projects, associated airport capital
planning, noise planning and noise mitigation projects, and energy and
environmental sustainability projects. FAA will implement the FY 2022
supplemental discretionary grant program consistent with Airport
Improvement Program (AIP) sponsor and project eligibility and will
consider project applications that align with the priorities,
limitations, and requirements described in this notice.
DATES: Airport sponsors that wish to be considered for FY 2022
supplemental discretionary funding should submit an application that
meets the requirements of this Notice of Funding Opportunity (NOFO) as
soon as possible, but no later than 5 p.m. eastern time on Tuesday,
January 31, 2023. Submit applications to the specified FAA Supplemental
2022 NOFO mailbox per instructions in section D below. Additional
project information may be required after the original application
submission date. FAA may contact the grant applicant for any additional
information required for an initial project evaluation based on the
application submission.
FOR FURTHER INFORMATION CONTACT: David F. Cushing, Manager, Airports
Financial Assistance Division, APP-500, at (202) 267-8827.
SUPPLEMENTARY INFORMATION:
A. Program Description
This competitive supplemental discretionary grant program falls
under the project grant authority for the Airport Improvement Program
(AIP) in 49 United States Code (U.S.C.) 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 of assisting
eligible airports in the development and improvement of a nationwide
system that adequately meets the needs of civil aeronautics.
Public Law 117-103, Consolidated Appropriations Act, 2022,
authorizes 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, U.S.C., in a total amount of supplemental
funding of $554,180,000, to remain available through September 30,
2024. Of this total made available, and as stipulated in Public Law
117-103 and the accompanying Joint Explanatory Statement (JES),
Congress sets aside up to $2,770,900 (0.5 percent) for administrative
expenses and up to $3,500,000 to reimburse losses related to Temporary
Flight Restrictions. After these initial set-asides, $547,909,100
remains available for discretionary grants.
Of the total made available, $279,180,135 is available for the
purposes, and in amounts, specified for Community Project Funding/
Congressionally Directed Spending as stipulated in Public Law 117-103
and the JES. This Congressionally Directed Spending identified specific
projects at specific airports and thus is not part of this NOFO.
As such, per the provisions of Public Law 117-103 and the JES
discussed above, funds remaining after those set-asides shall be
available to the Secretary of Transportation to distribute as
discretionary grants to airports, as authorized by subchapter 1 of
chapter 471 and subchapter 1 of chapter 475 of title 49, U.S.C.
Accordingly, at least $268,728,965 is available under this NOFO.
Notably, the JES directs FAA to adhere to 49 U.S.C. 47115(j)(3)(B),
requiring FAA to make available not less than 50 percent of the funds
for grants at nonhub, small hub, reliever, and nonprimary airports.
Furthermore, the JES directs the FAA to prioritize the remaining 50
percent of funds for grants at medium hub and large hub airports. This
50 percent applies to the amount of Supplemental Funding available for
grants of $547,909,100, including Community Project Funding/
Congressionally Directed Spending, which is not the subject of this
NOFO. This results in no less than approximately $20,000,000 available
for supplemental discretionary grants to nonhub, small hub, reliever,
and nonprimary airports. FAA intends to award no more than $70,000,000
to comply with the JES.
At least $25,000,000 will be made available for the Voluntary
Airport Low Emissions Program (VALE) and the Zero-Emission Vehicle and
Infrastructure Program (ZEV), pursuant to the JES. The JES also directs
FAA to ensure that funds are made available to reduce the impact of
noise on local communities, including funding grants for noise planning
and noise mitigation.
Eligible project categories are described in detail in the section
C. Eligibility, sub-section 3. Project Eligibility.
Consistent with statutory criteria and E.O. 14008, ``Tackling the
Climate Crisis at Home and Abroad'' (86 FR 7619), FAA seeks to fund
projects that align
[[Page 80249]]
with the President's greenhouse gas reduction goals, promote energy
efficiency, support fiscally responsible land use and efficient
transportation 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 wherever possible, and reduce
pollution. This focus extends beyond the $25,000,000 set aside for VALE
and ZEV project grants. This funding supports FAA's Climate Challenge,
as described herein and at this link: <a href="https://qa-www.faa.gov/sites/faa.gov/files/airports/environmental/zero_emissions_vehicles/airports-climate-challenge-presentation-April2022.pdf">https://qa-www.faa.gov/sites/faa.gov/files/airports/environmental/zero_emissions_vehicles/airports-climate-challenge-presentation-April2022.pdf</a>.
