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Notice2024-14707

Airport Terminal Program; FY 2025 Funding Opportunity

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Published

July 5, 2024

Issuing agencies

Transportation DepartmentFederal Aviation Administration

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[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55670-55676]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14707]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket # FAA-FAA-2024-0868]

Airport Terminal Program; FY 2025 Funding Opportunity

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of funding opportunity.

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Summary of Key Information: FY 2025 Airport Terminal Program (ATP)
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Issuing Agency............... Department of Transportation, Federal
Aviation Administration.
Program Overview............. ATP grants will be awarded on a
competitive basis, per statute, to
upgrade, modernize, and rebuild our
nation's airport terminals and airport-
owned Airport Traffic Control Towers
(ATCTs).
Objectives................... To address aging airport infrastructure;
bring airport facilities into conformity
with current standards; construct,
modify, or expand facilities as
necessary to meet demonstrated
aeronautical demand; enhancing
environmental sustainability;
encouraging actual and potential
competition; and providing a balanced
system of airports to support civil
aeronautical demand.
Eligible Projects............ Eligible projects:
<bullet> Airport passenger terminals,
including access roads servicing
exclusive airport traffic, and walkways
that lead directly to or from an airport
passenger terminal building;
<bullet> On-airport rail access projects;
and
<bullet> Airport-owned Airport Traffic
Control Towers (ATCT).
Deadlines.................... FY 2025 ATP deadline: No later than 5:00
pm Eastern time, July 31, 2024.
Funding...................... The Infrastructure Investment and Jobs
Act (Pub. L. 117-58), November 15, 2021,
``Bipartisan Infrastructure Law,'' or
BIL) provides $1 billion annually for FY
2022-2026.
Eligible Applicants.......... Eligible applicants are those airport
sponsors normally eligible for Airport
Improvement Program (AIP) discretionary
grants as defined in 49 U.S.C. 47115.
This includes a public agency, private
entity, State agency, Indian Tribe or
Pueblo owning a public-use NPIAS
airport, the Secretary of the Interior
for Midway Island airport, the Republic
of the Marshall Islands, the Federated
States of Micronesia, and the Republic
of Palau.
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The Department of Transportation (DOT), Federal Aviation
Administration (FAA) announces the opportunity to apply for
approximately $1 billion in FY 2025 discretionary funds for the Airport
Terminal Program (ATP), made available under the Infrastructure
Investment and Jobs Act of 2021 (IIJA), Pub. L. 117-58, herein referred
to as the Bipartisan Infrastructure Law (BIL). The purpose of the ATP
is to make annual grants available to eligible airports for airport
terminal and airport-owned Airport Traffic Control Tower development
projects that address the aging infrastructure of our nation's
airports.
In addition, ATP grants will align with DOT's Strategic Framework
FY2022-2026 at <a href="https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework">https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework</a>. The FY 2025 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 2025 ATP
discretionary funding should submit an application that meets the
requirements of this Notice of Funding Opportunity (NOFO) as soon as
possible, but no later than 5:00 p.m. Eastern time, July 31, 2024.

[[Page 55671]]

