Airport Terminal Program; FY 2024 Funding Opportunity, 63189-63194 [2023-19893]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Notices]
[Pages 63189-63194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19893]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket # FAA-2023-1261]


Airport Terminal Program; FY 2024 Funding Opportunity

AGENCY: Federal Aviation Administration (FAA).

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 2024 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 and airport-owned Airport Traffic Control Towers 
development projects that address the aging infrastructure of our 
nation's airports.
    In addition, ATP grants will align with DOT's Strategic Framework 
FY2022-2026 at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-frameworkhttps://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework. The FY 
2024 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 2024 ATP 
discretionary funding should submit an application that meets the 
requirements of this Notice of Funding Opportunity (NOFO) as soon as 
possible, but no later than 5:00 p.m. Eastern time, October 16, 2023.

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 Branch 
APP-540, 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. The FAA is committed to advancing safe, efficient 
transportation, including projects funded under the ATP. The ATP also 
supports the President's goals to mobilize American ingenuity to build 
modern infrastructure and an equitable, clean energy future. In support 
of 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 2024 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.

[[Page 63190]]

B. Federal Award Information

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

C. Eligibility Information

1. Eligible Applicants

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

2. Cost Sharing or Matching

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

3. Project Eligibility

    All projects funded from the ATP must be:
    i. Airport terminal development, defined in 49 U.S.C. 47102(28) as 
development of an airport passenger terminal building, including 
terminal gates; access roads servicing exclusively airport traffic that 
leads directly to or from an airport passenger terminal building; and 
walkways that lead directly to or from an airport passenger terminal 
building. Under the ATP, the 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 FAA Form 5100-144, Bipartisan 
Infrastructure Law, Airport Terminal and Tower Project Information. The 
applicant should submit Form 5100-144 as a fillable digitally signed 
PDF document via email. If the applicant cannot provide a digital 
signature, the application may be submitted as two documents: (1) the 
completed fillable PDF without a signature and (2) a scanned version of 
the completed application with a written signature. Applicants should 
follow the instructions and provide a response to applicable items on 
the form.
    The ``Submit by Email'' button at the bottom of the form will 
generate an email for the applicant to send to the FAA BIL Team at: [email protected]. If the ``Submit by Email'' button does not 
generate an email the applicant can save the fillable PDF by selecting 
``File>Save As'' to save as a fillable PDF. Once saved, the applicant 
can email the application to the FAA BIL Team at [email protected]. The fillable PDF application must contain either a 
digital signature or the applicant's written signature in accordance 
with the procedures described above.
    Applicants selected to receive an ATP grant will then be required 
to follow AIP grant application procedures prior to award, which 
include meeting all prerequisites for funding, and submission of 
Standard Form SF-424, Application for Federal Assistance, and FAA Form 
5100-100, Application for Development Projects.
    Airports covered under the FAA's State Block Grant Program or 
airports in a channeling act state should coordinate with their 
associated state agency on the process for who should submit an 
application, via the procedures listed above.
    Applicants must address Administration and Departmental priorities 
in safety, climate change and sustainability, equity, and workforce 
development which are further defined in Section E.1 Criteria.
    Grant Funds, Sources and Uses of Project Funds: The FAA requests 
that each project application have a financial plan (or project budget) 
available for review upon request. Project budgets should show how 
different funding sources will share in each activity and present those 
data in dollars and percentages. The budget should identify other 
Federal funds the applicant is applying for or has been awarded, if 
any, that the applicant intends to use. Funding sources should be 
grouped into three categories: non-Federal, ATP, and other Federal with 
specific amounts from each funding source.
    Sharing of Application Information: The FAA may share application

[[Page 63191]]

information within the Department or with other Federal agencies if the 
FAA determines that sharing is relevant to the respective program's 
objectives.

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

    Applicants must comply with 2 CFR part 25--Universal Identifier and 
System for Award Management. All applicants must have a unique entity 
identifier provided by SAM. Additional information about obtaining a 
Unique Entity Identifier (UEI) and registration procedures may be found 
at 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 2024 ATP discretionary 
funding must submit an application that meets the requirements of this 
NOFO as soon as possible, but no later than 5:00 p.m. Eastern time on 
October 16, 2023. Submit applications electronically to [email protected] per instructions in this NOFO.

5. Intergovernmental Review

    Not applicable.

