Federal Register / Vol. 79, No. 64 / Thursday, April 3, 2014 / Notices 18755 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2014–0210] 

Airport Improvement Program (AIP) 

Grant Assurances 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of modification of 

Airport Improvement Program (AIP) 

grant assurances. 

SUMMARY: Changes have been made to 

the AIP grant assurances to conform the 

list of General Federal Requirements to 

the correct numbering of some of the 

documents that recently changed, to add 

recent legislation, to revise Assurance 

10 to conform to current statute, to 

clarify that Assurance 25, Airport 

Revenues, applies when an airport 

sponsor takes a grant for airport 

planning, and to note that Assurance 37 

applies to airport concession 

disadvantaged business enterprises. 

Assurance 20 of the Non-Airport 

Sponsor Assurances for Non-Airport 

Sponsors Undertaking Noise 

Compatibility Program Projects is also 

revised to delete paragraphs which 

discussed land purchased for airport 

development. 

In addition, on April 24, 2013, the 

Secretary of Transportation signed the 

DOT Standard Title VI Assurances and 

Non-Discrimination Provisions, Order 

1050.2A (Title VI Assurances). The Title 

VI Assurances were incorporated into 

the FAA Office of Civil Rights Order 

1400.11, the ‘‘Nondiscrimination in 

Federally-Assisted Programs at the 

Federal Aviation Administration 

Order,’’ which was published on August 

27, 2013. The changes to the AIP grant 

assurances in this Notice incorporate 

the Title VI Assurances. 

DATES: The FAA is modifying several 

grant assurances in order to (1) conform 

the list of General Federal Requirements 

to the correct numbering of some of the 

documents that were recently changed 

by the Office of Management and 

Budget; (2) update and conform with 

statute; and (3) incorporate the DOT 

Title VI Assurances. The FAA will 

implement these modified grant 

assurances upon publication of this 

notice to expedite processing fiscal year 

2014 grants under the Airport 

Improvement Program. The FAA will 

accept public comments concerning 

these modified grant assurances for 30 

days. Comments must be submitted on 

or before May 5, 2014. If necessary, in 

response to comments received, the 

FAA would adopt any appropriate 

revisions to these grant assurance 

modifications through publication of a 

future notice in the Federal Register. 

ADDRESSES: You may send comments 

[identified by Docket Number FAA– 

2014–XXXX] using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue SE., Washington, DC 

20590. 

• Fax: 1–202–493–2251. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Frank J. San Martin, Manager, Airports 

Financial Assistance Division, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591, telephone (202) 

267–3831; facsimile: (202) 267–5302. 

Authority for Grant Assurance 

Modifications 

This notice is published under the 

authority described in Subtitle VII, Part 

B, Chapter 471, Sections 47107 and 

47122 of Title 49 United States Code. 

SUPPLEMENTARY INFORMATION: A sponsor 

(applicant) seeking financial assistance 

in the form of an AIP grant for airport 

planning, airport development, noise 

compatibility planning or noise 

mitigation under 49 U.S.C., as amended, 

must agree to comply with certain 

assurances. These grant assurances are 

incorporated in, and become part of a 

sponsor’s grant agreement for federal 

assistance. As need dictates, the FAA 

modifies these assurances to reflect new 

Federal requirements. Notice of such 

modifications is published in the 

Federal Register, and an opportunity for 

public comment is provided. 

The assurances that apply to a 

sponsor depend on the type of sponsor. 

The three types of sponsor assurances 

are Airport Sponsor Assurances, NonAirport Sponsors Undertaking Noise 

Compatibility Program Projects, and 

Planning Agency Sponsors. 

The current assurances were 

published on February 3, 1988, at 53 FR 

3104 and amended on September 6, 

1988, at 53 FR 34361; on August 29, 

1989, at 54 FR 35748; on June 10, 1994 

at 59 FR 30076; on January 4, 1995, at 

60 FR 521; on June 2, 1997, at 62 FR 

29761; on August 18, 1999, at 64 FR 

45008; on March 29, 2005 at 70 FR 

15980; on March 18, 2011, at 76 FR 

15028; and on April 13, 2012 at 77 FR 

22376. 

