UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 29, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-21354

________________________________________________________________________
________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of US AIRWAYS, INC. (US AIRWAYS) and WINDWARD ISLANDS
AIRWAYS INTERNATIONAL, N.V. (WINAIR) filed 5/27/05 for:

XX  Exemption for US Airways for two years under 49 U.S.C. 40109 to
provide the following service:

Scheduled foreign air transportation of persons, property and mail from
the United States to Monserrat, and route integration authority
permitting US Airways to integrate this authority with its existing
certificate and exemption authorities.  US Airways intends to operate
this service pursuant to a code-share arrangement with WinAir.

XX  Exemption for WinAir for two years under 49 U.S.C. 41301 to provide
the following service:

Carry code-share traffic of US Airways on WinAir flights (1) between St.
Maarten, Netherlands Antilles, and Montserrat, and (2) between Antigua
and Montserrat.

XX  Statement of authorization for WinAir for indefinite duration under
CFR Part 212 to:

Display US Airways’ “US” designator code on flights operated by
WinAir (1) between St. Maarten, Netherlands Antilles, and Montserrat,
and (2) between Antigua and Montserrat.

Applicant rep: Howard Kass<PHONE_NUMBER>   DOT Analyst:  Thuy H.
Cooper<PHONE_NUMBER>

	                       Edwin Hodge – (WinAir)

D I S P O S I T I O N

XX  Granted exemption authority to US Airways and WinAir (subject to
conditions, see below)

XX  Granted statement of authorization to WinAir (subject to conditions,
see below)

The above action granting exemption authority to US Airways was
effective when taken: July 29, 2005, through

July 29, 2007.

The above action granting exemption authority to WinAir was effective
when taken: July 29, 2005, through

July 29, 2007.

The above action granting a statement of authorization to WinAir was
effective when taken: July 29, 2005, and will remain in effect
indefinitely, subject to the conditions below.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX   The authority granted to serve Montserrat is consistent with the
aviation agreement between the United States and the United Kingdom; the
authority granted to serve St. Maarten is consistent with the aviation

agreement between the United States and the Netherlands Antilles; and
the authority granted to serve Antigua is consistent with the aviation
agreement between the United States and the United Kingdom to which
Antigua acceded upon its independence.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  US Airways’ certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

XX WinAir’s foreign air carrier permit (Order 83-6-62)

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Conditions:  (1) The code-share operations conducted under this
authority must comply with 14 CFR 257 and with any amendments to the
Department’s regulations concerning code-share arrangements that may
be adopted.  Notwithstanding any provisions in the contract between the
carriers, our approval here is expressly conditioned upon the
requirements that the subject foreign air transportation be sold in the
name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected, and (2) the authority
granted here is specifically conditioned so that neither US Airways nor
WinAir shall give any force and effect to any contractual provisions
between themselves that are contrary to these conditions.

The route integration authority granted is subject to the condition that
such operations are consistent with the applicable bilateral aviation
agreements.  Furthermore, (a) nothing in the award of the route
integration authority requested should be construed as conferring upon
US Airways rights (including fifth-freedom intermediate and/or beyond
rights) to serve markets where U.S. carrier entry is limited unless US
Airways first notifies the Department of its intent to serve such a
market and unless and until the Department has completed any necessary
carrier selection procedures to determine which carrier(s) should be
authorized to exercise such rights; and (b) should there be a request by
any carrier to use the limited-entry route rights that are included in
US Airways’ authority by virtue of the route integration authority
granted here, but that are not then being used by US Airways, the
holding of such authority by route integration will not be considered as
providing any preference for US Airways in a competitive carrier
selection proceeding to determine which carrier(s) should be entitled to
use the authority at issue.

The Statement of Authorization granted to WinAir is subject to the
following conditions:

(a) The statement of authorization will remain in effect only as long as
US Airways and WinAir continue to hold the underlying authority to
operate the code-share services at issue, and the code-share agreement
providing for the code-share operations remains in effect.

(b) US Airways and/or WinAir must promptly notify the Department (Office
of International Aviation) if the code-share agreement is no longer
effective or if the carriers decide to cease operating all or a portion
of the approved code-share services. (Such notice should be filed in
Docket OST-2005-21354.)

(c) The code-sharing operations conducted under this authority must
comply with 14 CFR 257 and with any amendment to the Department’s
regulations concerning code-share arrangements that may be adopted.
Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the carrier
holding out such service in computer reservation systems and elsewhere;
that the carrier selling such transportation (i.e., the carrier shown on
the ticket) accept responsibility for the entirety of the code-share
journey for all obligations established in its contract of carriage with
the passenger; and that the passenger liability of the operating carrier
be unaffected.

(d) The authority granted here is specifically conditioned so that
neither US Airways nor WinAir shall give any force or effect to any
contractual provisions between themselves that are contrary to these
conditions.

(e) We may amend, modify, or revoke the authority granted in this Notice
at any time without hearing at our discretion.

________________________________________________________________________
________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at: http://dms.dot.gov//reports/reports_aviation.aspU.S. Carrier
Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

5/04

 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.


