Airport Terminal Program; FY 2023 Funding Oppportunity, 58897-58902 [2022-20935]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58897-58902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20935]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket # FAA-2022-1227]


Airport Terminal Program; FY 2023 Funding Oppportunity

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 
approximately $1 billion in FY 2023 discretionary funds for the 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

[[Page 58898]]

www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework. The FY 2023 ATP will be implemented consistent 
with law and in alignment with the priorities in Executive Order 14052, 
Implementation of the Infrastructure Investments and Jobs Act (86 FR 
64355), which are to invest efficiently and equitably, promote the 
competitiveness of the U.S. economy, improve job opportunities by 
focusing on high labor standards, strengthen infrastructure resilience 
to all hazards including climate change, and to effectively coordinate 
with State, local, Tribal, and territorial government partners.

DATES: Airport sponsors that wish to be considered for FY 2023 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, October 24, 2022.

ADDRESSES: Submit applications electronically at www.faa.gov/bil/airport-terminals per instructions in this NOFO.

FOR FURTHER INFORMATION CONTACT: Robin K. Hunt, Manager, BIL 
Implementation Team, FAA Office of Airports, at (202) 267-3263 or our 
FAA BIL email address: [email protected].

SUPPLEMENTARY INFORMATION:

A. Program Description

    BIL established the ATP, a competitive discretionary grant program, 
which provides approximately $1 billion in grant funding annually for 
five years (Fiscal Years 2022-2026) to upgrade, modernize, and rebuild 
our nation's airport terminals and airport-owned Airport Traffic 
Control Towers (ATCTs). This includes bringing airport facilities into 
conformity with current standards; constructing, modifying, or 
expanding facilities as necessary to meet demonstrated aeronautical 
demand; enhancing environmental sustainability; encouraging actual and 
potential competition; and providing a balanced system of airports to 
meet the roles and functions necessary to support civil aeronautical 
demand. 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, as well as 
accessibility for persons with disabilities.
    The ATP falls under the project grant authority for the Airport 
Improvement Program (AIP) in 49 United States Code (U.S.C.) 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 2023 ATP will be 
implemented, as appropriate and consistent with BIL, in alignment with 
the priorities in Executive Order 14052, Implementation of the 
Infrastructure Investments and Jobs Act (86 FR 64355), which are to 
invest efficiently and equitably, promote the competitiveness of the 
U.S. economy, improve opportunities for good-paying jobs with the free 
and fair choice to join a union by focusing on high labor standards, 
strengthen infrastructure resilience to all hazards including climate 
change, and to effectively coordinate with State, local, Tribal, and 
territorial government partners.
    Consistent with statutory criteria and Executive Order 14008, 
Tackling the Climate Crisis at Home and Abroad (86 FR 7619), the FAA 
also seeks to fund projects under the ATP that reduce greenhouse gas 
emissions and are designed with specific elements to address climate 
change impacts. Specifically, the FAA is looking to award projects that 
align with the President's greenhouse gas reduction goals, promote 
energy efficiency, support fiscally responsible land use and 
transportation efficient design, support terminal development 
compatible with the use of sustainable aviation fuels and technologies, 
increase climate resilience, incorporate sustainable and less 
emissions-intensive pavement and construction materials as allowable, 
and reduce pollution.
    The FAA will also consider projects that advance the goals of the 
Executive Orders listed under Section E.2.

