Notice of Funding Opportunity, 10890-10894 [2022-03998]
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10890
Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices
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,
Percent
and to effectively coordinate with State,
For Physical Damage:
local, Tribal, and territorial government
Non-Profit Organizations with
partners.
Credit Available Elsewhere ...
1.875
DATES: Airport sponsors that wish to be
Non-Profit Organizations withconsidered for FY 2022 ATP
out Credit Available Elsewhere .....................................
1.875 discretionary funding should submit an
application that meets the requirements
For Economic Injury:
of this NOFO as soon as possible, but no
Non-Profit Organizations without Credit Available Elselater than 5:00 p.m. Eastern time, March
where .....................................
1.875 28, 2022. Submit applications
electronically at www.faa.gov/bil/
The number assigned to this disaster
airport-terminals per instructions in this
for physical damage is 17352 B and for
NOFO.
economic injury is 17353 0.
FOR FURTHER INFORMATION CONTACT: BIL
(Catalog of Federal Domestic Assistance
Implementation Team, FAA Office of
Number 59008)
Airports, at our FAA BIL email address:
9-ARP-BILAirports@faa.gov or Robin K.
Barbara Carson,
Hunt at 202–267–3263.
Acting Associate Administrator for Disaster
Assistance.
A. Program Description
Sumner, Trego, Wabaunsee,
Wallace, Washington, Wichita,
Wyandotte.
The Interest Rates are:
[FR Doc. 2022–04040 Filed 2–24–22; 8:45 am]
BILLING CODE 8026–03–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket #FAA–2022–0204]
Notice of Funding Opportunity
Federal Aviation
Administration (FAA).
ACTION: Notice of funding opportunity.
AGENCY:
The Department of
Transportation (DOT), Federal Aviation
Administration (FAA) announces the
opportunity to apply for approximately
$1 billion in FY 2022 discretionary
funds for the newly established Airport
Terminal Program (ATP), made
available under the Infrastructure
Investment and Jobs Act of 2021 (IIJA),
Public Law 117–58, herein referred to as
the Bipartisan Infrastructure Law (BIL).
The purpose of the ATP is to make
annual grants available to eligible
airports for airport terminal
development projects that address the
aging infrastructure of the nation’s
airports. In addition, ATP grants will
align with DOT’s Strategic Framework
FY2022–2026 at
www.transportation.gov/
administrations/office-policy/fy20222026-strategic-framework. The FY 2022
ATP will be implemented, as
appropriate and consistent with law, in
alignment with the priorities in
Executive Order 14052, Implementation
of the Infrastructure Investments and
Jobs Act (86 FR 64355), which are to
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SUMMARY:
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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 sponsorowned Airport Traffic Control Towers
(ATCTs). This includes bringing airport
facilities into conformity with current
standards; constructing, modifying, or
expanding facilities as necessary to meet
demonstrated aeronautical demand;
enhancing environmental sustainability;
encouraging actual and potential
competition; and providing a balanced
system of airports to meet the roles and
functions necessary to support civil
aeronautical demand. This program also
supports the President’s goals to
mobilize American ingenuity to build
modern infrastructure and an equitable,
clean energy future. In support of
Executive Order 13985, Advancing
Racial Equity and Support for
Underserved Communities Through the
Federal Government (86 FR 7009), the
FAA encourages applicants to consider
how the project will address the
challenges faced by individuals in
underserved communities and rural
areas.
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
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airports in the development and
improvement of a nationwide system
that adequately meets the needs of civil
aeronautics. The FY 2022 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 pavement and construction
materials as allowable, and reduce
pollution.
B. Federal Award Information
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% shall be
for large hub airports, not more than
15% shall be for medium hub airports,
not more than 20% shall be for small
hub airports, and not less than 10%
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
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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 complete a development objective,
and priority to projects that have
received partial awards.
Projects for relocating, reconstructing,
repairing, or improving an airportowned ATCT will also be considered. In
addition to the considerations above,
these projects will also be evaluated
based on overall impact on the national
airspace system including age of facility,
operational constraints, and
nonstandard facilities. The FAA will
publish a NOFO annually to announce
additional funding made available,
approximately $1 billion per year, for
Fiscal Years 2023–2026.
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 publicuse NPIAS airport, the Secretary of the
Interior for Midway Island Airport, the
Republic of the Marshall Islands,
Federated States of Micronesia,
Republic of Palau.
2. Cost Sharing or Matching
The Federal cost share of ATP grants
is 80 percent for large and medium hub
airports, and 95 percent for the
remainder of airports eligible to receive
ATP grants, which includes small hub,
nonhub, and nonprimary airports.
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3. Project Eligibility
All projects funded from the ATP
must be:
i. Airport terminal development,
defined in 49 U.S.C. 47102(28) as
development of an airport passenger
terminal building, including terminal
gates; access roads servicing exclusively
airport traffic that leads directly to or
from an airport passenger terminal
building; and walkways that lead
directly to or from an airport passenger
terminal building. Under the ATP, the
FAA may consider projects that qualify
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as ‘‘terminal development’’ (including
multimodal terminal development), as
that term is defined in 49 U.S.C.
47102(28);
ii. On-airport rail access projects as
set forth in Passenger Facility Charge
(PFC) Update 75–21 (86 FR 48793,
August 31, 2021);
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:
www.faa.gov/bil/airport-terminals.
