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

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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 2 Where possible, DOT will strive to work with recipients to align the term of the agreement with the recipients payroll schedule, in order to simplify the supporting documentation, reporting and subsequent audit reviews.
3 See definition of Total Compensation Level below.
4 See definition of EEG below.
5 Public Law 1172, 7202b.
6 DOT interprets the term furlough to include reductions in working days or hours.
7 Or September 30, 2021, whichever is later.

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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 applicants EEG as the basis to calculate each eligible applicants 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 8 Wherever the term Secretary appears in this notice, it refers to the Secretary of Transportation.
9 Public Law 1172, 72012F.
10 Public Law 1172, 7202d.

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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. 33b, 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
11 Public
Law 1172, 72012A.
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.
14 Public Law 1172, 72012Bi.
15 Public Law 1172, 72012Bii.
16 Public Law 1172, 72012Bii.
12 For
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