In addition, in support of E.O. 13985, ``Advancing Racial Equity
and Support for Underserved Communities Through the Federal
Government'' (86 FR 7009), FAA seeks to fund projects that address the
challenges faced by individuals in underserved communities and to
pursue emission reductions that fight climate change and improve air
quality in over-burdened communities. This includes, pursuant to the
JES, funding noise projects, including noise planning and noise
mitigation in neighborhoods impacted by aircraft noise near airports.
To the extent that projects impact terminal and land-side elements, FAA
seeks to fund projects that accommodate persons with disabilities
accessing aviation services or airport employment.
Section E provides more information on the specific measures a
project may undertake to support these goals.
All projects must comply with Federal civil rights requirements.
See section F.2 of this NOFO for program requirements.
B. Federal Award Information
This NOFO announces approximately $268,728,965, subject to the
availability of funds, for supplemental discretionary grants. From FY
2018 through FY 2021, over 550 supplemental discretionary grants were
awarded, totaling approximately $2.3 billion. The discretionary grants
ranged in amount from $160,397 to $29,115,000. The average AIP
supplemental discretionary grant was approximately $5,200,000. The
amount available under this NOFO is significantly less than prior
years' competitive appropriation. Those supplemental discretionary
appropriations ranged from $400 million to $1 billion.
Under 49 U.S.C. 47115(j)(3)(B), not less than 50 percent of the
funds made available shall be for grants at nonhub, small hub,
reliever, and nonprimary airports. Furthermore, the JES directs the FAA
to prioritize the remaining 50 percent of funds for grants at medium
hub and large hub airports. This 50 percent applies to the amount of
Supplemental Funding available for grants of $547,909,100, including
Community Project Funding/Congressionally Directed Spending, which are
not the subject of this NOFO. This results in a range of available
funding of approximately $20,000,000 to $70,000,000 available for
supplemental discretionary grants to nonhub, small hub, reliever, and
nonprimary airports.
In addition, the JES directs at least $25,000,000 be made available
for Voluntary Airport Low Emissions (VALE) projects and Zero-Emissions
Vehicles (ZEV) projects. These funds do not affect the funding
available as part of annual AIP funding outside of this NOFO. The JES
also directs FAA to ensure that AIP funds are made available to reduce
the impact of noise on local communities.
The 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, energy planning and
noise compatibility planning as described in section C.3 of this NOFO.
Selected projects should be ready to go to grant according to AIP
requirements, including such things as National Environmental Policy
Act (NEPA) clearance, Federal civil rights compliance, construction
bids or negotiated fees, by May 15, 2024, but may go to grant at any
time post-award.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants are those airport sponsors normally eligible
for AIP discretionary grants as defined in 49 U.S.C. 47115, which
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, and the Republic of Palau.
2. Cost Sharing or 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.
3. Project Eligibility
Projects should be ready to begin by/on June 30, 2024. Supplemental
discretionary funds are awarded in accordance with 49 U.S.C. 47115(j).
Eligible projects include, but are not limited to:
a. Improvements related to enhancing airport safety, capacity,
security, environmental sustainability, planning, or any combination of
the above, including terminal development;
b. Planning for the feasibility of and options for unleaded
aviation fuel infrastructure;
c. Airport projects associated with pavement rehabilitation,
reconstruction, and extension of the pavement's useful life;
d. Noise planning and noise mitigation;
e. Projects to plan for, relocate, and/or construct run-up
locations to reduce community exposure to emissions from leaded
aviation fuel usage;
f. Other emission reduction projects.
