Airport Improvement Program (AIP) Grant Assurances, 18755-18757 [2014-07462]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 79, Number 64 (Thursday, April 3, 2014)]
[Notices]
[Pages 18755-18757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07462]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2014-0210]


Airport Improvement Program (AIP) Grant Assurances

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of modification of Airport Improvement Program (AIP) 
grant assurances.

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SUMMARY: Changes have been made to the AIP grant assurances to conform 
the list of General Federal Requirements to the correct numbering of 
some of the documents that recently changed, to add recent legislation, 
to revise Assurance 10 to conform to current statute, to clarify that 
Assurance 25, Airport Revenues, applies when an airport sponsor takes a 
grant for airport planning, and to note that Assurance 37 applies to 
airport concession disadvantaged business enterprises. Assurance 20 of 
the Non-Airport Sponsor Assurances for Non-Airport Sponsors Undertaking 
Noise Compatibility Program Projects is also revised to delete 
paragraphs which discussed land purchased for airport development.
    In addition, on April 24, 2013, the Secretary of Transportation 
signed the DOT Standard Title VI Assurances and Non-Discrimination 
Provisions, Order 1050.2A (Title VI Assurances). The Title VI 
Assurances were incorporated into the FAA Office of Civil Rights Order 
1400.11, the ``Nondiscrimination in Federally-Assisted Programs at the 
Federal Aviation Administration Order,'' which was published on August 
27, 2013. The changes to the AIP grant assurances in this Notice 
incorporate the Title VI Assurances.

DATES: The FAA is modifying several grant assurances in order to (1) 
conform the list of General Federal Requirements to the correct 
numbering of some of the documents that were recently changed by the 
Office of Management and Budget; (2) update and conform with statute; 
and (3) incorporate the DOT Title VI Assurances. The FAA will implement 
these modified grant assurances upon publication of this notice to 
expedite processing fiscal year 2014 grants under the Airport 
Improvement Program. The FAA will accept public comments concerning 
these modified grant assurances for 30 days. Comments must be submitted 
on or before May 5, 2014. If necessary, in response to comments 
received, the FAA would adopt any appropriate revisions to these grant 
assurance modifications through publication of a future notice in the 
Federal Register.

ADDRESSES: You may send comments [identified by Docket Number FAA-2014-
XXXX] using any of the following methods:
     Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Fax: 1-202-493-2251.
     Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Frank J. San Martin, Manager, Airports 
Financial Assistance Division, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591, telephone (202) 267-
3831; facsimile: (202) 267-5302.

Authority for Grant Assurance Modifications

    This notice is published under the authority described in Subtitle 
VII, Part B, Chapter 471, Sections 47107 and 47122 of Title 49 United 
States Code.

SUPPLEMENTARY INFORMATION: A sponsor (applicant) seeking financial 
assistance in the form of an AIP grant for airport planning, airport 
development, noise compatibility planning or noise mitigation under 49 
U.S.C., as amended, must agree to comply with certain assurances. These 
grant assurances are incorporated in, and become part of a sponsor's 
grant agreement for federal assistance. As need dictates, the FAA 
modifies these assurances to reflect new Federal requirements. Notice 
of such modifications is published in the Federal Register, and an 
opportunity for public comment is provided.
    The assurances that apply to a sponsor depend on the type of 
sponsor. The three types of sponsor assurances are Airport Sponsor 
Assurances, Non-Airport Sponsors Undertaking Noise Compatibility 
Program Projects, and Planning Agency Sponsors.
    The current assurances were published on February 3, 1988, at 53 FR 
3104 and amended on September 6, 1988, at 53 FR 34361; on August 29, 
1989, at 54 FR 35748; on June 10, 1994 at 59 FR 30076; on January 4, 
1995, at 60 FR 521; on June 2, 1997, at 62 FR 29761; on August 18, 
1999, at 64 FR 45008; on March 29, 2005 at 70 FR 15980; on March 18, 
2011, at 76 FR 15028; and on April 13, 2012 at 77 FR 22376.
    A complete list of the current grant assurances can be viewed at: 
https://www.faa.gov/airports/aip/grant_assurances/.

