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Notice2024-18837

FAA Contract Tower Competitive Grant Program; Fiscal Year (FY) 2025 Funding Opportunity

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Published

August 22, 2024

Issuing agencies

Transportation DepartmentFederal Aviation Administration

Abstract

The Department of Transportation (DOT), Federal Aviation Administration (FAA), announces the opportunity to apply for $20 million in FY 2025 Airport Infrastructure Grant funds for the FAA Contract Tower (FCT) Competitive Grant Program, made available under the Infrastructure Investment and Jobs Act of 2021 (IIJA), herein referred to as the Bipartisan Infrastructure Law (BIL). The purpose of the FCT Competitive Grant Program is to make annual grants available to eligible airports for airport-owned airport traffic control tower (ATCT) projects that address the aging infrastructure of the nation's airports.

Full Text

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<title>Federal Register, Volume 89 Issue 163 (Thursday, August 22, 2024)</title>
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[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Notices]
[Pages 68019-68023]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18837]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket #FAA-2024-1951]

FAA Contract Tower Competitive Grant Program; Fiscal Year (FY)
2025 Funding Opportunity

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

ACTION: Notice of funding opportunity.

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SUMMARY: The Department of Transportation (DOT), Federal Aviation
Administration (FAA), announces the opportunity to apply for $20
million in FY 2025 Airport Infrastructure Grant funds for the FAA
Contract Tower (FCT) Competitive Grant Program, made available under
the Infrastructure Investment and Jobs Act of 2021 (IIJA), herein
referred to as the Bipartisan Infrastructure Law (BIL). The purpose of
the FCT Competitive Grant Program is to make annual grants available to
eligible airports for airport-owned airport traffic control tower
(ATCT) projects that address the aging infrastructure of the nation's
airports.

DATES: Airport sponsors that wish to be considered for FY 2025 FCT
Competitive Grant Program funding should submit an application that
meets the requirements of this NOFO as soon as possible, but no later
than 5:00 p.m. eastern time, September 18, 2024.

ADDRESSES: Submit applications electronically at <a href="https://www.faa.gov/bil/airport-infrastructure/fct">https://www.faa.gov/bil/airport-infrastructure/fct</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#fbc2d6baa9abd6b9b2b7ba92898b94898f88bb9d9a9ad59c948d">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:

Summary of Key Information: FY 2025 FAA Contract Tower (FCT) Program
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Issuing agency.............................. Department of transportation, federal aviation administration.
Program Overview............................ The FCT program is a competitive discretionary grant program that
provides $20 million in grant funding annually for five years to
support airport-owned airport traffic control towers (ATCT)that
participate in the FAA's Contract Tower Program.
Objectives.................................. The purpose of the FCT Competitive Grant Program is to make annual
grants available to eligible airports for projects at airport-
owned ATCTs that address the aging infrastructure of the nation's
airports.
Eligible Projects........................... Eligible projects:
<bullet> Airport-owned ATCT projects that sustain, construct,
repair, improve, rehabilitate, modernize, replace, or relocate
nonapproach control towers.
<bullet> Acquire and install airport traffic control,
communications, and related eligible equipment for airport-
owned ATCTs.
<bullet> Construct remote towers certified by the FAA, to
include acquisition and installation of airport traffic
control, communications, and related equipment.
Deadlines................................... FY 2025 FCT deadline: No later than 5:00 pm Eastern time,
September 18, 2024.
Funding..................................... The Infrastructure Investment and Jobs Act (Pub. L. 117-58),
November 15, 2021, ``Bipartisan Infrastructure Law,'' or BIL)
provides $20 million annually for FY 2022--2026.
Eligible Applicants......................... Eligible applicants are those airport sponsors approved in the
FAA's Contract Tower Program or Contract Tower Cost Share Program
as defined in 49 U.S.C. 47124, and normally eligible for Airport
Improvement Program (AIP) discretionary grants as defined in 49
U.S.C. 47115.
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The FCT Competitive Grant Program will align with DOT's Strategic
Framework FY 2022-2026 at <a href="http://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework">www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework</a>. The FY 2025 FCT
Competitive Grant Program 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.
Airports that submitted projects under the FY 2025 Airport Terminal
Program NOFO 89 FR 55670, that meet the eligibility requirements
outlined in C.1., do not need to resubmit under this NOFO.