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: Jesse Carriger, Manager, BIL Branch
APP-540, FAA Office of Airports, at (202) 267-3263 or our FAA BIL email
address: <a href="/cdn-cgi/l/email-protection#0e37234f5c5e234c47424f677c7e617c7a7d4e686f6f20696178">[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. The FAA is committed to advancing safe, efficient
transportation, including projects funded under the ATP. The ATP also
supports the President's goals to mobilize American ingenuity to build
modern infrastructure and an equitable, clean energy future. In support
of the goals of Executive Order 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government (86
FR 7009) and Executive Order 14096, Revitalizing Our Nation's
Commitment to Environmental Justice for All, the FAA encourages
applicants to consider how the project will address the challenges
faced by individuals in underserved communities and rural areas,
communities with environmental justice concerns, 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.) 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 2025 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 2025 ATP. The ATP is a $5 billion grant
program, distributed as approximately $1 billion annually for five
years (Fiscal Years 2022, 2023, 2024, 2025, and 2026), subject to
annual allocations limitations based on airport roles found in the
published National Plan of Integrated Airport Systems (NPIAS), as
updated with current year data. In general, the $5 billion in ATP grant
funding is subject to the following annual award allocation
limitations: not more than 55 percent shall be for large hub airports,
not more than 15 percent shall be for medium hub airports, not more
than 20 percent shall be for small hub airports, and not less than 10
percent shall be for nonhub and nonprimary airports.
The FAA will consider projects that increase capacity and passenger
access; projects that replace aging infrastructure; projects that
achieve compliance with the Americans with Disabilities Act (42 U.S.C.
12101, et seq.) and expand accessibility for persons with disabilities;
projects that improve airport access for historically disadvantaged
populations; projects that improve energy efficiency, including
upgrading environmental systems, upgrading plant facilities, and
achieving Leadership in Energy and Environmental Design (LEED)
accreditation standards; projects that improve airfield safety through
terminal relocation; and projects that encourage actual and potential
competition. This includes applicable Executive Orders as listed in
section E.2. Additionally, the FAA will provide preference to projects
that achieve a complete development objective even if awards for the
project must be phased, and priority to projects that have received
partial awards.
Projects for relocating, reconstructing, repairing, or improving an
airport-owned ATCT will also be considered. In addition to the
considerations above, these projects will also be assessed based on
overall impact on the National Airspace System, including age of
facility, operational constraints, and nonstandard facilities.
The FAA will publish a NOFO that will announce its final round of
funding made available, approximately $1 billion, in Fiscal Year 2026.

C. Eligibility Information

1. Eligible Applicants

Eligible applicants are those airport sponsors normally eligible
for Airport Improvement Program (AIP) discretionary grants as defined
in 49 U.S.C. 47115. This includes a public agency, private entity,
State agency, Indian Tribe or Pueblo owning a public-use NPIAS airport,
the Secretary of the Interior for Midway Island airport, the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau.

2. Cost Sharing or Matching

The Federal cost share of ATP grants is 80 percent for large and
medium hub airports, and 95 percent for the remainder of airports
eligible to receive ATP grants, which includes small hub, nonhub, and
nonprimary airports.

3. Project Eligibility

All projects funded from the ATP must be:
i. Airport terminal development, defined in 49 U.S.C. 47102(28) as
development of an airport passenger terminal building, including
terminal gates; access roads servicing exclusively airport traffic that
leads directly to or from an airport passenger terminal building; and
walkways that lead directly to or from an airport passenger terminal
building. Under the ATP, the

[[Page 55672]]

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), Airports District Office (ADO) 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 State Agency for Airports covered under the FAA
State Block Grant Program (SBGP), or contact the FAA BIL Team at <a href="/cdn-cgi/l/email-protection#5f66721e0d0f721d16131e362d2f302d2b2c1f393e3e71383029">[email&#160;protected]</a>.

