[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Notices]
[Pages 66615-66616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29856]


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DEPARTMENT OF COMMERCE

Economic Development Administration


Proposed Information Collection; Comment Request; Form ED-840P 
Petition by a Firm for Certification of Eligibility To Apply for Trade 
Adjustment Assistance; Trade Adjustment Assistance for Firms Program

AGENCY: Economic Development Administration (EDA), Department of 
Commerce.

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before February 16, 
2010.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 7845, 14th 
and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Diane Rodriguez, Program Analyst, Performance and 
National Programs Division, Room 7009, Economic Development 
Administration, Washington, DC 20230, telephone (202) 482-4495, 
facsimile (202) 482-2838 (or via the Internet at 
[email protected]).

SUPPLEMENTARY INFORMATION:

I. Abstract

    EDA administers the Trade Adjustment Assistance for Firms (TAAF) 
Program, which is authorized under chapters 3 and 5 of title II of the 
Trade Act of 1974, as amended (19 U.S.C. 2341 et seq.) (Trade Act), 
through a national network of 11 non-profit and university-affiliated 
Trade Adjustment Assistance Centers (TAACs), each of which serves a 
different geographic service region. EDA certifies firms as eligible to 
participate in the TAAF Program and provides funding to allow eligible 
client-firms to receive adjustment assistance through the TAACs. The 
information collected on Form ED-840P and relevant supporting 
documentation is used to determine if a firm is eligible to participate 
in the program. In accordance with the Trade Act and EDA's regulations 
as set out at 13 CFR part 315, EDA must verify that the following have 
occurred: (1) A significant reduction in the number or proportion of 
the workers in the firm, a reduction in the workers' wage or work 
hours, or an imminent threat of such reductions; (2) sales or 
production of the firm have decreased absolutely, as defined in EDA's 
regulations, or sales or production, or both, of any article or service 
accounting for at least 25 percent of the firm's sales or production 
has decreased absolutely; and (3) an increase in imports of articles or 
services like or directly competitive with those produced or provided 
by the petitioning firm has contributed importantly to the decline in 
employment and sales or production of the firm. Additionally, the firm 
must demonstrate that its customers have reduced purchases from the 
firm in favor of buying items or services from foreign suppliers. The 
use of the form standardizes and limits the information collected as 
part of the certification process and eases the burden on applicants 
and reviewers alike.
    After being determined eligible for TAAF Program assistance using 
the information provided on Form ED-840P, firms must create an EDA-
approved adjustment proposal, which is each firm's business plan to 
remain viable in the current global economy, in order to receive 
financial assistance under the TAAF Program. Each adjustment proposal 
must meet certain requirements as set out in the Trade Act and EDA's 
regulation at 13 CFR 315.16. This notice also includes an estimate for 
adjustment proposals.
    Form ED-840P was renewed in June 2009; however, an emergency 
request was submitted to the Office of Management and Budget due to the 
eligibility changes in the Trade Adjustment Assistance for Firms 
Program as specified in the Trade and Globalization Adjustment 
Assistance Act (TGAAA) of 2009, which reauthorized the program. OMB 
approved this emergency request on August 12, 2009, and because of the 
time constraints of the emergency request, a notice for public comment 
was not processed. The emergency request is valid for six months and 
this notice will begin the process to extend the approval.
    In order to comply with and facilitate new reporting and 
eligibility requirements as stated in the TGAAA, three new collection 
items have been added to the form. In addition, a fourth

[[Page 66616]]

item was recommended by the TAAC Petition Team. Following are the 
changes to Form ED-840P:
    (1) Item 1 has been revised so that a firm's congressional district 
may be recorded. This will allow EDA to comply with the statutory 
requirement to report the number of petitions and certifications by 
congressional district.
    (2) Item 6 has been revised so that petitioners may clarify whether 
they are using decline in net sales or net production to qualify. This 
will allow a more accurate calculation of a firm's productivity 
measure, which EDA is calculating as net sales per employee. EDA is 
required to report on a firm's productivity at time of certification, 
upon completion of the program, and each year for the two years 
thereafter.
    (3) The eligibility criteria have been revised to allow for a 24 or 
36-month look-back period. Item 6 of Form ED-840P has been revised so 
that petitioners can clearly indicate their look-back period.
    (4) As recommended by the TAACs, Item 12 has been revised to allow 
the respective TAAC Director to sign certifying the accuracy and 
completeness of the petition information.

II. Method of Collection

    Form ED-840P may be downloaded in Portable Document Format (PDF) 
from EDA's Web site at http://www.eda.gov/InvestmentsGrants/Directives.xml. Although there is no form associated with adjustment 
proposals, they must meet the requirements set out in EDA's regulation 
at 13 CFR 315.16. Both petitions for certification on Form ED-840P and 
adjustment proposals may be submitted via e-mail to [email protected] or 
in hard copy to EDA at 1401 Constitution Avenue, NW., Room 7106, 
Washington DC 20230.

III. Data

    OMB Control Number: 0610-0091.
    Form Number(s): ED-840P.
    Type of Review: Regular submission.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 800 (500 petitions for 
certification and 300 adjustment proposals).
    Estimated Time Per Response: 128.2 hours (8.2 for petitions for 
certification and 120 for adjustment proposals)
    Estimated Total Annual Burden Hours: 40,100 (4,100 for petitions 
for certification and 36,000 for adjustment proposals).
    Estimated Total Annual Cost to Public: $0.

IV. Request for Comments

    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (2) the accuracy of the agency's estimate of the burden 
(including hours and cost) 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 other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: December 10, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. E9-29856 Filed 12-15-09; 8:45 am]
BILLING CODE 3510-34-P