In further support of FAA's Climate Challenge, supplemental
discretionary funds are available for certain low-emission fuel system
or air quality improvement projects such as Voluntary Airport Low
Emissions (VALE) projects and Zero-Emissions Vehicles (ZEV) projects,
as well as energy efficiency, energy resiliency and sustainability
projects.
VALE is a competitive program that provides grant funding to
commercial airports implementing clean technology projects that improve
air quality in non-attainment and maintenance areas. See <a href="https://www.faa.gov/airports/environmental/vale/">https://www.faa.gov/airports/environmental/vale/</a>. ZEV is a competitive program
that provides grant funding to acquire zero-emissions vehicles and
associated infrastructure for any airport in the National Plan of
Integrated Airport Systems (NPIAS). See <a href="https://www.faa.gov/airports/environmental/zero_emissions_vehicles/">https://www.faa.gov/airports/environmental/zero_emissions_vehicles/</a> vehicles/.
Applicants should 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 under FY 2022 AIP.
Examples of eligible energy and sustainability project categories
that support FAA's Climate Challenge are:
a. Airport Sustainability Planning Program--provides grant funding
for eligible airports to develop comprehensive sustainability plans.
[[Page 80250]]
Based on the authority of 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 can address
climate resiliency. Additional information is available at <a href="https://www.faa.gov/airports/environmental/sustainability/">https://www.faa.gov/airports/environmental/sustainability/</a>.
b. Energy Efficiency of Airport Power Sources Program--provides
grant funding for energy assessments/audits and implementation of
energy reduction measures to reduce energy consumption across airport
operations. Eligibility is based on Energy Efficiency of Airport Power
Sources projects eligibility per 49 U.S.C. 47140(a)(b), and details are
contained in the AIP Handbook section 7, which is available at <a href="https://www.faa.gov/airports/aip/aip_handbook/media/AIP-Handbook-Order-5100-38D-Chg1.pdf">https://www.faa.gov/airports/aip/aip_handbook/media/AIP-Handbook-Order-5100-38D-Chg1.pdf</a>.
c. Energy Supply, Redundancy and Microgrids Program--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 <a href="https://www.faa.gov/airports/environmental/">https://www.faa.gov/airports/environmental/</a>.
Also, pursuant to the JES, noise planning and noise mitigation
projects have priority. More information on noise planning and noise
mitigation projects, and their eligibility criteria, can be found at
<a href="https://www.faa.gov/airports/environmental/airport_noise/">https://www.faa.gov/airports/environmental/airport_noise/</a> and in
appendix R of the AIP Handbook, which is available at <a href="https://www.faa.gov/airports/aip/aip_handbook/media/AIP-Handbook-Order-5100-38D-Chg1.pdf">https://www.faa.gov/airports/aip/aip_handbook/media/AIP-Handbook-Order-5100-38D-Chg1.pdf</a>.
Additional funding considerations specific to supplemental
discretionary funds are described in section B, Federal Award
Information, of this NOFO.
D. Application and Submission Information
1. Address To Request Application Package.
Application forms are available at <a href="https://www.faa.gov/airports/aip/aip_supplemental_appropriation">https://www.faa.gov/airports/aip/aip_supplemental_appropriation</a>. All applications must include the
``Type of Project'' identifier indicated in section D.2 in Box 2:
``Other'' of the applications form.
Direct all administrative 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>. For
specific technical questions about environmental programs, please see
section G for contact information.
2. Content and Form of Application Submission
For content and application information, reference Standard
Operating Procedure for FAA Review and Approval of an Airport
Improvement Program (AIP) Grant Application, which is available at
<a href="https://www.faa.gov/sites/faa.gov/files/airports/resources/sops/arp-sop-600-grant-application.pdf">https://www.faa.gov/sites/faa.gov/files/airports/resources/sops/arp-sop-600-grant-application.pdf</a>.
All applications must be submitted electronically following
instructions to the following mailbox: <a href="/cdn-cgi/l/email-protection#7f46523e2d2f523e362f2c0a0f0f3f391e1e51181009"><span class="__cf_email__" data-cfemail="764f5b3724265b373f26250306063630171758111900">[email protected]</span></a>.
