23690 Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 / Notices 

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 

§ 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-paymentpolicy.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: 9- 

ARP-BILAirports@faa.gov. 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No: FAA–2022–0223] 

FY 2022 Competitive Funding 

Opportunity: Airport Improvement 

Program Discretionary Grants 

AGENCY: Federal Aviation 

Administration, U.S. Department of 

Transportation. 

ACTION: Notice of funding opportunity. 

SUMMARY: The U.S. Department of 

Transportation’s Federal Aviation 

Administration (FAA) announces the 

opportunity to apply for approximately 

$1.5 billion in Fiscal Year (FY) 2022 

discretionary grants under the Airport 

Improvement Program (AIP). FAA will 

award these annually appropriated 

discretionary funds through the FAA’s 

long-standing iterative, competitive 

grant process. Prior to the publication of 

this Notice of Funding Opportunity 

(NOFO), the FAA identified eligible 

applicants in its National Plan of 

Integrated Airport Systems (NPIAS) and 

compiled potentially eligible projects 


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through the 3-year Airports Capital 

Improvement Plan (ACIP). Both of these 

processes are described in FAA Order 

5090.5, Formulation of NPIAS and ACIP 

that authorizes discretionary funds. The 

AIP funds airport capital improvements 

and rehabilitation projects. All 

discretionary grant funding is subject to 

appropriations, statutory requirements, 

and related program funding 

availability. 

DATES: Sponsors that wish to be 

considered for all opportunities for 

discretionary funding throughout FY 

2022 should submit applications that 

meet NOFO requirements as soon as 

possible, but no later than Thursday, 

June 30, 2022, 11:59 Eastern time to 

FAA Regional or Airport District offices 

per instructions in this NOFO. The FAA 

will consider all applications properly 

submitted prior to this NOFO. 

Discretionary grant applications should 

be based on bids. 

FOR FURTHER INFORMATION CONTACT: 

David F. Cushing, Manager, Airports 

Financial Assistance Division, APP– 

500, at (202) 267–8827. 

SUPPLEMENTARY INFORMATION: 

A. Program Description 

Under 49 U.S.C. 47104, the FAA may 

issue grants for airport planning and 

development in the United States. 

Eligible projects include those 

improvements related to enhancing 

airport safety, capacity, security, and 

environmental concerns. In addition, 49 

U.S.C. 47101(1) states that it is the 

policy of the United States that the safe 

operation of the airport and airways 

system is the highest aviation priority, 

and 49 U.S.C. 47101(7) states that 

airport construction and improvement 

projects that increase the capacity of 

facilities to accommodate passenger and 

cargo traffic be undertaken to the 

maximum feasible extent so that safety 

and efficiency increase and delays 

decrease. The FAA’s safety mission is 

incorporated into many aspects of the 

AIP program including, for example: 

Justification requirements for safety and 

security projects, allowance for certain 

Safety Management System (SMS) and 

Safety Risk Management (SRM) costs, 

and allowance for safety and security 

equipment projects. Within 

discretionary funding, safety is 

incorporated as a scoring factor in the 

quantitative formula, which is the 

National Priority Rating (NPR) 

discussed below. 

The AIP provides grants to public 

agencies—and, in some cases, to private 

owners and entities—for the planning 

and development of public-use airports 

that are included in the NPIAS. The AIP 

was authorized by the Airport and 

Airway Improvement Act of 1982 (Pub. 

L. 97–248), which Congress recodified 

in 1994 as 49 U.S.C. 47101, et seq. (Pub. 

L. 103–272). The AIP statutes have been 

amended several times, most recently 

with the passage of the FAA 

Reauthorization Act of 2018 (Pub. L. 

115–254) and subsequent legislation. 

The AIP Assistance Listing is 20.106, 

with the objective to assist sponsors, 

owners, or operators of public-use 

airports in the development of a 

nationwide system of airports sufficient 

to meet the needs of civil aeronautics. 

This includes preserving existing airport 

infrastructure in a safe and functional 

operational condition; bringing airport 

facilities into conformity with current 

federal safety standards; constructing, 

modifying, or expanding facilities as 

necessary to meet demonstrated 

aeronautical demand; enhancing 

environmental sustainability; and 

providing a balanced system of airports 

to meet the roles and functions 

necessary to support civil aeronautical 

demand. 

