[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Notices]
[Pages 23687-23690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08421]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket #FAA-2022-0410]


Notice of Funding Opportunity

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

ACTION: Notice of funding opportunity.

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SUMMARY: The Department of Transportation (DOT), Federal Aviation 
Administration (FAA), announces the opportunity to apply for $20 
million in FY 2022 Airport Infrastructure Grant funds for the newly 
established FAA Contract Tower (FCT) Competitive Grant Program, made 
available under the Infrastructure Investment and Jobs Act of 2021 
(IIJA), 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, FCT Competitive Grant Program will align with DOT's 
Strategic Framework FY2022-2026 at www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework. The FY 
2022 FCT Competitive Grant Program will be implemented, as appropriate 
and consistent with law, in alignment with the priorities in the 
Executive Order, Implementation of the Infrastructure Investments and 
Jobs Act, which are to invest efficiently and equitably, promote the 
competitiveness of the U.S. economy, improve job opportunities by 
focusing on high labor standards, strengthen infrastructure resilience 
to all hazards, including climate change, and to effectively coordinate 
with State, local, Tribal, and territorial government partners.

DATES: Airport sponsors that wish to be considered for FY 2022 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, May 16, 2022. Submit applications 
electronically at https://www.faa.gov/bil/airport-infrastructure/fct 
per instructions in this NOFO.

FOR FURTHER INFORMATION CONTACT: Robin K. Hunt, BIL Implementation 
Team, FAA Office of Airports, at (202) 267-3263 or our FAA BIL email 
address: <a href="/cdn-cgi/l/email-protection#fcc5d1bdaeacd1beb5b0bd958e8c938e888fbc9a9d9dd29b938a"><span class="__cf_email__" data-cfemail="d5ecf8948785f8979c9994bca7a5baa7a1a695b3b4b4fbb2baa3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

[[Page 23688]]

A. Program Description

    BIL established the FCT Competitive 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 relocated 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.
    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 Code of Federal Regulations (CFR) Part 
200--Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards the AIP Federal Assistance Listings 
Number is 20.106, with the objective to assist eligible airports in the 
development and improvement of a nationwide system that adequately 
meets the needs of civil aeronautics. The FY 2022 FCT Competitive Grant 
Program 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 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 
pavement and construction materials as allowable, and reduce pollution.

B. Federal Award Information

    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 airport-
owned Airport Traffic Control Tower (ATCT) that sustain, construct, 
repair, improve, rehabilitate, modernize, replace, or relocated 
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, 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 (NAS). In addition, these projects will 
also be evaluated based on overall impact on the NAS 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 will publish a NOFO annually to announce additional funding 
made available, $20 million per year, for Fiscal Years 2023-2026.

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. This includes a public agency, private entity, and State agency, 
Indian Tribe or Pueblo owning a public-use National Plan of Integrated 
Airport System (NPIAS) airport, the Secretary of the Interior for 
Midway Island Airport, the Republic of the Marshall Islands, Federated 
States of Micronesia, and Republic of Palau.

2. Cost Sharing or Matching

    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 relocated 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.
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    \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 (NAS). Remote Tower information 
is located at www.faa.gov/airports/planning_capacity/non_federal/remote_tower_systems/.
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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) (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: <a href="/cdn-cgi/l/email-protection#e2dbcfa3b0b2cfa0abaea38b90928d909691a2848383cc858d94"><span class="__cf_email__" data-cfemail="e9d0c4a8bbb9c4aba0a5a8809b99869b9d9aa98f8888c78e869f">[email protected]</span></a>.

2. Content and Form of Application Submission

    Applicants will be required to submit information contained in FAA 
Form 5100-144, Bipartisan Infrastructure Law, Airport Terminal and 
Tower Project Information. This form is provided to assist airports in 
completing the submission requirements established in this NOFO. 
Application instructions and the form can be found at: 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,

[[Page 23689]]

scroll to the bottom of the form and press the ``submit'' button. The 
form will be automatically emailed to the FAA BIL Team for review and 
evaluation, or as a backup, email the form manually to: <a href="/cdn-cgi/l/email-protection#10293d5142403d52595c517962607f626463507671713e777f66"><span class="__cf_email__" data-cfemail="d5ecf8948785f8979c9994bca7a5baa7a1a695b3b4b4fbb2baa3">[email protected]</span></a>.
    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 who should submit an 
application, via the procedures noted above.

3. Unique Entity Identifier and System for Award Management (SAM)

    Applicants must comply with 2 CFR part 25--Universal Identifier and 
System for Award Management. All applicants must have a unique entity 
identifier provided by SAM. Additional information about obtaining a 
Unique Entity Identifier (UEI) and registration procedures may be found 
at the SAM website (currently at http://www.sam.gov). Each applicant is 
required to: (1) Be registered in SAM; (2) provide a valid UEI prior to 
grant award; and (3) continue to maintain an active SAM registration 
with current information at all times during which the applicant has an 
active Federal award or an application or plan under consideration by 
the FAA. Under the 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 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 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 2022 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 May 16, 2022. Submit applications electronically 
at https://www.faa.gov/bil/airport-infrastructure/fct per instructions 
in this NOFO. Airports that submitted projects under the FY 2022 
Airport Terminal Program NOFO (87 FR 10890), 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.

