Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices 63189 

45 17 CFR 240.17Ad–22(e)(20). 

46 In approving this Proposed Rule Change, the 

Commission has considered the proposed rules’ 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

47 15 U.S.C. 78s(b)(2). 

48 17 CFR 200.30–3(a)(12). 

prioritizes coordination and joint 

management of a common member 

default. The Commission believes that 

such default management and loss 

sharing provisions as those proposed in 

the Restated Agreement would further 

support FICC’s ability to cover its 

current and potential future exposures 

without reducing its ability to fulfill its 

obligations to its own participants. 

Accordingly, the Commission finds 

that the proposed model changes are 

consistent with Rule 17Ad–22(e)(20) 

under the Exchange Act.45

V. Conclusion 

On the basis of the foregoing, the 

Commission finds that the Proposed 

Rule Change is consistent with the 

requirements of the Exchange Act, and 

in particular, the requirements of 

section 17A of the Exchange Act 46 and 

the rules and regulations thereunder. 

It is therefore ordered, pursuant to 

section 19(b)(2) of the Exchange Act,47

that the Proposed Rule Change (SR– 

FICC–2023–010) be, and hereby is, 

approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.48

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–19839 Filed 9–13–23; 8:45 am] 

BILLING CODE 8011–01–P 

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. 

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: 9-ARP-BILAirports@faa.gov. 

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 airportowned 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.) § 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. 


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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 airportowned ATCT will also be considered. In 

addition to the considerations above, 

these projects will also be evaluated 

based on overall impact on the National 

Airspace System, including age of 

facility, operational constraints, and 

nonstandard facilities. 

The FAA will publish a NOFO 

annually to announce additional 

funding made available, approximately 

$1 billion per year, for Fiscal Years 

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 publicuse 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: 9-ARP-BILAirports@faa.gov. 

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: 9-ARP-BILAirports@

faa.gov. 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 9- 

ARP-BILAirports@faa.gov. 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 


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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 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 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 9- 

ARP-BILAirports@faa.gov 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), onairport 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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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. 

2Project labor agreement should be consistent 

with the definition and standards outlined in 

Executive Order 14063. 

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 longterm job creation by supporting goodpaying 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. 

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. 


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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 


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63194 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices 

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-grantpayment-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 9-ARP-BILAirports@

faa.gov. 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Withdrawal of the Record of 

Decision for the LaGuardia Airport 

Access Improvement Project 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Withdrawal of the Record of 

Decision (ROD) for the LaGuardia 

Airport (LGA) Access Improvement 

Project (Project). 

SUMMARY: The FAA is withdrawing the 

July 2021 ROD for the Project. The Port 

Authority of New York and New Jersey 

has notified the FAA of its intent to 

terminate the Project and pursue 

alternative access improvements to 

LGA. Accordingly, the components 

identified in the LGA Access 

Improvement Project ROD are no longer 

needed at this time. Following the 

issuance of the ROD, New York 

Governor Kathy Hochul tasked the Port 

Authority of New York and New Jersey 

with reexamining alternative mass 

transit options to LGA. The resulting 

recommendations from the 

corresponding study identified 

improvements to an existing bus service 

and construction of a new non-stop 

airport shuttle service. On July 20, 2023, 

the Port Authority of New York and 

New Jersey, as the airport sponsor, 

notified the FAA of its intent to 

officially abandon the Project as 

approved by the FAA’s ROD in favor of 

pursuing the recommended bus service 

and shuttle improvements. In response 

to this decision, the FAA has withdrawn 

the ROD for the LGA Access 

Improvement Project. Accordingly, all 

approvals for FAA actions within the 

ROD are also withdrawn. The Port 

Authority of New York and New Jersey 

must reinitiate any requests for FAA 

review and approval as necessary for all 

aspects of the Project contained within 

the now-withdrawn ROD should it wish 

to proceed with any component of the 

Project, in part or as a whole. 

DATES: The effective date of the FAA’s 

Withdrawal Order for the LGA Access 

Improvement Project ROD is September 

1, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Brooks, Environmental Program 

Manager, Eastern Regional Office, AEA– 

610, Federal Aviation Administration, 1 

Aviation Plaza, Jamaica, NY 11434. 

Telephone: 718–553–2511. 

SUPPLEMENTARY INFORMATION: In 2015, 

former New York Governor Andrew 

Cuomo convened an Airport Advisory 

Panel to address the deficiencies of LGA 

as a major transportation facility. The 

resulting report recommended that the 

redevelopment of LGA include new 

ways to access the airport, including a 

future AirTrain. 

In 2018, based on recommendations 

from the Airport Advisory Panel, the 

Port Authority of New York and New 

Jersey (Port Authority), as operator of 

LGA, proposed the Project to construct 

and operate a new Automated People 

Mover (APM) system to provide a 

reliable transit alternative for air 

passenger and employee access to the 

Airport. The Project would connect two 

on-Airport stations with an off-Airport 

transfer station at Willets Point. The offAirport station would provide 

connections to the Mets-Willets Point 

stations of the Long Island Railroad 

(LIRR) Port Washington Branch and the 

New York City Transit (NYCT) Subway 

Flushing Station (7 Line). The offAirport station would also provide a 

connection to a new off-Airport 

employee parking option located at 


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