The FY 2022 AIP will be 

implemented, as appropriate and 

consistent with AIP statutory criteria 

and Executive Order 14008, Tackling 

the Climate Crisis at Home and Abroad 

(86 FR 7619). In addition to promoting 

safety, FAA seeks to fund projects 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 efficient transportation design, 

support airport development compatible 

with the use of sustainable aviation 

fuels and technologies, increase climate 

resilience, incorporate sustainable 

pavement and construction materials as 

allowable, reduce pollution, and direct 

the benefits of these investments 

equitably. Specifically for AIP, the FAA 

encourages applicants to consider how 

a proposed project directs benefits of 

investments in Voluntary Airport Low 

Emission (VALE) and Zero Emissions 

Vehicle (ZEV) programs to 

disadvantaged communities and ensures 

meaningful public engagement, under 

Executive Order 14008, section 223, 

recognizing that these limited programs 

direct vehicles for primarily on-airport 

uses. 

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 and 

underserved communities in rural areas. 

All recipients of federal funding are 

subject to Title VI of the Civil Rights Act 

of 1964, and accompanying regulations; 

the Americans with Disabilities Act; 

Section 504 of the Rehabilitation Act of 

1973; and the associated terms and 

conditions of any new grant agreements 

pursuant to this NOFO as well as prior 

agreements for AIP grants executed by 

grantees. See also 28 CFR 50.3 (U.S. 

Department of Justice Guidelines for 

Enforcement of Title VI of the Civil 

Rights Act of 1964); and 49 CFR part 28 

(entitled Enforcement of 

Nondiscrimination On The Basis Of 

Handicap in Programs or Activities 

Conducted by the Department of 

Transportation). In certain 

circumstances, failure to ensure that 

Limited English Proficiency (LEP) 

persons can effectively participate in or 

benefit from federally assisted programs 

and activities may violate the 

prohibition under Title VI of the Civil 

Rights Act of 1964, 42 U.S.C. 2000d, and 

Title VI regulations against national 

origin discrimination. 

Due to the agency’s implementation of 

the AIP statutory process for 

determining discretionary funding 

awards, the FAA did not previously 

issue NOFOs for competitive grants. 

This is the first fiscal year the FAA is 

issuing a NOFO for this well-established 

capital infrastructure program. 

B. Federal Award Information 

On average, for the last ten years, 

$3.35 billion has been appropriated 

annually for AIP. AIP grants include 

both apportioned (or entitlement) and 

discretionary (or competitive) funds. 

Apportioned funds are allocated in 

accordance with 49 U.S.C. 47114, based 

on an airport’s size and level of activity. 

Discretionary funds are made available 

in accordance with 49 U.S.C. 47115 and 

49 U.S.C. 47117. 

Public Law 115–254, titled ‘‘FAA 

Reauthorization Act of 2018,’’ 

authorizes $3.35 billion in funding 

authority for the AIP to administer 

grants for airport planning, 

development, and noise compatibility 

planning and programs each fiscal year 

from October 1, 2018, through 

September 30, 2023. 

This NOFO is being issued under the 

Consolidated Appropriations Act, 2022 

(Pub. L. 117–103). Funding beyond the 

current available program amount, is 

subject to appropriations and the 

availability of future funds. 

In FY 2021, 404 discretionary grants 

were issued, totaling approximately $1.5 

billion. The discretionary grants ranged 

in amount from $25,000 to $37,000,000. 


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The average AIP discretionary grant was 

$4,000,000. In FY 2022, the FAA 

anticipates awarding discretionary 

grants beginning in April 2022 with an 

individual grant 4-year period of 

performance. 

The AIP is an annual program, and 

AIP projects are funded based on a 

planning process described in Order 

5090.5, Formulation of NPIAS and 

ACIP. In this process, the FAA works 

with potential award recipients on 

eligible and justified development 

needs. 

The FAA uses the NPIAS to identify 

airports that have a role in the National 

Airspace System (NAS) and all potential 

airport development projects that are 

eligible for AIP funding at those 

airports. The FAA formulates a 3-year 

ACIP to guide the assignment of AIP 

funding to projects based on airport 

development needs identified in the 

NPIAS. The 3-year ACIP, as a subset of 

the NPIAS, is an annual process for 

reviewing the NPIAS for development 

project needs. From this ACIP the FAA 

identifies candidates that are ready to 

accept a grant, including those that may 

apply for discretionary funding. 

