Notice2021-12374
Process for Eligible Businesses Requesting Support Under the Aviation Manufacturing Jobs Protection (AMJP) Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 14, 2021
Issuing agencies
Transportation Department
Abstract
The U.S. Department of Transportation (DOT) is hereby announcing the process for eligible businesses to apply for payroll assistance under the ``Aviation Manufacturing Jobs Protection'' (AMJP) program, established by the ``American Rescue Plan Act of 2021'' (ARPA), which was enacted on March 11, 2021. This notice contains critical deadlines, definitions, requirements, and processes for applicants. DOT does not plan to publish any further notice about this program in the Federal Register. Additional information for potential applicants will be published on the DOT program web page at https:// www.transportation.gov/AMJP. See further details within the Supplementary Information section of this notice.
Full Text
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<title>Federal Register, Volume 86 Issue 112 (Monday, June 14, 2021)</title>
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[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Notices]
[Pages 31573-31578]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12374]
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DEPARTMENT OF TRANSPORTATION
Process for Eligible Businesses Requesting Support Under the
Aviation Manufacturing Jobs Protection (AMJP) Program
AGENCY: U.S. Department of Transportation.
ACTION: Solicitation of applications.
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SUMMARY: The U.S. Department of Transportation (DOT) is hereby
announcing the process for eligible businesses to apply for payroll
assistance under the ``Aviation Manufacturing Jobs Protection'' (AMJP)
program, established by the ``American Rescue Plan Act of 2021''
(ARPA), which was enacted on March 11, 2021. This notice contains
critical deadlines, definitions, requirements, and processes for
applicants. DOT does not plan to publish any further notice about this
program in the Federal Register. Additional information for potential
applicants will be published on the DOT program web page at <a href="https://www.transportation.gov/AMJP">https://www.transportation.gov/AMJP</a>. See further details within the
Supplementary Information section of this notice.
DATES: 5:00 p.m. prevailing Eastern time on June 22, 2021 to submit any
questions regarding the application process. 5:00 p.m. prevailing
Eastern time on July 13, 2021 to submit applications in accordance with
the instructions contained in this Notice.
FOR FURTHER INFORMATION CONTACT: Alexus Jenkins-Reid, by phone at (202)
366-5112 or email <a href="/cdn-cgi/l/email-protection#7435393e2434101b005a131b02"><span class="__cf_email__" data-cfemail="b6f7fbfce6f6d2d9c298d1d9c0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
This notice announces the process for eligible businesses to apply
for payroll assistance under the ``Aviation Manufacturing Jobs
Protection'' (AMJP) program, established by the ``American Rescue Plan
Act of 2021'' (ARPA), which was enacted on March 11, 2021.\1\ DOT does
not plan to publish any further notice and no docket will be
established. Instead, DOT will maintain a list of Frequently Asked
Questions (FAQs) and answers on a dedicated web page (see related
information below).
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\1\ Public Law (Pub. L.) 117-2, Sec. Sec. 7201-7202.
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This application process was the subject of a prior notice in the
Federal Register, on April 14, 2021 (86 FR 1965), as required by the
Paperwork Reduction Act. The information collection requirement
associated with the application process has been approved by OMB under
OMB Control Number 2106-0048. Public reporting burden for the
certification is estimated to average 28 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Notwithstanding any other provision of
the law, no person is required to respond to, nor shall any person be
subject to a penalty for failure to comply with, a collection of
information subject to the requirements of the PRA, unless that
collection of information displays a currently valid OMB Control
Number.
The remainder of this notice includes:
1. Deadlines
2. Summary of Funding Opportunity
3. Eligibility Requirements and Definitions of Key Terms
4. How to Apply for Assistance Under This Program
5. Data and Documentation Required for the Application Process
6. Subsequent Steps and Associated Issues
7. Preservation of Safety-Related Responsibilities
8. Other Information
1. Deadlines
Deadline #1: Any questions regarding the application process must
be submitted to <a href="/cdn-cgi/l/email-protection#9cddd1d6ccdcf8f3e8b2fbf3ea"><span class="__cf_email__" data-cfemail="3879757268785c574c165f574e">[email protected]</span></a> by 5:00 p.m. prevailing Eastern time on
June 22, 2021. DOT will not reply directly to questions, but will
consider all questions received by this deadline and update the FAQs as
appropriate on the web page at <a href="https://www.transportation.gov/AMJP">https://www.transportation.gov/AMJP</a>.
