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lotter on DSK11XQN23PROD with NOTICES1

Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices 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 employers right to discipline or terminate specific employees for reasons related to performance or conduct, in accordance with the employers 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 7a36 of the Small Business Act 15 U.S.C. 636a36, 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, 203e1, which states in pertinent part that the term employee means any individual employed by an employer. There are other provisions contained in 203e 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,
17 The terms involuntary and involuntarily mean that the employer has made and implemented a unilateral decision to either lay off or furlough employees as opposed to the employees offering to be laid off or furloughed.
18 Public Law 1172, 72012C.
19 Public Law 1172, 72012E.
20 Public Law 1172, 72012F.
21 Public Law 1172, 72012G.
22 Or September 30, 2021, whichever is later.
23 Public Law 1172, 72012H.
24 Public Law 1172, 7202c.

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.
26 Public Law 1172, 7202c.
27 Public Law 1172, 7202c.
28 Public Law 1172, 72011C.

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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 employers 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 employees 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 employees 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 EEGs total compensation level.
Private Contribution. The term Private Contribution means the amount funded by the employer, to maintain at least 50 percent of the EEGs total compensation level. If DOT has to pro-rate the Public Contribution, then the applicant must adjust the Private Contribution accordingly.
29 Public
Law 1172, 72011A.
compensation level is defined below.
31 Public Law 1172, 72011B.
32 Public Law 1172, 72018.
30 Total
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