2. Content and Form of Application Submission

Applicants are required to submit FAA Form 5100-144, Bipartisan
Infrastructure Law, Airport Terminal and Tower Project Information. The
applicant should submit Form 5100-144 as a fillable digitally signed
PDF document via email. If the applicant cannot provide a digital
signature, the application may be submitted as two documents: (1) the
completed fillable PDF without a signature and (2) a scanned version of
the completed application with a written signature. Applicants should
follow the instructions and provide a response to applicable items on
the form.
The ``Submit by Email'' button at the bottom of the form will
generate an email for the applicant to send to the FAA BIL Team at: <a href="/cdn-cgi/l/email-protection#fbc2d6baa9abd6b9b2b7ba92898b94898f88bb9d9a9ad59c948d">[email&#160;protected]</a>. If the ``Submit by Email'' button does not
generate an email the applicant can save the fillable PDF by selecting
``File>Save As'' to save as a fillable PDF. Once saved, the applicant
can email the application to the FAA BIL Team at <a href="/cdn-cgi/l/email-protection#2e17036f7c7e036c67626f475c5e415c5a5d6e484f4f00494158">[email&#160;protected]</a>. The fillable PDF application must contain either a
digital signature or the applicant's written signature in accordance
with the procedures described above.
Applicants selected to receive an ATP grant will then be required
to follow AIP grant application procedures prior to award, which
include meeting all prerequisites for funding, and submission of
Standard Form SF-424, Application for Federal Assistance, and FAA Form
5100-100, Application for Development Projects.
Airports covered under the FAA's State Block Grant Program or
airports in a channeling act state should coordinate with their
associated State agency on the process for who should submit an
application, via the procedures listed above.
Applicants must address Administration and Departmental priorities
in safety, climate change and sustainability, equity, and workforce
development which are further defined in section E.1 Criteria.
Grant Funds, Sources and Uses of Project Funds: The FAA requests
that each project application have a financial plan (or project budget)
available for review upon request. Project budgets should show how
different funding sources will share in each activity and present those
data in dollars and percentages. The budget should identify other
Federal funds the applicant is applying for or has been awarded, if
any, that the applicant intends to use. Funding sources should be
grouped into three categories: non-Federal, ATP, and other Federal with
specific amounts from each funding source.
Sharing of Application Information: The FAA may share application
information within the Department or with other Federal agencies if the
FAA determines that sharing is relevant to the respective program's
objectives.

3. Unique Entity Identifier and System for Award Management (SAM)

Applicants must comply with 2 CFR part 25--Universal Identifier and
System for Award Management. All applicants must have a unique entity
identifier provided by SAM. Additional information about obtaining a
Unique Entity Identifier (UEI) and registration procedures may be found
at <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 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 2025 ATP discretionary
funding must submit an application that meets the requirements of this
NOFO as soon as possible, but no later than 5:00 p.m. Eastern time on
July 31, 2024. Submit applications electronically to <a href="/cdn-cgi/l/email-protection#dee7f39f8c8ef39c97929fb7acaeb1acaaad9eb8bfbff0b9b1a8">[email&#160;protected]</a> per instructions on <a href="http://www.faa.gov/bil/airport-terminals">www.faa.gov/bil/airport-terminals</a> and in this NOFO.

5. Intergovernmental Review

Not applicable.

6. Funding Restrictions

All projects funded from the ATP must be airport terminal
development or for relocation, reconstruction, repair, or improvement
of an airport-owned Airport Traffic Control Tower, defined under
section C-3 Project Eligibility. ATP funds may not be used to support
or oppose union organizing.
Pre-Award Authority: All project costs must be incurred after the
grant execution date unless specifically permitted under 49 U.S.C.
47110(c) and 49 U.S.C. 47142. 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) or 49 U.S.C. 47142 are met [see Table 3-60 of the AIP
Handbook, FAA Order 5100.38 D Change 1, for a specific list of the

[[Page 55673]]

guidance regarding when project costs can be incurred in relation to
section 47110(c)].

7. Other Submission Requirements

Applications will only be accepted on FAA Form 5100-144 fillable
PDF via email and must be received on or before July 31, 2024, 5:00
p.m. Eastern time. No other forms of applications will be accepted.