Direct all inquiries regarding
applications to the appropriate Regional
Office (RO) or Airports District Office
(ADO). RO/ADO contact information is
below: https://www.faa.gov/about/
office_org/headquarters_offices/arp/
offices/regional_offices. Or to the BIL
Team at: 9-ARP-BILAirports@faa.gov.
2. Content and Form of Application
Submission
Applicants will be required to submit
information contained in FAA Form
5100–144, Bipartisan Infrastructure
Law, Airport Terminal and Tower
Project Information. This form is
provided to assist airports in completing
the submission requirements
established in this NOFO. Application
instructions and the form can be found
at: www.faa.gov/bil/airport-terminals.
All applications must be submitted
electronically following the instruction
on the form. Once the form is complete,
save a copy of the form electronically to
your files for future reference. Next,
scroll to the bottom of the form and
press the ‘‘submit’’ button. The form
will be automatically emailed to the
FAA BIL Team for review and
evaluation, or as a backup, email the
form manually to: 9-ARP-BILAirports@
faa.gov.
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 should
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coordinate with their associated state
agencies, and submit project application
via the procedures noted above.
3. Unique Entity Identifier and System
for Award Management (SAM)
Applicants must comply with 2 CFR
part 25—Universal Identifier and
System for Award Management. All
applicants must have a unique entity
identifier provided by SAM. Additional
information about obtaining a Unique
Entity Identifier (UEI) and registration
procedures may be found at the SAM
website (currently at https://
www.sam.gov). Each applicant is
required to: (1) Be registered in SAM; (2)
provide a valid UEI prior to grant award;
and (3) continue to maintain an active
SAM registration with current
information at all times during which
the applicant has an active Federal
award or an application or plan under
consideration by the FAA. Under the
ATP, the UEI and SAM account must
belong to the entity that has the legal
authority to apply for, receive, and
execute ATP grants.
Once awarded, the FAA grant
recipient must maintain the currency of
its information in SAM until the grantee
submits the final financial report
required under the grant or receives the
final payment, whichever is later. A
grant recipient must review and update
the information at least annually after
the initial registration and more
frequently if required by changes in
information or another award term.
The FAA may not make an award
until the applicant has complied with
all applicable UEI and SAM
requirements. If an applicant has not
fully complied with the requirements by
the time the FAA is ready to make an
award, the FAA may determine that the
applicant is not qualified to receive an
award and use that determination as a
basis for making a federal award to
another applicant.
Non-federal entities that have
received a federal award are required to
report certain civil, criminal, or
administrative proceedings to SAM
(currently the Federal Awardee
Performance and Integrity Information
System (FAPIIS) www.fapiis.gov) 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 2022 ATP discretionary funding
should submit an application that meets
the requirements of this NOFO as soon
as possible, but no later than 5:00 p.m.
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Eastern time on March 28, 2022. Submit
applications electronically at
www.faa.gov/bil/airport-terminals per
instructions in this NOFO.
5. Funding Restrictions
All projects funded from the ATP
must be airport terminal development,
defined in 49 U.S.C. 47102(28) as
development of an airport passenger
terminal building, including terminal
gates; access roads servicing exclusively
airport traffic that leads directly to or
from an airport passenger terminal
building; and walkways that lead
directly to or from an airport passenger
terminal building. Under the ATP, the
FAA may consider projects that qualify
as ‘‘terminal development’’ (including
multimodal terminal development), as
that term is defined in 49 U.S.C.
47102(28); and projects for on-airport
rail access projects as set forth in
Passenger Facility Charge (PFC) Update
75–21 (86 FR 48793, August 31, 2021).
Additionally, ATP eligible projects
include relocating, reconstructing,
repairing, or improving an airportowned ATCT. ATP funds may not be
used to support or oppose union
organizing.
E. Application Review Information
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1. Criteria
Applications for FY 2022 ATP will be
rated using the following criteria:
i. 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. Timeliness of implementation,
with priority given to those projects that
can satisfy all statutory and
administrative requirements for grant
award in FY 2022.
iii. Favorable consideration will be
given to eligible and justified terminal
development (including multimodal
terminal development), on-airport rail
access projects, and ATCT projects that:
a. Increase capacity and passenger
access: The applicant should describe
the extent to which the project
contributes to the functioning and
growth of the economy, including the
extent to which the project addresses
congestion or service gaps in rural areas.
The applicant should demonstrate how
the proposed project increases capacity,
provides ongoing market access to the
airport by competing carriers as
economic and competitive conditions
change, as well as how it contributes to
the functioning and growth of the
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economy, including the extent to which
the project addresses congestion or
service gaps in rural areas. The
applicant should demonstrate how the
proposed project increases capacity and
market access or relieves congestion
based on current and/or forecast needs.
b. Replace aging infrastructure:
Applicants should describe how the
project addresses replacing or upgrading
facilities that have reached the end of
their useful life. This includes
information on the current age and
condition of the asset that will be
affected by the project and how the
proposed project will improve asset
condition. The applicant should
describe how the facility no longer
meets the current or forecasted
operational needs of the airport. This
includes the renovation, expansion, or
replacement of a facility that is too
small or cannot efficiently meet current
or future demand. This also includes
projects aimed at terminal
modernization or upgrades to meet the
changing user or community
expectations. This can be met by
including multimodal terminal
development, climate resiliency,
sustainability initiatives and practices
incorporated therein, all with the goal of
providing a terminal that focuses on the
most efficient movement of passengers
and baggage possible. This also includes
projects that address changing
environmental conditions and improve
resilience to climate change, and that
will be constructed consistent with the
Federal Flood Risk Management
Standard, to the extent consistent with
current law.