Questions received after this deadline will be addressed to the extent
possible.
Deadline #2: Applications must be submitted in accordance with the
instructions contained in this Notice, by 5:00 p.m. prevailing Eastern
time on July 13, 2021. DOT will not consider any applications received
after this deadline. Applicants are strongly urged to complete the
application process at least 24 hours prior to the deadline and retain
the official confirmation notification. Any problems related to
telecommunications, connectivity, system compatibility, or any other
technical issues will be the sole responsibility of the applicant, and
DOT will not be able to accept or consider applications that are late,
incomplete, or submitted through any other channels.
Applicants are strongly discouraged from contacting DOT outside of
the established procedure for submitting questions (see Deadline #1,
above) or the formal application process. DOT will not use information
provided through any other mechanism. Additional contacts via
telephone, email, letters, or requests for in-person meetings will add
unnecessary burden,
[[Page 31574]]
and delay the overall process for all applicants.
To be eligible, businesses must meet all the requirements set forth
in ``Eligibility Requirements and Key Definitions'' and ``Other
Restrictions,'' below. Eligible businesses that wish to be considered
for this program must comply with the deadlines and requirements in
this notice and the online application system.
Only established business entities that meet the eligibility
requirements are eligible to apply for and receive funding under the
AMJP. Neither any other type of organization nor individual employees
(including contract employees) are eligible to apply for assistance
under this program.
DOT has established a dedicated web page containing information on
the AMJP program. This web page is publicly available at <a href="https://www.transportation.gov/AMJP">https://www.transportation.gov/AMJP</a>. DOT strongly recommends that all
interested businesses monitor this web page frequently for any new or
updated information regarding the AMJP program.
2. Summary of Funding Opportunity
The statute allows DOT to enter into agreements with eligible
business entities for a period of up to six months.\2\ During that
timeframe, DOT can provide up to 50 percent of the funding for the sole
purpose of continuation of employee wages, salaries, and benefits, to
maintain the Total Compensation Level \3\ for the Eligible Employee
Group (EEG) \4\ for the duration of the agreement, and to facilitate
the retention, rehire, or recall of employees of the applicant
business, except that such funds may not be used for back pay of
returning rehired or recalled employees.\5\
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\2\ Where possible, DOT will strive to work with recipients to
align the term of the agreement with the recipient's payroll
schedule, in order to simplify the supporting documentation,
reporting and subsequent audit reviews.
\3\ See definition of ``Total Compensation Level'' (below).
\4\ See definition of ``EEG'' (below).
\5\ Public Law 117-2, Sec. 7202(b).
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As a condition of an agreement with DOT, the employer commits to
refrain from conducting any involuntary layoffs, furloughs,\6\ or
reductions in pay or benefits for the EEG, from the date of application
and continuing until at least the expiration date of the agreement \7\
and receipt of Federal funds provided thereunder. Other restrictions
and requirements will apply as well, including a requirement to provide
immediate notice and justification to the Secretary \8\ of involuntary
furloughs or layoffs exceeding 10 percent of the workforce that is not
included in the EEG.\9\
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\6\ DOT interprets the term ``furlough'' to include reductions
in working days or hours.
\7\ Or September 30, 2021, whichever is later.
\8\ Wherever the term ``Secretary'' appears in this notice, it
refers to the Secretary of Transportation.
\9\ Public Law 117-2, Sec. 7201(2)(F).
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The statute appropriated $3,000,000,000 for this program, and
allows up to one (1) percent of the funds to be used for program
administration. If eligible requests exceed the available funds, then
DOT will reduce the funds provided, on a pro rata basis.\10\ If DOT has
to pro-rate the funds, then DOT will use the total compensation level
for each eligible applicant's EEG as the basis to calculate each
eligible applicant's resulting share.
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\10\ Public Law 117-2, Sec. 7202(d).
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Because of the pro-rata statutory requirement, DOT is conducting a
single application and review process, with the intent of identifying
all eligible recipients. This will enable DOT to determine whether
funds need to be pro-rated, before entering into any agreements.