A complete list of the current grant 

assurances can be viewed at: http:// 

www.faa.gov/airports/aip/ 

grant_assurances/. 

Discussion of AIP Grant Assurance 

Modifications 

The FAA is making four changes to 

the AIP grant assurances. These changes 

will be in effect for grants issued in 

fiscal year 2014 and beyond. 

The changes to the AIP grant 

assurances are as follows: 

1. Technical Non-Substantive Changes 

To Correct Some Minor Typographical 

Errors 

Because these have no change on the 

substance of the assurances, these 

changes have not been specifically 

called out. 

2. Addition of Assurance 25 to the List 

of Assurances That Apply to Airport 

Planning Undertaken by a Sponsor 

As stated in FAA’s Policy and 

Procedures Concerning the Use of 

Airport Revenue, 64 FR 7696 (February 

16, 1999), 49 U.S.C. 47133 applies the 

airport revenue-use requirements of 

§ 47107(b) to any airport that has 

received ‘‘Federal assistance.’’ The FAA 

considers the term ‘‘Federal assistance’’ 

to include airport planning grants that 

relate to a specific airport. Many airport 

sponsors take grants for airport planning 

projects. For a planning project, not all 

of the airport sponsor grant assurances 

apply, some project-specific assurances 

apply while the planning project is 

going on, and others continue to apply 

after the planning project is over. The 

previous version of the airport sponsor 

assurances did not list the revenue use 

provision (Assurance 25) as one of the 

assurances that apply for a planning 

project. Assurance 25 has been added to 

the list of assurances that continue past 

the completion of the planning projects. 

This change eliminates confusion by 

clarifying that if a sponsor is 

undertaking a planning project, it is 

subject to the published requirements 

for revenue use. 

Section B Duration and Applicability, 

(3) Airport Planning Undertaken by a 

Sponsor, now reads, 

‘‘Unless otherwise specified in this grant 

agreement, only Assurances 1, 2, 3, 5, 6, 13, 

18, 25, 30, 32, 33, and 34 in Section C apply 

to planning projects. The terms, conditions, 

and assurances of this grant agreement shall 

remain in full force and effect during the life 

of the project; there shall be no limit on the 


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18756 Federal Register / Vol. 79, No. 64 / Thursday, April 3, 2014 / Notices 

duration of the assurances regarding 

Exclusive Rights and Airport Revenue so 

long as the airport is used as an airport.’’ 

3. Administrative Changes to Assurance 

No. 1, General Federal Requirements 

In 2008, the drug-free workplace 

requirements were included in 49 CFR 

part 32, Governmentwide Requirements 

for Drug-Free Workplace (Financial 

Assistance). Also, in 2008, the 

Department of Transportation moved its 

nonprocurement suspension and 

debarment regulations from 49 CFR part 

29 to a new 2 CFR part 1200, and 

adopted the government-wide guidance 

on nonprocurement suspension and 

debarment in 2 CFR part 180 (73 FR 

24139, May 2, 2008). 

In 2013, the Office of Management 

and Budget (OMB) compiled a number 

of Circulars in 2 CFR part 200, including 

Circular A–87, ‘‘Cost Principles for 

State, Local, and Indian Tribal 

Governments,’’ and Circular A–133, 

‘‘Audits of States, Local Governments, 

and Non-Profit Organizations.’’ 

a. In Assurance No. 1, General Federal 

Requirements, Federal Regulations 

section, make the following changes: 

1. Delete the entry for: 49 CFR part 29, 

Government wide debarment and 

suspension (nonprocurement) and 

government wide requirements for drugfree workplace (grants); 

2. Add a new entry for: 2 CFR part 

1200—Nonprocurement Suspension and 

Debarment; 

3. Add a new entry for: 2 CFR part 

180—OMB Guidelines to Agencies on 

Governmentwide Debarment and 

Suspension (Nonprocurement); 

4. Add a new entry for: 49 CFR part 

32—Governmentwide Requirements for 

Drug-Free Workplace (Financial 

Assistance); 