c. Achieve compliance with the
Americans with Disabilities Act (ADA),
including expand accessibility for
persons with disabilities: Applicants
should describe how the project
increases mobility, expands access, and
improves connectivity for people with
disabilities both inside and outside the
terminal or ATCT. The information
should demonstrate how the proposed
project will meet the requirements
under the Americans with Disabilities
Act and improve equitable access for
people with disabilities.
d. Improve airport access for
historically disadvantaged populations:
Applicants should describe how the
project increases mobility, expands
access, and improves connectivity for
historically disadvantaged populations.
The information should demonstrate
how the proposed project provides a
significant local and regional impact
and benefits historically disadvantaged
populations. The applicant should
include a description of public
engagement on a local and regional level
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that has occurred, demonstrates
proactive inclusivity of historically
disadvantaged communities, and the
degree to which public comments and
commitments have been integrated into
the project. DOT is providing a list of
communities that meet the definition of
Historically Disadvantaged
Communities, available at https://
adip.faa.gov/agis/public/#/
disadvantagedCommunities.
e. Improve energy efficiency including
upgrading environmental systems,
upgrading plant facilities, and achieving
Leadership in Energy and
Environmental Design (LEED)
accreditation standards: Applicants
should provide information
demonstrating how the proposed project
will reduce air pollution and
greenhouse gas emissions from a
reduction in energy consumption
through energy efficient design. This
includes how the project may facilitate
the airport in achieving LEED
accreditation standards through reliance
on alternative energy, water use
reduction, sustainable site selection and
development, responsible materials
selection and waste management,
incorporating lower-carbon pavement
and construction materials, enhanced
indoor environmental quality, use of
terminal facility for renewable energy
production, or other sustainability
efforts (e.g., vehicle charging stations
attached to the terminal) that further
reduce long-term impact on climate. A
proposed project, including utility
support facilities, should be part of an
overall plan that sets targets to lower
carbon emissions, working toward a
carbon-neutral airport by 2050.
f. Improve airfield safety through
terminal relocation: Applicants should
describe how the proposed terminal
project is improving airfield safety
through the relocation of the terminal
building or its components. This could
also include a project to relocate a
terminal that assists in addressing
nonstandard airfield configurations.
g. Encourage actual and potential
competition: The applicant should
describe the extent to which the project
promotes competition in air service by
providing greater ability to
accommodate new entrants; increasing
the ability of competing air carriers to
access constrained facilities on an
ongoing basis; and facilitating the
efficient, and reliable movement of
passengers and cargo. The applicant
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 longterm job creation by supporting good-
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paying jobs with the free and fair choice
to join a union directly related to the
project; and help the United States
compete in a global economy by
encouraging the location of important
industries and future innovations and
technology in the U.S.
iv. ATCT projects that relocate,
reconstruct, repair, or improve an
airport-owned ATCT will also be
evaluated based on overall impact on
the national airspace system including
age of facility, operational constraints,
and nonstandard facilities.
v. FAA will provide a preference to
projects that achieve a complete
development objective, even if awards
for the project must be phased, and
prioritize projects that have received
partial awards.
vi. The applicant should describe
whether and how project delivery and
implementation create good-paying jobs
with the free and fair choice to join a
union to the greatest extent possible, the
use of demonstrated strong labor
standards, practices and policies
(including for direct employees,
contractors, and sub-contractors); use of
project labor agreements; distribution of
workplace rights notices; the use of
Local Hire Provisions; 1 registered
apprenticeships; or other similar
standards or practices. The applicant
should describe how planned methods
of project delivery and implementation
(for example, use of Project Labor
Agreements and/or Local Hire
Provisions,2 training and placement for
underrepresented workers) provide
opportunities for all workers, including
workers underrepresented in
construction jobs to be trained and
placed in good-paying jobs directly
related to the project. FAA will consider
this information in evaluating the
application.
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2. Review and Selection Process
Applications will be evaluated based
on the information submitted related to
the above criteria in E.1 to ensure
responsiveness to this NOFO and the
intent of the ATP. Applicants are
encouraged to submit projects that meet
as many of the above criteria as
possible, but do not need to meet all
criteria to be considered. Federal
awarding agency personnel will
evaluate applications based on how well
the projects meet the criteria in E.1,
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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including project eligibility,
justification, readiness, and the
availability of matching funds. The FAA
will also consider projects that 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’’; and the President’s July 9,
2021, Executive Order 14036,
‘‘Promoting Competition in the
American Economy.’’
3. Integrity and Performance Check
Prior to making a Federal award with
a total amount of Federal share greater
than the simplified acquisition
threshold, FAA is required to review
and consider any information about the
applicant that is in the designated
integrity and performance system
accessible through SAM (currently
FAPIIS) (see 41 U.S.C. 2313). An
applicant, at its option, may review
information in the designated integrity
and performance systems accessible
through SAM and comment on any
information about itself that a Federal
awarding agency previously entered.