All applications must include the following information:
a. Identify the type of project to which the grants applications
refers (select only one group):
[cir] Group N: airport noise planning and noise mitigation projects
[cir] Group E: environmental projects that reduce emissions or increase
energy efficiency or reliability as described in section C.3,
Eligibility
[cir] Group VZ: VALE/ZEV projects; or
[cir] Group I: airport development or terminal development projects,
including planning for such development.
b. Where applicable, competitive applications for such projects
should include specific provisions incorporating sustainable, less
emissions-intensive pavement and construction materials as allowable
and should describe construction practices that reduce pollution.
c. The grant applications 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.
d. Airports covered under FAA's State Block Grant Program should
coordinate with their associated state agencies and submit project
applications via the procedures noted herein to the specified mailbox.
e. All project applications to the VALE and ZEV programs should
have the Group VZ designation. Applications for all VALE and ZEV
projects must address the requirements listed on their respective web
pages. Refer to the link listed below for the respective programs:
[cir] VALE: https://www.faa.gov/airports/environmental/vale
[cir] ZEV: https://www.faa.gov/airports/environmental/
zero_emissions_vehicles
In addition, the following information must be included for the
specific group.
For Group N applications:
a. Describe how noise compatibility planning and/or mitigation has
or will meaningfully engage communities affected by aviation noise
emissions, with effective public participation that is accessible to
all persons regardless of race, creed, color, national origin,
disability, age, or sex.
b. Describe any public involvement plan or targeted outreach,
demonstrating engagement of diverse input such as community-based
organizations during project planning and consideration of such input
in the decision-making
c. With regard to noise projects, including noise planning and
noise mitigation, how the project aligns with E.O. 13985, ``Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government'' (86 FR 7009).
For Group E or Group VZ applications:
a. Identification of the specific program under which the project
fits (i.e., VALE; ZEV; Airport Sustainability, Energy Efficiency of
Airport Power Sources; or Energy Supply, Redundancy and Microgrids);
b. A description of the project and the benefits the project will
provide;
c. Cost estimate;
d. Total Project Cost per tons of emissions reductions, as
applicable;
e. Estimated reduction of greenhouse gas that the project (other
than proposals for plans and audits only) will produce, relative to a
no-action baseline, including average annual amount and estimated
amount over the project lifetime, and a description of the methodology
and tool used to calculate the estimated greenhouse gas reduction;
f. Other environmental sustainability benefits with regard to
energy resiliency, efficiency, or reliability, such as through
incorporation of specific design elements that address resiliency to
climate change impacts; and
g. Description of the degree to which the project addresses the
disproportionate negative environmental impacts of transportation on
disadvantaged communities, consistent with environmental justice and
civil rights authorities.
For Group I applications:
a. Describe how the project will incorporate considerations of
climate change and environmental justice in the planning stage and in
project delivery,
[[Page 80251]]
such as through incorporation of specific design elements that address
climate change impacts.
b. Describe the degree to which the project is expected to reduce
transportation-related pollution, such as air pollution and greenhouse
gas emissions relative to a no-action baseline, increase use of lower-
carbon travel modes such as active transportation, improve the
resiliency of at-risk infrastructure, incorporate lower-carbon pavement
and construction materials and techniques, or address the
disproportionate negative environmental impacts of transportation on
disadvantaged communities.
c. Explain to what extent the project will prevent stormwater
runoff that would be a detriment to aquatic species.
d. Describe whether the project will promote energy efficiencies,
support fiscally responsible land use and transportation efficient
design that reduces greenhouse gas emissions, improve public health,
increase resilience to hazards, and recycle or redevelop brownfield
sites, particularly in communities that disproportionally experience
climate-change-related consequences. Such project features support
FAA's Climate Challenge and adhere to the requirements of E.O. 14008,
``Tackling the Climate Crisis at Home and Abroad'' (86 FR 7619).