Discussion of AIP Grant Assurance Modifications

    The FAA is making four changes to the AIP grant assurances. These 
changes will be in effect for grants issued in fiscal year 2014 and 
beyond.
    The changes to the AIP grant assurances are as follows:

1. Technical Non-Substantive Changes To Correct Some Minor 
Typographical Errors

    Because these have no change on the substance of the assurances, 
these changes have not been specifically called out.

2. Addition of Assurance 25 to the List of Assurances That Apply to 
Airport Planning Undertaken by a Sponsor

    As stated in FAA's Policy and Procedures Concerning the Use of 
Airport Revenue, 64 FR 7696 (February 16, 1999), 49 U.S.C. 47133 
applies the airport revenue-use requirements of Sec.  47107(b) to any 
airport that has received ``Federal assistance.'' The FAA considers the 
term ``Federal assistance'' to include airport planning grants that 
relate to a specific airport. Many airport sponsors take grants for 
airport planning projects. For a planning project, not all of the 
airport sponsor grant assurances apply, some project-specific 
assurances apply while the planning project is going on, and others 
continue to apply after the planning project is over. The previous 
version of the airport sponsor assurances did not list the revenue use 
provision (Assurance 25) as one of the assurances that apply for a 
planning project. Assurance 25 has been added to the list of assurances 
that continue past the completion of the planning projects. This change 
eliminates confusion by clarifying that if a sponsor is undertaking a 
planning project, it is subject to the published requirements for 
revenue use.
    Section B Duration and Applicability, (3) Airport Planning 
Undertaken by a Sponsor, now reads,

    ``Unless otherwise specified in this grant agreement, only 
Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section 
C apply to planning projects. The terms, conditions, and assurances 
of this grant agreement shall remain in full force and effect during 
the life of the project; there shall be no limit on the

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duration of the assurances regarding Exclusive Rights and Airport 
Revenue so long as the airport is used as an airport.''

3. Administrative Changes to Assurance No. 1, General Federal 
Requirements

    In 2008, the drug-free workplace requirements were included in 49 
CFR part 32, Governmentwide Requirements for Drug-Free Workplace 
(Financial Assistance). Also, in 2008, the Department of Transportation 
moved its nonprocurement suspension and debarment regulations from 49 
CFR part 29 to a new 2 CFR part 1200, and adopted the government-wide 
guidance on nonprocurement suspension and debarment in 2 CFR part 180 
(73 FR 24139, May 2, 2008).
    In 2013, the Office of Management and Budget (OMB) compiled a 
number of Circulars in 2 CFR part 200, including Circular A-87, ``Cost 
Principles for State, Local, and Indian Tribal Governments,'' and 
Circular A-133, ``Audits of States, Local Governments, and Non-Profit 
Organizations.''
    a. In Assurance No. 1, General Federal Requirements, Federal 
Regulations section, make the following changes:
    1. Delete the entry for: 49 CFR part 29, Government wide debarment 
and suspension (nonprocurement) and government wide requirements for 
drug-free workplace (grants);
    2. Add a new entry for: 2 CFR part 1200--Nonprocurement Suspension 
and Debarment;
    3. Add a new entry for: 2 CFR part 180--OMB Guidelines to Agencies 
on Governmentwide Debarment and Suspension (Nonprocurement);
    4. Add a new entry for: 49 CFR part 32--Governmentwide Requirements 
for Drug-Free Workplace (Financial Assistance);
    5. Add a new entry for: 2 CFR part 200--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards.
    b. In Assurance No. 1, General Federal Requirements, delete the 
Office of Management and Budget Circulars and its two entries.
    c. In Assurance No. 1, General Federal Requirements--Federal 
Legislation, add the Federal Funding Accountability and Transparency 
Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of 
Pub. L. 110-252).
    d. Reorder the entries of Assurance 1 General Federal 
Requirements--Federal Regulations and Office of Management Budget 
Circulars into numerical order.