FAA will consider any comments by the
applicant, in addition to the other
information in the designated integrity
and performance system, in making a
judgment about the applicant’s integrity,
business ethics, and record of
performance under Federal awards
when completing the review of risk
posed by applicants as described in
§ 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.
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2. Administrative and National Policy
Requirements
i. Pre-Award Authority
Costs incurred after enactment of the
BIL, November 15, 2021, are eligible for
reimbursement under the ATP.
ii. Grant Requirements
All grant recipients are subject to the
grant requirements of the AIP, found in
49 U.S.C. Chapter 471. Grant recipients
are subject to requirements in the FAA’s
AIP Grant Agreement for financial
assistance awards; the annual
Certifications and Assurances required
of applicants; and any additional
applicable statutory or regulatory
requirements, including
nondiscrimination requirements and 2
CFR part 200, Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards.
Grant requirements include, but are not
limited to, approved projects on an
airport layout plan; and compliance
with federal civil rights laws, Buy
American requirements under 49 U.S.C.
50101, the Department of
Transportation’s Disadvantaged
Business Enterprise (DBE) Program
regulations for airports (49 CFR part 23
and 49 CFR part 26), Build America,
Buy America requirements in sections
70912(6) and 70914 in Public Law No:
117–58, the Infrastructure Investment
and Jobs Act, and prevailing wage rate
requirements under the Davis-Bacon
Act, as amended (40 U.S.C. 276a–276a–
5, and reenacted at 40 U.S.C. 3141–
3144, 3146, and 3147).
iii. Standard Assurances
Each grant recipient must assure that
it will comply with all applicable
federal statutes, regulations, executive
orders, directives, FAA circulars, and
other federal administrative
requirements in carrying out any project
supported by the ATP grant. The grant
recipient must acknowledge that it is
under a continuing obligation to comply
with the terms and conditions of the
grant agreement issued for its project
with the FAA. The grant recipient
understands that federal laws,
regulations, policies, and administrative
practices might be modified from time
to time and may affect the
implementation of the project. The grant
recipient must agree that the most
recent Federal requirements will apply
to the project unless the FAA issues a
written determination otherwise.
The grant recipient must submit the
Certifications at the time of grant
application and Assurances must be
accepted as part of the grant agreement
at the time of accepting a grant offer.
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Grant recipients must also comply with
2 CFR part 200, which is cited in the
grant assurances of the grant
agreements. The Airport Sponsor
Assurances are available on the FAA
website at: https://www.faa.gov/
airports/aip/grant_assurances.
3. Reporting
Grant recipients are subject to
financial reporting per 2 CFR 200.328
and performance reporting per 2 CFR
200.329. Under the ATP, the grant
recipient is required to comply with all
Federal financial reporting requirements
and payment requirements, including
the submittal of timely and accurate
reports. Financial and performance
reporting requirements are available in
the FAA October 2020 Financial
Reporting Policy, which is available at
https://www.faa.gov/airports/aip/grant_
payments/media/aip-grant-paymentpolicy.pdf.
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)
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For further information concerning
this notice, please contact the FAA BIL
Implementation Team via email at 9ARP-BILAirports@faa.gov. In addition,
FAA will post answers to frequently
asked questions and requests for
clarifications on FAA’s website at
www.faa.gov/bil/airport-terminals. To
ensure applicants receive accurate
information about eligibility of the
program, the applicant is encouraged to
contact FAA directly, rather than
through intermediaries or third parties,
with questions.
All applicants, including those
requesting full federal share of eligible
projects costs, should have a plan to
address potential cost overruns as part
of an overall funding plan.
Issued in Washington, DC, on February 22,
2022.
Robin K. Hunt,
Manager, FAA Office of Airports BIL
Implementation Team.
[FR Doc. 2022–03998 Filed 2–24–22; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:44 Feb 24, 2022
Jkt 256001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Noise Exposure Map Update
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
AGENCY:
The Federal Aviation
Administration (FAA) announces its
determination that the Noise Exposure
Maps submitted by City of Chicago
Department of Aviation for Chicago
Midway International Airport seq
(Aviation Safety and Noise Abatement
Act) are in compliance with applicable
requirements.
APPLICABLE DATE: The effective date of
the FAA’s determination on the noise
exposure maps is February 18, 2022.
FOR FURTHER INFORMATION CONTACT:
Amy Hanson, Environmental Protection
Specialist, Federal Aviation
Administration, Chicago Airports
District Office, 2300 East Devon
Avenue, Des Plaines, IL 60018, Phone:
847–294–7354.
SUPPLEMENTARY INFORMATION: This
notice announces that the FAA finds
that the noise exposure maps submitted
for Chicago Midway International
Airport are in compliance with
applicable requirements of Part 150,
effective February 18, 2022. Under 49
U.S.C. 47503 of the Aviation Safety and
Noise Abatement Act (hereinafter
referred to as ‘‘the Act’’), an airport
operator may submit to the FAA noise
exposure maps which meet applicable
regulations and which depict noncompatible land uses as of the date of
submission of such maps, a description
of projected aircraft operations, and the
ways in which such operations will
affect such maps. The Act requires such
maps to be developed in consultation
with interested and affected parties in
the local community, government
agencies, and persons using the airport.