e. Describe how the project has or will meaningfully engage
communities affected by the project, with effective public
participation that is accessible to all persons regardless of race,
creed, color, national origin, disability, age, or sex, consistent with
Federal civil rights requirements, and describe how community feedback
will be taken into account in decision-making. Civil rights
considerations should be integrated into planning, development, and
implementation of transportation investments, including application of
the Disadvantaged Business Enterprise (DBE) Program.
f. Describe any public involvement plan or targeted outreach,
demonstrating engagement of diverse input such as community-based
organizations during project planning and consideration of such input
in the decision-making. (please see DOT's Promising Practices for
Meaningful Public Involvement in Transportation Decision-Making at
<a href="https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making">https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making</a>)
g. Describe planning and engagement in the project design phase to
mitigate and, to the greatest extent possible, prevent physical and
economic displacement. These efforts display adherence to E.O. 13985,
``Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government'' (86 FR 7009).
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 (UEI) provided by SAM. Additional information about
obtaining a 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
FAA. Under the supplemental discretionary grant program, the UEI and
SAM account must belong to the entity that has the legal authority to
apply for, receive, and execute supplemental discretionary grants.
Once awarded, the 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:/<a href="http://sam.gov/content/fapiis">sam.gov/content/fapiis</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 want to be considered for FY 2022 AIP competitive
supplemental discretionary funding should submit an application that
meets the requirements of this NOFO as soon as possible, but no later
than 5 p.m. eastern time on Tuesday, January 31, 2023. The grant
applications may be based on estimates. However, FAA may request
additional information, including bids or firm cost determinations,
State letters of emission reduction eligibility (VALE projects),
substantiation of greenhouse gas or emissions reductions, and other
associated requirements.
5. 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 non-
aeronautical development. Operational costs--such as salaries,
equipment, and supplies--are not eligible for AIP grants.
The AIP has funding restrictions by airport and/or project type,
including for all groups of projects discussed herein. Please see below
criteria and refer to AIP Handbook, chapters 3 and 4, for further
details on eligibility criteria and funding restrictions, which is
available at <a href="https://www.faa.gov/airports/aip/aip_handbook/">https://www.faa.gov/airports/aip/aip_handbook/</a>. The AIP
Handbook is the published policy for AIP. Except where options are
specifically noted or where non-mandatory language is used, the
procedures and requirements 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); a complete intergovernmental review;
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 AIP Handbook, section B, Federal Award Information, for
specific mandatory program set-asides. Also see section C for
eligibility details for project categories under this NOFO.
Environmental sustainability and energy projects associated with the
Climate Challenge may have additional funding restrictions, which are
described in the program website links in section C.
[[Page 80252]]
E. Application Review Information
1. Criteria
General:
All applications will be rated using the following criteria:
a. Projects are subject to the availability of funds
b. Projects must meet the eligibility requirements identified in
section C.3 of this NOFO
c. Projects must be ready to begin by/on June 30, 2024.
d. FAA will evaluate and administer these supplemental
discretionary applications consistent with the statutory criteria as
described in 49 U.S.C. 47115. Under 49 U.S.C. 47115(d), capacity
enhancement projects have additional considerations, including a
project's impact on national transportation system capacity, airport
capacity, and global air cargo activity.
e. Prerequisites for selection are: the capital improvement project
is included in the airport's approved layout plan (if applicable), an
environmental determination, and all necessary airspace studies.
Prerequisites must be met in order for grant funding to be released.
In addition, FAA seeks to support the creation of good-paying jobs
with the free and fair choice to join a union and the incorporation of
strong labor standards and workforce programs, in particular,
registered apprenticeships and labor management partnerships. Projects
that incorporate such planning considerations are expected to support a
strong economy and labor market. Projects that have not sufficiently
considered job creation and labor considerations in their planning, as
determined by FAA, will be required to do so to the full extent
possible under the law before receiving funds for construction.
Finally, FAA will consider the readiness of the project to be
completed within a four-year period of performance.