[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Notices]
[Pages 23491-23498]
[FR Doc No: 2023-07984]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No: FAA-2023-0530]

Fiscal Year 2023 Competitive Funding Opportunity: Airport
Improvement Program Discretionary Grants

AGENCY: Federal Aviation Administration, U.S. Department of
Transportation.

ACTION: Notice of funding opportunity.

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SUMMARY: The U.S. Department of Transportation's Federal Aviation
Administration (FAA) announces the opportunity to apply for an
estimated $1.5 billion in fiscal year (FY) 2023 discretionary grants
under the Airport Improvement Program (AIP). The FAA awards 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 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,'' which 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
AIP discretionary funding throughout FY 2023 should submit applications
that meet NOFO requirements as soon as possible, but no later than
Friday, July 14, 2023, 11:59 p.m. Eastern Daylight Time to FAA Regional
or Airport District Offices per instructions in this NOFO. The FAA
considers all applications properly submitted prior to this NOFO. Final
discretionary grant application funding requests should be based on
bids or firm costs, not estimates.

FOR FURTHER INFORMATION CONTACT: David F. Cushing, Manager, Airports
Financial Assistance Division, APP-500, at<PHONE_NUMBER>.

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(a)(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(a)(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 is committed to advancing safe, efficient transportation
through the AIP. The FAA's safety mission is incorporated into many
aspects of the AIP, 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 number is 20.106. The AIP assists
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 FAA implements AIP 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, the FAA seeks to fund projects under AIP that reduce greenhouse
gas emissions in the transportation sector, incorporate evidence-based
climate resilience measures and features, reduce the lifecycle
greenhouse gas emissions from the project materials, avoid adverse
environmental impacts to air or water quality, wetlands, and endangered
species, and address the disproportionate negative environmental
impacts of transportation on disadvantaged communities. Also, the FAA
encourages applicants to consider how a proposed project directly
benefits 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.
    The FAA seeks to award projects under the AIP that will create
proportional impacts to all populations in a project area, remove
transportation-related disparities to all populations in a project
area, and increase equitable access to project benefits, consistent
with Executive Order 13985, ``Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government'' (86 FR 7009).
    The FAA intends to use the AIP to support the creation of good-
paying jobs with the free and fair choice to join a union and the
incorporation of strong labor standards and training and placement
programs, especially registered apprenticeships, in project planning
stages, consistent with Executive Order 14025, ``Worker Organizing and
Empowerment'' (86 FR 22829), and Executive Order 14052,
``Implementation of the Infrastructure Investment and Jobs Act'' (86 FR
64335). The FAA also intends to use the AIP to support wealth creation,
consistent with the Department of Transportation's Equity Action Plan
through the inclusion of local inclusive economic development and
entrepreneurship, such as the utilization of Disadvantaged Business
Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a)
firms.
    Recipients of Federal transportation funding must comply fully with
title VI of the Civil Rights Act of 1964 and implementing regulations,
the Americans with Disabilities Act, section 504 of the Rehabilitation
Act of 1973, and all other civil rights requirements, as described
further below. The Department of Transportation's (DOT's) and the FAA's
Office of Civil Rights may provide resources and technical assistance
to ensure full and sustainable compliance with Federal civil rights
requirements.

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, 2023 (Pub. L. 117-328). Funding beyond the current available
program amount is subject to appropriations and the availability of
future funds.
    In FY 2022, 374 discretionary grants were issued, totaling
approximately $1.76 billion. The discretionary grants ranged in amount
from $37,000 to $44,400,000. The average AIP discretionary grant was
$4,700,000. In FY 2023, the FAA anticipates awarding discretionary
grants beginning in April 2023, with an individual grant period of
performance of 4 years. 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 five types of set-aside funding categories, further described
in section D.5. The process begins with each eligible airport operator
submitting an 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 fiscal year
of the 3-year ACIP. The DCL is prioritized based on quantitative and
qualitative criteria, which are discussed in greater detail in this
NOFO sections 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;
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 described
below.
    All projects funded with AIP must be justified and eligible under
49 U.S.C. chapters 471 and 475, 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 non-aviation
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 whether 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. The 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 16 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 AIP 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 the ``Standard
Operating Procedure for FAA Review and Approval of an Airport
Improvement Program (AIP) Grant Application.'' https://www.faa.gov/sites/faa.gov/files/airports/resources/sops/arp-sop-600-grant-application.pdf.
    The final grant application funding requests should be based on
bids or firm costs, not estimates. Grant Funds, Sources and Uses of
Project Funds--Project budgets should show how different funding
sources will share in each activity and present those data in dollars
and percentages. The budget should identify other Federal funds the
applicant is applying for or has been awarded, if any, that the
applicant intends to use. Funding sources should be grouped into three
categories: non-Federal, AIP, and other Federal, with specific amounts
from each funding source.
    The FAA considers eligible and justified projects per 49 U.S.C.
47103, 47104, 47106, 47107, 47108, and 47109 that align with Executive
Orders identified in the NOFO and further the