4. Revision of Assurance 10. Air and Water Quality Standards

    The 2003 FAA reauthorization bill, the Vision 100--Century of 
Aviation Reauthorization Act, removed the specific statutory language 
requiring the chief executive officer of a state to certify that the 
airport development project will be designed, constructed, and operated 
in compliance with applicable air and water quality standards. The Act 
added in a requirement for a sponsor to provide a copy of a proposed 
amendment to the airport layout plan to a Metropolitan Planning 
Organization upon request. The Assurance has been revised to reflect 
these statutory changes.

5. Incorporation of DOT Standard Title VI Assurances and Non-
Discrimination Provisions (Title VI Assurances)

    The FAA modified the AIP grant assurances to incorporate the DOT 
Standard Title VI Assurances and Non-Discrimination Provisions, Order 
1050.2A (Title VI Assurances) that were signed by the Secretary of 
Transportation on April 24, 2013. These Title VI Assurances, which have 
since been incorporated into FAA Order 1400.11, amend and augment FAA's 
AIP grant assurances related to Title VI of the Civil Rights Act of 
1964.
    To incorporate the Title VI Assurances, changes were made in the 
AIP Grant Assurances to Assurance 1 and the Assurance 30, the Civil 
Rights Assurance.
    a. In Assurance No. 1, General Federal Requirements, Federal 
Legislation, the following changes are made to incorporate the Title VI 
Assurances:
    1. Add a new entry for: Title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq., 78 stat. 252) (prohibits discrimination on 
the basis of race, color, national origin); and
    2. Add a new entry for: Americans with Disabilities Act of 1990, as 
amended, (42 U.S.C. 12101 et seq.), prohibits discrimination on the 
basis of disability).
    b. In Assurance No. 1, General Federal Requirements, Federal 
Regulations, the following changes are made to incorporate the Title VI 
Assurances:
    1. Add a new entry for: 28 CFR 50.3--U.S. Department of Justice 
Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964.
    2. Add a new entry for: 28 CFR part 35--Discrimination on the Basis 
of disability in State and Local Government Services.
    3. Add a new entry for: 49 CFR part 28--Enforcement of 
Nondiscrimination on the Basis of Handicap in Programs or Activities 
conducted by the Department of Transportation.
    4. Add a new entry for: 49 CFR part 37--Transportation Services for 
Individuals with Disabilities (ADA).
    The AIP Grant Assurances previously required a sponsor to comply 
with rules preventing persons from being excluded on the grounds of 
race, creed, color, national origin, sex, age, or disability from 
participating in any activity conducted with or benefitting from the 
funds received from AIP grants. This requirement continues unchanged, 
but the protections are being extended to the programs, facilities and 
activities of the sponsor, so long as any portion of the program is 
grant funded or otherwise is federally-assisted. The Title VI 
Assurances require that sponsors insert specific civil rights language 
into all contracting documents including bids, Requests for Proposals, 
and proposals. Specific contract provisions are also required for the 
acquisition or transfer of real property, whether or not these projects 
include federal assistance. The revised Civil Rights Assurance 
specifies when specific contract clauses are required.
    Identical changes are made to Assurance 17, Civil Rights, in the 
Non-Airport Sponsors Undertaking Noise Compatibility Program Projects 
Assurances and Assurance 9, Civil Rights, in the Planning Agency 
Sponsor Assurances. The Civil Rights Assurance language is replaced 
with the following:

    30. Civil Rights.
    It will promptly take any measures necessary to ensure that no 
person in the United States shall, on the grounds of race, creed, 
color, national origin, sex, age, or disability be excluded from 
participation in, be denied the benefits of, or be otherwise 
subjected to discrimination in any activity conducted with, or 
benefiting from, funds received from this grant.
    a. Using the definitions of activity, facility and program as 
found in as defined in Sec. Sec.  21.23 (b) and 21.23 (e) of 49 CFR 
part 21, it will facilitate all programs, operate all facilities, or 
conduct all programs in compliance with all non-discrimination 
requirements imposed by, or pursuant to these assurances.
    b. Applicability
    (1) Programs and Activities. If the sponsor has received a grant 
(or other federal assistance) for any of the sponsor's program or 
activities, these requirements extend to all of the sponsor's 
programs and activities.
    (2) Facilities. Where it receives a grant or other federal 
financial assistance to construct, expand, renovate, remodel, alter 
or acquire a facility, or part of a facility, the assurance extends 
to the entire facility and facilities operated in connection 
therewith.
    (3) Real Property. Where the sponsor receives a grant or other 
Federal financial assistance in the form of, or for the acquisition 
of real property or an interest in real property, the assurance will 
extend to rights to space on, over, or under such property.
    c. Duration.