In the event of pro-ration, the funding agreements will cite two
figures: First, the maximum eligible amount for the recipient; and
second, the estimated amount that DOT would pay to the recipient, which
would be lower than the maximum eligible amount. If any funds are
recovered after the pro rata allocation, then DOT may allocate those
funds, pro rata, among the remaining eligible recipients without any
further solicitation for the $3,000,000,000 described in this notice.
Moreover, DOT may reduce the amount of the Public Contribution that is
actually disbursed to the recipient, to match the actual Private
Contribution paid by the recipient, for documented compensation costs
actually incurred for the allowable purpose (to retain or rehire
employees within the EEG).
The ``Eligibility Requirements and Definitions of Key Terms''
section (below) reflects the criteria established in the statute, along
with key clarifications. DOT does not have the authority to add other
discretionary criteria in administering this program.
DOT intends to review all applications as quickly as possible after
Deadline #2, in order to determine the amount of funding that can be
made available to each eligible applicant.
3. Eligibility Requirements and Definitions of Key Terms
This section outlines several key requirements and definitions. The
online application process will provide more detailed instructions.
Eligible businesses. The statute establishes three categories of
businesses that are eligible to receive payroll assistance under this
program. To be eligible, a business must meet at least one of the
following three criteria: \11\
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\11\ Public Law 117-2, Sec. 7201(2)(A).
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<bullet> Businesses that actively manufacture an aircraft, aircraft
engine, propeller, or a component, part, or systems of an aircraft or
aircraft engine under a Federal Aviation Administration (FAA)
production approval. The term ``active'' is defined in FAA Order
8120.23A, Sec. 3-3(b), and means that ``FAA has issued a new production
approval, or the [production approval holder] PAH has produced and/or
shipped products or articles within the past 12 months.''
<bullet> Businesses that hold a certificate issued under Title 14,
Code of Federal Regulations (CFR), part 145, for maintenance, repair,
and overhaul of aircraft, aircraft engines, components, or propellers.
<bullet> Businesses that operate a process certified under SAE
AS9100 \12\ related to the design, development, or provision of an
aviation product or service, including a part, component, or
assembly.\13\
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\12\ For information about SAE AS9100, see <a href="https://www.sae.org/standards/content/as9100/">https://www.sae.org/standards/content/as9100/</a>.
\13\ It is not sufficient simply to be in the aviation
manufacturing business, even if the business meets other criteria
such as ISO certification. To be eligible, the business must meet
the criteria set forth in the statute as of the date the application
is submitted.
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There are several other requirements for eligibility. To be
eligible, businesses must also meet all of the following:
<bullet> The business has been established, created, or organized
in the United States or under the laws of the United States.\14\
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\14\ Public Law 117-2, Sec. 7201(2)(B)(i).
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<bullet> The business generated at least 50 percent of its 2019
operating revenues from aviation manufacturing activities and services,
or maintenance, repair, and overhaul activities and services based in
the United States (including its territories or possessions).\15\
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\15\ Public Law 117-2, Sec. 7201(2)(B)(ii).
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<bullet> Of the employees engaged in aviation manufacturing
activities and services, or maintenance, repair, and overhaul
activities and services as of April 1, 2020, at least 50 percent were
based in the United States (including its territories or
possessions).\16\
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\16\ Public Law 117-2, Sec. 7201(2)(B)(ii).
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[[Page 31575]]
<bullet> The business must have involuntarily \17\ furloughed or
laid off at least 10 percent of its total workforce in 2020 as compared
to 2019, or have experienced at least a 15 percent decline in 2020
total operating revenues compared to 2019. The applicant will be
required to provide either aggregate numbers of personnel as of
December 31, 2019 and December 31, 2020, or data demonstrating the
aggregate number of furlough days imposed between those dates, or total
operating revenues for the tax-years ending 2019 and 2020.\18\
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\17\ The terms ``involuntary'' and ``involuntarily'' mean that
the employer has made and implemented a unilateral decision to
either lay off or furlough employees (as opposed to the employees
offering to be laid off or furloughed).
\18\ Public Law 117-2, Sec. 7201(2)(C).
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<bullet> The business must identify an EEG and the ``total
compensation level'' for the EEG. (See separate definitions, below.)