A. Program Description

BIL established the FCT Competitive Grant Program, a competitive
discretionary grant program, that provides $20 million in grant funding
annually for five years (Fiscal Years 2022-2026) to sustain, construct,
repair, improve, rehabilitate, modernize, replace, or relocate
nonapproach control towers; acquire and install air traffic control,
communications, and related equipment to be used in those towers; and
construct a remote tower certified by the FAA including acquisition and
installation of air traffic control, communications, or related
equipment. The FAA is committed to advancing safe, efficient
transportation, including projects funded under the FCT program. This
Program also supports the President's goals to mobilize American
ingenuity to build modern infrastructure and an equitable, clean energy
future. In support of 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,
communities with environmental justice concerns, and rural areas, as
well as accessibility for persons with disabilities.
The FCT Competitive 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 Regulation (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 FCT Competitive Grant
Program will be implemented consistent with the BIL and in alignment
with the priorities in Executive Order 14052, Implementation of the
Infrastructure Investments and Jobs Act (86 FR 64355), which are to

[[Page 68020]]

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 FCT Competitive Grant Program
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
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 $20,000,000, subject to availability of
funds, for the Fiscal Year 2025 FCT Competitive Grant Program. The FCT
Competitive Grant Program is a $100 million grant program, distributed
as $20 million annually for five years (Fiscal Years 2022, 2023, 2024,
2025, and 2026).
The FAA will consider projects at an airport-owned Airport Traffic
Control Tower (ATCT) that sustain, construct, repair, improve,
rehabilitate, modernize, replace, or relocate nonapproach control
towers; acquire and install air traffic control, communications, and
related equipment to be used in those towers; or construct a remote
tower certified by the FAA including acquisition and installation of
air traffic control, communications, or related equipment. To date,
there are no certified remote tower systems. The FAA is currently
evaluating this technology to assess its suitability for use in the
National Airspace System. In addition, these projects will also be
assessed based on overall impact on the National Airspace System,
including age of facility, operational constraints, nonstandard
facilities, or new FCT entrant requirements. This also includes
applicable Executive Orders as listed in section E.2.
The FAA intends to publish a NOFO annually to announce additional
funding made available, expected to be $20 million per year, for Fiscal
Years 2025-2026.

C. Eligibility Information

1. Eligible Applicants

Eligible applicants are those airport sponsors approved in the
FAA's Contract Tower Program or Contract Tower Cost Share Program as
defined in 49 U.S.C. 47124, and normally eligible for Airport
Improvement Program (AIP) discretionary grants as defined in 49 U.S.C.
47115. The eligible applicants include a public agency, private entity,
state agency, Indian Tribe, or Pueblo owning a public-use National Plan
of Integrated Airport Systems (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

No cost sharing or matching is required. The Federal cost share of
the FCT Competitive Grant Program is 100 percent for all airports
eligible to receive grants.

3. Project Eligibility

All projects funded from the FCT Competitive Grant Program must be
airport-owned ATCT projects that:
i. Sustain, construct, repair, improve, rehabilitate, modernize,
replace, or relocate nonapproach control towers;
ii. Acquire and install air traffic control, communications, and
related equipment to be used in those towers; or
iii. Construct a remote tower \1\ certified by the FAA, including
acquisition and installation of air traffic control, communications, or
related equipment.
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\1\ To date, the FAA has no certified Remote Towers. The FAA is
currently evaluating this technology to assess its suitability for
use in the National Airspace System. Remote Tower information is
located at <a href="http://www.faa.gov/airports/planning_capacity/non_federal/remote_tower_systems/">www.faa.gov/airports/planning_capacity/non_federal/remote_tower_systems/</a>.
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D. Application and Submission Information

1. Address To Request Application Package

An application for FCT Competitive Grant Program projects, FAA Form
5100-144, Bipartisan Infrastructure Law, Airport Terminal and Tower
Project Information, can be found at: <a href="https://www.faa.gov/bil/airport-infrastructure/fct">https://www.faa.gov/bil/airport-infrastructure/fct</a>.
Direct all inquiries regarding applications to the appropriate
Regional Office (RO) or 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 to the BIL Team at <a href="/cdn-cgi/l/email-protection#9fa6b2decdcfb2ddd6d3def6edeff0edebecdff9fefeb1f8f0e9">[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#6a53472b383a472823262b03181a05181e192a0c0b0b440d051c">[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#c0f9ed819290ed82898c81a9b2b0afb2b4b380a6a1a1eea7afb6">[email&#160;protected]</a>. The fillable PDF application must contain either a
digital signature or the applicant's written signature.
Applicants selected to receive an FCT Competitive Grant Program
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 deciding who should submit
an application using 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.
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

[[Page 68021]]

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, FCT, 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.
All applicants, including those requesting full federal share of
eligible project costs, should have a plan to address potential cost
overruns as part of an overall funding plan.

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 FCT
Competitive Grant Program, the UEI and SAM account must belong to the
entity that has the legal authority to apply for, receive, and execute
FCT Competitive Grant Program 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 giving 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 FCT Competitive
Grant Program 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 September 18, 2024. Submit applications electronically
to <a href="/cdn-cgi/l/email-protection#0d34204c5f5d204f44414c647f7d627f797e4d6b6c6c236a627b">[email&#160;protected]</a> per instructions in this NOFO. Airports
that submitted projects under the FY 2025 Airport Terminal Program NOFO
89 FR 55670, that meet the eligibility requirements outlined in C.1.,
do not need to resubmit under this NOFO.