6. Funding Restrictions

    All projects funded from the ATP must be airport terminal 
development or for relocation, reconstruction, repair, or improvement 
of an airport-owned air traffic control tower, defined under Section C-
3 Project Eligibility. ATP funds may not be used to support or oppose 
union organizing.
    Pre-Award Authority: All project costs must be incurred after the 
grant execution date unless specifically permitted under 49 U.S.C. 
47110(c). 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)].

7. Other Submission Requirements

    Applications will only be accepted on FAA Form 5100-144 fillable 
PDF via email and must be received on or before October 16, 2023, 5:00 
p.m. Eastern time. No other forms of applications will be accepted.

E. Application Review Information

1. Criteria

    Applications for FY 2024 ATP will be rated using the following 
criteria:
    i. Projects must meet eligibility requirements under the ATP, which 
includes terminal development (including multimodal terminal 
development) as defined in 49 U.S.C 47102(28): on-airport rail access 
projects: or airport-owned ATCT relocation, reconstruction, repair, or 
improvements.
    ii. The FAA will consider timeliness of implementation, with 
priority given to those projects, including ``design only'' projects, 
that can satisfy all statutory and administrative requirements for 
grant award by June 2024.
    iii. Favorable consideration will be given to eligible and 
justified (based on civil aeronautical demand) terminal development 
projects (including multimodal terminal development), on-airport rail 
access projects, and ATCT projects that:
    a. Increase capacity and passenger access: The applicant should 
describe the extent to which the project contributes to the functioning 
and growth of the economy, including the extent to which the project 
addresses congestion or service gaps in rural areas. The applicant 
should demonstrate how the proposed project increases capacity, 
provides ongoing market access to the airport by competing carriers as 
economic and competitive conditions change (such as by constructing 
common use gates or updating gates and other areas with common use 
equipment). The applicant should also demonstrate how the proposed 
project increases capacity and market access or relieves congestion 
based on current and/or forecast needs.
    b. Replace aging infrastructure: Applicants should describe how the 
project addresses replacing or upgrading facilities that have reached 
the end of their useful life. This includes information on the current 
age and condition of the asset that will be affected by the project and 
how the proposed project will improve asset condition. The applicant 
should describe how the facility no longer meets the current or 
forecasted operational needs of the airport. This includes the 
renovation, expansion, or replacement of a facility that is too small 
or cannot efficiently meet current or future demand. This also includes 
projects aimed at terminal modernization or upgrades to meet the 
changing user or community expectations. This can be met by including 
multimodal terminal development, climate resiliency, sustainability 
initiatives and practices incorporated therein, and the incorporation 
of common-use equipment and practices, all with the goal of providing a 
terminal that focuses on the most efficient movement of passengers and 
baggage possible. This also includes projects that address changing 
environmental conditions and improve resilience to climate change, and 
that will be constructed consistent with the Federal Flood Risk 
Management Standard, per the President's January 30, 2015, Executive 
Order 13690, ``Establishing a Federal Flood Risk Management Standard 
and a Process for Further Soliciting and Considering Stakeholder 
Input'' to the extent consistent with current law.
    c. Achieve compliance with the Americans with Disabilities Act 
(ADA), including expand accessibility for persons with disabilities: 
Applicants should describe how the project increases mobility, expands 
access, and improves connectivity for people with disabilities both 
inside and outside the terminal or ATCT. The information

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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 the climate. A 
proposed project, including utility support facilities, should be part 
of an overall plan that sets targets to lower carbon emissions, working 
toward a carbon-neutral airport by 2050.
    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 a specific carriers). The applicant 
may also wish to describe how the project will offer regional and 
national impacts by improving the economic strength of regions and 
cities; increase opportunities for tourism; result in long-term job 
creation by supporting good-paying jobs with the free and fair choice 
to join a union directly related to the project; and help the United 
States compete in a global economy by encouraging the location of 
important industries and future innovations and technology in the 
United States.
    iv. ATCT projects that relocate, reconstruct, repair, or improve an 
airport-owned ATCT will also be evaluated based on overall impact on 
the National Airspace System, including age of facility, operational 
constraints, and nonstandard facility conditions.
    v. The FAA will provide a preference to projects that achieve a 
complete development objective, even if awards for the project must be 
phased; and prioritize projects that have received partial awards.
    vi. The applicant should describe whether and how project delivery 
and implementation create good-paying jobs with the free and fair 
choice to join a union to the greatest extent possible; the use of 
demonstrated strong labor standards, practices and policies (including 
for direct employees, contractors, sub-contractors, and service workers 
on airport property); use of project labor agreements; distribution of 
workplace rights notices; union neutrality agreements; wage and/or 
benefit standards; safety and health standards; the use of Local Hire 
Provisions; \1\ registered apprenticeships; joint-labor management 
partnerships; or other similar standards or practices. The applicant 
should describe how planned methods of project delivery and 
implementation (for example, use of Project Labor Agreements and/or 
Local Hire Provisions,\2\ training, placement, and the provision of 
supportive services for underrepresented workers) provide opportunities 
for all workers, including workers underrepresented in construction 
jobs to be trained and placed in good-paying jobs directly related to 
the project. The FAA will consider this information in 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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    Applicants are encouraged to submit projects that meet as many of 
the above criteria as possible, but do not need to meet all criteria to 
be considered.

