[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67741-67745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24398]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2022-1326]


FAA Contract Tower Competitive Grant Program; FY 2023 Funding 
Opportunity

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of funding opportunity.

-----------------------------------------------------------------------

SUMMARY: The Department of Transportation (DOT), Federal Aviation 
Administration (FAA), announces the opportunity to apply for $20 
million in FY 2023 Airport Infrastructure Grant funds for the FAA 
Contract Tower (FCT) Competitive Grant Program, made available under 
the Infrastructure Investment and Jobs Act of 2021, herein referred to 
as the Bipartisan Infrastructure Law (BIL). The purpose of the FCT 
Competitive Grant Program is to make annual grants available to 
eligible airports for airport-owned airport traffic control tower 
(ATCT) projects that address the aging infrastructure of the nation's 
airports. In addition, the FCT Competitive Grant Program will align 
with DOT's Strategic Framework FY2022-2026 at www.transportation.gov/administrations/office-policy/fy2022- 2026-strategic-framework.

DATES: Airport sponsors that wish to be considered for FY 2023 FCT 
Competitive Grant Program 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, December 6, 2022.

ADDRESSES: Submit applications electronically at https://www.faa.gov/bil/airport-infrastructure/fct 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: The FY 2023 FCT Competitive Grant Program 
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. Airports that 
submitted projects under the FY 2023 Airport Terminal Program NOFO (87 
FR 58897), that meet the eligibility requirements outlined in C.1., do 
not need to resubmit under this NOFO.

A. Program Description

    BIL established the FCT Competitive Grant Program, a competitive 
discretionary grant program, which provides $20 million in grant 
funding annually for five years (Fiscal Years 2022-2026) to sustain, 
construct, repair, improve, rehabilitate, modernize, replace, or 
relocate nonapproach control towers; acquire and install air traffic 
control, communications, and related equipment to be used in those 
towers; and construct a remote tower certified by the FAA including 
acquisition and installation of air traffic control, communications, or 
related equipment. 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 FCT Competitive Grant Program falls under the project grant 
authority for the Airport Improvement Program (AIP) in 49 United States 
Code (U.S.C.) Sec.  47104. Per 2 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 FCT Competitive Grant Program will be 
implemented consistent with the BIL 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 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 FCT Competitive Grant Program 
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 
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 67742]]

B. Federal Award Information

    This NOFO announces up to $20,000,000, subject to availability of 
funds, for the Fiscal Year 2023 FCT Competitive Grant Program. The FCT 
Competitive Grant Program is a $100 million grant program, distributed 
as $20 million annually for five years (Fiscal Years 2022, 2023, 2024, 
2025, and 2026).
    The FAA will consider projects at an airport-owned Airport Traffic 
Control Tower (ATCT) that sustain, construct, repair, improve, 
rehabilitate, modernize, replace, or relocate nonapproach control 
towers; acquire and install air traffic control, communications, and 
related equipment to be used in those towers; or construct a remote 
tower certified by the FAA including acquisition and installation of 
air traffic control, communications, or related equipment. To date, 
there are no certified remote tower systems. The FAA is currently 
evaluating this technology to assess its suitability for use in the 
National Airspace System. In addition, these projects will also be 
evaluated based on overall impact on the National Airspace System, 
including age of facility, operational constraints, nonstandard 
facilities, or new FCT entrant requirements. This also includes 
applicable Executive Orders as listed in Section E.2.
    The FAA intends to publish a NOFO annually to announce additional 
funding made available, expected to be $20 million per year, for Fiscal 
Years 2024-2026.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants are those airport sponsors approved in the 
FAA's contract tower program or contract tower cost share program as 
defined in 49 U.S.C. 47124, and normally eligible for Airport 
Improvement Program (AIP) discretionary grants as defined in 49 U.S.C. 
47115. The eligible applicants include a public agency, private entity, 
state agency, Indian Tribe, or Pueblo owning a public-use National Plan 
of Integrated Airport Systems (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

    No cost sharing or matching is required. The Federal cost share of 
the FCT Competitive Grant Program is 100 percent for all airports 
eligible to receive grants.