Administration's goals of safety, environmental stewardship, climate
change and sustainability, equity, creation of good jobs and
infrastructure investment. 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.
    Safety--As stated, safety enhancements and the preservation of a
safe environment is an element of nearly every AIP project. Applicants
are encouraged to address how their project provides substantial safety
benefits. Prior to receiving funds, all projects are expected to, at a
minimum, identify and mitigate to the extent practicable any
significant safety risks that could result after the project
completion.
    Equity--Applicants are encouraged to address how their project will
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 communities is explained on 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 section 47123 ``Nondiscrimination.'' In
addition, the 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. Applicants
are encouraged to address how their project will include an equity
assessment which evaluates whether a project will create proportional
impacts and remove transportation-related disparities to all
populations in a project area. Applicants may demonstrate how
meaningful public engagement will occur throughout a project's life
cycle. Applicants may address how project benefits will increase
affordable transportation options, improve safety, connect Americans to
good-paying jobs, fight climate change, and/or improve access to
resources and quality of life.
    Climate Change and Sustainability--Applicants are encouraged to
address how their project will 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.
Applicants are encouraged to address how the project will consider
climate change and environmental justice in the planning stage and in
project delivery. In particular, applicants may address how the project
reduces greenhouse gas emissions in the transportation sector, taking
into account relevant domestic and international standards and
recommended practices; incorporates evidence-based climate resilience
measures and features, and reduces the lifecycle greenhouse gas
emissions from the project materials. Applicants also may address the
extent to which the project avoids adverse environmental impacts to air
or water quality, wetlands, and endangered species, as well as address
disproportionate negative impacts of climate change and pollution on
disadvantaged communities, including natural disasters, with a focus on
prevention, response, and recovery.
    Workforce Development, Job Creation and Wealth Creation--Applicants
are encouraged to address how their project will 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. Applicants are encouraged to address how their
project will create good-paying jobs with the free and fair choice to
join a union; promote investments in high-quality workforce development
programs with supportive services to help train, place, and retain
people in good-paying jobs or registered apprenticeship, with a focus
on women, people of color, and others that are underrepresented in
infrastructure jobs; and change hiring policies and workplace cultures
to promote the entry and retention of underrepresented populations.
Applicants may also address how the project promotes local inclusive
economic development and entrepreneurship, such as the utilization of
Disadvantaged Business Enterprises, Minority-owned Businesses, Women-
owned Businesses, or 8(a) firms.
    Infrastructure Investment--Capital airport development projects.
Applicants are encouraged to address how their project will 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
public-use airport.
    Sharing of Application Information--The FAA may share application
information within the Department of Transportation or with other
Federal agencies if the FAA determines that sharing is relevant to the
respective program's objectives.

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

    Applicants must comply with 2 CFR part 25--Universal Identifier and
System for Award Management. All applicants must provide a unique
entity identifier provided by SAM. Additional information about
obtaining a Unique Entity Identifier (UEI) and registration procedures
may be found on 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 (Responsibility/Qualification at https://sam.gov/content/fapiis) 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

    Sponsors wishing to be considered for AIP discretionary funding
throughout FY 2023 should submit applications that meet these NOFO
requirements as soon as possible to FAA Regional or

Airport District Offices. The FAA considers all applications submitted
prior to this NOFO if they meet all existing law, Federal regulations,
NOFO requirements, and FAA policy.
    The FAA considers applications on a rolling basis. The final
deadline to submit discretionary grant applications is Friday, July 14,
2023, 11:59 p.m. Eastern Daylight Time. Under 49 U.S.C. 47115, the FAA,
considers projects that are the most appropriate to carry out the
statute at any time prior to September 30, 2023.
    Information about entitlement funds can be found at 88 FR 5955,
published on January 30, 2023.

5. Funding Restriction

    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 non-
aeronautical 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 five
categories: 1. Environmental Set Aside, which includes Noise
Compatibility and Mitigation 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.
See the criteria below and refer to AIP Handbook, chapters 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 meets 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/
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 non-
primary 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 of the following must have
been incurred after the grant execution date: discretionary, state
apportionment (including insular), and Alaska supplemental funding. The
only exceptions are based on statute, and are: the part 150 Noise
Mitigation program, project formulation for development and planning
projects, land acquisition, letters of intent, design-build projects,
Military Airport Program, and climate-related conditions.

E. Application Review Information

1. Criteria

    The FAA evaluates and administers AIP applications consistent with
the statutory criteria as described in 49 U.S.C. 47115(d). 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 FAA 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 FAA 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 six 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. The AIP Handbook explains what types of capital
projects may be eligible and justified for AIP funding depending on the
airport category, project type, and specific category or categories of
AIP funding to be requested. Available online at: https://www.faa.gov/airports/aip/aip_handbook/.
    Merit criteria are data-driven criteria as described in section E.2
and are based on 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 has been made, and all necessary airspace
studies are complete. Prerequisites must be met in order for grant
funding to be released.
    While a project is not required to meet the following criteria, the
FAA gives favorable consideration to applications that have a positive
benefit on safety; climate change and sustainability; equity; and
workforce development, job quality, and wealth creation, as described
in section D.2 above.

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
financially-constrained 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 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 not 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. Long-standing goals
that the FAA has 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. These qualitative factors include selection
consideration for applications that have a positive benefit on safety;
climate change and sustainability; equity; and workforce development,
job quality, and wealth creation, as described in section D.2 above.
    This program 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 considers
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 considers the extent to which the
project incorporates considerations of climate change and
sustainability, to the extent possible within the program. The FAA
considers the extent to which the project proactively addresses racial
equity and barriers to opportunity, to the extent possible within the
program.

