Agency Request for Emergency Approval of an Information Collection of Information Associated With the Aviation Manufacturing Jobs Protection (AMJP) Program, 19695-19697 [2021-07468]
Download as PDF
Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Notices
(marking of major component parts and
replacement parts).
NHTSA notes that if GM wishes in the
future to modify the device on which
this exemption is based, the company
may have to submit a petition to modify
the exemption. Section 543.8(d) states
that a Part 543 exemption applies only
to vehicles that belong to a line
exempted under this part and equipped
with the antitheft device on which the
line’s exemption is based. Further,
section 543.10(c)(2) provides for the
submission of petitions ‘‘to modify an
exemption to permit the use of an
antitheft device similar to but differing
from the one specified in the
exemption.’’
The agency wishes to minimize the
administrative burden that section
543.10(c)(2) could place on exempted
vehicle manufacturers and itself. The
agency did not intend in drafting Part
543 to require the submission of a
modification petition for every change
to the components or design of an
antitheft device. The significance of
many such changes could be de
minimis. Therefore, NHTSA suggests
that if GM contemplates making any
changes, the effects of which might be
characterized as de minimis, it should
consult the agency before preparing and
submitting a petition to modify.
For the foregoing reasons, the agency
hereby grants in full GM’s petition for
exemption for the Chevrolet Trax
vehicle line from the parts-marking
requirements of 49 CFR part 541,
beginning with its MY 2022 vehicles.
Issued in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2021–07569 Filed 4–13–21; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
[Docket No: OST–2021–0038]
Agency Request for Emergency
Approval of an Information Collection
of Information Associated With the
Aviation Manufacturing Jobs
Protection (AMJP) Program
U.S. Department of
Transportation.
ACTION: Notice and request for
comments.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Department of Transportation (DOT)
provides notice that it will submit an
information collection request (ICR) to
the Office of Management and Budget
SUMMARY:
VerDate Sep<11>2014
17:22 Apr 13, 2021
Jkt 253001
(OMB) for emergency approval of a
proposed information collection. DOT
requests that OMB authorize the
collection of information on or before
May 15, 2021, for 180 days after the date
of approval by OMB. Upon receiving the
requested six-month emergency
approval by OMB, DOT will follow the
normal PRA procedures to obtain
extended approval for this proposed
information collection. The purpose of
this collection is to enable eligible
business entities 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.
DOT is requesting emergency approval
due to the urgency of making the
associated funds available to business
entities that meet the eligibility
requirements under the law. The
continued viability of these business
entities is crucial to supporting the
aviation industry and economic
recovery in the United States. Because
ARPA requires DOT to reduce funding
on a pro rata basis if eligible requests
exceed available funds, DOT must
identify the full universe of eligible
businesses and the magnitude of their
funding requests before issuing the first
agreement. The statutory requirements
of the AJMP also establish a strict sixmonth timeframe during which DOT
must enter into payroll support
agreements with eligible businesses.
DATES: Comments should be submitted
as soon as possible upon publication of
this notice in the Federal Register.
ADDRESSES: Comments and questions
should be directed to the Office of
Information and Regulatory Affairs
(OIRA), Attn: OST OMB Desk Officer,
725 17th Street NW, Washington, DC
20503. Comments and questions about
the ICR identified below may be
transmitted electronically to OIRA at
oira_submissions@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Information related to this ICR,
including applicable supporting
documentation may be obtained by
contacting Alexus Jenkins-Reid in the
Office of the Secretary of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590, via
telephone at (202) 366–4594, or via
email at AMJP@dot.gov.
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35; as amended) and 5
CFR part 1320 require each Federal
agency to obtain OMB approval to
initiate an information collection
activity. DOT is seeking OMB approval
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
19695
for the following DOT information
collection activity:
OMB Control Number: 2106–NEW.
Title: Aviation Manufacturing Jobs
Protection (AMJP) program.
Form Numbers: New collection.
Type of Review: Emergency approval
of information collection.
Expected Number of Respondents:
4,900.
Frequency: One-time application, to
be followed by disbursement requests
and closeout.
Estimated Average Burden per
Response: 28 hours (initial application,
12 hours; monthly disbursement
request, 2 hours each for 6 months; and
closeout documentation, 4 hours).
Estimated Total Annual Burden:
137,200.