B. Federal Award Information

    This NOFO announces up to $1,000,000,000, subject to availability 
of funds, for the Fiscal Year 2023 ATP. The ATP is a $5 billion grant 
program, distributed as approximately $1 billion annually for five 
years (Fiscal Years 2022, 2023, 2024, 2025, and 2026), subject to 
annual allocations limitations based on airport roles found in the 
published National Plan of Integrated Airport Systems (NPIAS). In 
general, the $5 billion in ATP grant funding is subject to the 
following annual award allocation limitations: not more than 55 percent 
shall be for large hub airports, not more than 15 percent shall be for 
medium hub airports, not more than 20 percent shall be for small hub 
airports, and not less than 10 percent shall be for nonhub and 
nonprimary airports.
    The FAA will consider projects that increase capacity and passenger 
access; projects that replace aging infrastructure; projects that 
achieve compliance with the Americans with Disabilities Act (42 U.S.C. 
12101, et seq.) and expand accessibility for persons with disabilities; 
projects that improve airport access for historically disadvantaged 
populations; projects that improve energy efficiency, including 
upgrading environmental systems, upgrading plant facilities, and 
achieving Leadership in Energy and Environmental Design (LEED) 
accreditation standards; projects that improve airfield safety through 
terminal relocation; and projects that encourage actual and potential 
competition. This includes applicable Executive Orders as listed in 
Section E.2. Additionally, the FAA will provide preference to projects 
that achieve a complete development objective, even if awards for the 
project must be phased, and priority to projects that have received 
partial awards.
    Projects for relocating, reconstructing, repairing, or improving an 
airport-owned ATCT will also be considered. In addition to the 
considerations above, these projects will also be 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 
2024-2026.

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

[[Page 58899]]

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); or
    ii. On-airport rail access projects as set forth in Passenger 
Facility Charge (PFC) Update 75-21 (86 FR 48793, August 31, 2021); or
    iii. Airport-owned ATCT that includes relocating, reconstructing, 
repairing, or improving the ATCT; and
    iv. Justified based on civil aeronautical demand.

D. Application and Submission Information

1. Address To Request Application Package

    An application for ATP terminal or ATCT projects, FAA Form 5100-
144, Bipartisan Infrastructure Law, Airport Terminal and Tower Project 
Information, can be found at: 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 available at: 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 are required to submit information contained in FAA Form 
5100-144, Bipartisan Infrastructure Law, Airport Terminal and Tower 
Project Information. When completing this form applicants should 
provide the information required in Section E.1. Criteria of this NOFO, 
as applicable to the project. 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. This will 
generate an email for you to send to the FAA BIL Team for review and 
evaluation. If the submit button did not automatically generate an 
email, you can also manually email your saved open field form 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 or 
airports in a channeling act state should coordinate with their 
associated state agency on the process for who should submit an 
application, via the procedures 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 2023 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 
on October 24, 2022. Submit applications electronically to [email protected] per instructions in this NOFO.

5. Funding Restrictions

    All projects funded from the ATP must be airport terminal 
development, defined under Section 3 Project Eligibility.
    ATP funds may not be used to support or oppose union organizing.

6. Other Submission Requirements

    Once Form 5100-144 is complete, save a copy of the form 
electronically to your files for future reference. Next, scroll to the 
bottom of the form and choose the ``Submit'' button. That creates a new 
email message with the PDF attached. Or, as a backup method, you can 
manually email the form to: [email protected].
    Using Digital Signatures: Form 5100-144 allows digital signatures. 
To access the digital signature field, save this form to your computer 
and then reopen it with a PDF reader or editor. The signature field 
often does not display when Form 5100-144 is viewed within a web 
browser.

E. Application Review Information

1. Criteria

    Applications for FY 2023 ATP will be rated using the following 
criteria:
    i. Projects must meet eligibility requirements under the ATP, which 
includes terminal development (including multimodal terminal 
development) as defined in 49 U.S.C. 47102(28), on-airport rail access 
projects, or airport-owned ATCT relocation, reconstruction, repair, or 
improvements.

[[Page 58900]]

