[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Pages 1345-1354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-273]



[[Page 1345]]

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DEPARTMENT OF COMMERCE

Economic Development Administration

[Docket No.: 100105005-0006-01]


Solicitation of Applications for the Community Trade Adjustment 
Assistance Program

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

ACTION: Notice and request for applications.

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SUMMARY: In February of 2009, Congress enacted the Trade and 
Globalization Adjustment Assistance Act of 2009, which in part was 
intended to establish a new Community Trade Adjustment Assistance 
(Community TAA) Program under chapter 4 of title II of the Trade Act of 
1974 (19 U.S.C. 2371 et seq.) (Trade Act) to help communities respond 
to the loss of jobs caused by the layoffs at firms and other types of 
employers impacted by trade competition. This notice announces general 
policies and application requirements for the Community TAA Program. 
Grants made under the program may be used to support a wide range of 
technical, planning, and infrastructure projects to help communities 
adapt to pressing trade impact issues and diversify their economies.
    To be eligible to apply, a community must have been impacted by 
trade as evidenced by one or more ``Cognizable Certifications'' being 
made with respect to the community under one of the following three 
Trade Adjustment Assistance (TAA) programs: TAA for Workers, TAA for 
Firms, or TAA for Farmers. In addition, EDA must make an ``Affirmative 
Determination'' that an applicant is an ``Impacted Community,'' meaning 
that EDA determines the community is significantly affected by the 
threat to, or the loss of, jobs associated with one or more Cognizable 
Certifications. A community may rely on more than one Cognizable 
Certification to show trade impact, but must use the most recent 
certification to determine whether the community must submit as a 
Grandfathered Community or as Group A or B Standard Date Community. 
Please see below and sections III.B.2. and III.B.3 of the FFO 
announcement for a complete discussion. Applications for assistance 
from eligible communities will be competitively evaluated in order to 
maximize the impact of the program in creating and saving jobs.
    Applicants are advised to read carefully all information and 
instructions contained in the Federal Funding Opportunity (FFO) 
announcement for this request for applications. To access the FFO 
announcement, please see the Web sites listed below under ``Electronic 
Access.''

DATES: The deadline for the submission of full applications for grant 
assistance under this notice is April 20, 2010. Please note that this 
competitive solicitation has two categories of applicants: 
``Grandfathered Communities'' and ``Standard Date Communities.'' In 
addition, the ``Standard Date Communities'' category has been further 
broken down into Groups A and B because of timing considerations. 
Although there is one deadline for grant applications under the 
program, the Trade Act requires that Grandfathered Communities and 
Group A Standard Date Communities must submit certain information to 
preserve their eligibility under the program. This information may 
either be submitted as part of a full application or as a 
preapplication using the Application for Federal Assistance (Form SF-
424). The following paragraphs provide more detailed information.
    Dates for Preapplication and Application Submissions: Different 
deadlines apply to preapplications and full applications.

Grandfathered Communities With a Cognizable Certification Made on or 
After January 1, 2007 and Before August 1, 2009

    A Grandfathered Community must submit information for EDA's 
Affirmative Determination by February 1, 2010 to be eligible for 
funding under the Community TAA Program. Although the deadline for full 
applications is April 20, 2010, EDA strongly encourages Grandfathered 
Communities to submit their full application for grant assistance by 
the February 1, 2010 deadline for submission of their information for 
an Affirmative Determination. Submission of the full application by 
this date will allow EDA to make the Affirmative Determination in 
connection with the decision on whether EDA will fund the application. 
However, Grandfathered Communities that are not prepared to submit a 
full application by the February 1, 2010 deadline for the Affirmative 
Determination must submit a preapplication, using Form SF-424, by 
February 1, 2010. Applicants choosing to submit a preapplication still 
must submit a full application for grant assistance by the April 20, 
2010 deadline to be considered for funding under the program.