5. Add a new entry for: 2 CFR part 

200—Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal Awards. 

b. In Assurance No. 1, General Federal 

Requirements, delete the Office of 

Management and Budget Circulars and 

its two entries. 

c. In Assurance No. 1, General Federal 

Requirements—Federal Legislation, add 

the Federal Funding Accountability and 

Transparency Act of 2006, as amended 

(Pub. L. 109–282, as amended by section 

6202 of Pub. L. 110–252). 

d. Reorder the entries of Assurance 1 

General Federal Requirements—Federal 

Regulations and Office of Management 

Budget Circulars into numerical order. 

4. Revision of Assurance 10. Air and 

Water Quality Standards 

The 2003 FAA reauthorization bill, 

the Vision 100—Century of Aviation 

Reauthorization Act, removed the 

specific statutory language requiring the 

chief executive officer of a state to 

certify that the airport development 

project will be designed, constructed, 

and operated in compliance with 

applicable air and water quality 

standards. The Act added in a 

requirement for a sponsor to provide a 

copy of a proposed amendment to the 

airport layout plan to a Metropolitan 

Planning Organization upon request. 

The Assurance has been revised to 

reflect these statutory changes. 

5. Incorporation of DOT Standard Title 

VI Assurances and Non-Discrimination 

Provisions (Title VI Assurances) 

The FAA modified the AIP grant 

assurances to incorporate the DOT 

Standard Title VI Assurances and NonDiscrimination Provisions, Order 

1050.2A (Title VI Assurances) that were 

signed by the Secretary of 

Transportation on April 24, 2013. These 

Title VI Assurances, which have since 

been incorporated into FAA Order 

1400.11, amend and augment FAA’s AIP 

grant assurances related to Title VI of 

the Civil Rights Act of 1964. 

To incorporate the Title VI 

Assurances, changes were made in the 

AIP Grant Assurances to Assurance 1 

and the Assurance 30, the Civil Rights 

Assurance. 

a. In Assurance No. 1, General Federal 

Requirements, Federal Legislation, the 

following changes are made to 

incorporate the Title VI Assurances: 

1. Add a new entry for: Title VI of the 

Civil Rights Act of 1964 (42 U.S.C. 

2000d et seq., 78 stat. 252) (prohibits 

discrimination on the basis of race, 

color, national origin); and 

2. Add a new entry for: Americans 

with Disabilities Act of 1990, as 

amended, (42 U.S.C. 12101 et seq.), 

prohibits discrimination on the basis of 

disability). 

b. In Assurance No. 1, General Federal 

Requirements, Federal Regulations, the 

following changes are made to 

incorporate the Title VI Assurances: 

1. Add a new entry for: 28 CFR 50.3— 

U.S. Department of Justice Guidelines 

for Enforcement of Title VI of the Civil 

Rights Act of 1964. 

2. Add a new entry for: 28 CFR part 

35—Discrimination on the Basis of 

disability in State and Local 

Government Services. 

3. Add a new entry for: 49 CFR part 

28—Enforcement of Nondiscrimination 

on the Basis of Handicap in Programs or 

Activities conducted by the Department 

of Transportation. 

4. Add a new entry for: 49 CFR part 

37—Transportation Services for 

Individuals with Disabilities (ADA). 

The AIP Grant Assurances previously 

required a sponsor to comply with rules 

preventing persons from being excluded 

on the grounds of race, creed, color, 

national origin, sex, age, or disability 

from participating in any activity 

conducted with or benefitting from the 

funds received from AIP grants. This 

requirement continues unchanged, but 

the protections are being extended to 

the programs, facilities and activities of 

the sponsor, so long as any portion of 

the program is grant funded or 

otherwise is federally-assisted. The Title 

VI Assurances require that sponsors 

insert specific civil rights language into 

all contracting documents including 

bids, Requests for Proposals, and 

proposals. Specific contract provisions 

are also required for the acquisition or 

transfer of real property, whether or not 

these projects include federal assistance. 

The revised Civil Rights Assurance 

specifies when specific contract clauses 

are required. 