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 (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 considers 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. The
FAA RO/ADO representative contacts sponsors with further information
and instructions. Once all pre-grant actions are complete, the FAA RO/
ADO offers 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. The FAA announces awards several times throughout the
fiscal year, but no later than September 30 of each fiscal year. 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 non-
primary 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 of the following must have
been incurred after the grant execution date: discretionary, state
apportionment (including insular), and Alaska supplemental funding. The
only exceptions are based on statute, and are: the part 150 Noise
Mitigation program, project formulation for development and planning
projects, land acquisition, letters of intent, 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), and 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 parts 23 and 26), and Davis-Bacon Act, as amended (40
U.S.C. 3141-3144, 3146, and 3147).
iv. Standard Assurances
    Each applicant 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 their 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 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/.
v. Critical Infrastructure Security and Resilience
    It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against both physical and
cyber threats. Each applicant selected for Federal funding under this
notice must demonstrate, prior to the signing of the grant agreement,
effort to consider and address physical and cyber security risks
relevant to the transportation mode and type and scale of the project.
Projects that have not appropriately considered and addressed physical
and cyber security and resilience in their planning, design, and
project oversight, as determined by the Department of Transportation
and the Department of Homeland Security, will be required to do so
before receiving funds for construction, consistent with Presidential
Policy Directive 21--Critical Infrastructure Security and Resilience
and the National Security Presidential Improving Cybersecurity for
Critical Infrastructure Control Systems.
vi. Domestic Preference Requirements
    As expressed in Executive Order 14005, ``Ensuring the Future Is
Made in All of America by All of America's Workers'' (86 FR 7475), the
executive branch should maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. Funds made available under this notice are subject
to the domestic preference requirement at Buy American requirements
under 49 U.S.C. 50101 and Build America, Buy America requirements under
Public Law 117-58. The FAA expects all applicants to comply with that
requirement.
vii. Civil Rights and Title VI
    As a condition of a grant award, you shall demonstrate that you
comply with the provisions of title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d to 2000d-4) and implementing regulations (49 CFR part
21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. 47123),
the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794 et seq.), the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), U.S.
Department of Transportation and Federal Aviation Administration (FAA)
Assurances, and other relevant civil rights Acts, Regulations, and
Authorities. This may include, as applicable, providing a current Title
VI Program Plan and a Community Participation Plan (alternatively may
be called a Public Participation Plan) to the FAA for approval, in the
format and according to the timeline required by the FAA, and other
information about the communities that will be benefited and impacted
by the project. A completed FAA Title VI Pre-Grant Award Checklist is
also required for every grant application for a large or medium hub
airport this fiscal year, unless excused by the FAA. You shall
affirmatively ensure that when carrying out any project supported by
this grant that you will comply with all federal nondiscrimination and
equity laws based on race, color, national origin (including persons
who are limited English proficient), sex (including sexual orientation
and gender identity), creed, age, disability, genetic information, or
environmental justice in consideration for federal financial
assistance. Applicants who have not sufficiently demonstrated the
conditions of compliance with civil rights requirements will be
required to do so before receiving funds. The DOT's and FAA's Office of
Civil Rights may provide resources and technical assistance to
recipients to ensure full and sustainable compliance with Federal civil
rights requirements. Failure to comply with civil rights requirements
will be considered a violation of the agreement or contract and be
subject to any enforcement action as authorized by law.
viii. Federal Contract Compliance
    As a condition of grant award and consistent with E.O. 11246, Equal
Employment Opportunity (30 FR 12319, and as amended), all Federally
assisted contractors are required to make good faith efforts to meet
the goals of 6.9 percent of construction project hours being performed
by women, in addition to goals that vary based on geography for
construction work hours and for work being performed by people of
color. If applicable, under section 503 of the Rehabilitation Act and
its implementing regulations, affirmative action obligations for
certain contractors include an aspirational employment goal of 7
percent workers with disabilities.
ix. Performance and Program Evaluation
    As a condition of grant award, grant recipients may be required to
participate in an evaluation undertaken by DOT or another agency or
partner. The evaluation may take different forms, such as an
implementation assessment across grant recipients, an impact and/or
outcomes analysis of all or selected sites within or across grant
recipients, or a benefit/cost analysis or assessment of return on
investment. DOT may require applicants to collect data elements to aid
the evaluation and/or use information available through other
reporting. 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.
    Recipients and sub-recipients are also encouraged to incorporate
program evaluation, including associated data collection activities
from the outset of their program design and implementation, to
meaningfully document and measure their progress towards meeting an
agency priority goal(s). Title I of the Foundations for Evidence-Based
Policymaking Act of 2018 (Evidence Act), Public Law 115-435 (2019)
urges Federal awarding agencies and Federal assistance recipients and
sub-recipients to use program evaluation as a critical tool to learn,
improve equitable delivery, and elevate program service and delivery
across the program lifecycle. Evaluation means ``an assessment using
systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and
efficiency.'' 5 U.S.C. 311. Credible program evaluation activities are
implemented with relevance and utility, rigor, independence and
objectivity, transparency, and ethics (Office of Management and Budget
(OMB) Circular A-11, part 6 section 290).
    For grant recipients receiving an award, evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by
statute or regulation, and such costs may include the personnel and
equipment needed for data infrastructure and expertise in data
analysis, performance, and evaluation. (2 CFR part 200).
    x. 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) as well as Buy American requirements under 49
U.S.C. 50101 as an integrated process at the direction of the FAA.
    xi. 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 limited English proficiency 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. 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/sites/faa.gov/files/airports/aip/grant_payments/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 requirements. The grant
recipient must comply with any reporting requirements outlined in 2 CFR
part 180, OMB Guidelines to Agencies on Government-wide 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 11, 2023.
Lisa A. Holden,
Acting Deputy Director, Office of Airport Planning and Programming.
[FR Doc. 2023-07984 Filed 4-14-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47501-47504]
[FR Doc No: 2021-18239]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0961]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Environmental Impact Considerations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on ``Environmental Impact
Considerations.''