5. Intergovernmental Review--Not Applicable

6. Funding Restrictions

All projects funded from the FCT Competitive Grant Program must be
at airports approved in the FAA's Contract Tower Program or Contract
Tower Cost Share Program defined in 49 U.S.C. 47124.
FCT Competitive Grant Program funds may not be used to support or
oppose union organizing.
Pre-Award Authority: All project costs must be incurred after the
grant execution date unless specifically permitted under 49 U.S.C.
47110(c). Certain airport development costs incurred before execution
of the grant agreement, but after November 15, 2021, are allowable,
only if certain conditions under 49 U.S.C. 47110(c)are met [see Table
3-60 of the AIP Handbook, FAA Order 5100.38 D Change 1, for specific
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 September 18, 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 FCT Competitive Grant Program will be
rated using the following criteria:
i. Projects must meet eligibility requirements under the FCT
Competitive Grant Program outlined under sections C.1 and C.3 above.
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 October 2025.
iii. ATCT projects will be assessed based on the overall impact on
the National Airspace System, including age of facility, operational
constraints, nonstandard facility conditions, or new FCT entrant
requirements.
iv. Priority will be given to projects that advance aviation safety
or enhance air traffic efficiency.
v. The applicant should describe whether and how project delivery
and implementation creates 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, and 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; \2\ 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,\3\ 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 assessing the
application.
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\2\ 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.
\3\ Project labor agreement should be consistent with the
definition and standards outlined in Executive Order 14063.
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2. Review and Selection Process

Federal awarding agency personnel will assess applications based on
how well the projects meet the criteria in E.1, including project
eligibility, justification, readiness, and impact on the National
Airspace System. The FAA will also consider how well projects

[[Page 68022]]

advance the goals of the following Executive Orders: the President's
January 20, 2021, Executive Order 13990, ``Protecting Public Health and
the Environment and Restoring Science to Tackle the Climate Crisis'';
the President's January 20, 2021, Executive Order 13985, ``Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government''; the President's January 27, 2021, Executive Order
14008, ``Tackling the Climate Crisis at Home and Abroad''; the
President's May 20, 2021, Executive Order 14030, ``Climate Related
Financial Risk''; and the President's July 9, 2021, Executive Order
14036, ``Promoting Competition in the American Economy''; 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 FCT. 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 (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
Regional Office (RO) or Airports District Office (ADO) (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 maximize,
consistent with law, the use of goods, products, and materials produced
in, and services offered in, the United States. Funds made available
under this notice are subject to the domestic preference requirements
in the Buy American requirements under 49 U.S.C. 50101. The FAA expects
all applicants to comply with that requirement without needing a
waiver. However, to obtain a waiver, a recipient must be prepared to
demonstrate how they will maximize the use of domestic goods, products,
and materials in constructing their project.
Civil Rights and Title VI: As a condition of a grant award, grant
recipients should demonstrate that the recipient has a plan for
compliance with civil rights obligations and nondiscrimination laws,
including Title VI of the Civil Rights Act of 1964 and implementing
regulations (49 CFR 21), the Americans with Disabilities Act of 1990
(ADA), and section 504 of the Rehabilitation Act, all other civil
rights requirements, and accompanying regulations. This should include
a current Title VI plan, completed Community Participation Plan, and a
plan to address any legacy infrastructure or facilities that are not
compliant with ADA standards. DOT's and the applicable Operating
Administrations' Office of Civil Rights may work with awarded grant
recipients to ensure full compliance with Federal civil rights
requirements.
Critical Infrastructure Security, Cyber 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, 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

[[Page 68023]]

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 DOT, the 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 FCT Competitive Grant Program
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 2 CFR part 200, which ``are applicable to all costs
related to Federal awards,'' and which is 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 FCT
Competitive 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 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 Government wide 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#ead3c7abb8bac7a8a3a6ab83989a85989e99aa8c8b8bc48d859c">[email&#160;protected]</a>. In addition,
the FAA will post answers to frequently asked questions and requests
for clarifications on FAA's website at <a href="https://www.faa.gov/general/bipartisan-infrastructure-law-faqs">https://www.faa.gov/general/bipartisan-infrastructure-law-faqs</a>. To ensure applicants receive
accurate information about eligibility for the program, the applicant
is encouraged to contact the FAA directly, rather than through
intermediaries or third parties, with questions.

Issued in Washington, DC, on August 19, 2024.
Jesse Carriger,
Manager, FAA Office of Airports BIL Infrastructure Branch, APP-540.
[FR Doc. 2024-18837 Filed 8-21-24; 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.