An airport operator who has submitted
noise exposure maps that are found by
FAA to be in compliance with the
requirements of Federal Aviation
Regulations (FAR) Part 150,
promulgated pursuant to the Act, may
submit a noise compatibility program
for FAA approval which sets forth the
measures the operator has taken or
proposes to take to reduce existing noncompatible uses and prevent the
introduction of additional noncompatible uses.
The FAA has completed its review of
the noise exposure maps and
accompanying documentation
submitted by City of Chicago
Department of Aviation. The
SUMMARY:
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
documentation that constitutes the
‘‘noise exposure maps’’ as defined in
section 150.7 of Part 150 includes:
Exhibit 3–1 and Exhibit 4–1 of the Part
150 study document. The FAA has
determined that these noise exposure
maps and accompanying documentation
are in compliance with applicable
requirements. This determination is
effective on February 18, 2022.
FAA’s determination on an airport
operator’s noise exposure maps is
limited to a finding that the maps were
developed in accordance with the
procedures contained in appendix A of
FAR Part 150. Such determination does
not constitute approval of the
applicant’s data, information or plans,
or a commitment to approve a noise
compatibility program or to fund the
implementation of that program. If
questions arise concerning the precise
relationship of specific properties to
noise exposure contours depicted on a
noise exposure map submitted under
section 47503 of the Act, it should be
noted that the FAA is not involved in
any way in determining the relative
locations of specific properties with
regard to the depicted noise contours, or
in interpreting the noise exposure maps
to resolve questions concerning, for
example, which properties should be
covered by the provisions of section
47506 of the Act. These functions are
inseparable from the ultimate land use
control and planning responsibilities of
local government. These local
responsibilities are not changed in any
way under Part 150 or through FAA’s
review of noise exposure maps.
Therefore, the responsibility for the
detailed overlaying of noise exposure
contours onto the map depicting
properties on the surface rests
exclusively with the airport operator
that submitted those maps, or with
those public agencies and planning
agencies with which consultation is
required under section 47503 of the Act.
The FAA has relied on the certification
by the airport operator, under section
150.21 of FAR Part 150, that the
statutorily required consultation has
been accomplished.
The full noise exposure map
documentation and of the FAA’s
evaluation of the maps is available for
examination at the https://
www.flychicago.com/community/
mdwnoise.
Questions may be directed to the
individual named above under the
heading FOR FURTHER INFORMATION
CONTACT.
E:\FR\FM\25FEN1.SGM
25FEN1
Agencies
[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Notices]
[Pages 10890-10894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03998]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket #FAA-2022-0204]
Notice of Funding Opportunity
AGENCY: Federal Aviation Administration (FAA).
ACTION: Notice of funding opportunity.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation (DOT), Federal Aviation
Administration (FAA) announces the opportunity to apply for
approximately $1 billion in FY 2022 discretionary funds for the newly
established Airport Terminal Program (ATP), made available under the
Infrastructure Investment and Jobs Act of 2021 (IIJA), Public Law 117-
58, herein referred to as the Bipartisan Infrastructure Law (BIL). The
purpose of the ATP is to make annual grants available to eligible
airports for airport terminal development projects that address the
aging infrastructure of the nation's airports. In addition, ATP grants
will align with DOT's Strategic Framework FY2022-2026 at
www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework. The FY 2022 ATP will be implemented, as
appropriate and consistent with law, 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 2022 ATP
discretionary funding should submit an application that meets the
requirements of this NOFO as soon as possible, but no later than 5:00
p.m. Eastern time, March 28, 2022. Submit applications electronically
at www.faa.gov/bil/airport-terminals per instructions in this NOFO.
FOR FURTHER INFORMATION CONTACT: BIL Implementation Team, FAA Office of
Airports, at our FAA BIL email address: [email protected] or
Robin K. Hunt at 202-267-3263.
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 sponsor-owned Airport Traffic
Control Towers (ATCTs). This includes bringing airport facilities into
conformity with current standards; constructing, modifying, or
expanding facilities as necessary to meet demonstrated aeronautical
demand; enhancing environmental sustainability; encouraging actual and
potential competition; and providing a balanced system of airports to
meet the roles and functions necessary to support civil aeronautical
demand. This program also supports the President's goals to mobilize
American ingenuity to build modern infrastructure and an equitable,
clean energy future. In support of Executive Order 13985, Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government (86 FR 7009), the FAA encourages applicants to
consider how the project will address the challenges faced by
individuals in underserved communities and rural areas.
The ATP falls under the project grant authority for the Airport
Improvement Program (AIP) in 49 United States Code (U.S.C.) Sec.
47104. Per 2 Code of Federal Regulations (CFR) Part 200--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards the AIP Federal Assistance Listings Number is
20.106, with the objective to assist eligible airports in the
development and improvement of a nationwide system that adequately
meets the needs of civil aeronautics. The FY 2022 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 pavement and
construction materials as allowable, and reduce pollution.
B. Federal Award Information
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% shall be for large hub
airports, not more than 15% shall be for medium hub airports, not more
than 20% shall be for small hub airports, and not less than 10% 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
[[Page 10891]]
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 complete a development objective, and priority to projects that
have received partial awards.