E. Application Review Information

1. Criteria

Applications for FY 2025 ATP will be rated using the following
criteria:
i. Projects must meet eligibility requirements under the ATP, which
includes terminal development (including multimodal terminal
development) as defined in 49 U.S.C. 47102(28): on-airport rail access
projects: or airport-owned ATCT relocation, reconstruction, repair, or
improvements.
ii. The FAA will consider timeliness of implementation, with
priority given to those projects, including ``design only'' projects,
that can satisfy all statutory and administrative requirements for
grant award by July 2025.
iii. Favorable consideration will be given to eligible and
justified (based on civil aeronautical demand) terminal development
projects (including multimodal terminal development), on-airport rail
access projects, and ATCT projects that:
a. Increase capacity and passenger access: The applicant should
describe the extent to which the project contributes to the functioning
and growth of the economy, including the extent to which the project
addresses congestion or service gaps in rural areas. The applicant
should demonstrate how the proposed project increases capacity and
provides ongoing market access to the airport by competing carriers as
economic and competitive conditions change (such as by constructing
common use gates or updating gates and other areas with common use
equipment). The applicant should also demonstrate how the proposed
project increases capacity and market access or relieves congestion
based on current and/or forecast needs.
b. Replace aging infrastructure: Applicants should describe how the
project addresses replacing or upgrading facilities that have reached
the end of their useful life. This includes information on the current
age and condition of the asset that will be affected by the project and
how the proposed project will improve asset condition. The applicant
should describe how the facility no longer meets the current or
forecasted operational needs of the airport. This includes the
renovation, expansion, or replacement of a facility that is too small
or cannot efficiently meet current or future demand. This also includes
projects aimed at terminal modernization or upgrades to meet the
changing user or community expectations. This can be met by including
multimodal terminal development, climate resiliency, sustainability
initiatives and practices incorporated therein, and the incorporation
of common-use equipment and practices, all with the goal of providing a
terminal that focuses on the most efficient movement of passengers and
baggage possible. This also includes projects that address changing
environmental conditions and improve resilience to climate change, and
that will be constructed consistent with the Federal Flood Risk
Management Standard, per the President's January 30, 2015, Executive
Order 13690, ``Establishing a Federal Flood Risk Management Standard
and a Process for Further Soliciting and Considering Stakeholder
Input'' to the extent consistent with current law.
c. Achieve compliance with the Americans with Disabilities Act
(ADA), including expand accessibility for persons with disabilities:
Applicants should describe how the project increases mobility, expands
access, and improves connectivity for people with disabilities both
inside and outside the terminal or ATCT. The information 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 disadvantaged
communities and underserved populations. The information should
demonstrate how the proposed project provides a significant local and
regional impact and benefits disadvantaged communities. The applicant
should include a description of public engagement on a local and
regional level that has occurred, demonstrates proactive inclusivity of
disadvantaged communities and access for underserved populations, 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 Disadvantaged Communities, available at
<a href="https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5">https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5</a>.
Improve energy efficiency, including upgrading environmental
systems, upgrading plant facilities, and achieving Leadership in Energy
and Environmental Design (LEED) accreditation standards: Applicants
should estimate and commit to tracking the carbon dioxide reduction
anticipated from potential projects by providing information that
demonstrates how the project will reduce air pollution and greenhouse
gas emissions from a reduction in energy consumption through energy-
efficient design. This includes how the project may facilitate the
airport in achieving LEED or similar accreditation standards through
reliance on alternative energy, water use reduction, sustainable site
selection and development, responsible materials selection and waste
management, incorporating lower-carbon pavement and construction
materials, enhanced indoor environmental quality, use of terminal
facility for renewable energy production, or other sustainability
efforts (e.g., vehicle charging stations attached to the terminal) that
further reduce long-term impact on the climate. A proposed project,
including utility support facilities, should be part of an overall plan
that sets targets to lower carbon emissions, working toward a carbon-
neutral airport by 2050.
e. 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.
f. Encourage actual and potential competition: The applicant should
describe the extent to which the project promotes competition in air
service by providing greater ability to accommodate new entrants;
increasing the ability of competing air carriers to access constrained
facilities on an ongoing basis; and facilitating the efficient and
reliable movement of passengers and cargo. The applicant should
describe the extent to which the project leads to common use gates and
software (e.g., common use software updates, construction of common use
gates versus preferential use by a specific carriers). The applicant
may also wish to describe how the project will offer regional and
national impacts by improving the economic strength of regions and
cities; increase opportunities for tourism; result in long-