DATES: Submit either electronic or written comments on the collection
of information by October 25, 2021.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before October 25, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of October 25, 2021. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2012-N-0961 for ``Environmental Impact Considerations.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.

     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Environmental Impact Considerations

OMB Control Number 0910-0322--Extension

I. Background

    FDA is requesting OMB approval for the reporting requirements
contained in the FDA collection of information ``Environmental Impact
Considerations.'' The National Environmental Policy Act (NEPA) (42
U.S.C. 4321-4347) states national environmental objectives and imposes
upon each Federal Agency the duty to consider the environmental effects
of its actions. Section 102(2)(C) of NEPA requires the preparation of
an environmental impact statement (EIS) for every major Federal action
that will significantly affect the quality of the human environment.
    FDA's NEPA regulations are in part 25 (21 CFR part 25). All
applications or petitions requesting Agency action require the
submission of a claim for categorical exclusion or an environmental
assessment (EA). A categorical exclusion applies to certain classes of
FDA-regulated actions that usually have little or no potential to cause
significant environmental effects and are excluded from the
requirements to prepare an EA or EIS. In Sec.  25.15(a) and (d) (21 CFR
25.15(a) and (d)) the procedures for submitting to FDA a claim for a
categorical exclusion are specified. Extraordinary circumstances (under
21 CFR 25.21), which may result in significant environmental impacts,
may exist for some actions that are usually categorically excluded. An
EA provides information that is used to determine whether an FDA action
could result in a significant environmental impact. Section 25.40(a)
and (c) (21 CFR 25.40(a) and (c)) specifies the content requirements
for EAs for non-excluded actions.
    This collection of information is used by FDA to assess the
environmental impact of Agency actions and to ensure that the public is
informed of environmental analyses. Firms wishing to manufacture and
market substances regulated under statutes for which FDA is responsible
must, in most instances, submit applications requesting approval.
Environmental information must be included in such applications for the
purpose of determining whether the proposed action may have a
significant impact on the environment. Where significant adverse events
cannot be avoided, the Agency uses the submitted information as the
basis for preparing and circulating to the public an EIS, made
available through a Federal Register document also filed for comment at
the Environmental Protection Agency. The final EIS, including the
comments received, is reviewed by the Agency to weigh environmental
costs and benefits in determining whether to pursue the proposed action
or some alternative that would reduce expected environmental impact.
    Any final EIS would contain additional information gathered by the
Agency after the publication of the draft EIS, a copy or a summary of
the comments received on the draft EIS, and the Agency's responses to
the comments, including any revisions resulting from the comments or
other information. When the Agency finds that no significant
environmental effects are expected, the Agency prepares a finding of no
significant impact.
    FDA estimates the burden of this collection of information as
follows:

II. Estimated Annual Reporting Burden for Human Drugs (Including
Biologics in the Center for Drug Evaluation and Research)

    Under Sec. Sec.  312.23(a)(7)(iv)(e), 314.50(d)(1)(iii), and
314.94(a)(9)(i) (21 CFR 312.23(a)(7)(iv)(e), 314.50(d)(1)(iii), and
314.94(a)(9)(i)), each investigational new drug application (IND), new
drug application (NDA), and abbreviated new drug application (ANDA)
must contain a claim for categorical exclusion under Sec.  25.30 (21
CFR 25.30) or Sec.  25.31 (21 CFR 25.31), or an EA under Sec.  25.40.
Annually, FDA receives approximately

5,503 INDs from 3,717 sponsors; 142 NDAs from 111 applicants; 3,285
supplements to NDAs from 516 applicants; 35 biologic license
applications (BLAs) from 32 applicants; 777 supplements to BLAs from 89
applicants; 743 ANDAs from 239 applicants; and 11,438 supplements to
ANDAs from 482 applicants. FDA estimates that it receives approximately
21,923 claims for categorical exclusions as required under Sec.
25.15(a) and (d) and 13 EAs as required under Sec.  25.40(a) and (c).
Based on information provided by the pharmaceutical industry, FDA
estimates that it takes sponsors or applicants approximately 8 hours to
prepare a claim for a categorical exclusion and approximately 3,400
hours to prepare an EA. Based on recent numbers, we now estimate a
total of 21,936 annual responses and 219,584 hours for human drugs (an
increase of 6,489 responses and 62,088 hours).