Discretionary funding includes 5 types 

of set-aside funding categories, further 

described in Section D. 5. The process 

begins with each eligible airport 

operator submitting its individual 

airport capital improvement plan, and 

follows with the formulation of the 

NPIAS Report, the National ACIP, and 

the Discretionary Candidate List (DCL). 

The DCL accounts for all AIP projects 

competing for discretionary funding for 

the first year of the 3-year ACIP. The 

DCL is prioritized based on quantitative 

and qualitative criteria, which are 

discussed in greater detail in NOFO 

section E. 1. and E. 2. 

C. Eligibility Information 

1. Eligible Applicants 

Eligible applicants are public agencies 

owning a public-use NPIAS airport; 

private entities owning a public-use 

NPIAS airport; States acting as a 

sponsor for one or more specific NPIAS 

airports in the State; Indian tribes or 

pueblos owning or leasing a public-use 

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, and other applicants 

as outlined in Table 2–1 of Order 

5100.38, Airport Improvement Program 

Handbook ‘‘AIP Handbook’’ available at: 

https://www.faa.gov/airports/aip/aip_

handbook/. 

2. Cost Sharing or Matching 

AIP grants generally have Federal 

shares ranging from 70 percent to 95 

percent. The Federal share percentage is 

based on the airport size and type of 

project per statute. Federal share by 

airport and project type can be found in 

Chapter 4 of the AIP handbook. 

3. Project Eligibility 

Discretionary funds are made 

available in accordance with 49 U.S.C. 

47115, 49 U.S.C. 47117, and 49 U.S.C. 

47120 to fund needs that exceed an 

airport’s available apportioned funds. 

Apportioned funds are allocated in 

accordance with 49 U.S.C. 47114 and 

must be used on an airport’s highest 

priority project(s). Discretionary funding 

is determined after entitlement funding 

has been determined. However, the FAA 

reviews both discretionary grants and 

entitlement grants for eligibility and 

justification per the statutory ACIP 

process as described below. 

All projects funded with AIP must be 

justified and eligible under 49 U.S.C. 

48103, as further outlined in Chapter 3 

of the AIP Handbook. Eligible projects 

include those improvements related to 

enhancing airport safety, capacity, 

security, and environmental 

sustainability as well as evidence 

showing compliance with federal civil 

rights laws. In general, sponsors can 

receive AIP funds for most airfield 

capital improvements or rehabilitation 

projects and, in some specific situations, 

for terminals, hangars, and nonaviation 

development. Certain professional 

services that are necessary for eligible 

projects (such as planning, surveying, 

and design) may also be eligible. The 

FAA must be able to determine a 

proposed project is justified based on 

civil aeronautical demand. The projects 

must also meet Federal environmental, 

Buy American, and 2 CFR part 200 

procurement requirements. 

The discretionary planning process is 

a subset of the ACIP formulation 

process. Funds are assigned to projects 

in the ACIP based on project priority, 

funding types, and project type. 

Assignment of funds in the ACIP does 

not guarantee funding. Funding levels 

may vary based on annual 

appropriations. Discretionary projects in 

the ACIP are evaluated for priority and 

readiness in accordance with the AIP 

Handbook. Inclusion of a project in the 

national ACIP does not constitute a 

commitment of Federal funding. For a 

project to be funded under AIP, it must 

meet the prerequisites for funding, as 

found in the AIP Handbook ‘‘Table 3– 

1—The General Requirements for 

Project Funding.’’ These prerequisites 

include, but are not limited to, the 

project being included in the airport’s 

approved layout plan, an environmental 

determination, all necessary airspace 

studies, title to land, the satisfaction of 

intergovernmental review and airport 

user consultation requirements, and 

reasonable project readiness. For the 

complete list, refer to the Handbook 

Table 3–1, available at https://

www.faa.gov/airports/aip/aip_

handbook/?Chapter=3#S0301. The 

release of funds for each individual 

grant project is contingent upon grant 

recipients meeting all of these 

prerequisite milestones. 

D. Application and Submission 

Information 

1. Address To Request Application 

Package 

All inquiries should be directed to the 

appropriate Regional Office (RO) or 

Airport District Office (ADO). RO/ADO 

contact information is below. https://

www.faa.gov/airports/regions/. 

Application forms are at: https://

www.faa.gov/airports/resources/forms/. 

2. Content and Form of Application 

Submission. 

For content and application 

information, reference Standard 

Operating Procedure for FAA Review 

and Approval of an Airport 

Improvement Program (AIP) Grant 

Application. https://www.faa.gov/ 

airports/resources/sops/media/arp-sop600-grant-application.pdf. 