Abstract: On March 11, 2021, the
‘‘American Rescue Plan Act of 2021’’
(ARPA), Public Law (Pub. L.) 117–2,
was enacted. Sections 7201 and 7202
establish the ‘‘Aviation Manufacturing
Jobs Protection’’ (AMJP) program. The
stated purpose of the program is ‘‘to
provide public contributions to
supplement compensation of an eligible
employee group’’ (which is defined in
the statute), by entering into agreements
with qualifying business entities to pay
up to half of the payroll costs for that
group of employees for up to six
months, in return for several
commitments, including a commitment
that the company will not involuntarily
furlough or lay off employees within
that group. Individual employees
(including contract employees) are not
eligible to apply for assistance under
this program.
Application for assistance under the
AMJP is voluntary. No business is
required to apply. To be eligible,
however, businesses must meet all the
requirements set forth in the law.
Therefore, DOT must collect certain
information from applicants to
determine eligibility. DOT must also
verify the accuracy of specific payment
requests from approved applicants, in
accordance with other laws and
regulations governing Federal financial
assistance programs, including (but not
limited to) the Anti-Deficiency Act, the
Federal Funding Accountability and
Transparency Act (FFATA), the
Payment Integrity Information Act of
2019, and 2 CFR part 200, among others.
The ARPA requires DOT to reduce
funding on a pro rata basis if eligible
requests exceed available funds.
Therefore, DOT will conduct a singleround, expedited application process to
identify all eligible requests before
beginning the award process.
Accordingly, DOT is developing a
process and system that will enable
E:\FR\FM\14APN1.SGM
14APN1
jbell on DSKJLSW7X2PROD with NOTICES
19696
Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Notices
businesses to apply for financial
assistance under the AMJP. DOT
anticipates using an online, web-based
system to collect the following
information:
• 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.
• Legal authority under which the
applicant is established.
• Name and title of the authorized
representative of the applicant (who
will attest to the required certifications).
• DOT may also require the identity
of external parties involved in
preparation of the application,
including outside accountants,
attorneys, or auditors who may be
assisting the business entity that is
applying for assistance under this
program.
• 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 1 related to the
design, development, or provision of an
aviation product or service, including a
part, component, or assembly.’’
Accordingly, DOT will require the
applicant to identify which of these
categories they meet, and how. DOT
may also require applicants to provide
supporting documentation, including
reference numbers and copies of
certificates or authorizations issued by
the Federal Aviation Administration or
by SAE.
• Location where the applicant was
legally established, created, or organized
to do business. This information and
supporting documentation will be
required to demonstrate how the
applicant meets the statutory
requirement to be ‘‘established, created,
or organized in the United States or
under the laws of the United States.’’
• Other identification numbers,
including but not limited to the
1 SAE refers to the Society of Automotive
Engineers, whose membership includes
aeronautical engineers. For information about SAE
AS9100, see https://www.sae.org/standards/
content/as9100/.
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17:22 Apr 13, 2021
Jkt 253001
Employer/Taxpayer Identification
Number (EIN/TIN), Data Universal
Numbering System (DUNS) number,
Unique Entity Identifier under 2 CFR
part 25, etc. All applicants will be
required to have pre-registered with the
System for Award Management (SAM)
at https://sam.gov/SAM/.
• Description of the applicant’s
business operations, in sufficient detail
to demonstrate how the applicant meets
the statutory requirement to have
‘‘significant operations in, and a
majority of its employees engaged in
aviation manufacturing activities and
services, or maintenance, repair, and
overhaul activities and services based in
the United States.’’ This will include a
listing of all business locations, and the
number of employees (and the
percentage of their time) engaged in
aviation-related versus other business
activities at each location, as of a
specific date that DOT will identify in
a subsequent program announcement.
• Details sufficient to demonstrate
how the applicant meets the
requirement to have ‘‘involuntarily
furloughed or laid off at least 10 percent
of its workforce in 2020 as compared to
2019 or has experienced at least a 15
percent decline in 2020 revenues as
compared to 2019.’’ The applicant will
be required to provide either aggregate
numbers of personnel as of April 1,
2019 and April 1, 2020, or total
operating revenue figures for the
applicant’s fiscal years ending 2019 and
2020.