Projects for relocating, reconstructing, repairing, or improving an
airport-owned ATCT will also be considered. In addition to the
considerations above, these projects will also be evaluated based on
overall impact on the national airspace system including age of
facility, operational constraints, and nonstandard facilities. The FAA
will publish a NOFO annually to announce additional funding made
available, approximately $1 billion per year, for Fiscal Years 2023-
2026.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants are those airport sponsors normally eligible
for Airport Improvement Program (AIP) discretionary grants as defined
in 49 U.S.C. 47115. This includes a public agency, private entity,
state agency, Indian Tribe or Pueblo owning a public-use NPIAS airport,
the Secretary of the Interior for Midway Island Airport, the Republic
of the Marshall Islands, Federated States of Micronesia, Republic of
Palau.
2. Cost Sharing or Matching
The Federal cost share of ATP grants is 80 percent for large and
medium hub airports, and 95 percent for the remainder of airports
eligible to receive ATP grants, which includes small hub, nonhub, and
nonprimary airports.
3. Project Eligibility
All projects funded from the ATP must be:
i. Airport terminal development, defined in 49 U.S.C. 47102(28) as
development of an airport passenger terminal building, including
terminal gates; access roads servicing exclusively airport traffic that
leads directly to or from an airport passenger terminal building; and
walkways that lead directly to or from an airport passenger terminal
building. Under the ATP, the FAA may consider projects that qualify as
``terminal development'' (including multimodal terminal development),
as that term is defined in 49 U.S.C. 47102(28);
ii. On-airport rail access projects as set forth in Passenger
Facility Charge (PFC) Update 75-21 (86 FR 48793, August 31, 2021);
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: www.faa.gov/bil/airport-terminals.
Direct all inquiries regarding applications to the appropriate
Regional Office (RO) or Airports District Office (ADO). RO/ADO contact
information is below: https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices. Or to the BIL Team
at: [email protected].
2. Content and Form of Application Submission
Applicants will be required to submit information contained in FAA
Form 5100-144, Bipartisan Infrastructure Law, Airport Terminal and
Tower Project Information. This form is provided to assist airports in
completing the submission requirements established in this NOFO.
Application instructions and the form can be found at: www.faa.gov/bil/airport-terminals.
All applications must be submitted electronically following the
instruction on the form. Once the form is complete, save a copy of the
form electronically to your files for future reference. Next, scroll to
the bottom of the form and press the ``submit'' button. The form will
be automatically emailed to the FAA BIL Team for review and evaluation,
or as a backup, email the form manually to: [email protected].
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 should
coordinate with their associated state agencies, and submit project
application via the procedures noted above.
3. Unique Entity Identifier and System for Award Management (SAM)
Applicants must comply with 2 CFR part 25--Universal Identifier and
System for Award Management. All applicants must have a unique entity
identifier provided by SAM. Additional information about obtaining a
Unique Entity Identifier (UEI) and registration procedures may be found
at the SAM website (currently at https://www.sam.gov). Each applicant is
required to: (1) Be registered in SAM; (2) provide a valid UEI prior to
grant award; and (3) continue to maintain an active SAM registration
with current information at all times during which the applicant has an
active Federal award or an application or plan under consideration by
the FAA. Under the ATP, the UEI and SAM account must belong to the
entity that has the legal authority to apply for, receive, and execute
ATP grants.
Once awarded, the FAA grant recipient must maintain the currency of
its information in SAM until the grantee submits the final financial
report required under the grant or receives the final payment,
whichever is later. A grant recipient must review and update the
information at least annually after the initial registration and more
frequently if required by changes in information or another award term.
The FAA may not make an award until the applicant has complied with
all applicable UEI and SAM requirements. If an applicant has not fully
complied with the requirements by the time the FAA is ready to make an
award, the FAA may determine that the applicant is not qualified to
receive an award and use that determination as a basis for making a
federal award to another applicant.
Non-federal entities that have received a federal award are
required to report certain civil, criminal, or administrative
proceedings to SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS) www.fapiis.gov) 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 2022 ATP discretionary
funding should submit an application that meets the requirements of
this NOFO as soon as possible, but no later than 5:00 p.m.
[[Page 10892]]
Eastern time on March 28, 2022. Submit applications electronically at
www.faa.gov/bil/airport-terminals per instructions in this NOFO.
5. Funding Restrictions
All projects funded from the ATP must be airport terminal
development, defined in 49 U.S.C. 47102(28) as development of an
airport passenger terminal building, including terminal gates; access
roads servicing exclusively airport traffic that leads directly to or
from an airport passenger terminal building; and walkways that lead
directly to or from an airport passenger terminal building. Under the
ATP, the FAA may consider projects that qualify as ``terminal
development'' (including multimodal terminal development), as that term
is defined in 49 U.S.C. 47102(28); and projects for on-airport rail
access projects as set forth in Passenger Facility Charge (PFC) Update
75-21 (86 FR 48793, August 31, 2021).
Additionally, ATP eligible projects include relocating,
reconstructing, repairing, or improving an airport-owned ATCT. ATP
funds may not be used to support or oppose union organizing.