E. Application Review Information

1. Criteria

    Applications for FY 2022 FCT Competitive Grant Program will be 
rated using the following criteria:
    i. Must meet eligibility requirements under the FCT Competitive 
Grant Program outlined under Sections C.1 and C.3 above.
    ii. Timeliness of implementation, with priority given to those 
projects that can satisfy all statutory and administrative requirements 
for grant award in FY 2022 or early FY2023.
    iii. ATCT projects will be evaluated based on overall impact on the 
NAS including age of facility, operational constraints, nonstandard 
facilities 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); use of project 
labor agreements; distribution of workplace rights notices; 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. 
FAA will consider this information in evaluating the application.
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    \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.
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2. Review and Selection Process

    Applications will be evaluated based on the information submitted 
related to the above criteria in E.1 to ensure responsiveness to this 
NOFO and the intent of the FCT Competitive Grant Program. Federal 
awarding agency personnel will evaluate applications based on how well 
the projects meet the criteria in E.1, including project eligibility, 
justification, and readiness. The FAA will also consider projects that 
advance the goals of the following Executive Orders: The President's 
January 20, 2021, Executive Order 13990, ``Protecting Public Health and 
the Environment and Restoring Science to Tackle the Climate Crisis''; 
the President's January 20, 2021, Executive Order 13985, ``Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government''; the President's January 27, 2021, Executive Order 
14008, ``Tackling the Climate Crisis at Home and Abroad''; and the 
President's July 9, 2021, Executive Order 14036, ``Promoting 
Competition in the American Economy.''

3. Integrity and Performance Check

    Prior to making a Federal award with a total amount of Federal 
share greater than the simplified acquisition threshold, FAA is 
required to review

[[Page 23690]]

and consider any information about the applicant that is in the 
designated integrity and performance system accessible through SAM 
(currently FAPIIS) (see 41 U.S.C. 2313). An applicant, at its option, 
may review information in the designated integrity and performance 
systems accessible through SAM and comment on any information about 
itself that a Federal awarding agency previously entered. FAA will 
consider any comments by the applicant, in addition to the other 
information in the designated integrity and performance system, in 
making a judgment about the applicant's integrity, business ethics, and 
record of performance under Federal awards when completing the review 
of risk posed by applicants as described in Sec.  200.206.

F. Federal Award Administration Information

1. Federal Award Notices

    BIL awards are announced through a Congressional notification 
process and a DOT Secretary's Notice of Intent to Fund. The FAA RO/ADO 
representative will contact the airport with further information and 
instructions. Once all pre-grant actions are complete, the FAA RO/ADO 
will offer the airport sponsor a grant for the announced project. This 
offer may be provided through postal mail or by electronic means. Once 
this offer is signed by the airport sponsor, it becomes a grant 
agreement. Awards made under this program are subject to conditions and 
assurances in the grant agreement.

2. Administrative and National Policy Requirements

i. Pre-Award Authority
    Costs incurred after the enactment of BIL, November 15, 2021, are 
eligible for reimbursement under the FCT Competitive Grant Program.
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 Infrastructure 
Investment and Jobs Act; the Department of Transportation's 
Disadvantaged Business Enterprise (DBE) Program regulations for 
airports (49 CFR part 23 and 49 CFR part 26); and prevailing wage rate 
requirements under the Davis-Bacon Act, as amended (40 U.S.C. 276a-
276a-5, and reenacted at 40 U.S.C. 3141-3144, 3146, and 3147).
iii. Standard Assurances
    Each grant recipient must assure that it will comply with all 
applicable Federal statutes, regulations, executive orders, directives, 
FAA circulars, and other Federal administrative requirements in 
carrying out any project supported by the 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 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/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf.
    The grant recipient must comply with annual audit reporting 
requirements. The grant recipient and sub-recipients, if applicable, 
must comply with 2 CFR part 200 subpart F Audit Reporting Requirements. 
The grant recipient must comply with any requirements outlined in 2 CFR 
part 180, Office of Management and Budget (OMB) Guidelines to Agencies 
on Government wide Debarment and Suspension.

G. Federal Awarding Agency Contact(s)

    For further information concerning this notice, please contact the 
FAA BIL Implementation Team via email at: <a href="/cdn-cgi/l/email-protection#3b02167a696b167972777a52494b54494f487b5d5a5a155c544d"><span class="__cf_email__" data-cfemail="4c75610d1e1c610e05000d253e3c233e383f0c2a2d2d622b233a">[email protected]</span></a>. In 
addition, FAA will post answers to frequently asked questions and 
requests for clarifications on FAA's website at https://www.faa.gov/bil. To ensure applicants receive accurate information about 
eligibility of the program, the applicant is encouraged to contact FAA 
directly, rather than through intermediaries or third parties, with 
questions.
    All applicants should have a plan to address potential cost 
overruns as part of an overall funding plan.

    Issued in Washington, DC, on April 15, 2022.
Robin K. Hunt,
Manager, FAA Office of Airports BIL Implementation Team.
[FR Doc. 2022-08421 Filed 4-19-22; 8:45 am]
BILLING CODE 4910-13-P


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