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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices 63195 

Willets Point. After preparing an 

Environmental Impact Statement (EIS), 

the FAA signed a ROD approving the 

Project on July 20, 2021. 

Following the issuance of the ROD, 

New York Governor Kathy Hochul 

directed the Port Authority to review 

alternative mass transit options to the 

Airport. In November 2021, per the 

governor’s request, the Port Authority 

assembled a 3-person panel to oversee 

the study and provide recommendations 

based on the study’s results. 

In March 2023, the Port Authority 

released the ‘‘Options for Mass Transit 

Solutions to LGA’’ report, which 

included the panel’s independent 

analysis of 14 different mass transit 

options to LGA. The panel 

recommended that the Port Authority 

proceed with implementing 

improvements to the existing 

Metropolitan Transportation Authority 

(MTA) Q70 LaGuardia Link bus service 

and constructing a new non-stop airport 

shuttle service from Ditmars Boulevard, 

the terminus of the N/W subway line in 

Astoria, Queens. Due to foreseeable 

construction and cost constraints, the 

expert panel recommended that the Port 

Authority focus on improving bus 

services at LGA in the near-term to 

provide more efficient transit 

capabilities, and to focus on 

implementing the shuttle service in the 

long-term. The Port Authority indicates 

that improved bus service is projected to 

serve approximately 5 million 

passengers annually and cost an 

estimated $500 million compared to 

costs ranging from $2.4 billion to $6.2 

billion for alternative light rail options 

(Port Authority Board of Commissioners 

Approves $30 Million for Planning and 

Preliminary Design to Improve Mass 

Transit Access to LaGuardia Airport, 

https://www.panynj.gov/port-authority/ 

en/press-room/press-release-archives/ 

2022-press-releases1/port-authorityboard-of-commissioners-approves--30- 

million-for-p.html). On June 22, 2023, 

the Port Authority Board of 

Commissioners approved $30 million in 

funding to plan and develop 

preliminary designs for the bus service 

improvements at LGA as recommended 

by the panel. On July 20, 2023, the Port 

Authority 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 

improvements from the ‘‘Options for 

Mass Transit Solutions to LGA’’ report. 

Based on consideration of this 

substantial new information and the 

changed circumstances concerning the 

Port Authority’s planned access 

improvements at LGA as discussed 

above, the July 2021 ROD for the LGA 

Access Improvement Project has been 

withdrawn. Accordingly, all approvals 

for FAA actions within the ROD are also 

withdrawn. The Port Authority must 

reinitiate any requests for FAA review 

and approval as necessary for all aspects 

of the Project contained within the nowwithdrawn ROD should it wish to 

proceed with any component of the 

Project, in part or as a whole. 

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. 

Issued in Jamaica, New York, September 8, 

2023. 

Evelyn Martinez, 

Manager, New York Airports District Office, 

Eastern Region. 

[FR Doc. 2023–19850 Filed 9–13–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0190] 

Appeal Process for Requests for Data 

Review 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice; request for comments. 

SUMMARY: FMCSA proposes the 

development and implementation of a 

Federal appeals process for Requests for 

Data Review (RDRs) submitted to the 

Agency through its DataQs system. 

DataQs is the online system for motor 

carriers, commercial motor vehicle 

drivers and other interested parties to 

request and track a review of Federal 

and State crash and inspection data 

submitted to and stored by FMCSA that 

the requester believes is incomplete or 

incorrect. The proposed review process 

would provide users with an 

opportunity to have their requests 

reviewed by FMCSA after the request 

has been reviewed and denied after 

reconsideration by the State agency. 

FMCSA would include requirements for 

ensuring an independent review of all 

requests. The outcome of the FMCSA 

review would be deemed final. FMCSA 

requests public comments on the 

proposed process. 

DATES: Comments must be received on 

or before November 13, 2023. 

ADDRESSES: You may submit comments 

identified by docket number FMCSA– 

2023–0190 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0190/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

DOT, 1200 New Jersey Avenue SE, West 

Building, Ground Floor, Washington, 

DC 20590–0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. DOT, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To be sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: 

Scott Valentine, Data Quality Program 

Manager, Analysis Division, Office of 

Analysis, Research and Technology, 

FMCSA, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, (202) 366– 

4869, Scott.Valentine@dot.gov. If you 

have questions regarding viewing or 

submitting material to the docket, 

contact Dockets Operations, (202) 366– 

9826. 

SUPPLEMENTARY INFORMATION: 

FMCSA organizes this notice as 

follows: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy 

II. Abbreviations 

IV. Background 

A. Overview of FMCSA Data Systems 

B. DataQs 

C. Current Process for Review of Requests 

in DataQs 

D. The Call for an Independent Appeal 

Process 

V. Proposal for FMCSA Appeal Process 

A. Proposed Process and Acceptance 

Criteria 

VI. Independent Review for RDR 

Reconsiderations 

VII. Comments Sought 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2023–0190), indicate 

the specific section of this document to 

which your comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online or by fax, 


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