E. Application Review Information
1. Criteria
Applications for FY 2022 ATP will be rated using the following
criteria:
i. 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. Timeliness of implementation, with priority given to those
projects that can satisfy all statutory and administrative requirements
for grant award in FY 2022.
iii. Favorable consideration will be given to eligible and
justified terminal development (including multimodal terminal
development), on-airport rail access projects, and ATCT projects that:
a. Increase capacity and passenger access: The applicant should
describe the extent to which the project contributes to the functioning
and growth of the economy, including the extent to which the project
addresses congestion or service gaps in rural areas. The applicant
should demonstrate how the proposed project increases capacity,
provides ongoing market access to the airport by competing carriers as
economic and competitive conditions change, as well as how it
contributes to the functioning and growth of the economy, including the
extent to which the project addresses congestion or service gaps in
rural areas. The applicant should demonstrate how the proposed project
increases capacity and market access or relieves congestion based on
current and/or forecast needs.
b. Replace aging infrastructure: Applicants should describe how the
project addresses replacing or upgrading facilities that have reached
the end of their useful life. This includes information on the current
age and condition of the asset that will be affected by the project and
how the proposed project will improve asset condition. The applicant
should describe how the facility no longer meets the current or
forecasted operational needs of the airport. This includes the
renovation, expansion, or replacement of a facility that is too small
or cannot efficiently meet current or future demand. This also includes
projects aimed at terminal modernization or upgrades to meet the
changing user or community expectations. This can be met by including
multimodal terminal development, climate resiliency, sustainability
initiatives and practices incorporated therein, all with the goal of
providing a terminal that focuses on the most efficient movement of
passengers and baggage possible. This also includes projects that
address changing environmental conditions and improve resilience to
climate change, and that will be constructed consistent with the
Federal Flood Risk Management Standard, to the extent consistent with
current law.
c. Achieve compliance with the Americans with Disabilities Act
(ADA), including expand accessibility for persons with disabilities:
Applicants should describe how the project increases mobility, expands
access, and improves connectivity for people with disabilities both
inside and outside the terminal or ATCT. The information should
demonstrate how the proposed project will meet the requirements under
the Americans with Disabilities Act and improve equitable access for
people with disabilities.
d. Improve airport access for historically disadvantaged
populations: Applicants should describe how the project increases
mobility, expands access, and improves connectivity for historically
disadvantaged populations. The information should demonstrate how the
proposed project provides a significant local and regional impact and
benefits historically disadvantaged populations. The applicant should
include a description of public engagement on a local and regional
level that has occurred, demonstrates proactive inclusivity of
historically disadvantaged communities, and the degree to which public
comments and commitments have been integrated into the project. DOT is
providing a list of communities that meet the definition of
Historically Disadvantaged Communities, available at https://adip.faa.gov/agis/public/#/disadvantagedCommunities.
e. Improve energy efficiency including upgrading environmental
systems, upgrading plant facilities, and achieving Leadership in Energy
and Environmental Design (LEED) accreditation standards: Applicants
should provide information demonstrating how the proposed project will
reduce air pollution and greenhouse gas emissions from a reduction in
energy consumption through energy efficient design. This includes how
the project may facilitate the airport in achieving LEED accreditation
standards through reliance on alternative energy, water use reduction,
sustainable site selection and development, responsible materials
selection and waste management, incorporating lower-carbon pavement and
construction materials, enhanced indoor environmental quality, use of
terminal facility for renewable energy production, or other
sustainability efforts (e.g., vehicle charging stations attached to the
terminal) that further reduce long-term impact on climate. A proposed
project, including utility support facilities, should be part of an
overall plan that sets targets to lower carbon emissions, working
toward a carbon-neutral airport by 2050.
f. Improve airfield safety through terminal relocation: Applicants
should describe how the proposed terminal project is improving airfield
safety through the relocation of the terminal building or its
components. This could also include a project to relocate a terminal
that assists in addressing nonstandard airfield configurations.
g. Encourage actual and potential competition: The applicant should
describe the extent to which the project promotes competition in air
service by providing greater ability to accommodate new entrants;
increasing the ability of competing air carriers to access constrained
facilities on an ongoing basis; and facilitating the efficient, and
reliable movement of passengers and cargo. The applicant may also wish
to describe how the project will offer regional and national impacts by
improving the economic strength of regions and cities; increase
opportunities for tourism; result in long-term job creation by
supporting good-
[[Page 10893]]
paying jobs with the free and fair choice to join a union directly
related to the project; and help the United States compete in a global
economy by encouraging the location of important industries and future
innovations and technology in the U.S.
iv. ATCT projects that relocate, reconstruct, repair, or improve an
airport-owned ATCT will also be evaluated based on overall impact on
the national airspace system including age of facility, operational
constraints, and nonstandard facilities.
v. FAA will provide a preference to projects that achieve a
complete development objective, even if awards for the project must be
phased, and prioritize projects that have received partial awards.
vi. The applicant should describe whether and how project delivery
and implementation create good-paying jobs with the free and fair
choice to join a union to the greatest extent possible, the use of
demonstrated strong labor standards, practices and policies (including
for direct employees, contractors, and sub-contractors); use of project
labor agreements; distribution of workplace rights notices; the use of
Local Hire Provisions; \1\ registered apprenticeships; or other similar
standards or practices. The applicant should describe how planned
methods of project delivery and implementation (for example, use of
Project Labor Agreements and/or Local Hire Provisions,\2\ training and
placement for underrepresented workers) provide opportunities for all
workers, including workers underrepresented in construction jobs to be
trained and placed in good-paying jobs directly related to the project.
