OMB Emergency Clearance for New Information Collection Request (ICR): Bipartisan Infrastructure Law Airport Terminal and Tower Project Information

Federal Aviation
Administration

Memorandum
Date:

January 24, 2022

To:

Dr. Sharon Block, Acting Administrator, Office of Information and
Regulatory Affairs, Office of Management and Budget, Executive Office
of the President
Digitally signed by ROBIN K

ROBIN K HUNT HUNT
Date: 2022.01.24 12:39:20 -08'00'
From:

Robin K. Hunt, Manager, FAA Office of Airport BIL Implementation
Team

Subject:

OMB Emergency Clearance for New Information Collection Request
(ICR): Bipartisan Infrastructure Law Airport Terminal and Tower Project
Information

This is a request for an emergency clearance for a new information collection, titled
“Bipartisan Infrastructure Law Airport Terminal and Tower Project Information.” This
collection is necessary for implementation of the Bipartisan Infrastructure Law (BIL)
(P.L. 117-58) 1 which tasks the FAA to address the nation’s aging airport infrastructure. If
the FAA does not receive emergency approval, the nation’s airports will not get much
needed funding in a timely manner and will not meet the statutory timeline provided by
Congress. Also, without approval of emergency processing, the FAA will not be able to
fulfill its expanded mission, as directed under the BIL.
Pursuant to 5 Code of Federal Regulations § 1320.13, emergency processing is
appropriate where (1) the collection of information is needed prior to the expiration of
time periods established under the Paperwork Reduction Act and that collection is
essential to the mission of the Agency; and (2) the Agency cannot reasonably comply
with the normal clearance procedures because public harm is likely to result if normal
clearance procedures are followed. The regulation also provides that emergency
processing is appropriate where the use of normal clearance procedures is reasonably
likely to cause a statutory deadline to be missed.

1

Full text available at www.congress.gov/bill/117th-congress/house-bill/3684/text.

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This Information Collection is Necessary and Essential to the Mission of the FAA

This information collection is necessary for the FAA to comply with the BIL and perform
its mission of providing funding for the nation’s airports and aviation facilities. The
distribution of funds under BIL will rebuild America’s airports and air traffic control
towers, as well as bridges, rails, roads, and other critical infrastructure. The BIL identifies
project considerations that will help FAA and the nation’s airports address safety,
environmental, access and equity issues. These considerations include increasing terminal
capacity and passenger access, replacing aging infrastructure, achieving compliance with
the Americans with Disabilities Act, improving airport access for historically
disadvantaged populations, improving energy efficiency, improving airfield safety
through terminal relocation and encouraging actual and potential competition. A safe and
efficient airspace system is essential to the mission of the FAA.
Without this information, the FAA will not be able to fund airport terminal and tower
projects based on considerations outlined in the BIL.
Public Harm is Likely to Result if Emergency Processing is Not Granted
Public harm will likely result if the FAA cannot issue BIL Airport Terminal and Tower
Programs grants in a timely manner. The nation’s airport infrastructure has many needs
including rehabilitation and new development. It is the intent of the BIL to get these
much needed funds out to airports as quickly as possible so the flying public will have
improved airport infrastructure. The BIL designates the appropriation of BIL funds for
airport terminals and towers as an emergency requirement under Congressional spending
legislation. This demonstrates Congress’s recognition of a necessary and compelling need
for immediate funding action to improve this area of the nation’s infrastructure. In
addition, delay in implementing provisions in the BIL, such as the Airport Terminal and
Tower Programs, would delay needed improvements to the nation’s aging airport
infrastructure. The rapid timeline in the BIL to distribute grant funds shows Congress’s
intent to get this funding out to the nation’s airports quickly.
Use of Normal Clearance Procedures is Reasonably Likely to Cause a Statutory
Deadline to be Missed
The BIL was signed on November 15, 2021, and the law directed the FAA to publish a
Notice of Funding Opportunity within 60 days of the BIL being signed. However, in
consultation with OST, the Notice of Funding Opportunity (NOFO) is planned to be
published within 90 days of the BIL being signed. It is reasonably likely that the FAA
would miss these statutory deadlines if required to use normal clearance procedures for
this information collection. The normal clearance procedures would require separate
public comment periods of 30 and 60 days, subsequent review of comments, submission
to OMB, and OMB review and approval. It would not be possible to complete these
activities within 60 days, as required under the BIL, or even the 90 days currently
anticipated from BIL enactment. Emergency clearance for this information collection is
therefore requested to enable FAA to meet BIL statutory requirements.

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The FAA’s Role
To fulfill FAA’s mission and the intent of the BIL, FAA is working quickly to get
information on needed airport terminal and tower projects. FAA’s request for information
addresses areas of consideration outlined in the BIL. Historically, part of FAA’s mission
has been administering airport development grants and has thus been tasked with
administering BIL Airport Terminal Program and Tower Program grants.
Upon OMB approval of the emergency clearance, the FAA will publish a 30-day Federal
Register Notice to solicit public comments on the collection. The FAA will then complete
the normal OMB review process, considering any comment received, and post the
required 60-day and 30-day Federal Register Notices.
Due to the compressed timeline set in the BIL and the requirement to release the NOFO
no later than February 15, 2022, the FAA respectfully requests approval by February 11,
2022