<bullet> The business must be able to commit to funding its share
(the ``Private Contribution'') of the total compensation level for the
EEG, for the duration of the agreement.\19\
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\19\ Public Law 117-2, Sec. 7201(2)(E).
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<bullet> The business must be able to commit to provide immediate
notice and justification to the Secretary of any involuntary furloughs
or layoffs exceeding 10 percent of the workforce that is not included
in the EEG for the duration of the agreement and receipt of Federal
funds provided thereunder.\20\
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\20\ Public Law 117-2, Sec. 7201(2)(F).
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<bullet> The business cannot conduct involuntary furloughs or
reduce pay rates or benefits for the EEG between the date of
application and the date on which the applicant enters into an
agreement with the Secretary.\21\
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\21\ Public Law 117-2, Sec. 7201(2)(G).
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<bullet> The business must commit that it will not conduct
involuntary layoffs or furloughs, or reduce pay rates and benefits, for
the EEG, from the date of agreement at least until the expiration date
of the agreement.\22\ This commitment does not impede the employer's
right to discipline or terminate specific employees for reasons related
to performance or conduct, in accordance with the employer's
established policies.\23\
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\22\ Or September 30, 2021, whichever is later.
\23\ Public Law 117-2, Sec. 7201(2)(H).
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<bullet> The business cannot have been allowed a credit against
applicable employment taxes under section 2301 of the CARES Act (26
U.S.C. 3111 note) for the calendar quarter ending immediately before
entering into an agreement with DOT.\24\ Because DOT anticipates
establishing these agreements during the quarter ending September 30,
2021, this means the business cannot have been allowed such credits for
the quarter ending June 30, 2021.\25\
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\24\ Public Law 117-2, Sec. 7202(c).
\25\ DOT anticipates awarding agreements under the AMJP by the
end of September 2021, in which case this provision would mean the
applicant cannot have received the referenced credits during the
quarter ending June 30, 2021. If an applicant has received such
credits during that quarter, and wishes to forego such credits in
the quarter ending September 30, 2021, then DOT may still be able to
consider entering into an agreement after October 1, 2021.
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<bullet> The business cannot have received financial assistance
under section 4113 of the CARES Act (15 U.S.C. 9073).\26\
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\26\ Public Law 117-2, Sec. 7202(c).
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<bullet> The business cannot be expending financial assistance
under the paycheck protection program established under section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), as of the
date the employer submits an application under the AMJP.\27\
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\27\ Public Law 117-2, Sec. 7202(c).
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No entity (including any government agency or subdivision) may
submit an application on behalf of another entity. There is no
provision for sub-awards. Only eligible businesses (as defined above)
may apply.
Employee. The statute authorizing the AMJP defines ``employee''
based on section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203). This refers to Title 29 United States Code, Sec. 203(e)(1),
which states in pertinent part that ``the term `employee' means any
individual employed by an employer.'' There are other provisions
contained in Sec. 203(e) that are not relevant in the context of this
program. In addition, DOT has determined that a contract employee
(i.e., any individual who provides services but is compensated through
fees reported on IRS Form 1099 rather than through salary or wages
reported on IRS Form W2) may not be counted as an ``employee'' for
purposes of this program, unless they are themselves an established
business entity that meets all of the eligibility criteria, in which
case they may apply for the program directly.
Eligible Employee Group (EEG). Each applicant must define its EEG
based on the following parameters:
<bullet> Includes only employees that were engaged in aviation
manufacturing activities and services, or maintenance, repair, and
overhaul activities and services as of April 1, 2020.\28\ The term
``engaged in'' means employees who spent at least 50 percent of their
time actually conducting technical engineering design, design
oversight, and/or the physical steps involved in creating aircraft
parts or components, or conducting inspections, maintenance or repair
work on aircraft or aircraft components;
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\28\ Public Law 117-2, Sec. 7201(1)(C).
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<bullet> Cannot exceed 25 percent of the employer's total United
States workforce as it existed on April 1, 2020; \29\ and
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\29\ Public Law 117-2, Sec. 7201(1)(A).
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<bullet> Can only include employees with a total compensation level
\30\ of $200,000 or less per year as of April 1, 2020.\31\
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\30\ ``Total compensation level'' is defined below.