Group-specific criteria:
The following are criteria specific to each group:
Group N: Noise and noise planning projects may be ranked amongst
themselves under the following criteria:
a. The extent to which the noise compatibility program or
mitigation improves quality of life for residents within areas not
compatible with aviation noise. This includes the extent to which the
project engages diverse people and communities and meaningfully
integrates equity considerations and community input into noise
compatibility planning.
b. Demonstrated strong collaboration and support among a broad
range of stakeholders, including community-based organizations, other
public or private entities, and homeowners and resident associations.
c. With regard to noise projects, including noise planning and
noise mitigation, FAA seeks to fund noise projects in alignment with
E.O. 13985, ``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government'' (86 FR 7009).
Groups E or VZ: Energy and environmental sustainability projects,
as mentioned in section C.3 Project Eligibility, may be ranked amongst
themselves according to their standard National Priority Rating (NPR)
or primarily by emission reduction efficiency as stated by Congress for
ZEV projects (49 U.S.C. 47136).
In addition, FAA will consider the following criteria:
a. Cost per ton of emission reduction for criteria pollutants and
greenhouse gases, as applicable. Criteria pollutants are codified in
Clean Air Act standards at 40 CFR part 50 and are referred to as NAAQS,
National Primary and Secondary Ambient Air Quality Standards;
b. Cost to design, contract and implement the project;
c. Estimated reduction in energy use or estimated energy
production;
d. Estimated reduction in greenhouse gas emissions relative to a
no-action baseline, which should include average annual amount as well
as the estimated amount over a project lifetime;
e. Useful life of the improvements or infrastructure;
f. Benefits to communities beyond the airport; and
g. Resiliency and redundancy benefits that enhance operability or
increase the ability to utilize energy sources with less greenhouse gas
emissions.
Rating such projects in this manner will assist FAA to advance
project grant awards consistent with general AIP sponsor and project
eligibility, and with due consideration of project applications in
alignment with the priorities in E.O. 14008, ``Tackling the Climate
Crisis at Home and Abroad'' and in support of FAA's Climate Challenge.
In addition to the degree to which the project reduces emissions,
as described above, FAA will consider the extent to which the project
improves quality of life near the airport. FAA will consider the extent
to which the project benefits a historically disadvantaged community or
population, or areas of persistent poverty, as expressed in the
President's January 20, 2021, E.O. 13985, ``Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government.''
Group I: Among all other airport improvement projects, FAA will
apply the standard National Priority System (NPS) equation to calculate
the NPR, a quantitative measure used for ranking project importance for
discretionary grants.
FAA will also consider:
a. How the project incorporates climate change, environmental
justice, and equity in the planning stage and in project delivery, such
as through incorporation of specific design elements that address
climate change impacts.
b. The degree to which the project is expected to reduce
transportation-related pollution compared to a no-action baseline,
including reduction of greenhouse gas emissions; to increase use of
lower-carbon travel modes such as active transportation; to improve the
resiliency of at-risk infrastructure; to incorporate lower-carbon
pavement and construction materials and techniques; and to address the
disproportionate negative environmental impacts of transportation on
disadvantaged communities.
c. To what extent the project will prevent stormwater runoff.
d. To what extent the project will promote energy efficiencies,
support fiscally responsible land-use, employ efficient transportation
design that reduce greenhouse gas emissions, improve public health,
increase resilience to hazards, and recycle or redevelop brownfield
sites, particularly in communities that disproportionally experience
climate-change-related consequences.
Rating such projects in this manner will assist FAA to advance
project grant awards consistent with general AIP sponsor and project
eligibility, and with due consideration of project applications in
alignment with the priorities in E.O. 14008, ``Tackling the Climate
Crisis at Home and Abroad'' and in support of FAA's Climate Challenge.
This is described further in section E.2, Review and Selection
Process, of this NOFO.
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.
While FAA will consider the NPR in determining a project's
priority, FAA will also assess qualitative factors such as project
justification and priority
[[Page 80253]]
project identification. FAA will consider whether the project
justification includes Safety or Security, System Capacity,
Environment, and Access. Qualitative factors do not impact the NPR for
a given project but are taken into account in funding decisions.