                         Table 1--Estimated Annual Reporting Burden for Human Drugs \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
25.15(a) and(d).................           5,186          4.2273          21,923               8         175,384
25.40(a) and (c)................              14          0.9285              13           3,400          44,200
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         219,584
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

III. Estimated Annual Reporting Burden for Medical Devices

    Under Sec.  814.20(b)(11) (21 CFR 814.20(b)(11)), premarket
approval applications (PMAs) (original PMAs and supplements) must
contain a claim for categorical exclusion under Sec.  25.30 or Sec.
25.34 (21 CFR 25.34) or an EA under Sec.  25.40. In 2020, FDA received
an average of 62 claims (original PMAs and supplements) for categorical
exclusions as required under Sec.  25.15(a) and (d), and 0 EAs as
required under Sec.  25.40(a) and (c). FDA estimates that approximately
62 respondents will submit an average of 1 application for categorical
exclusion annually. Based on information provided by sponsors, FDA
estimates that it takes approximately 6 hours to prepare a claim for a
categorical exclusion. Based on recent numbers, we now estimate a total
of 62 annual responses and 372 hours for medical devices (an increase
of 12 responses and 72 hours).

                                           Table 2--Estimated Annual Reporting Burden for Medical Devices \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                           21 CFR section                               Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
25.15(a) and (d)...................................................              62                1               62                6              372
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

IV. Estimated Annual Reporting Burden for Biological Products, Drugs,
and Medical Devices in the Center for Biologics Evaluation and Research

    Under 21 CFR 601.2(a), BLAs as well as INDs (Sec.  312.23), NDAs
(Sec.  314.50), ANDAs (Sec.  314.94), and PMAs (Sec.  814.20) must
contain either a claim of categorical exclusion under Sec.  25.30 or
Sec.  25.32 (21 CFR 25.32) or an EA under Sec.  25.40. Annually, FDA
receives approximately 11 BLAs from 11 applicants, 1,080 BLA
supplements to license applications from 160 applicants, 7,017 INDs
from 2,087 sponsors, 1 NDA from 1 applicant, 16 supplements to NDAs
from 6 applicants, 1 ANDA from 1 applicant, 3 supplements to ANDAs from
2 applicants, 1 PMA from 1 applicant, and 79 PMA supplements from 19
applicants. FDA estimates that approximately 10 percent of these
supplements would be submitted with a claim for categorical exclusion
or an EA.
    FDA estimates that it has received approximately 7,150 claims for
categorical exclusion as required under Sec.  25.15(a) and (d) annually
and 4 EAs as required under Sec.  25.40(a) and (c) annually. Therefore,
FDA estimates that approximately 3,575 respondents will submit an
average of 2 applications for categorical exclusion, and 4 respondents
will submit an average of 1 EA. Based on information provided by
industry, FDA estimates that it takes sponsors and applicants
approximately 8 hours to prepare a claim of categorical exclusion and
approximately 3,400 hours to prepare an EA for a biological product.
Based on recent numbers, we now estimate a total of 7,154 annual
responses and 70,800 hours for biological products (an increase of
6,658 responses and 60,048 hours).

                     Table 3--Estimated Annual Reporting Burden for Biological Products \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
25.15(a) and (d)................           3,575               2           7,150               8          57,200
25.40(a) and(c).................               4               1               4           3,400          13,600
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          70,800
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

V. Estimated Annual Reporting Burden for Animal Drugs

    Under 21 CFR 514.1(b)(14), new animal drug applications (NADAs) and
abbreviated new animal drug applications (ANADAs); supplemental NADAs
and ANADAs (21 CFR 514.8(a)(1)); investigational new animal drug
applications (INADs) and generic investigational new animal drug
applications (JINADs) (21 CFR 511.1(b)(10)); and food additive
petitions (21 CFR 571.1(c)) must contain a claim for categorical
exclusion under Sec.  25.30 or Sec.  25.32 or an EA under Sec.  25.40.
Annually, FDA's Center for Veterinary Medicine has received
approximately 1,140 claims for categorical exclusion as required under
Sec.  25.15(a) and (d) and 9 EAs as required under Sec.  25.40(a) and
(c). Assuming an average of 10 claims per respondent, FDA estimates
that approximately 114 respondents will submit an average of 10 claims
for categorical exclusion. FDA further estimates that nine respondents
will submit an average of one EA. FDA estimates that it takes sponsors/
applicants approximately 3 hours to prepare a claim of categorical
exclusion and an average of 2,160 hours to prepare an EA. Based on
recent numbers, we now estimate a total of 22,860 hours for animal
drugs (a decrease of 27,090 hours).