2. Review and Selection Process

    Federal awarding agency personnel will 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, which are incorporated into the criteria under E.1.: the 
President's January 20, 2021, Executive Order 13990, ``Protecting 
Public Health and the Environment and Restoring Science to Tackle the 
Climate Crisis''; the President's January 20, 2021, Executive Order 
13985, ``Advancing Racial Equity and Support for Underserved 
Communities Through the Federal Government''; the President's January 
27, 2021, Executive Order 14008, ``Tackling the Climate Crisis at Home 
and Abroad''; the President's May 20, 2021, Executive Order 14030, 
``Climate Related Financial Risk''; and the President's July 9, 2021, 
Executive Order 14036, ``Promoting Competition in the American 
Economy.''
    Applications are first reviewed for eligibility, justification, and 
timeliness of implementation consistent with the requirements of this 
NOFO and the intent of the ATP. Applications are then reviewed for how 
well the proposed project(s) meets the criteria in E.1. and ranked by 
field and Regional office staff. The top projects for each airport 
category (as outlined in BIL) are then evaluated by a National Control 
Board (NCB). The NCB has representatives from each Region and 
Headquarters management. The NCB recommends project and funding levels 
to senior leadership.

[[Page 63193]]

3. Integrity and Performance Check

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

F. Federal Award Administration Information

1. Federal Award Notices

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

2. Administrative and National Policy Requirements

i. Grant Requirements
    All grant recipients are subject to the grant requirements of the 
AIP, found in 49 U.S.C. chapter 471. Grant recipients are subject to 
requirements in the FAA's AIP Grant Agreement for financial assistance 
awards; the annual Certifications and Assurances required of 
applicants; and any additional applicable statutory or regulatory 
requirements, including nondiscrimination requirements and 2 CFR part 
200, Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards. Grant requirements include, but are 
not limited to, approved projects on an airport layout plan; compliance 
with federal civil rights laws; Buy American requirements under 49 
U.S.C. 50101; Build America, Buy America requirements in sections 
70912(6) and 70914 in Public Law 117-58; the Department of 
Transportation's Disadvantaged Business Enterprise (DBE) Program 
regulations for airports (49 CFR part 23 and 49 CFR part 26); the 
Infrastructure Investment and Jobs Act; and prevailing wage rate 
requirements under the Davis-Bacon Act, as amended (40 U.S.C. 276a-
276a-5, and reenacted at 40 U.S.C. 3141-3144, 3146, and 3147).
    Domestic Preference Requirements: As expressed in Executive Order 
14005, Ensuring the Future Is Made in All of America by All of 
America's Workers (86 FR 7475), executive branch should maximize, 
consistent with law, the use of goods, products, and materials produced 
in, and services offered in, the United States. Funds made available 
under this notice are subject to the domestic preference requirements 
in the Buy American requirements under 49 U.S.C. 50101. The FAA expects 
all applicants to comply with that requirement without needing a 
waiver. However, to obtain a waiver, a recipient must be prepared to 
demonstrate how they will maximize the use of domestic goods, products, 
and materials in constructing their project.
    Civil Rights and Title VI: As a condition of a grant award, grant 
recipients should demonstrate that the recipient has a plan for 
compliance with civil rights obligations and nondiscrimination laws, 
including Title VI of the Civil Rights Act of 1964 and implementing 
regulations (49 CFR 21), the Americans with Disabilities Act of 1990 
(ADA), and Section 504 of the Rehabilitation Act, all other civil 
rights requirements, and accompanying regulations. This should include 
a current Title VI plan, completed Community Participation Plan, and a 
plan to address any legacy infrastructure or facilities that are not 
compliant with ADA standards. DOT's and the applicable Operating 
Administrations' Office of Civil Rights may work with awarded grant 
recipients to ensure full compliance with Federal civil rights 
requirements.
    Critical Infrastructure Security, Cybersecurity, and Resilience: It 
is the policy of the United States to strengthen the security and 
resilience of its critical infrastructure against all hazards; 
including both physical and cyber risks, consistent with Presidential 
Policy Directive 21--Critical Infrastructure Security and Resilience 
and the President's National Security Memorandum on Improving 
Cybersecurity for Critical Infrastructure Control Systems. Each 
applicant selected for Federal funding under this notice must 
demonstrate, prior to the signing of the grant agreement, effort to 
consider and address physical and cyber security risks relevant to the 
transportation mode and type and scale of the project. Projects that 
have not appropriately considered and addressed physical and cyber 
security and resilience in their planning, design, and project 
oversight, as determined by the Department and the Department of 
Homeland Security, will be required to do so before receiving funds for 
construction.
    Federal Contract Compliance: As a condition of grant award and 
consistent with E.O. 11246, Equal Employment Opportunity (30 FR 12319, 
and as amended), all Federally assisted contractors are required to 
make good faith efforts to meet the goals of 6.9 percent of 
construction project hours being performed by women, in addition to 
goals that vary based on geography for construction work hours and for 
work being performed by people of color.
    The U.S. Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) is charged with enforcing Executive Order 
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega 
Construction Project Program through which it engages with project 
sponsors as early as the design phase to help promote compliance with 
non-discrimination and affirmative action obligations. OFCCP will 
identify projects that receive an award under this notice and are 
required to participate in OFCCP's Mega Construction Project Program 
from a wide range of Federally-assisted projects over which OFCCP has 
jurisdiction and that have a project cost above $35 million. DOT will 
require project sponsors with costs above $35 million that receive 
awards under this funding opportunity to partner with OFCCP, if 
selected by OFCCP, as a condition of their DOT award.
    Performance and Program Evaluation: As a condition of grant award, 
grant recipients may be required to participate in an evaluation 
undertaken by the DOT, FAA, or another agency or partner. The 
evaluation may take different forms, such as an implementation 
assessment across grant recipients, an impact and/or outcomes analysis 
of all or selected sites within or across grant recipients, or a 
benefit/cost analysis or assessment of return on investment. DOT may 
require applicants

