[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]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket #FAA-2022-0204]


Notice of 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 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 http://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-

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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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    \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 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