\31\ Public Law 117-2, Sec. 7201(1)(B).
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Total compensation level. The term ``total compensation level''
means the level of total base compensation and benefits being provided
to EEG employees, as of April 1, 2020, excluding overtime and premium
pay, and excluding any Federal, State, or local payroll taxes paid by
the employer.\32\
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\32\ Public Law 117-2, Sec. 7201(8).
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If an employee's base salary was $180,000 and their additional
benefits equated to $21,000, then that employee cannot be included in
the ``EEG'' even though the employee may pay Federal, State, or local
income tax on that compensation, and therefore the employee's net
compensation from the employer was less than $200,000.
United States workforce. For purposes of this program, DOT defines
``United States workforce'' to include employees who are legal
residents of the United States or its territories (including U.S.
citizens, lawful permanent residents, or others who were legally
permitted to work in the United States as of April 1, 2020, and are
still legally permitted to work in the United States as of the date the
application is submitted), and whose primary duty location is
physically located within the United States or its territories. It does
not include employees whose primary duty location is physically located
outside of the United States, even if they are employed by a U.S.-based
employer.
Public Contribution. The term ``Public Contribution'' means the
amount of funding available from the Federal Government under this
program, to provide up to 50 percent of the EEG's total compensation
level.
Private Contribution. The term ``Private Contribution'' means the
amount funded by the employer, to maintain at least 50 percent of the
EEG's total compensation level. If DOT has to pro-rate the Public
Contribution, then the applicant must adjust the Private Contribution
accordingly.
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4. How To Apply for Assistance Under This Program
DOT has published Assistance Listing #20.114 online at <a href="http://sam.gov">sam.gov</a>.
However, all applicants must complete the online application at <a href="https://www.transportation.gov/AMJP/apply">https://www.transportation.gov/AMJP/apply</a>, in strict accordance with Deadline
#2 as stated above. Applicants must provide all required data and
supporting documentation, and complete all required certifications,
based on the instructions accompanying the online application system.
DOT will provide system-related support through an online help desk.
However, DOT cannot assist applicants with substantive questions about
the application process beyond what is stated in this notice,
subsequent supplemental notices, or what may be posted on DOT's
official AMJP program web page in the form of FAQs.
Prospective applicants are strongly urged to complete the
application at least 24 hours prior to Deadline #2. Any problems
related to telecommunications, connectivity, system compatibility, or
any other technical issues will be the sole responsibility of the
applicant, and DOT will not be able to accept or consider applications
that are late, incomplete, or submitted through any other channels.
5. Data and Documentation Required for the Application Process
Applicants are required to provide the following data and
supporting documentation (in electronically searchable documents)
through the designated online application system, including but not
limited to financial reports and redacted payroll reports where
applicable. Please refer to the ``Eligibility Requirements and
Definitions of Key Terms'' section for further information on terms
used throughout this section. This is not a comprehensive listing. The
online application system will provide additional detailed
instructions:
<bullet> Legal name of the applicant (i.e., the legal name of the
business entity), as well as any other identities under which the
applicant may be doing business.
<bullet> Address, telephone, and email contact information for the
applicant.
<bullet> Business structure and ownership. The form of the
applicant's organization (e.g., Corporation, S Corporation, Limited
Liability Company, Sole Proprietorship, Partnership, etc.), along with
the state(s) in which the applicant is organized, and the date of
incorporation or organization.
<bullet> Name and title of the authorized representative of the
applicant (who will attest to the required certifications).
<bullet> If the applicant chooses to authorize any external parties
to assist in the online preparation of their application (such as
outside accountants, attorneys, or auditors), those parties must
register in the online application system and be authorized by the
applicant to provide information on behalf of the applicant. However,
the applicant will retain full responsibility for certifying that all
data provided is complete and accurate.
<bullet> The specific statutory criteria that the applicant meets
for eligibility under this program. The statute defines eligible
applicants to include a corporation, firm, or other business entity
that ``(i) actively manufactures an aircraft, aircraft engine,
propeller, or a component, part, or systems of an aircraft or aircraft
engine under a Federal Aviation Administration production approval;
(ii) holds a certificate issued under part 145 of title 14, Code of
Federal Regulations, for maintenance, repair, and overhaul of aircraft,
aircraft engines, components, or propellers; or (iii) operates a
process certified to SAE AS9100 \33\ related to the design,
development, or provision of an aviation product or service, including
a part, component, or assembly.'' The application system requires
applicants to identify which of these categories they meet, and how.