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    The sponsor agrees that it is obligated to this assurance for 
the period during which Federal financial assistance is extended to 
the program, except where the Federal financial assistance is to 
provide, or is in the form of, personal property, or real property, 
or interest therein, or structures or improvements thereon, in which 
case the assurance obligates the sponsor, or any transferee for the 
longer of the following periods:
    (1) So long as the airport is used as an airport, or for another 
purpose involving the provision of similar services or benefits; or
    (2) So long as the sponsor retains ownership or possession of 
the property.
    d. Required Solicitation Language. It will include the following 
notification in all solicitations for bids, Requests For Proposals 
for work, or material under this grant agreement and in all 
proposals for agreements including airport concessions, regardless 
of funding source:
    ``The (Name of Sponsor), in accordance with the provisions of 
Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 
2000d to 2000d-4) and the Regulations, hereby notifies all bidders 
that it will affirmatively ensure that any contract entered into 
pursuant to this advertisement, disadvantaged business enterprises 
and airport concession disadvantaged business enterprises will be 
afforded full and fair opportunity to submit bids in response to 
this invitation and will not be discriminated against on the grounds 
of race, color, or national origin in consideration for an award.''
    e. Required Contract Provisions.
    (1) It will insert the non-discrimination contract clauses 
requiring compliance with the acts and regulations relative to non-
discrimination in Federally-assisted programs of the DOT, and 
incorporate the acts and regulations into the contracts by reference 
in every contract or agreement subject to the non-discrimination in 
Federally-assisted programs of the DOT acts and regulations.
    (2) It will include a list of the pertinent non-discrimination 
authorities in every contract that is subject to the non-
discrimination acts, statutes, and regulations.
    (3) It will insert non-discrimination contract clauses as a 
covenant running with the land, in any deed from the United States 
effecting or recording a transfer of real property, structures, use, 
or improvements thereon or interest therein to a sponsor.
    (4) It will insert non-discrimination contract clauses 
prohibiting discrimination on the basis of race, creed, sex, age, 
disability, color, or national origin as a covenant running with the 
land, in any future deeds, leases, license, permits, or similar 
instruments entered into by the sponsor with other parties:
    (a) For the subsequent transfer of real property acquired or 
improved under the applicable activity, project, or program; and
    (b) For the construction or use of, or access to, space on, 
over, or under real property acquired or improved under the 
applicable activity, project, or program.
    It will provide for such methods of administration for the 
program as are found by the Secretary to give reasonable guarantee 
that it, other recipients, sub-recipients, sub-grantees, 
contractors, subcontractors, consultants, transferees, successors in 
interest, and other participants of Federal financial assistance 
under such program, will comply with all requirements imposed or 
pursuant to the acts, the regulations, and this assurance.
    f. It agrees that the United States has a right to seek judicial 
enforcement with regard to any matter arising under the acts, the 
regulations, and this assurance.

6. Modification of Assurance 37

    Assurance 37, the Disadvantaged Business Enterprises assurance has 
been modified to specifically note that the assurance applies to 
airport concession disadvantaged business enterprises.

7. Modification of Assurance 20 for Non-Airport Sponsors Undertaking 
Noise Compatibility Program Projects

    Paragraphs b and c of Assurance 20, Disposal of Land, have been 
deleted because these two paragraphs deal expressly about land that is 
acquired for airport development. Non-Airport Sponsors undertaking 
noise compatibility projects cannot undertake airport development 
projects and these two paragraphs were deleted. Paragraph d has been 
renumbered paragraph b.
* * * * *

    Issued in Washington, DC, on: March 28, 2014.
Elliott Black,
Acting Director, Office of Airport Planning and Programming.
[FR Doc. 2014-07462 Filed 4-2-14; 8:45 am]
BILLING CODE 4910-13-P