• 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. Although DOT may
verify the accuracy of these
certifications, including the possibility
of a risk-based approach to verification,
applicants are legally responsible for
ensuring the accuracy of these
certifications.
• Definition of the applicant’s
‘‘eligible employee group,’’ as defined in
the statute, identifying the specific job
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
categories and numbers of personnel in
each category.2
• The actual aggregate total cost of
compensation for the eligible employee
group for the six-month period ending
March 31, 2021. DOT requires this
information to calculate the potentially
eligible amount of financial assistance
under the AMJP (subject to pro rata
reduction if necessary due to
availability of funds). DOT anticipates
requiring a breakdown of the
compensation costs (e.g., aggregate base
salaries versus other major benefit
categories, including but not limited to
medical benefits paid by the employer,
paid leave, insurance premiums paid by
the employer, employer match on
employee retirement contributions,
etc.). Applicants will be required to
provide supporting documentation in
sufficient detail to substantiate the
preceding aggregate 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 supporting
documentation as DOT may require.
• 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.
• Whether the applicant is delinquent
on any debt to any Federal agency,
along with supporting details.
• 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 eligible
employee group 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 eligible employee group
2 The statutory definition of the ‘‘eligible
employee group’’ is the portion of an employer’s
United States workforce that does not exceed 25
percent of the employer’s total United States
workforce as of April 1, 2020; contains only
employees with a total compensation level of
$200,000 or less per year; and is engaged in aviation
manufacturing activities and services, or
maintenance, repair, and overhaul activities and
services.
E:\FR\FM\14APN1.SGM
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Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Notices
during the term of the agreement with
DOT.
• A sworn certification as to the
complete and accurate nature of all
information provided, including all
supporting documentation, 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).’’
• 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 the actual aggregate
total cost of compensation for the
eligible employee group 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.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and the American Rescue Plan Act of 2021
(Pub. L. 117–2).
Signed in Washington, DC on April 7,
2021.
Brian Elliott Black,
Special Program Development Lead, U.S.
Department of Transportation.
[FR Doc. 2021–07468 Filed 4–13–21; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0677]
jbell on DSKJLSW7X2PROD with NOTICES
Agency Information Collection
Activity: Contract for Training and
Employment
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
Veterans Benefits
Administration, Department of Veterans
SUMMARY:
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17:22 Apr 13, 2021
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Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of a currently approved
collection, and allow 60 days for public
comment in response to the notice.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before June 14, 2021.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Nancy J. Kessinger, Veterans Benefits
Administration (20M33), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420 or email to
nancy.kessinger@va.gov. Please refer to
‘‘OMB Control No. 2900–0677’’ in any
correspondence. During the comment
period, comments may be viewed online
through FDMS.
FOR FURTHER INFORMATION CONTACT:
Maribel Aponte, Office of Enterprise
and Integration, Data Governance
Analytics (008), 1717 H Street NW,
Washington, DC 20006, (202) 266–4688
or email maribel.aponte@va.gov. Please
refer to ‘‘OMB Control No. 2900–0677’’
in any correspondence.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995, Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VBA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VBA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VBA’s estimate of the
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Authority: 38 U.S.C. 501(a) and 38
U.S.C. 3104.
Title: Contract for Training and
Employment (Chapter 31, Title 38, U.S.
Code).
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
19697
OMB Control Number: 2900–0677.
Type of Review: Extension of a
currently approved collection.
Abstract: VA Form 28–1903 is used to
gather the necessary information to
develop formal training agreements with
an institution, training establishment, or
employer for training and rehabilitation
under 38 U.S.C. Chapter 31.
Additionally, the information is used to
authorize a claimant’s participation in a
program with a training vendor or
facility under 38 U.S.C 3104.
Affected Public: Private Sector.
Estimated Annual Burden: 400 hours.
Estimated Average Burden per
Respondent: 60 minutes.
Frequency of Response: One time.
Estimated Number of Respondents:
1,600.
By direction of the Secretary.
Dorothy Glasgow,
VA PRA Clearance Officer (Alt), Office of
Enterprise and Integration/Data Governance
Analytics, Department of Veterans Affairs.