                         Table 4--Estimated Annual Reporting Burden for Animal Drugs \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
25.15(a) and (d)................             114              10           1,140               3           3,420
25.40(a) and (c)................               9               1               9           2,160          19,440
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          22,860
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

VI. Estimated Annual Reporting Burden for Tobacco Products

    Under sections 905, 910, and 911 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387e, 387j, and 387k), product applications and
supplements, premarket tobacco applications (PMTAs), substantial
equivalence (SE), exemption from SE, and modified risk tobacco product
applications (MRTPAs) must contain a claim for categorical exclusion or
an EA. The majority of the EA burden for tobacco products is covered
under already existing information collections. The burden for SEs is
currently approved under OMB control number 0910-0673; the burden for
PMTAs are currently approved under OMB control number 0910-0768; the
burden for SE exemptions are currently approved under OMB control
number 0910-0684.
    FDA's estimates are based on actual report data from fiscal year
(FY) 2018 to FY 2020. On average, FDA estimated it received
approximately 14 MRTPAs from 14 respondents. Based on updated data for
this collection, FDA estimates 14 EAs from 14 respondents. A total of
14 respondents will submit an average of one application for
environmental assessment. Based on FDA's experience, previous
information provided by potential sponsors, and knowledge that part of
the EA information has already been produced in one of the tobacco
product applications, FDA estimates that it takes approximately 80
hours to prepare an EA. Based on recent MRTPA numbers, we now estimate
a total of 14 annual responses and 1,120 hours for tobacco products (a
decrease of 13 responses and 1,040 hours).

                                           Table 5--Estimated Annual Reporting Burden for Tobacco Products \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                           21 CFR section                               Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
25.40(a) and (c)...................................................              14                1               14               80            1,120
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA estimates the burden for this information collection to be
30,315 annual responses, and 314,736 hours. These estimates reflect an
overall increase of 13,463 responses and 94,078 hours. These
adjustments are attributed to an increase in the number of responses
the various centers in FDA have received over the last few years.

    Dated: August 6, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-18239 Filed 8-24-21; 8:45 am]
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[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Rules and Regulations]
[Pages 42973-42974]
[FR Doc No: 2014-17268]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 79, No. 142 / Thursday, July 24, 2014 / Rules
and Regulations

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 4

[Docket No. RM14-20-000; Order No. 798]

Format and Dimensions of Maps and Drawings Required by the
Commission's Hydropower Program

AGENCY:  Federal Energy Regulatory Commission.

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY:  The Commission is issuing this Final Rule to make minor
changes to its regulations. This Final Rule amends requirements
pertaining to the format and dimensions of maps and drawings submitted
to the Commission by applicants and licensees in the Commission's
hydropower program. Specifically, the amendments: remove the
requirement that applicants and licensees submit copies of certain
project maps and drawings in microfilm format on aperture cards; and
change the minimum and maximum dimensions applicable to submitted maps
and drawings. These amendments modernize the regulations to reflect
technological advances and relieve burdens placed on applicants and
licensees.

DATES:  This rule will become effective September 8, 2014.

FOR FURTHER INFORMATION CONTACT: Charles K. Cover, Office of Energy
Projects, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Cheryl A. LaFleur, Acting Chairman; Philip D.
Moeller, John R. Norris, and Tony Clark.

    In the matter of: RM14-20-000 Format and Dimensions of Maps and
Drawings Required by the Commission's Hydropower Program.
Order No. 798
Final Rule
(Issued July 17, 2014)

I. Discussion

    1. The Commission is issuing this Final Rule to remove from its
regulations the requirement in 18 CFR 4.39(a) that hydropower
applicants and licensees submit copies of project maps and drawings in
microfilm format on aperture cards.\1\ This Final Rule removes the
requirement that microfilm copies of maps and drawings must be
submitted to the Commission on aperture cards and deletes other
references in the regulations to microfilm and aperture cards. The
regulations will continue to require copies of maps and drawings to be
submitted in paper format or electronic format in accordance with
filing procedures posted on the Commission's Web site at http://www.ferc.gov.
---------------------------------------------------------------------------

    \1\ An aperture card is a punch card with a cutout window in
which microfilm is mounted. Currently, the Commission requires
license and exemption applicants to submit microfilm copies of maps
and drawings on aperture cards with their applications, after their
applications have been accepted for filing (see 18 CFR 4.32(d)
(2013)), or after they receive their license or exemption.
---------------------------------------------------------------------------

    2. This change modernizes the Commission's regulations and relieves
applicants, licensees, and exemptees from burdens associated with
producing microfilm on aperture cards. Aperture cards continue to grow
more expensive and difficult to obtain as the industry and entities
move to more modern formats. The Commission originally chose to utilize
aperture cards because of their durability and uniformity. However,
technological advances have made electronic versions of documents more
timeless, secure, and convenient. Consequently, the Commission has
decided to discontinue its use of aperture cards and instead rely on
print and digital formats.
    3. This final rule also amends 18 CFR 4.39(a) to change the minimum
and maximum dimensions applicable to submitted maps and drawings. The
rule changes the minimum dimensions from 24 by 36 inches to 22 by 34
inches. It changes the maximum dimensions from 28 by 40 inches to 24 by
36 inches. The Commission makes this change in order to reflect the
dimensions commonly used by architects and engineers. The new limits
also will allow maps and drawings to be more easily reduced to half
size without loss of quality (e.g. a 22 by 34 inch drawing can be
reduced to a convenient 11 by 17 inch half size).