The final grant application funding 

requests should be based on bids or firm 

costs, not estimates. In addition, in FY 

2022, the FAA will consider eligible and 

justified projects per statute 49 U.S.C. 

47103, 47104, 47106, 47107, 47108, and 

47109 that further the Administration’s 

goals of safety, environmental 

stewardship, including climate change 

and sustainability, equity, creation of 

good jobs and infrastructure investment 

aligning with Executive Orders 

identified in this NOFO. Applications 

should briefly describe how the 

proposed project meets at least one of 

these goals. The Administration’s Goals 

are identified for each discretionary 

project based on the following 

definitions. 

Equity—Projects that advance equity 

for all, including people of color and 

others who have been historically 

underserved, marginalized, and 

adversely affected by persistent poverty 

and inequality. Examples are projects in 

Economically Distressed Areas (EDA), 

projects to meet ADA requirements, and 

projects in Tribal communities. The 

statutory criteria used for EDA impacted 


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communities is explained at the 

Economically Distressed Areas (EAS/ 

EDA Determinations) Special Rule web 

page. This definition also applies to 

statutory requirements under 49 U.S.C. 

47102(3)(f) Airport Development and 

47123 Non discrimination. In addition, 

FAA must assess that all grantees are 

compliant with Title VI of the Civil 

Rights Act of 1964, Section 504 of the 

Rehabilitation Act, and other federal 

civil rights statutes. 

Environmental Stewardship—Projects 

that promote an equitable, clean energy 

future as well as standards that protect 

our air, water, and communities. 

Examples are any environmental 

improvements, noise projects, VALE/ 

ZEV, deicing containment, and drainage 

improvements. 

Job Creation—Projects that create 

good jobs in the community and support 

good paying construction jobs. 

Examples are projects to expand cargo 

or manufacturing operations, fuel farms, 

hangars and terminals. 

Infrastructure Investment—Capital 

airport development projects, including 

projects that repair, renew, and upgrade 

the airports’ infrastructure. ‘‘Airport 

development’’ is defined in 49 U.S.C. 

47102(3) and includes a list of activities 

if those activities are undertaken by the 

sponsor, owner, or operator of a publicuse airport. 

As stated, safety enhancements and 

the preservation of a safe environment 

is an element of nearly every AIP 

project. 

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 provide 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 

before submitting an application; (2) 

provide a valid UEI in its application; 

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 

AIP, the UEI and SAM account must 

belong to the entity that has the legal 

authority to apply for, receive, and 

execute AIP grants. 

Once awarded, the FAA grant 

recipient must maintain the currency of 

its information in the SAM until the 

grant recipient 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 comply with Federal 

requirements. Applicants should refer to 

2 CFR 200.113 for more information 

about this requirement. 

4. Submission Dates and Times 

Sponsors that wish to be considered 

for AIP discretionary funding 

throughout FY 2022 should submit 

applications that meet these NOFO 

requirements as soon as possible to FAA 

Regional or Airport District offices. All 

applications submitted prior to this 

NOFO will be considered if they meet 

all existing law, federal regulations, 

NOFO requirements, and FAA policy. 

The FAA will consider applications 

on a rolling basis, and the final deadline 

to submit discretionary grant 

applications is Thursday, June 30, 2022, 

11:59 Eastern time. Dates are subject to 

possible adjustment based on future 

legislation. Under 49 U.S.C. 47115, the 

Secretary of Transportation, through the 

FAA, will consider projects that are the 

most appropriate to carry out the statute 

at any time prior to September 30, 2022. 

Information about entitlement funds 

can be found at 86 FR 72304, published 

on December 21, 2021. 

5. Funding Restrictions 

Under 49 U.S.C. 47115 and 47116, 

projects must meet airport and project 

eligibility and justification criteria. 

Eligibility is derived from statute and 

may include projects to enhance airport 

safety, capacity, security, and 

environmental concerns. In general, 

sponsors may receive AIP funds for 

most airfield capital improvements and 

in specific situations, for terminals, 

hangars, equipment, and nonaeronautical development. Projects 

related to airport operations are not 

eligible for funding. Operational costs— 

such as salaries, equipment, and 

supplies—are not eligible for AIP grants. 