[FR Doc. 2021–07578 Filed 4–13–21; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0024]
Agency Information Collection
Activity: Insurance Deduction
Authorization
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
Veterans Benefits
Administration, Department of Veterans
Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of a currently approved
collection, and allow 60 days for public
comment in response to the notice.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before June 14, 2021.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Nancy J. Kessinger, Veterans Benefits
Administration (20M33), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420 or email to
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Notices]
[Pages 19695-19697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07468]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
[Docket No: OST-2021-0038]
Agency Request for Emergency Approval of an Information
Collection of Information Associated With the Aviation Manufacturing
Jobs Protection (AMJP) Program
AGENCY: U.S. Department of Transportation.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
Department of Transportation (DOT) provides notice that it will submit
an information collection request (ICR) to the Office of Management and
Budget (OMB) for emergency approval of a proposed information
collection. DOT requests that OMB authorize the collection of
information on or before May 15, 2021, for 180 days after the date of
approval by OMB. Upon receiving the requested six-month emergency
approval by OMB, DOT will follow the normal PRA procedures to obtain
extended approval for this proposed information collection. The purpose
of this collection is to enable eligible business entities 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. DOT is requesting
emergency approval due to the urgency of making the associated funds
available to business entities that meet the eligibility requirements
under the law. The continued viability of these business entities is
crucial to supporting the aviation industry and economic recovery in
the United States. Because ARPA requires DOT to reduce funding on a pro
rata basis if eligible requests exceed available funds, DOT must
identify the full universe of eligible businesses and the magnitude of
their funding requests before issuing the first agreement. The
statutory requirements of the AJMP also establish a strict six-month
timeframe during which DOT must enter into payroll support agreements
with eligible businesses.
DATES: Comments should be submitted as soon as possible upon
publication of this notice in the Federal Register.
ADDRESSES: Comments and questions should be directed to the Office of
Information and Regulatory Affairs (OIRA), Attn: OST OMB Desk Officer,
725 17th Street NW, Washington, DC 20503. Comments and questions about
the ICR identified below may be transmitted electronically to OIRA at
[email protected].
FOR FURTHER INFORMATION CONTACT: Information related to this ICR,
including applicable supporting documentation may be obtained by
contacting Alexus Jenkins-Reid in the Office of the Secretary of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, via
telephone at (202) 366-4594, or via email at [email protected].
SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35; as amended) and 5 CFR part 1320 require each Federal
agency to obtain OMB approval to initiate an information collection
activity. DOT is seeking OMB approval for the following DOT information
collection activity:
OMB Control Number: 2106-NEW.
Title: Aviation Manufacturing Jobs Protection (AMJP) program.
Form Numbers: New collection.
Type of Review: Emergency approval of information collection.
Expected Number of Respondents: 4,900.
Frequency: One-time application, to be followed by disbursement
requests and closeout.
Estimated Average Burden per Response: 28 hours (initial
application, 12 hours; monthly disbursement request, 2 hours each for 6
months; and closeout documentation, 4 hours).
Estimated Total Annual Burden: 137,200.
Abstract: On March 11, 2021, the ``American Rescue Plan Act of
2021'' (ARPA), Public Law (Pub. L.) 117-2, was enacted. Sections 7201
and 7202 establish the ``Aviation Manufacturing Jobs Protection''
(AMJP) program. The stated purpose of the program is ``to provide
public contributions to supplement compensation of an eligible employee
group'' (which is defined in the statute), by entering into agreements
with qualifying business entities to pay up to half of the payroll
costs for that group of employees for up to six months, in return for
several commitments, including a commitment that the company will not
involuntarily furlough or lay off employees within that group.
Individual employees (including contract employees) are not eligible to
apply for assistance under this program.
Application for assistance under the AMJP is voluntary. No business
is required to apply. To be eligible, however, businesses must meet all
the requirements set forth in the law. Therefore, DOT must collect
certain information from applicants to determine eligibility. DOT must
also verify the accuracy of specific payment requests from approved
applicants, in accordance with other laws and regulations governing
Federal financial assistance programs, including (but not limited to)
the Anti-Deficiency Act, the Federal Funding Accountability and
Transparency Act (FFATA), the Payment Integrity Information Act of
2019, and 2 CFR part 200, among others.
The ARPA requires DOT to reduce funding on a pro rata basis if
eligible requests exceed available funds. Therefore, DOT will conduct a
single-round, expedited application process to identify all eligible
requests before beginning the award process.