[[Page 55674]]

term job creation by supporting good-paying jobs with the free and fair
choice to join a union directly related to the project; and help the
United States compete in a global economy by encouraging the location
of important industries and future innovations and technology in the
United States.
iv. ATCT projects that relocate, reconstruct, repair, or improve an
airport owned ATCT will also be assessed based on overall impact on the
National Airspace System, including age of facility, operational
constraints, and nonstandard facility conditions.
v. The FAA will provide a preference to projects that achieve a
complete development objective, even if awards for the project must be
phased; and prioritize projects that have received partial awards.
vi. The applicant should describe whether and how project delivery
and implementation create good-paying jobs with the free and fair
choice to join a union to the greatest extent possible; the use of
demonstrated strong labor standards, practices and policies (including
for direct employees, contractors, sub-contractors, and service workers
on airport property); use of project labor agreements; distribution of
workplace rights notices; union neutrality agreements; wage and/or
benefit standards; safety and health standards; the use of Local Hire
Provisions; \1\ registered apprenticeships; joint-labor management
partnerships; or other similar standards or practices. The applicant
should describe how planned methods of project delivery and
implementation (for example, use of Project Labor Agreements and/or
Local Hire Provisions,\2\ training, placement, and the provision of
supportive services for underrepresented workers) provide opportunities
for all workers, including workers underrepresented in construction
jobs to be trained and placed in good-paying jobs directly related to
the project. The FAA will consider this information in considering 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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Applicants are encouraged to submit projects that meet as many of
the above criteria as possible, but do not need to meet all criteria to
be considered.

2. Review and Selection Process

Federal awarding agency personnel will assess applications based on
how well the projects meet the criteria in E.1, including project
eligibility, justification, readiness, impact on the National Airspace
System, and the availability of matching funds. The FAA will also
consider how well projects advance the goals of the following Executive
Orders, which are incorporated into the criteria under E.1.: the
President's January 20, 2021, Executive Order 13990, ``Protecting
Public Health and the Environment and Restoring Science to Tackle the
Climate Crisis''; the President's January 20, 2021, Executive Order
13985, ``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government''; the President's January
27, 2021, Executive Order 14008, ``Tackling the Climate Crisis at Home
and Abroad''; the President's May 20, 2021, Executive Order 14030,
``Climate Related Financial Risk''; the President's July 9, 2021,
Executive Order 14036, ``Promoting Competition in the American
Economy''; the President's December 8, 2021, Executive Order 14057,
``Catalyzing Clean Energy Industries and Jobs Through Federal
Sustainability''; and the President's April 21, 2023, Executive Order
14096, ``Revitalizing Our Nation's Commitment to Environmental Justice
for All.''
Applications are first reviewed for eligibility, justification, and
timeliness of implementation consistent with the requirements of this
NOFO and the intent of the ATP. Applications are then reviewed for how
well the proposed project(s) meets the criteria in E.1. and ranked by
field and regional office staff. The top projects for each airport
category (as outlined in BIL) are then assessed by a National Control
Board (NCB). The NCB has representatives from each Region and
Headquarters management. The NCB recommends project and funding levels
to senior leadership.

3. Integrity and Performance Check

Prior to making a Federal award with a total amount of Federal
share greater than the simplified acquisition threshold, the FAA is
required to review and consider any information about the applicant
that is in the designated integrity and performance system accessible
through SAM (currently FAPIIS) (see 41 U.S.C. 2313). An applicant, at
its option, may review information in the designated integrity and
performance systems accessible through SAM and comment on any
information about itself that a Federal awarding agency previously
entered. The FAA will consider any comments by the applicant, in
addition to the other information in the designated integrity and
performance system, in making a judgment about the applicant's
integrity, business ethics, and record of performance under Federal
awards when completing the review of risk posed by applicants as
described in 2 CFR 200.206.