    ii. FAA will consider timeliness of implementation, with priority 
given to those projects, including ``design only'' projects, that can 
satisfy all statutory and administrative requirements for grant award 
by July 2023.
    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 (such as by constructing 
common use gates or updating gates and other areas with common use 
equipment), 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, and the incorporation 
of common-use equipment and practices, all with the goal of providing a 
terminal that focuses on the most efficient movement of passengers and 
baggage possible. This also includes projects that address changing 
environmental conditions and improve resilience to climate change, and 
that will be constructed consistent with the Federal Flood Risk 
Management Standard, 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 or similar 
accreditation standards through reliance on alternative energy, water 
use reduction, sustainable site selection and development, responsible 
materials selection and waste management, incorporating lower-carbon 
pavement and construction materials, enhanced indoor environmental 
quality, use of terminal facility for renewable energy production, or 
other sustainability efforts (e.g., vehicle charging stations attached 
to the terminal) that further reduce long-term impact on 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 should 
describe the extent to which the project leads to common use gates and 
software (e.g., common use software updates, construction of common use 
gates versus preferential use by specific carriers). The applicant may 
also wish to describe how the project will offer regional and national 
impacts by improving the economic strength of regions and cities; 
increase opportunities for tourism; result in long-term job creation by 
supporting good-paying jobs with the free and fair choice to join a 
union directly related to the project; and help the United States 
compete in a global economy by encouraging the location of important 
industries and future innovations and technology in the 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 facility conditions.
    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, sub-contractors, and service workers 
on airport property); use of project labor agreements; distribution of 
workplace rights notices; union neutrality agreements; wage and/or

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benefit standards; 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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    \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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2. Review and Selection Process

    Applications will be evaluated on 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, impact on the 
National Airspace System, and the availability of matching funds. The 
FAA will also consider how well projects advance the goals of the 
following Executive Orders: 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.''

3. Integrity and Performance Check

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

F. Federal Award Administration Information

1. Federal Award Notices

    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
    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 a specific list of the guidance 
regarding when project costs can be incurred in relation to section 
47110(c)].
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; 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), it is the policy of the executive 
branch to maximize, consistent with law, the use of goods, products, 
and materials produced in, and services offered in, the United States. 
This program includes infrastructure expenditures subject to the Build 
America, Buy America Act (Pub. L. No 117-58, div. G Sec. Sec.  70901-
70927). 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: Recipients of Federal transportation 
funding will be required to comply fully with Title VI of the Civil 
Rights Act of 1964 and implementing regulations, the Americans with 
Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and 
all other civil rights requirements. The DOT's and the FAA's Office of 
Civil Rights will be providing resources and technical assistance to 
ensure full and sustainable compliance with Federal civil rights 
requirements.
    Critical Infrastructure Security and Resilience: It is the policy 
of the United States to strengthen the security and resilience of its 
critical infrastructure against both physical and cyber threats. Each 
applicant selected for Federal funding under this notice must 
demonstrate, prior to the signing of the grant agreement, effort to 
consider and address physical and cyber security risks relevant to the 
transportation mode and type and scale of the project.

[[Page 58902]]

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, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National 
Security Presidential Memorandum on Improving Cybersecurity for 
Critical Infrastructure Control Systems.
    Performance and Program Evaluation: As a condition of grant award, 
grant recipients may be required to participate in an evaluation 
undertaken by DOT, FAA, or another agency or partner. The evaluation 
may take different forms, such as an implementation assessment across 
grant recipients, an impact and/or outcomes analysis of all or selected 
sites within or across grant recipients, or a benefit/cost analysis or 
assessment of return on investment. DOT may require applicants to 
collect data elements to aid the evaluation. As a part of the 
evaluation, as a condition of award, grant recipients must agree to: 
(1) make records available to the evaluation contractor or DOT staff; 
(2) provide access to program records and any other relevant documents 
to calculate costs and benefits; (3) in the case of an impact analysis, 
facilitate the access to relevant information as requested; and (4) 
follow evaluation procedures as specified by the evaluation contractor 
or DOT staff. Requested program records or information will be 
consistent with record requirements outlined in 2 CFR 200.334-338 and 
the grant agreement.
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. Grant recipients must 
also comply with the requirements of 2 CFR part 200, which ``are 
applicable to all costs related to Federal awards,'' and which are 
cited in the grant assurances of the grant agreements. The Airport 
Sponsor Assurances are available on the FAA website at: 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 September 22, 2022.
Robin K. Hunt,
Manager, FAA Office of Airports BIL Implementation Team.
[FR Doc. 2022-20935 Filed 9-27-22; 8:45 am]
BILLING CODE 4910-13-P