Accordingly, DOT is developing a process and system that will
enable
[[Page 19696]]
businesses to apply for financial assistance under the AMJP. DOT
anticipates using an online, web-based system to collect the following
information:
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.
Legal authority under which the applicant is established.
Name and title of the authorized representative of the
applicant (who will attest to the required certifications).
DOT may also require the identity of external parties
involved in preparation of the application, including outside
accountants, attorneys, or auditors who may be assisting the business
entity that is applying for assistance under this program.
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 \1\ related to the design, development,
or provision of an aviation product or service, including a part,
component, or assembly.'' Accordingly, DOT will require the applicant
to identify which of these categories they meet, and how. DOT may also
require applicants to provide supporting documentation, including
reference numbers and copies of certificates or authorizations issued
by the Federal Aviation Administration or by SAE.
---------------------------------------------------------------------------
\1\ SAE refers to the Society of Automotive Engineers, whose
membership includes aeronautical engineers. For information about
SAE AS9100, see https://www.sae.org/standards/content/as9100/.
---------------------------------------------------------------------------
Location where the applicant was legally established,
created, or organized to do business. This information and supporting
documentation will be required to demonstrate how the applicant meets
the statutory requirement to be ``established, created, or organized in
the United States or under the laws of the United States.''
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, etc. All applicants will be required to have pre-registered
with the System for Award Management (SAM) at https://sam.gov/SAM/.
Description of the applicant's business operations, in
sufficient detail to demonstrate how the applicant meets the statutory
requirement to have ``significant operations in, and a majority of its
employees engaged in aviation manufacturing activities and services, or
maintenance, repair, and overhaul activities and services based in the
United States.'' This will include a listing of all business locations,
and the number of employees (and the percentage of their time) engaged
in aviation-related versus other business activities at each location,
as of a specific date that DOT will identify in a subsequent program
announcement.
Details sufficient to demonstrate how the applicant meets
the requirement to have ``involuntarily furloughed or laid off at least
10 percent of its workforce in 2020 as compared to 2019 or has
experienced at least a 15 percent decline in 2020 revenues as compared
to 2019.'' The applicant will be required to provide either aggregate
numbers of personnel as of April 1, 2019 and April 1, 2020, or total
operating revenue figures for the applicant's fiscal years ending 2019
and 2020.
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. Although DOT may verify the accuracy of these certifications,
including the possibility of a risk-based approach to verification,
applicants are legally responsible for ensuring the accuracy of these
certifications.
Definition of the applicant's ``eligible employee group,''
as defined in the statute, identifying the specific job categories and
numbers of personnel in each category.\2\
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\2\ The statutory definition of the ``eligible employee group''
is the portion of an employer's United States workforce that does
not exceed 25 percent of the employer's total United States
workforce as of April 1, 2020; contains only employees with a total
compensation level of $200,000 or less per year; and is engaged in
aviation manufacturing activities and services, or maintenance,
repair, and overhaul activities and services.
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The actual aggregate total cost of compensation for the
eligible employee group for the six-month period ending March 31, 2021.
DOT requires this information to calculate the potentially eligible
amount of financial assistance under the AMJP (subject to pro rata
reduction if necessary due to availability of funds). DOT anticipates
requiring a breakdown of the compensation costs (e.g., aggregate base
salaries versus other major benefit categories, including but not
limited to medical benefits paid by the employer, paid leave, insurance
premiums paid by the employer, employer match on employee retirement
contributions, etc.). Applicants will be required to provide supporting
documentation in sufficient detail to substantiate the preceding
aggregate 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
supporting documentation as DOT may require.
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.
Whether the applicant is delinquent on any debt to any
Federal agency, along with supporting details.
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 eligible employee
group 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 eligible employee group
[[Page 19697]]
during the term of the agreement with DOT.
A sworn certification as to the complete and accurate
nature of all information provided, including all supporting
documentation, 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).''
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 the actual
aggregate total cost of compensation for the eligible employee group
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.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and the American Rescue Plan Act of 2021
(Pub. L. 117-2).
Signed in Washington, DC on April 7, 2021.
Brian Elliott Black,
Special Program Development Lead, U.S. Department of Transportation.
[FR Doc. 2021-07468 Filed 4-13-21; 8:45 am]
BILLING CODE 4910-9X-P