Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices 31573 

1Public Law (Pub. L.) 117–2, §§ 7201–7202. 

Respondents may answer as many or 

as few questions (see the questions 

below) as they wish. 

Responses are preferred in one file 

submission, in a question and response 

manner. DOT will not respond to 

individual submissions but will publish 

publicly a compendium of responses. A 

response to this RFI will not be viewed 

as a binding commitment to develop or 

pursue the ideas proposed. 

Respondents are requested to provide 

the following information at the 

beginning of their response to this RFI: 

• Contact name/Institution name 

• Institution contact 

• Address, phone number, and email 

address 

DOT looks forward to your 

submission in response to this notice. 

FOR FURTHER INFORMATION CONTACT: The 

monitored inbox at 

transportationequity@dot.gov. You may 

also contact Maya Sarna at maya.sarna@

dot.gov or (202) 366–5811. 

Please reference ‘‘RFI for 

Transportation Equity Data’’ in the 

subject line when submitting your 

email. 

SUPPLEMENTARY INFORMATION: 

Notice of Public Webinar 

On June 18, 2021 DOT will hold a 

public webinar to broadly discuss the 

actions DOT has taken to respond to the 

Equity E.O. Details of the public 

webinar are noted below. The public 

webinar requires registration and will be 

open to the first 500 unique registrants. 

The DOT requests that multiple 

participants from the same organization 

wishing to attend the public webinar 

limit registration to no more than 10 

participants. 

Date: Friday, June 18, 2021 

Time: 2:00 p.m.–3:00 p.m. (ET) 

Registration Link: 

www.transportation.gov/equity 

DOT invites the public, transportation 

equity thought leaders, advocacy groups 

and stakeholders to provide input on 

the critical first steps in this process. 

This notice is not a Solicitation, and it 

does not seek the submission of formal, 

binding quotations/proposals. In the 

event OST–P determines that services 

will be procured, a formal Request for 

Quote/Proposal will be issued. OST–P 

cannot and will not reimburse any 

organization for its time, effort, or costs 

expended in responding to this RFI. 

Issued on: June 8, 2021. 

Irene Marion, 

Director, Office of Civil Rights. 

[FR Doc. 2021–12328 Filed 6–11–21; 8:45 am] 

BILLING CODE 4910–9X–P 

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. 

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 https://

www.transportation.gov/AMJP. 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 AMJP@dot.gov. 

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). 

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 AMJP@dot.gov 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 https://

www.transportation.gov/AMJP. 

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, 


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2Where 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. 

3See definition of ‘‘Total Compensation Level’’ 

(below). 

4See definition of ‘‘EEG’’ (below). 

5Public Law 117–2, § 7202(b). 

6 DOT interprets the term ‘‘furlough’’ to include 

reductions in working days or hours. 

7Or September 30, 2021, whichever is later. 

8Wherever the term ‘‘Secretary’’ appears in this 

notice, it refers to the Secretary of Transportation. 

9Public Law 117–2, § 7201(2)(F). 

10Public Law 117–2, § 7202(d). 

11Public Law 117–2, § 7201(2)(A). 

12For information about SAE AS9100, see https:// 

www.sae.org/standards/content/as9100/. 

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. 

14Public Law 117–2, § 7201(2)(B)(i). 

15Public Law 117–2, § 7201(2)(B)(ii). 

16Public Law 117–2, § 7201(2)(B)(ii). 

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 https://

www.transportation.gov/AMJP. 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

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

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. 

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

• 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.’’ 

• 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. 

• 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

There are several other requirements 

for eligibility. To be eligible, businesses 

must also meet all of the following: 

• The business has been established, 

created, or organized in the United 

States or under the laws of the United 

States.14

• 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

• 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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17The 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). 

18Public Law 117–2, § 7201(2)(C). 

19Public Law 117–2, § 7201(2)(E). 

20Public Law 117–2, § 7201(2)(F). 

21Public Law 117–2, § 7201(2)(G). 

22Or September 30, 2021, whichever is later. 

23Public Law 117–2, § 7201(2)(H). 

24Public Law 117–2, § 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. 

26Public Law 117–2, § 7202(c). 