Identical changes are made to 

Assurance 17, Civil Rights, in the NonAirport Sponsors Undertaking Noise 

Compatibility Program Projects 

Assurances and Assurance 9, Civil 

Rights, in the Planning Agency Sponsor 

Assurances. The Civil Rights Assurance 

language is replaced with the following: 

30. Civil Rights. 

It will promptly take any measures 

necessary to ensure that no person in the 

United States shall, on the grounds of race, 

creed, color, national origin, sex, age, or 

disability be excluded from participation in, 

be denied the benefits of, or be otherwise 

subjected to discrimination in any activity 

conducted with, or benefiting from, funds 

received from this grant. 

a. Using the definitions of activity, facility 

and program as found in as defined in 

§§ 21.23 (b) and 21.23 (e) of 49 CFR part 21, 

it will facilitate all programs, operate all 

facilities, or conduct all programs in 

compliance with all non-discrimination 

requirements imposed by, or pursuant to 

these assurances. 

b. Applicability 

(1) Programs and Activities. If the sponsor 

has received a grant (or other federal 

assistance) for any of the sponsor’s program 

or activities, these requirements extend to all 

of the sponsor’s programs and activities. 

(2) Facilities. Where it receives a grant or 

other federal financial assistance to 

construct, expand, renovate, remodel, alter or 

acquire a facility, or part of a facility, the 

assurance extends to the entire facility and 

facilities operated in connection therewith. 

(3) Real Property. Where the sponsor 

receives a grant or other Federal financial 

assistance in the form of, or for the 

acquisition of real property or an interest in 

real property, the assurance will extend to 

rights to space on, over, or under such 

property. 

c. Duration. 


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The sponsor agrees that it is obligated to 

this assurance for the period during which 

Federal financial assistance is extended to 

the program, except where the Federal 

financial assistance is to provide, or is in the 

form of, personal property, or real property, 

or interest therein, or structures or 

improvements thereon, in which case the 

assurance obligates the sponsor, or any 

transferee for the longer of the following 

periods: 

(1) So long as the airport is used as an 

airport, or for another purpose involving the 

provision of similar services or benefits; or 

(2) So long as the sponsor retains 

ownership or possession of the property. 

d. Required Solicitation Language. It will 

include the following notification in all 

solicitations for bids, Requests For Proposals 

for work, or material under this grant 

agreement and in all proposals for 

agreements including airport concessions, 

regardless of funding source: 

‘‘The (Name of Sponsor), in accordance 

with the provisions of Title VI of the Civil 

Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 

2000d to 2000d–4) and the Regulations, 

hereby notifies all bidders that it will 

affirmatively ensure that any contract entered 

into pursuant to this advertisement, 

disadvantaged business enterprises and 

airport concession disadvantaged business 

enterprises will be afforded full and fair 

opportunity to submit bids in response to 

this invitation and will not be discriminated 

against on the grounds of race, color, or 

national origin in consideration for an 

award.’’ 

e. Required Contract Provisions. 

(1) It will insert the non-discrimination 

contract clauses requiring compliance with 

the acts and regulations relative to nondiscrimination in Federally-assisted 

programs of the DOT, and incorporate the 

acts and regulations into the contracts by 

reference in every contract or agreement 

subject to the non-discrimination in 

Federally-assisted programs of the DOT acts 

and regulations. 

(2) It will include a list of the pertinent 

non-discrimination authorities in every 

contract that is subject to the nondiscrimination acts, statutes, and regulations. 

(3) It will insert non-discrimination 

contract clauses as a covenant running with 

the land, in any deed from the United States 

effecting or recording a transfer of real 

property, structures, use, or improvements 

thereon or interest therein to a sponsor. 

(4) It will insert non-discrimination 

contract clauses prohibiting discrimination 

on the basis of race, creed, sex, age, 

disability, color, or national origin as a 

covenant running with the land, in any 

future deeds, leases, license, permits, or 

similar instruments entered into by the 

sponsor with other parties: 

(a) For the subsequent transfer of real 

property acquired or improved under the 

applicable activity, project, or program; and 

(b) For the construction or use of, or access 

to, space on, over, or under real property 

acquired or improved under the applicable 

activity, project, or program. 