Furthermore, Chapter 4 of the AIP 

Handbook describes the funding 

restrictions by airport type (Table 4–4) 

and project restrictions by fund type 

(Table 4–5). Discretionary funding is 

broken down into 5 categories: 1. 

Environmental Set-Aside, which 

includes Noise Compatibility and 

Implementation Programs, the VALE 

Program, and ZEV Program; 2. Reliever 

Set Aside; 3. Military Airport Program 

(MAP) Set-Aside; 4. Capacity/Safety/ 

Security/Noise (C/S/S/N); and 5. Pure 

Discretionary. Each of these fund types 

has certain public use NPIAS airport 

categories that can use this funding, as 

described in Table 4–4 of the AIP 

Handbook, for example, C/S/S/N 

funding is only available to primary and 

reliever airports. Each of the 

discretionary fund types also has certain 

project restrictions by fund type, as 

outlined in Table 4–5 of the AIP 

Handbook, for example, Reliever Set 

Aside funding may not be used for 

terminal buildings. 

The AIP has funding restrictions by 

airport and/or project type. Please see 

below criteria and refer to AIP 

Handbook, Chapter 3 and 4, for further 

details on eligibility criteria and funding 

restrictions available at: https://

www.faa.gov/airports/aip/aip_

handbook/. The AIP Handbook is the 

published policy for AIP. Except where 

options are specifically noted or where 

non-mandatory language is used, the 

procedures and requirements are 

mandatory. The general requirements 

for project funding include 

considerations of: Project eligibility; 

project justification; good title of airport 

property; an FAA approved airport 

layout plan; a complete 

intergovernmental review; airport-user 

consultations; complete required 

environmental reviews; a determination 

that the grant will yield a usable unit of 

work; certification that the project 

specification will meet FAA standards; 

applicable cost justifications; and a 

work plan to complete the project 

without unreasonable delay. 

6. Other Submission Requirements 

Contact RO/ADO for the submission 

process. RO/ADO contact information is 

below. https://www.faa.gov/airports/ 

regions/. 


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E. Application Review Information 

1. Criteria 

The Secretary of Transportation will 

evaluate and administer AIP 

applications consistent with the 

statutory criteria as described in 49 

U.S.C. 47115. Under 49 U.S.C. 47115(d), 

capacity enhancement projects have 

additional considerations, including a 

project’s impact on national 

transportation system capacity, airport 

capacity, and global air cargo activity. 

For all projects, 49 U.S.C. 47115(d)(2) 

states that in selecting a project for a 

grant under that section, the Secretary 

shall consider among other factors 

whether funding has been provided for 

all other projects qualifying for funding 

during the fiscal year under this chapter 

that have attained a higher score under 

the numerical priority system employed 

by the Secretary in administering the 

fund; and the sponsor will be able to 

commence the work identified in the 

project application in the fiscal year in 

which the grant is made or within 6 

months after the grant is made, 

whichever is later. The ACIP 

emphasizes using AIP funding on the 

highest priority projects as required by 

statute. The numerical priority system is 

described in section E.2. of this NOFO. 

Annual submission from a sponsor of 

its 5-year Capital Improvement Program 

(CIP) to the FAA typically initiates the 

review process. In order for the FAA to 

include a project in the ACIP, the 

project must be eligible and justified. 

Selection criteria include project 

eligibility, justification, readiness, and 

the availability of funds. For a project to 

be funded through the AIP, certain 

prerequisites must be completed. These 

prerequisites are: The project is 

included in the airport’s approved 

layout plan, an environmental 

determination, and all necessary 

airspace studies. Prerequisites must be 

met in order for grant funding to be 

released. 

2. Review and Selection Process 

The FAA’s review of submitted 

projects takes place during the 

formulation of the ACIP. Through the 

annual ACIP process, the FAA 

systematically identifies, plans, and 

prioritizes airport planning and 

development projects for AIP funding to 

produce a three-year funding plan. The 

ACIP is a needs-based and financiallyconstrained plan for funding 

development over a rolling three-year 

period. The National Priority System 

(NPS) equation is used to calculate the 

National Priority Rating (NPR), a 

quantitative measure used for ranking 

project importance. The NPR is 

calculated using the NPS equation, 

which considers the type of airport, the 

purpose of the project, the component of 

the project, and the type of action. The 

resulting score, between 1 and 100, is 

known as the national priority rating 

(NPR). The NPR score prioritizes airport 

development projects according to FAA 

goals and objectives, with higher 

numerical scores indicating the project 

is more aligned with FAA goals and 

objectives. The maximum value of the 

NPS equation is 100. NPIAS–ACIP 

Order Section 5.7.3 and NPIAS–ACIP 

Order Appendix B provide a detailed 

explanation of the NPS Equation, which 

is available at https://www.faa.gov/ 

airports/planning_capacity/npias_acip_

order/. 