II. Information Collection Statement

    4. The changes are subject to review by the Office of Management
and Budget (OMB) under section 3507(d) of the Paperwork Reduction Act
of 1995 (PRA).\2\ Office of Management and Budget (OMB) regulations
require OMB to approve certain information collection requirements
imposed by agency rule.\3\ This Final Rule makes only minor
modifications to the medium, formatting and dimensional requirements
applicable to existing information collections \4\ and does not require
any new information to be collected.
---------------------------------------------------------------------------

    \2\ 44 U.S.C. 3507 (2012).
    \3\ See 5 CFR 1320 (2013).
    \4\ FERC-500, Application for License/Relicense for Water
Projects with Greater than 5MW Capacity (OMB Control No. 1902-0058);
FERC-505, Application for License/Relicense for Water Projects with
5 MW or Less Capacity (OMB Control No. 1902-0115) including conduit
exemption applications; and FERC-512, Application for Preliminary
Permit (OMB Control No. 1902-0073).
---------------------------------------------------------------------------

    5. The revisions reflect and adapt to the medium and technology
already in use by filers and industry. Therefore, this Final Rule is
being submitted to OMB for review as a non-substantive change to the
FERC-500, FERC-505, and FERC-512. Please send any comments on the
changes to the Commission in this docket, and to the Office of
Management and Budget by email to<EMAIL_ADDRESS>
Comments submitted to OMB should include Docket Number RM14-20-000 and
OMB Control Numbers 1902-0058, 1902-0115, and 1902-0073.

III. Environmental Analysis

    6. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\5\ Rules
that are clarifying, corrective, or procedural or that do not
substantially change the effect of the regulations being amended are
excluded from this requirement.\6\ Because this Final Rule makes only
minor changes to the regulations, it will not substantially

change that effect. Consequently, this Final Rule is not an action that
has a significant adverse effect on the human environment under the
Commission's regulations implementing the National Environmental Policy
Act of 1969.
---------------------------------------------------------------------------

    \5\ See Regulations Implementing the National Environmental
Policy Act of 1969, Order No. 486, 52 FR 47,897 (Dec. 17, 1987),
FERC Stats. & Regs., Regulations Preambles 1986-1990 ] 30,783
(1987).
    \6\ See 18 CFR 380.4(a)(2) (2013).
---------------------------------------------------------------------------

IV. Regulatory Flexibility Act Certification

    7. The Regulatory Flexibility Act of 1980 \7\ generally requires a
description and analysis of rules that will have significant economic
impact on a substantial number of small entities. This Final Rule makes
only minor modifications to existing information collection processes.
Annually, the Commission receives aperture card filings and drawings
from approximately 160 licensees/exemptees (out of 1,660 hydroelectric
licensees/exemptees). This Final Rule reduces the economic burden of
submitting microfilm copies of maps and drawings in aperture card
format to the Commission. Therefore, the Commission certifies that this
Final Rule will not have significant economic impact on a substantial
number of small entities.
---------------------------------------------------------------------------

    \7\ 5 U.S.C. 601-12 (2012).
---------------------------------------------------------------------------

V. Document Availability

    8. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Web site (http://www.ferc.gov) and in
the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern Standard Time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
    9. From the Commission's homepage on the Internet, this information
is available in the Commission's document management system, eLibrary.
The full text of this document is available on eLibrary in PDF and
Microsoft Word format for viewing, printing, and/or downloading. To
access this document in eLibrary, type the docket number excluding the
last three digits of this document in the docket number field.
    10. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from FERC Online Support at 1-
866-208-3676 (toll free) or<PHONE_NUMBER> (email at
ferconlinesupport@ferc.gov), or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER> (email at public.referenceroom@ferc.gov).

VI. Effective Date and Congressional Notification

    11. This Final Rule is effective September 8, 2014. The Commission
has determined, with the concurrence of the Administrator of the Office
of Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996.\8\ The Commission will
submit the Final Rule to both houses of Congress and to the General
Accountability Office.
---------------------------------------------------------------------------

    \8\ See 5 U.S.C. 804(2) (2012).
---------------------------------------------------------------------------

List of Subjects in 18 CFR Part 4

    Administrative practice and procedure, Dams, Electric power,
Reporting and recordkeeping requirements.

    By the Commission.

    Issued: July 17, 2014.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission is amending Part
4, Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 4--LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT
COSTS

0
1. The authority citation for Part 4 continues to read as follows:

    Authority:  16 U.S.C. 791a-825v, 2601-2645; 42 U.S.C. 7101-7352.

Sec.  4.32  [Amended]

0
2. In Sec.  4.32:
0
a. Remove the next to last sentence of paragraph (b)(1).
0
b. Remove the last sentence of paragraph (b)(2).

Sec.  4.39  [Amended]

0
3. In Sec.  4.39(a):
0
a. Remove the first sentence.
0
b. Remove ``24 by 36'' and add in its place ``22 by 34''.
0
c. Remove ``28 by 40'' and add in its place ``24 by 36''.

[FR Doc. 2014-17268 Filed 7-23-14; 8:45 am]
BILLING CODE 6717-01-P