It will provide for such methods of 

administration for the program as are found 

by the Secretary to give reasonable guarantee 

that it, other recipients, sub-recipients, subgrantees, contractors, subcontractors, 

consultants, transferees, successors in 

interest, and other participants of Federal 

financial assistance under such program, will 

comply with all requirements imposed or 

pursuant to the acts, the regulations, and this 

assurance. 

f. It agrees that the United States has a right 

to seek judicial enforcement with regard to 

any matter arising under the acts, the 

regulations, and this assurance. 

6. Modification of Assurance 37 

Assurance 37, the Disadvantaged 

Business Enterprises assurance has been 

modified to specifically note that the 

assurance applies to airport concession 

disadvantaged business enterprises. 

7. Modification of Assurance 20 for 

Non-Airport Sponsors Undertaking 

Noise Compatibility Program Projects 

Paragraphs b and c of Assurance 20, 

Disposal of Land, have been deleted 

because these two paragraphs deal 

expressly about land that is acquired for 

airport development. Non-Airport 

Sponsors undertaking noise 

compatibility projects cannot undertake 

airport development projects and these 

two paragraphs were deleted. Paragraph 

d has been renumbered paragraph b. 

* * * * * 

Issued in Washington, DC, on: March 28, 

2014. 

Elliott Black, 

Acting Director, Office of Airport Planning 

and Programming. 

[FR Doc. 2014–07462 Filed 4–2–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Membership in the National Parks 

Overflights Advisory Group Aviation 

Rulemaking Committee 

AGENCY: Federal Aviation 

Administration, Transportation, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) and the National 

Park Service (NPS) are inviting 

interested persons to apply to fill one 

existing opening and one upcoming 

opening on the National Parks 

Overflights Advisory Group (NPOAG) 

Aviation Rulemaking Committee (ARC) 

to represent environmental concerns. 

Selected members will each serve 3-year 

terms. 

DATES: Persons interested in applying 

for the NPOAG openings representing 

environmental concerns need to apply 

by May 15, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Keith Lusk, Special Programs Staff, 

Federal Aviation Administration, 

Western-Pacific Region Headquarters, 

P.O. Box 92007, Los Angeles, CA 

90009–2007, telephone: (310) 725–3808, 

email: Keith.Lusk@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Parks Air Tour 

Management Act of 2000 (the Act) was 

enacted on April 5, 2000, as Public Law 

106–181. The Act required the 

establishment of the advisory group 

within 1 year after its enactment. The 

NPOAG was established in March 2001. 

The advisory group is comprised of a 

balanced group of representatives of 

general aviation, commercial air tour 

operations, environmental concerns, 

and Native American tribes. The 

Administrator of the FAA and the 

Director of NPS (or their designees) 

serve as ex officio members of the 

group. Representatives of the 

Administrator and Director serve 

alternating 1-year terms as chairman of 

the advisory group. 

In accordance with the Act, the 

advisory group provides ‘‘advice, 

information, and recommendations to 

the Administrator and the Director— 

(1) On the implementation of this title 

[the Act] and the amendments made by 

this title; 

(2) On commonly accepted quiet 

aircraft technology for use in 

commercial air tour operations over a 

national park or tribal lands, which will 

receive preferential treatment in a given 

air tour management plan; 

(3) On other measures that might be 

taken to accommodate the interests of 

visitors to national parks; and 

(4) At the request of the Administrator 

and the Director, safety, environmental, 

and other issues related to commercial 

air tour operations over a national park 

or tribal lands.’’ 

Membership 

The NPOAG ARC is made up of one 

member representing general aviation, 

three members representing the 

commercial air tour industry, four 

members representing environmental 

concerns, and two members 

representing Native American interests. 

Current members of the NPOAG ARC 

are as follows: 

The current NPOAG consists of Heidi 

Williams representing general aviation; 

Alan Stephen, Mark Francis, and 

Matthew Zuccaro representing 

commercial air tour operators; Greg 


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