In the administration of the AIP, the 

FAA gives the highest priority to 

projects that enhance safety and security 

at airports. Other major objectives are 

achieved by awarding AIP funds to 

projects that maintain existing airport 

infrastructure and increase or maintain 

the capacity of existing facilities to 

accommodate increasing passenger and 

cargo demand. 

DCL projects are prioritized based on 

the NPR. The NPR emphasizes using 

AIP funding on the highest priority 

projects as required by statute. However, 

the NPR is always the only factor for 

determining a project’s priority. For this 

reason, the ACIP process considers 

other qualitative factors to supplement 

the NPR score in determining priorities. 

Qualitative factors are assessed through 

project justifications and priority project 

identification. FAA goals considered in 

project justifications include Safety or 

Security, System Capacity, 

Environment, and Access. Qualitative 

factors do not impact the NPR for a 

given project but are taken into account 

in funding decisions. 

This program also supports the 

President’s goals to mobilize American 

ingenuity to build modern infrastructure 

and an equitable, clean energy future 

while supporting the creation of good 

jobs. The FAA will consider 

discretionary grants that advance the 

goals of the President’s Executive Order 

13985, ‘‘Advancing Racial Equity and 

Support for Underserved Communities 

Through the Federal Government’’; the 

President’s Executive Order 13988, 

‘‘Preventing and Combating 

Discrimination on the Basis of Gender 

Identity or Sexual Orientation’’; the 

President’s Executive Order 14008, 

‘‘Tackling the Climate Crisis at Home 

and Abroad’’; and the President’s 

Executive Order 14025, ‘‘Worker 

Organizing and Empowerment.’’ The 

FAA will consider the extent to which 

the project incorporates considerations 

of climate change and sustainability, to 

the extent possible within the program. 

FAA will consider the extent to which 

the project proactively addresses racial 

equity and barriers to opportunity, to 

the extent possible within the program. 

In addition to the Administration’s 

priority of promoting building 

infrastructure with American workers 

detailed in the President’s Executive 

Order 14005, ‘‘Ensuring the Future is 

Made in all of America by All of 

America’s Workers,’’ every AIP grant 

recipient must comply with the 

requirements under the Build America, 

Buy America Act (Pub. L. 117–58). 

Also, in addition to this program 

supporting the President’s Executive 

Order 13166, ‘‘Improving Access to 

Services for Persons with Limited 

English Proficiency,’’ all recipients of 

federal funding are subject to Title VI of 

the Civil Rights Act of 1964, which 

includes the requirement that, in certain 

circumstances, grant recipients ensure 

that persons with LEP can effectively 

participate in or benefit from federally 

assisted programs and activities, such as 

those arising from an AIP grant pursuant 

to this NOFO, and the terms of any AIP 

grant agreement. 

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 and 

is currently in the designated integrity 

and performance system accessible 

through SAM. 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 

AIP awards are announced through 

Congressional notification, and the FAA 

RO/ADO representative will contact the 

sponsor with further information and 


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Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 / Notices 23695 

instructions. Once all pre-grant actions 

are complete, the FAA RO/ADO will 

offer the sponsor a grant for the 

announced project. This offer may be 

provided through postal mail or by 

electronic means, and it includes an 

offer letter and a grant agreement. Once 

the sponsor accepts the offer and has 

fully executed the grant agreement, that 

agreement becomes the legally binding 

grant award document. Awards made 

under this program are subject to 

conditions and assurances in the grant 

agreement. In FY 2022, the FAA will 

announce awards several times 

throughout the fiscal year, but no later 

than September 30, 2022. These 

announcements can include entitlement 

and discretionary awards. 