27Public Law 117–2, § 7202(c). 

28Public Law 117–2, § 7201(1)(C). 

29Public Law 117–2, § 7201(1)(A). 

30 ‘‘Total compensation level’’ is defined below. 

31Public Law 117–2, § 7201(1)(B). 

32Public Law 117–2, § 7201(8). 

• 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

• The business must identify an EEG 

and the ‘‘total compensation level’’ for 

the EEG. (See separate definitions, 

below.) 

• 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

• 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

• 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

• 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

• 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

• The business cannot have received 

financial assistance under section 4113 

of the CARES Act (15 U.S.C. 9073).26

• 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

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, 

§ 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 § 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: 

• 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; 

• Cannot exceed 25 percent of the 

employer’s total United States 

workforce as it existed on April 1, 

2020; 29 and 

• Can only include employees with a 

total compensation level 30 of $200,000 

or less per year as of April 1, 2020.31

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

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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33See https://www.sae.org/standards/content/ 

as9100/. 

34As 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.’’ 

4. How To Apply for Assistance Under 

This Program 

DOT has published Assistance Listing 

#20.114 online at sam.gov. However, all 

applicants must complete the online 

application at https://

www.transportation.gov/AMJP/apply, 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: 

• 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. 

• Address, telephone, and email 

contact information for the applicant. 

• 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. 

• Name and title of the authorized 

representative of the applicant (who 

will attest to the required certifications). 

• 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. 

• 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. 

• 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 https://sam.gov/ 

SAM/.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.’’ 

• 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. 

• 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. 

• 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. 

• Definition of the applicant’s ‘‘EEG,’’ 

identifying the job categories and 

numbers of personnel in each category 

as of April 1, 2020. 

• 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 


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35 § 7201(2)(H). 

36Or until September 30, 2021, whichever is 

later. 

supporting documentation as DOT may 

require. 

• 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. 

• 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. 

• 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. 

• 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. 

• 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. 

• 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. 

• Recipients will also be required to 

provide additional supporting 

information and certifications in 

support of disbursement requests. 

• 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. 

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. 

DOT anticipates making an initial 

disbursement shortly after awarding 

each agreement. Recipient companies 

will be required to submit updated 


lotter on DSK11XQN23PROD with NOTICES1
31578 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices 

37Federal Awardee Performance and Integrity 

Information System. 

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 safetyrelated 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. 

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 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Information Collection 

Renewal; Submission for OMB Review; 

Fair Credit Reporting: Affiliate 

Marketing 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to comment on the renewal of 

an information collection as required by 

the Paperwork Reduction Act of 1995 

(PRA). An agency may not conduct or 

sponsor, and a respondent is not 

required to respond to, an information 

collection unless it displays a currently 

valid Office of Management and Budget 

(OMB) control number. The OCC is 

soliciting comment concerning the 

renewal of an information collection 

titled, ‘‘Affiliate Marketing.’’ The OCC 

also is giving notice that it has sent the 

collection to OMB for review. 

DATES: Comments must be submitted on 

or before July 14, 2021. 

ADDRESSES: Commenters are encouraged 

to submit comments by email, if 

possible. You may submit comments by 

any of the following methods: 

• Email: prainfo@occ.treas.gov. 

• Mail: Chief Counsel’s Office, 

Attention: Comment Processing, 1557– 

0230, Office of the Comptroller of the 

Currency, 400 7th Street SW, Suite 3E– 

218, Washington, DC 20219. 

• Hand Delivery/Courier: 400 7th 

Street SW, Suite 3E–218, Washington, 

DC 20219. 

• Fax: (571) 465–4326. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘1557– 

0230’’ in your comment. In general, the 

OCC will publish comments on 

www.reginfo.gov without change, 

including any business or personal 

information provided, such as name and 

address information, email addresses, or 

phone numbers. Comments received, 

including attachments and other 

supporting materials, are part of the 

public record and subject to public 

disclosure. Do not include any 

information in your comment or 

supporting materials that you consider 

confidential or inappropriate for public 

disclosure. 

Written comments and 

recommendations for the proposed 

information collection should be sent 


lotter on DSK11XQN23PROD with NOTICES1