In particular, FAA will prioritize projects that advance the goals
of E.O. 14008, ``Tackling the Climate Crisis at Home and Abroad.'' E.O.
14008 aims to put the United States on a path to achieve net-zero
emissions, economy-wide no later than 2050. E.O. 14008 promotes
sustainable infrastructure and emphasizes that Federal infrastructure
investment should reduce climate pollution, and that the effects of
greenhouse gas emissions and climate change should be considered. E.O.
14008 also addresses climate action plans, data and information to
improve adaptation and increase resilience. In FAA's Aviation Climate
Action Plan, chapter 5, one of the key actions is to develop a
resilience framework for airports through research and potential grant
funding (see: <a href="https://www.faa.gov/sites/faa.gov/files/2021-11/Aviation_Climate_Action_Plan.pdf">https://www.faa.gov/sites/faa.gov/files/2021-11/Aviation_Climate_Action_Plan.pdf</a>). The review and selection process
will take into consideration these E.O. 14008 goals that also support
FAA's Climate Challenge. FAA will also consider projects that advance
the goals of the following E.O.: the President's January 20, 2021, E.O.
13985, ``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government''; the President's May 20,
2021, E.O. 14030, ``Climate Related Financial Risk''; and the
President's July 9, 2021, E.O. 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
Supplemental discretionary grant awards are announced through a
Congressional notification process and the 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
a. 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.
b. 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 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, 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 in
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).
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), 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. 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 implement regulations, the Americans with
Disabilities Act, section 504 of the Rehabilitation Act of 1973, and
all other civil rights requirements. 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 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, 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 FAA.
[[Page 80254]]
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. FAA 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
FAA 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 FAA staff. Requested program records or information will
be consistent with record requirements outlined in 2 CFR 200.334-338
and the grant agreement.
c. 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 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 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 FAA issues a written determination otherwise.
As referenced under section F.2.b, 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 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
supplemental discretionary grant program, 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 Airport Improvement Program (AIP)
Grant Payment and Sponsor Financial Reporting Policy, which is
available at <a href="https://www.faa.gov/sites/faa.gov/files/airports/aip/grant_payments/aip-grant-payment-policy.pdf">https://www.faa.gov/sites/faa.gov/files/airports/aip/grant_payments/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 Governmentwide
Debarment and Suspension (Nonprocurement).
G. Federal Awarding Agency Contact(s)
For further information concerning this notice, please contact your
local Regional Office or District Office. Contact information is
available at <a href="https://www.faa.gov/airports/regions/">https://www.faa.gov/airports/regions/</a>.
For technical questions regarding specific energy and environmental
sustainability programs described in this NOFO, please contact:
a. VALE and ZEV--Michael Lamprecht, <a href="/cdn-cgi/l/email-protection#d7babeb4bfb6b2bbf9bbb6baa7a5b2b4bfa397b1b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="ef82868c878e8a83c1838e829f9d8a8c879baf898e8ec1888099">[email protected]</span></a> or 202-
267-6496;
b. Airport Sustainability Program--Alan Strasser,
<a href="/cdn-cgi/l/email-protection#0b6a676a6525787f796a78786e794b6d6a6a256c647d"><span class="__cf_email__" data-cfemail="c6a7aaa7a8e8b5b2b4a7b5b5a3b486a0a7a7e8a1a9b0">[email protected]</span></a> or 202-267-7630;
c. Energy Efficiency of Airport Power Supply; and Energy Supply,
Redundancy and Microgrids--Alan Strasser, <a href="/cdn-cgi/l/email-protection#254449444b0b5651574456564057654344440b424a53"><span class="__cf_email__" data-cfemail="4e2f222f20603d3a3c2f3d3d2b3c0e282f2f60292138">[email protected]</span></a> or 202-
267-7630.
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.
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 December 22, 2022.
Juan C Brown,
Acting Director, Office of Airport Planning and Programming.
[FR Doc. 2022-28285 Filed 12-28-22; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on December 29, 2022.
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.