[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]


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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.

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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 
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 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.
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    \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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     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

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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