2. Administrative Requirements 

i. Pre-Award Authority 

Under 49 U.S.C. 47110(b)(2), all 

project costs must be incurred after the 

grant execution date unless specifically 

permitted under the AIP statutes. Table 

3–60 of the AIP Handbook lists the rules 

regarding when project costs can be 

incurred in relation to the grant 

execution date, the type of funding, and 

the type of project. Certain airport 

development costs incurred before 

execution of the grant agreement are 

allowable, but only if certain conditions 

under 49 U.S.C. 47110(b)(2)(D) and 

Table 3–60 of the AIP Handbook are 

met. Specifically, all allowable costs 

using passenger, cargo, and nonprimary 

entitlement (formula) funding after 9/ 

30/1996 may be reimbursed regardless 

of whether they were incurred before 

the grant was executed as long as all 

other applicable AIP requirements have 

been met. In addition, allowable costs 

using any or all the following 

discretionary, state apportionment 

(including insular) and Alaska 

supplemental funding project costs 

must have been incurred after the grant 

execution date. The only exceptions are 

based on statute and are relating to the 

Part 150 Noise Mitigation program, 

project formulation for development 

and planning projects, land acquisition, 

letters of intent, and design-build 

projects, Military Airport Program and 

climate-related conditions. 

ii. Planning 

The FAA encourages applicants to 

review and understand the long-term 

planning process in the lifecycle of an 

AIP grant. The planning process for a 

particular project begins several years 

before a fiscal year in which a grant is 

awarded. FAA Order 5090.5 establishes 

guidelines for the two Federal plans 

essential to airport development: The 

National Plan of Integrated Airport 

Systems (NPIAS) and the Airports 

Capital Improvement Plan (ACIP) is 

available at https://www.faa.gov/ 

airports/planning_capacity/npias_acip_

order/. 

iii. Grant Requirements 

All grant recipients are subject to the 

grant requirements of the AIP, which 

includes requirements of 49 U.S.C. 

Chapter 471. Grant recipients are subject 

to requirements in the FAA’s Agreement 

for AIP for financial assistance awards, 

the annual Certifications and 

Assurances required of applicants, and 

any additional applicable statutory or 

regulatory requirements, including 

nondiscrimination requirements, 2 CFR 

part 200, Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal Awards. 

Grant requirements include, but are not 

limited to, approved project on an 

airport layout plan, compliance with 

federal civil rights laws, Buy American 

requirements under 49 U.S.C. 50101, 

Build America, Buy America Act 

requirements under Public Law 117–58, 

Transportation Disadvantaged Business 

Enterprise (DBE) program regulations 

for Airports (49 CFR part 23 and 49 CFR 

part 26), and Davis-Bacon Act, as 

amended (40 U.S.C. 276a—276a–5). 

iv. Standard Assurances 

Applicants 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 AIP grant. Applicants must 

acknowledge that they are under a 

continuing obligation to comply with 

the terms and conditions of the grant 

agreement issued for its project with the 

FAA. Applicants understand that 

Federal laws, regulations, policies, and 

administrative practices might be 

modified from time to time and may 

affect the implementation of the project. 

Applicants must agree that the most 

recent Federal requirements will apply 

to the project unless the FAA issues a 

written determination otherwise. 

Applicants must submit the 

Certifications and Assurances before 

receiving a grant, including sponsor 

grant assurances and 2 CFR part 200. 

The Airport Sponsor Assurances are 

available on the FAA website at: https:// 

www.faa.gov/airports/aip/grant_

assurances/. 

3. Reporting 

The grant recipient is subject to 

financial reporting per 2 CFR 200.328 

and performance reporting per 2 CFR 

200.329. Under the AIP, 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-paymentpolicy.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 reporting requirements 

outlined in 2 CFR part 180, OMB 

Guidelines to Agencies on Governmentwide Debarment and Suspension. 

G. Federal Awarding Agency Contact(s) 

Please contact your local Regional 

Office or District Office. Contact 

information is available at https://

www.faa.gov/airports/regions/. 

Issued in Washington, DC, on April 14, 

2022. 

Robert John Craven, 

Director, Office of Airport Planning and 

Programming. 

[FR Doc. 2022–08412 Filed 4–19–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No.: FAA–2022–0070; Summary 

Notice No.—2022–22] 

Petition for Exemption; Summary of 

Petition Received; Breeze Aviation 

Group, Inc. 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Federal 

Aviation Regulations. The purpose of 

this notice is to improve the public’s 

awareness of, and participation in, the 

FAA’s exemption process. Neither 

publication of this notice nor the 

inclusion nor omission of information 

in the summary is intended to affect the 

legal status of the petition or its final 

disposition. 

DATES: Comments on this petition must 

identify the petition docket number and 

must be received on or before May 10, 

2022. 


khammond on DSKJM1Z7X2PROD with NOTICES