F. Federal Award Administration Information

1. Federal Award Notices

BIL awards are announced through a Congressional notification
process and a DOT Secretary's Notice of Intent to Fund. The FAA RO/ADO
representative will contact the airport with further information and
instructions. Once all pre-grant actions are complete, the FAA RO/ADO
will offer the airport sponsor a grant for the announced project. This
offer may be provided through postal mail or by electronic means. Once
this offer is signed by the airport sponsor, it becomes a grant
agreement. Awards made under this program are subject to conditions and
assurances in the grant agreement.

2. Administrative and National Policy Requirements

i. Grant Requirements
All grant recipients are subject to the grant requirements of the
AIP, found in 49 U.S.C. Chapter 471. Grant recipients are subject to
requirements in the FAA's AIP Grant Agreement for financial assistance
awards; the annual Certifications and Assurances required of
applicants; and any additional applicable statutory or regulatory
requirements, including nondiscrimination requirements and 2 CFR part
200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. Grant requirements include, but are
not limited to, approved projects on an airport layout plan; compliance
with Federal civil rights laws; Buy American requirements under 49
U.S.C. 50101; Build America, Buy America requirements in sections
70912(6) and 70914 in Public Law 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), executive branch should

[[Page 55675]]

maximize, consistent with law, the use of goods, products, and
materials produced in, and services offered in, the United States.
Funds made available under this notice are subject to the domestic
preference requirements in the Buy American requirements under 49
U.S.C. 50101 and the Build America, Buy America requirements in section
70914 in the Infrastructure Investment and Jobs Act (Pub. L. 117-58).
The FAA expects all applicants to comply with that requirement without
needing a waiver. However, to obtain a waiver, a recipient must be
prepared to demonstrate how they will maximize the use of domestic
goods, products, and materials in constructing their project.
Civil Rights and Title VI: As a condition of a grant award, grant
recipients should demonstrate that the recipient has a plan for
compliance with civil rights obligations and nondiscrimination laws,
including Title VI of the Civil Rights Act of 1964 and implementing
regulations (49 CFR part 21), the Americans with Disabilities Act of
1990 (ADA), and section 504 of the Rehabilitation Act, all other civil
rights requirements, and accompanying regulations. This should include
a current Title VI plan, completed Community Participation Plan, and a
plan to address any legacy infrastructure or facilities that are not
compliant with ADA standards. DOT's and the applicable Operating
Administrations' Office of Civil Rights may work with awarded grant
recipients to ensure full compliance with Federal civil rights
requirements.
Critical Infrastructure Security, Cybersecurity, and Resilience: It
is the policy of the United States to strengthen the security and
resilience of its critical infrastructure against all hazards;
including both physical and cyber risks, consistent with the
President's National Security Memorandum on Critical Infrastructure
Security and Resilience (NSM-22) and the National Security Memorandum
on Improving Cybersecurity for Critical Infrastructure Control Systems
(NSM-5). Each applicant selected for Federal funding under this notice
must demonstrate, prior to the signing of the grant agreement, effort
to consider and address physical and cyber security risks relevant to
the transportation mode and type and scale of the project. Projects
that have not appropriately considered and addressed physical and cyber
security and resilience in their planning, design, and project
oversight, as determined by the Department and the Department of
Homeland Security, will be required to do so before receiving funds for
construction. Information on cybersecurity performance goals can be
found at <a href="https://www.cisa.gov/cpg">https://www.cisa.gov/cpg</a>. These performance goals provide a
baseline set of cybersecurity practices broadly applicable across
critical infrastructure with known risk-reduction value, a benchmark
for critical infrastructure owners and operators to measure and improve
their cybersecurity maturity, and recommended practices for information
technology (IT) and operational technology (OT) systems, including a
prioritized set of security practices. Additionally, funding recipients
must be in compliance with 2 CFR 200.216 and the prohibition on certain
telecommunications and video surveillance services or equipment.
Federal Contract Compliance: As a condition of grant award and
consistent with E.O. 11246, Equal Employment Opportunity (30 FR 12319,