FAA will consider this information in evaluating the application.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
2. Review and Selection Process
Applications will be evaluated based on the information submitted
related to the above criteria in E.1 to ensure responsiveness to this
NOFO and the intent of the ATP. Applicants are encouraged to submit
projects that meet as many of the above criteria as possible, but do
not need to meet all criteria to be considered. Federal awarding agency
personnel will evaluate applications based on how well the projects
meet the criteria in E.1, including project eligibility, justification,
readiness, and the availability of matching funds. The FAA will also
consider projects that 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''; and the President's July 9, 2021,
Executive Order 14036, ``Promoting Competition in the American
Economy.''
3. Integrity and Performance Check
Prior to making a Federal award with a total amount of Federal
share greater than the simplified acquisition threshold, FAA is
required to review and consider any information about the applicant
that is in the designated integrity and performance system accessible
through SAM (currently FAPIIS) (see 41 U.S.C. 2313). An applicant, at
its option, may review information in the designated integrity and
performance systems accessible through SAM and comment on any
information about itself that a Federal awarding agency previously
entered. FAA will consider any comments by the applicant, in addition
to the other information in the designated integrity and performance
system, in making a judgment about the applicant's integrity, business
ethics, and record of performance under Federal awards when completing
the review of risk posed by applicants as described in Sec. 200.206.
F. Federal Award Administration Information
1. Federal Award Notices
BIL awards are announced through a Congressional notification
process and a DOT Secretary's Notice of Intent to Fund. The FAA RO/ADO
representative will contact the airport with further information and
instructions. Once all pre-grant actions are complete, the FAA RO/ADO
will offer the airport sponsor a grant for the announced project. This
offer may be provided through postal mail or by electronic means. Once
this offer is signed by the airport sponsor, it becomes a grant
agreement. Awards made under this program are subject to conditions and
assurances in the grant agreement.
2. Administrative and National Policy Requirements
i. Pre-Award Authority
Costs incurred after enactment of the BIL, November 15, 2021, are
eligible for reimbursement under the ATP.
ii. Grant Requirements
All grant recipients are subject to the grant requirements of the
AIP, found in 49 U.S.C. Chapter 471. Grant recipients are subject to
requirements in the FAA's AIP Grant Agreement for financial assistance
awards; the annual Certifications and Assurances required of
applicants; and any additional applicable statutory or regulatory
requirements, including nondiscrimination requirements and 2 CFR part
200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. Grant requirements include, but are
not limited to, approved projects on an airport layout plan; and
compliance with federal civil rights laws, Buy American requirements
under 49 U.S.C. 50101, the Department of Transportation's Disadvantaged
Business Enterprise (DBE) Program regulations for airports (49 CFR part
23 and 49 CFR part 26), Build America, Buy America requirements in
sections 70912(6) and 70914 in Public Law No: 117-58, the
Infrastructure Investment and Jobs Act, and prevailing wage rate
requirements under the Davis-Bacon Act, as amended (40 U.S.C. 276a-
276a-5, and reenacted at 40 U.S.C. 3141-3144, 3146, and 3147).
iii. Standard Assurances
Each grant recipient must assure that it will comply with all
applicable federal statutes, regulations, executive orders, directives,
FAA circulars, and other federal administrative requirements in
carrying out any project supported by the ATP grant. The grant
recipient must acknowledge that it is under a continuing obligation to
comply with the terms and conditions of the grant agreement issued for
its project with the FAA. The grant recipient understands that federal
laws, regulations, policies, and administrative practices might be
modified from time to time and may affect the implementation of the
project. The grant recipient must agree that the most recent Federal
requirements will apply to the project unless the FAA issues a written
determination otherwise.
The grant recipient must submit the Certifications at the time of
grant application and Assurances must be accepted as part of the grant
agreement at the time of accepting a grant offer.
[[Page 10894]]
Grant recipients must also comply with 2 CFR part 200, which is cited
in the grant assurances of the grant agreements. The Airport Sponsor
Assurances are available on the FAA website at: https://www.faa.gov/airports/aip/grant_assurances.
3. Reporting
Grant recipients are subject to financial reporting per 2 CFR
200.328 and performance reporting per 2 CFR 200.329. Under the ATP, the
grant recipient is required to comply with all Federal financial
reporting requirements and payment requirements, including the
submittal of timely and accurate reports. Financial and performance
reporting requirements are available in the FAA October 2020 Financial
Reporting Policy, which is available at https://www.faa.gov/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf.
The grant recipient must comply with annual audit reporting
requirements. The grant recipient and sub-recipients, if applicable,
must comply with 2 CFR part 200 subpart F Audit Reporting Requirements.
The grant recipient must comply with any requirements outlined in 2 CFR
part 180, Office of Management and Budget (OMB) Guidelines to Agencies
on Government wide Debarment and Suspension.
G. Federal Awarding Agency Contact(s)
For further information concerning this notice, please contact the
FAA BIL Implementation Team via email at [email protected]. In
addition, FAA will post answers to frequently asked questions and
requests for clarifications on FAA's website at www.faa.gov/bil/airport-terminals. To ensure applicants receive accurate information
about eligibility of the program, the applicant is encouraged to
contact FAA directly, rather than through intermediaries or third
parties, with questions.
All applicants, including those requesting full federal share of
eligible projects costs, should have a plan to address potential cost
overruns as part of an overall funding plan.
Issued in Washington, DC, on February 22, 2022.
Robin K. Hunt,
Manager, FAA Office of Airports BIL Implementation Team.
[FR Doc. 2022-03998 Filed 2-24-22; 8:45 am]
BILLING CODE 4910-13-P