Airport Alert: FAA Provides Update on Implementation of New Title VI Guidance

Based on conversations with the Federal Aviation Administration's (FAA) Office of Civil Rights, we wanted to share several updates regarding the status of the agency's implementation of new guidance from the U.S. Department of Transportation (DOT) on how airports are expected to comply with Title VI of the Civil Rights Act and other nondiscrimination statutes and requirements.

There are two important takeaways from the discussion. First, large and medium hub airports“which have to comply beginning in fiscal year 2023 (FY23)“do not need to have an FAA-approved Title VI Plan and Community Participation Plan in order to continue to be eligible for federal grants in October, the start of the fiscal year. The agency understands the need for a transition period where airports can continue to receive grant funding while they come into compliance. Second, FAA is planning to provide training and release plan templates in October that airports can utilize to help ensure they have a compliant Title VI program.

We are encouraged that FAA will be providing airports with training and education materials and enough time for airports to ensure they have a compliant Title VI program. We have provided additional details below regarding the new DOT guidance and how airports are expected to comply. In the meantime, we will continue to monitor FAA's implementation and help address any questions or concerns that arise.

Background. In June 2021, DOT published Order 1000.12C, 'The Department of Transportation Title VI Program' ('DOT Order'), which requires FAA to ensure that airports and other federal grant recipients are complying with their statutory obligations and not engaged in discrimination on the basis of race, color, national origin, age, sex, or creed. These nondiscrimination requirements are derived from Title VI of the Civil Rights Act of 1964, as well as other statutes and regulations that apply to federal grant recipients.

Airports have been required to comply with Title VI and other nondiscrimination requirements for decades. However, the DOT Order changed the policy regarding how FAA must ensure that airports are complying. In an August 12 letter to airport sponsors, FAA indicated that the agency will now have to confirm each airport sponsor's 'probable compliance' with these nondiscrimination requirements before the agency can issue a grant. There have been some unanswered questions though regarding how FAA will implement these new requirements.

Status of FAA Implementation. AAAE has received several questions regarding how airports are expected to comply with the new Title VI guidance and how it may or may not impact future grant awards. The following is an overview and status update on what airports need to know about the new Title VI requirements and processes that will be implemented beginning next month in October:

• New Requirements and Processes: There are two new changes that airports should expect to see. First, airports will have to complete a 'Title VI Pre-Grant Award Checklist' as part of each FAA grant application. You can view the checklist here. This will allow FAA to assess where the airport stands in terms of establishing a compliant Title VI program. Second, airports will have to develop a 'Title VI Plan' and a 'Community Participation Plan' and receive FAA approval for each. 

• Title VI Plans and Community Participation Plans: According to FAA, no airports have received approval of either plan yet under the new guidance, although some airports may have already developed these plans. FAA intends to release templates or sample plans that airports can use to ensure their plans comply with the requirements outlined in the DOT guidance. These templates are expected to be released in October. 

• Submitting Plans to FAA for Approval: The FAA Office of Civil Rights will be responsible for reviewing and approving Title VI Plans and Community Participation Plans. Airports will be able to submit their plans to FAA through the FAA Civil Rights Connect website. The agency indicated that they expect to be able to approve plans within a few days if an airport utilizes one of the templates or sample plans that will be made available. Otherwise, FAA believes they will be able to review and approve each plan no later than 45 days after submission.  

• Pre-Grant Award Checklist and Application Process: The Title VI Pre-Grant Award Checklist contains a series of questions that allows FAA to assess the status of each airport's Title VI program and will be a new form that airports must complete when they submit a grant application. However, FAA indicated that a 'NO' answer to some of the questions will not result in an airport losing grant eligibility during FY23 as the agency transitions to these new requirements and processes. For example, an airport can still apply for and receive a federal grant under the Airport Improvement Program or the Bipartisan Infrastructure Law even if the airport is waiting for FAA to approve its Title VI Plan and/or has not yet submitted the plan for approval. However, there is an expectation that the airport will submit the plan within a reasonable amount of time after FAA provides training and releases templates for the plans. 

• Submitting Pre-Grant Award Checklist to FAA: Airports will submit their completed Title VI Pre-Grant Award Checklist, along with their typical grant application, to their local Airports District Office or Regional Office. 

• FAA Training Forthcoming: FAA indicated that the agency will be providing airports with training on Title VI programs, including how to develop a Title VI Plan and a Community Participation Plan and how to obtain much of the information listed in the Pre-Grant Award Checklist. FAA expects to offer training for medium and large hub airports“which must comply beginning in FY23“in October. Subsequent training will be provided to other airports as their compliance date comes closer. 

• Implementation Timeline: According to FAA's August 12 letter, the new requirements regarding the pre-award Title VI checklist and compliance plans will take effect for large and medium hub airports in FY23; small and non-hub airports in FY24; Block Grant States and smaller commercial service/reliever airports in FY24; and general aviation airports in FY25.