The system also requires applicants to upload supporting documentation,
including reference numbers and copies of certificates or
authorizations issued by either the FAA or SAE.
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\33\ See <a href="https://www.sae.org/standards/content/as9100/">https://www.sae.org/standards/content/as9100/</a>.
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<bullet> Other identification numbers, including but not limited to
the Employer/Taxpayer Identification Number (EIN/TIN), Data Universal
Numbering System (DUNS) number, Unique Entity Identifier under 2 CFR
part 25. All applicants must have registered with the System for Award
Management (SAM) at <a href="https://sam.gov/SAM/">https://sam.gov/SAM/</a>.\34\ For purposes of the AMJP
program, it is not necessary to be registered to pursue Federal
contracts (which takes longer to process). Instead, when asked ``Why
are you registering this entity to do business with the U.S.
government?'' applicants for the AMJP need only select the option that
reads, ``I only want to apply for federal assistance opportunities like
grants, loans, and other financial assistance programs.''
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\34\ As required by 2 CFR part 25.200(b), applicants must also
``Maintain an active SAM registration with current information,
including information on a recipient's immediate and highest level
owner and subsidiaries, as well as on all predecessors that have
been awarded a Federal contract or grant within the last three
years, if applicable, at all times during which it has an active
Federal award or an application or plan under consideration by a
Federal awarding agency.''
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<bullet> Quantitative data demonstrating how the applicant's
business operations meet the requirements regarding significant
operations (and a majority of its employees engaged) in aviation
manufacturing based in the United States. This will include the number
(and percentage) of employees who were engaged in aviation
manufacturing activities and services, or maintenance, repair, and
overhaul activities and services, and the percentage of those employees
who were based in the United States, as of April 1, 2020.
<bullet> Details sufficient to demonstrate how the applicant meets
the requirement to have ``involuntarily furloughed or laid off at least
10 percent of its total workforce in 2020 as compared to 2019, or has
experienced at least a 15 percent decline in 2020 revenues as compared
to 2019.'' Failure to provide sufficient detail addressing the key
criteria may result in a determination that the entity is ineligible or
unresponsive. The burden of meeting the statutory criterial falls on
the applicant.
<bullet> Certification that the applicant has not received a credit
against applicable employment taxes under section 2301 of the CARES Act
(26 U.S.C. 3111 note) for the immediately preceding calendar quarter
ending before such agreement is entered into, or financial assistance
under section 4113 of the CARES Act (15 U.S.C. 9073) (providing payroll
support to air carriers and contractors), and is not currently
expending financial assistance under the paycheck protection program
established under section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)), as of the date the employer submits an application under
the AMJP. If a business entity meets any of these criteria, there is no
provision in the statute that would allow the business to return those
funds in order to qualify for the AMJP.
<bullet> Definition of the applicant's ``EEG,'' identifying the job
categories and numbers of personnel in each category as of April 1,
2020.
<bullet> The total cost of compensation for the EEG for the six-
month period ending on April 1, 2020. DOT will require a breakdown of
the compensation costs (e.g., aggregate base wages and salaries, and
major benefit categories). Applicants will be required to provide
supporting documentation in sufficient detail to substantiate the
preceding costs, but specifically excluding any Personally Identifiable
Information (PII) for any individual employees. This may include
financial reports and redacted payroll reports, or such additional
[[Page 31577]]
supporting documentation as DOT may require.
<bullet> The amount of Public Contribution the applicant is
requesting (which may be equal to half the total compensation level (or
less) for the EEG as of April 1, 2020), and whether the applicant is
requesting the funds to rehire or retain employees, or a combination.
<bullet> Whether the applicant business entity is currently engaged
in any legal proceeding that could jeopardize its ability to fulfill
the legal commitments required in statute as conditions for receiving
funds under the AMJP. Examples of such proceedings could include (but
are not limited to) any process related to the United States Bankruptcy
Code, potential merger or acquisition discussions, or current
litigation against the applicant. The application system will request
that applicants identify any such issues at a high level, but avoid
including unnecessary details in the application. Such circumstances
would not necessarily, on their own, render an applicant ineligible.