and as amended), all federally assisted contractors are required to
make good faith efforts to meet the goals of 6.9 percent of
construction project hours being performed by women, in addition to
goals that vary based on geography for construction work hours and for
work being performed by people of color.
The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) is charged with enforcing Executive Order
11246, section 503 of the Rehabilitation Act of 1973, and the Vietnam
Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega
Construction Project Program through which it engages with project
sponsors as early as the design phase to help promote compliance with
non-discrimination and affirmative action obligations. OFCCP will
identify projects that receive an award under this notice and are
required to participate in OFCCP's Mega Construction Project Program
from a wide range of federally-assisted projects over which OFCCP has
jurisdiction and that have a project cost above $35 million. DOT will
require project sponsors with costs above $35 million that receive
awards under this funding opportunity to partner with OFCCP, if
selected by OFCCP, as a condition of their DOT award.
Performance and Program Evaluation: As a condition of grant award,
grant recipients may be required to participate in an evaluation
undertaken by the DOT, FAA, or another agency or partner. The
evaluation may take different forms, such as an implementation
assessment across grant recipients, an impact and/or outcomes analysis
of all or selected sites within or across grant recipients, or a
benefit/cost analysis or assessment of return on investment. DOT may
require applicants to collect data elements to aid the evaluation. As a
part of the evaluation, as a condition of award, grant recipients must
agree to: (1) make records available to the evaluation contractor or
DOT staff; (2) provide access to program records and any other relevant
documents to calculate costs and benefits; (3) in the case of an impact
analysis, facilitate the access to relevant information as requested;
and (4) follow evaluation procedures as specified by the evaluation
contractor or DOT staff. Requested program records or information will
be consistent with record requirements outlined in 2 CFR 200.334-338
and the grant agreement.
ii. Standard Assurances
Each grant recipient must assure that it will comply with all
applicable Federal statutes, regulations, executive orders, directives,
FAA circulars, and other Federal administrative requirements in
carrying out any project supported by the ATP grant. The grant
recipient must acknowledge that it is under a continuing obligation to
comply with the terms and conditions of the grant agreement issued for
its project with the FAA. The grant recipient understands that Federal
laws, regulations, policies, and administrative practices might be
modified from time to time and may affect the implementation of the
project. The grant recipient must agree that the most recent Federal
requirements will apply to the project unless the FAA issues a written
determination otherwise.
The grant recipient must submit the Certifications at the time of
grant application and Assurances must be accepted as part of the grant
agreement at the time of accepting a grant offer. Grant recipients must
also comply with the requirements of 2 CFR part 200, which ``are
applicable to all costs related to Federal awards,'' and which are
cited in the grant assurances of the grant agreements. The Airport
Sponsor Assurances are available on the FAA website at: <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

[[Page 55676]]

the FAA October 2020 Financial Reporting Policy, which is available at
<a href="https://www.faa.gov/airports/aip/grant_payments">https://www.faa.gov/airports/aip/grant_payments</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 also comply with any
requirements outlined in 2 CFR part 180, Office of Management and
Budget (OMB) Guidelines to Agencies on Governmentwide Debarment and
Suspension.

G. Federal Awarding Agency Contact(s)

For further information concerning this notice, please contact the
FAA BIL Branch via email at <a href="/cdn-cgi/l/email-protection#083125495a58254a414449617a78677a7c7b486e6969266f677e">[email&#160;protected]</a>. In addition, the
FAA will post answers to frequently asked questions and requests for
clarifications on the 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 the
FAA directly, rather than through intermediaries or third parties, with
questions.
All applicants, including those requesting full Federal share of
eligible projects costs, should have a plan to address potential cost
overruns as part of an overall funding plan.

Issued in Washington, DC, on July 1, 2024.
Jesse Carriger,
Manager, FAA Office of Airports BIL Infrastructure Branch, APP-540.
[FR Doc. 2024-14707 Filed 7-3-24; 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.