[[Page 63194]]

to collect data elements to aid the evaluation. As a part of the 
evaluation, as a condition of award, grant recipients must agree to: 
(1) make records available to the evaluation contractor or DOT staff; 
(2) provide access to program records and any other relevant documents 
to calculate costs and benefits; (3) in the case of an impact analysis, 
facilitate the access to relevant information as requested; and (4) 
follow evaluation procedures as specified by the evaluation contractor 
or DOT staff. Requested program records or information will be 
consistent with record requirements outlined in 2 CFR 200.334-338 and 
the grant agreement.
ii. Standard Assurances
    Each grant recipient must assure that it will comply with all 
applicable federal statutes, regulations, executive orders, directives, 
FAA circulars, and other federal administrative requirements in 
carrying out any project supported by the ATP grant. The grant 
recipient must acknowledge that it is under a continuing obligation to 
comply with the terms and conditions of the grant agreement issued for 
its project with the FAA. The grant recipient understands that federal 
laws, regulations, policies, and administrative practices might be 
modified from time to time and may affect the implementation of the 
project. The grant recipient must agree that the most recent Federal 
requirements will apply to the project unless the FAA issues a written 
determination otherwise.
    The grant recipient must submit the Certifications at the time of 
grant application and Assurances must be accepted as part of the grant 
agreement at the time of accepting a grant offer. Grant recipients must 
also comply with the requirements of 2 CFR part 200, which ``are 
applicable to all costs related to Federal awards,'' and which are 
cited in the grant assurances of the grant agreements. The Airport 
Sponsor Assurances are available on the FAA website at: 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/sites/faa.gov/files/airports/aip/grant_payments/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 Governmentwide Debarment and Suspension.

G. Federal Awarding Agency Contact(s)

    For further information concerning this notice, please contact the 
FAA BIL Branch via email at [email protected]. In addition, the 
FAA will post answers to frequently asked questions and requests for 
clarifications on the 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 the 
FAA directly, rather than through intermediaries or third parties, with 
questions.
    All applicants, including those requesting full federal share of 
eligible projects costs, should have a plan to address potential cost 
overruns as part of an overall funding plan.

    Issued in Washington, DC, on September 11, 2023
Robin K. Hunt,
Manager, FAA Office of Airports BIL Branch.
[FR Doc. 2023-19893 Filed 9-13-23; 8:45 am]
BILLING CODE 4910-13-P