However, DOT would consider such circumstances in a risk-based approach
to oversight, and may include additional conditions in the agreement,
including but not limited to continuing disclosure and supplemental
reporting requirements.
<bullet> Whether the applicant is delinquent on any debt to any
Federal agency, along with supporting details. Such circumstances would
not necessarily, on their own, render an applicant ineligible. However,
DOT may be required to coordinate with other Federal agencies to ensure
resolution of these circumstances before processing disbursements under
the AMJP.
<bullet> Certification by the applicant that they can and will
enter into a legal agreement with DOT, that will require the applicant
to (1) provide the Private Contribution (which means the remainder of
the total compensation costs associated with the EEG that is not funded
by assistance under the AMJP); and (2) not conduct any involuntary
layoffs, furloughs, or reductions in pay rates or benefits for the EEG
during the term of the agreement with DOT.
<bullet> Although DOT may verify the accuracy of these
certifications, possibly using a risk-based approach to verification,
applicants are legally responsible for ensuring the accuracy of these
certifications.
<bullet> After DOT determines eligibility and enters into an
agreement with the applicant (referred to hereafter as ``the
recipient''), DOT may also require the recipient to provide updated
information to DOT on the actual aggregate total cost of compensation
for the EEG during the period of the agreement with DOT, if DOT
determines it is necessary in order to review and approve actual
disbursements pursuant to the agreement. Recipients will be required to
provide supporting documentation in sufficient detail to substantiate
the actual costs, specifically excluding any Personally Identifiable
Information (PII) for any individual employees.
<bullet> Recipients will also be required to provide additional
supporting information and certifications in support of disbursement
requests.
<bullet> Sworn certification as to the complete and accurate nature
of all information provided, including all supporting documentation and
any information provided by other parties such as outside accountants,
auditors or attorneys, subject to civil or criminal penalties. The
specific certification language will include: ``I certify under penalty
of perjury that the information and certifications provided in the
application and its attachments are true and correct. WARNING: Anyone
who knowingly submits a false claim or makes a false statement is
subject to criminal and/or civil penalties, including confinement for
up to 5 years, fines, and civil penalties. (18 U.S.C. 287, 1001; 31
U.S.C. 3729, 3802).''
In making its eligibility determinations, DOT will not consider any
other factors, such as financial stability, financial need, economic
impacts of the business, magnitude of lost revenues, size of the
business, or regional considerations. DOT will make eligibility
determinations based solely on the statutory criteria, as set forth in
this notice.
Even if an applicant wishes to rely upon an outside entity to
prepare the entire application on their behalf, an authorized
representative of the applicant (which must be an owner, officer or
employee of the applicant) must make all the required certifications as
outlined above, after verifying that all of the information provided in
the application is complete and accurate.
Likewise, if an applicant relies upon an outside entity to assist
in the application process, the responsibility for meeting the deadline
remains with the applicant, including all required documentation and
certifications in the online system. DOT will not consider any
application that is either incomplete or submitted after Deadline #2.
DOT may seek additional supporting documentation from any applicant
at any time, either during the application review process or
subsequently. However, DOT shall not be under any obligation to allow
an applicant to modify its supporting information after Deadline #2 has
passed. Any materially incorrect, incomplete, or misleading information
provided in support of the application may be grounds for cancellation
of the agreement and recovery of any funds already disbursed or in
process of disbursement.
6. Subsequent Steps and Associated Issues
After all applications have been received, DOT will review and
validate the applications, make final eligibility determinations, and
determine the resulting allocation of funds. DOT cannot predict how
long this will take. The duration will depend heavily on the number of
applications received.
Once an agreement is in place, DOT may require continuing
disclosure and reporting in support of disbursement requests. If an
approved recipient experiences natural attrition within the EEG, or
terminates any employee in the eligibility employee group due to
performance or conduct issues in accordance with employer policy,\35\
DOT will not require the recipient to backfill vacancies. However, the
recipient will be required to disclose any reduction in the total
compensation costs for the EEG and DOT may make comparable reductions
in the actual disbursements to the recipient.
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\35\ Sec. 7201(2)(H).