3. Project Eligibility

    All projects funded from the FCT Competitive Grant Program must be:
    i. Airport-owned ATCT projects that sustain, construct, repair, 
improve, rehabilitate, modernize, replace, or relocate nonapproach 
control towers;
    ii. Projects that acquire and install air traffic control, 
communications, and related equipment to be used in those towers; or
    iii. Projects to construct a remote tower \1\ certified by the FAA, 
including acquisition and installation of air traffic control, 
communications, or related equipment.
---------------------------------------------------------------------------

    \1\ To date, the FAA has no certified Remote Towers. The FAA is 
currently evaluating this technology to assess its suitability for 
use in the National Airspace System. Remote Tower information is 
located at www.faa.gov/airports/planning_capacity/non_federal/remote_tower_systems/.
---------------------------------------------------------------------------

D. Application and Submission Information

1. Address to Request Application Package

    An application for FCT Competitive Grant Program projects, FAA Form 
5100-144, Bipartisan Infrastructure Law, Airport Terminal and Tower 
Project Information, can be found at: https://www.faa.gov/bil/airport-infrastructure/fct.
    Direct all inquiries regarding applications to the appropriate 
Regional Office (RO) or Airports District Office (ADO), or to the BIL 
Team. RO/ADO contact information is available at https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices, The 
BIL Team may be contacted 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: https://www.faa.gov/bil/airport-infrastructure/fct.
    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 action 
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 FCT Competitive Grant Program 
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 deciding who should submit 
an application using the procedures noted above. All applicants, 
including those requesting full federal share of eligible project 
costs, should have a plan to address potential cost overruns as part of 
an overall funding plan.

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 
on 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 FCT Competitive Grant Program, the UEI and SAM 
account must belong to the entity that has the legal authority to apply 
for, receive, and execute FCT Competitive Grant Program 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

[[Page 67743]]

award, the FAA may determine that the applicant is not qualified to 
receive an award and use that determination as a basis for giving 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 FCT Competitive 
Grant Program 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 December 6, 2022. Submit applications 
electronically to [email protected] per instructions in this 
NOFO. Airports that submitted projects under the FY 2023 Airport 
Terminal Program NOFO (87 FR 58897), that meet the eligibility 
requirements outlined in C.1., do not need to resubmit under this NOFO.

5. Funding Restrictions

    All projects funded from the FCT Competitive Grant Program must be 
at airports approved in the FAA's contract tower program or contract 
tower cost share program defined in 49 U.S.C. 47124.
    FCT Competitive Grant Program funds may not be used to support or 
oppose union organizing.

6. Other Submission Requirements

    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 FCT Competitive Grant Program will be 
rated using the following criteria:
    i. Projects must meet eligibility requirements under the FCT 
Competitive Grant Program outlined under Sections C.1 and C.3 above.
    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 in July 2023.
    iii. ATCT projects will be evaluated based on the overall impact on 
the National Airspace System, including age of facility, operational 
constraints, nonstandard facility conditions, or new FCT entrant 
requirements.
    iv. Priority will be given to projects that advance aviation safety 
or enhance air traffic efficiency.
    v. The applicant should describe whether and how project delivery 
and implementation creates 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, and service 
workers on airport property); use of project labor agreements; 
distribution of workplace rights notices; union neutrality agreements; 
wage and/or benefit standards; the use of Local Hire Provisions; \2\ 
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,\3\ 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. The FAA will consider 
this information in evaluating the application.
---------------------------------------------------------------------------

    \2\ 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.
    \3\ Project labor agreement should be consistent with the 
definition and standards outlined in Executive Order 14063.
---------------------------------------------------------------------------

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, and impact on the National 
Airspace System. 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, 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. 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

[[Page 67744]]

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. 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. 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, the 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 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 FCT Competitive Grant Program 
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 2 CFR part 200, which ``are applicable to all costs 
related to Federal awards,'' and 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 FCT 
Competitive Grant Program, 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 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, the FAA will post answers to frequently asked questions and 
requests for clarifications on FAA's website at https://www.faa.gov/general/bipartisan-infrastructure-law-faqs. To ensure applicants 
receive accurate information about eligibility of the program, the

[[Page 67745]]

applicant is encouraged to contact the FAA directly, rather than 
through intermediaries or third parties, with questions.

    Issued in Washington, DC, on November 3, 2022.
Robin K. Hunt,
Manager, FAA Office of Airports BIL Branch.
[FR Doc. 2022-24398 Filed 11-8-22; 8:45 am]
BILLING CODE 4910-13-P