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If the recipient backfills such vacancies during the term of the
agreement, then the recipient may include the associated compensation
costs in subsequent disbursement requests. However, any resulting
increase in total compensation costs will not increase the Public
Contribution.
The statute requires recipients to refrain from conducting
involuntary layoffs or furloughs among the EEG during the term of the
agreement.\36\ DOT's expectation is that this assistance program would
also reduce the need for businesses to consider layoffs or furloughs
after the term of the agreement has ended. Therefore, the agreement may
include disclosure requirements, and may state that the prohibition on
furloughs or layoffs among the EEG does not restrict the employer from
providing notice, during the term of the agreement, of actions that may
occur after the term of the agreement.
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\36\ Or until September 30, 2021, whichever is later.
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DOT anticipates making an initial disbursement shortly after
awarding each agreement. Recipient companies will be required to submit
updated
[[Page 31578]]
information, supporting documentation, and further certifications of
compliance prior to receiving any subsequent disbursement(s), including
comprehensive closeout documentation. As noted above, if award amounts
have to be reduced on a pro rata basis but then any funds are recovered
from other recipients, then DOT may make supplemental disbursements to
the remaining eligible recipients.
In accordance with 2 CFR 200.333 (``Retention requirements for
Records''), recipients will be required to retain all supporting
documentation for three (3) years after submitting the final
expenditure report. If any litigation, claim, or audit is started
before the expiration of the three-year period, then the records must
be retained until all litigation, claims, or audit findings involving
the records have been resolved and final action taken.
If a recipient enters an agreement under this program but then
cannot fulfill its statutory and contractual obligations under that
agreement, including (but not limited to) funding the Private
Contribution), then DOT will seek appropriate remedies, including (but
not limited to) termination of the agreement and/or recovery of any
funds already disbursed. All recipients may be subject to audits by DOT
or other oversight agencies, and any funds improperly used may have to
be returned to the government.
If a recipient enters an agreement under this program but then
files for protection under any process related to the United States
Bankruptcy Code, then DOT may terminate the agreement and seek
appropriate remedies, including recovery of any funds already
disbursed.
If a recipient enters an agreement under this program but is then
acquired by (or merges with) another business in a manner that affects
eligibility or compliance with the agreement, then DOT may terminate
the agreement and seek appropriate remedies, including recovery of any
funds already disbursed. The agreement will address related
requirements for notification to the government and assignment.
7. Preservation of Safety-Related Responsibilities
DOT will not make any substantive judgment about the job categories
that an applicant does or does not include in defining the EEG. DOT
will only verify that the EEG meets the requirements set forth in this
notice. Nothing in DOT's determination of eligibility in any way
relieves the applicant of its responsibilities, including all safety-
related responsibilities pursuant to certificates issued by the FAA, or
compliance obligations under federal regulations and any other legal
obligations.
8. Other Information
Financial assistance under this program is subject to the
requirements of 2 CFR part 170, in accordance with the Federal Funding
Accountability and Transparency Act of 2006 (Pub. L. 109-282), as
amended by section 6202 of Public Law 110-252. The agreements will
include corresponding requirements, including the requirements
pertaining to executive compensation. Before providing financial
assistance under this program greater than the simplified acquisition
threshold, DOT is required to review and consider any information about
the applicant that is in the designated integrity and performance
system accessible through SAM (currently FAPIIS \37\) (see 41 U.S.C.
2313). An applicant may, at its option, 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. DOT will consider any
comments by the applicant, in addition to the other information in the
designated integrity and performance system, in making a judgment about
the applicant's integrity, business ethics, and record of performance
under Federal awards when completing the review of risk posed by
applicants as described in 2 CFR 200.206.
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\37\ Federal Awardee Performance and Integrity Information
System.
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As noted previously, DOT strongly recommends that all interested
businesses monitor the official DOT program web page frequently for any
new or updated information regarding the AMJP program.
Signed in Washington, DC, on June 8, 2021.
Brian Elliott Black,
Director, Aviation Manufacturing Jobs Protection Program, U.S.
Department of Transportation.
[FR Doc. 2021-12374 Filed 6-11-21; 8:45 am]
BILLING CODE 4910-9X-P
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</html>Indexed from Federal Register on June 14, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.