Group A Standard Date Communities With Cognizable Certifications Made 
on or After August 1, 2009 Through October 21, 2009

    Group A Standard Date Communities must submit information for EDA's 
Affirmative Determination within 180 days of the date of the 
community's most recent Cognizable Certification. EDA strongly 
encourages Group A Standard Date Communities to submit a full 
application for grant assistance that incorporates information 
necessary for EDA to make an Affirmative Determination within the 
statutory 180-day window. Submission of a full application within the 
180-day window will allow EDA to make an Affirmative Determination in 
connection with the decision on whether EDA will fund the application. 
However, Group A Standard Date Communities that are not prepared to 
submit a full application within the 180-day window for an Affirmative 
Determination may submit a preapplication using Form SF-424, which also 
must include information for the Affirmative Determination, within 180 
days of the date of its most recent Cognizable Certification. 
Applicants choosing to submit a preapplication still must submit a full 
application for grant assistance by the April 20, 2010 competition 
deadline to be considered for funding under the program.

Group B Standard Date Communities With a Cognizable Certification Made 
on or After October 22, 2009

    Group B Standard Date Communities must submit a full application 
that incorporates necessary information for EDA to make an Affirmative 
Determination by the April 20, 2010 deadline to be considered for 
funding under the program. Group B Standard Date Communities do not 
need to submit a preapplication to preserve their eligibility because 
the April 20, 2010 grant application deadline occurs within their 180-
day window for an Affirmative Determination.
    Preapplications and full applications must be either: (a) 
Transmitted and time stamped at http://www.grants.gov no later than 5 
p.m. (local time in the EDA regional office to which an applicant will 
be submitting) on the last day of the applicable preapplication or 
application deadline; or (b) received by the applicable EDA regional 
office listed below under ``Addresses and Telephone Numbers for EDA's 
Regional Offices'' and in section VIII. of the FFO announcement no 
later than 5 p.m. (local time in the EDA regional office to which an 
applicant will be submitting)

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on the last day of the applicable preapplication or application 
deadline.

ADDRESSES:
    Obtaining Application Packages. An applicant may obtain the 
appropriate preapplication or full application package electronically 
at http://www.grants.gov. All components of the appropriate package may 
be accessed and downloaded (in a screen-fillable format) at http://www.grants.gov/applicants/apply_for_grants.jsp. Alternatively, 
applicants eligible for assistance under this notice may request paper 
(hardcopy) preapplication or full application packages by contacting 
the applicable EDA regional office servicing your geographic area 
listed below under ``Addresses and Telephone Numbers for EDA's Regional 
Offices'' and in section VIII. of the FFO announcement.
    Application Submission Formats: Preapplications and full 
applications may be submitted either (i) electronically in accordance 
with the procedures provided at http://www.grants.gov; or (ii) in paper 
format to the applicable regional office address provided below. The 
content of submissions is the same for paper submissions as it is for 
electronic submissions. EDA will not accept facsimile transmissions of 
preapplications or full applications. Note that EDA has regional 
offices in Atlanta and Philadelphia (Eastern Time); Austin and Chicago 
(Central Time); Denver (Mountain Time); and Seattle (Pacific Time). The 
regional offices and the States they serve are listed below under 
``Addresses and Telephone Numbers for EDA's Regional Offices'' and in 
section VIII. of the FFO announcement. Preapplications or applications 
received after the applicable deadline will be considered non-
responsive and will not be considered for an Affirmative Determination 
or for funding, respectively.
    Electronic Submissions: Applicants are encouraged to submit 
preapplications and full applications electronically in accordance with 
the instructions provided at http://www.grants.gov. The preferred file 
format for electronic attachments is portable document format (PDF); 
however, EDA will accept electronic files in Microsoft Word, 
WordPerfect, or Microsoft Excel formats. Validation or rejection of 
your preapplication or application by http://www.grants.gov may take 
additional days after your submission. Therefore, please consider the 
http://www.grants.gov validation/rejection process in developing your 
application submission timeline. See section IV.G.1. of the FFO 
announcement for more information.
    Applicants should access the following link for assistance in 
navigating http://www.grants.gov and for a list of useful resources: 
http://www.grants.gov/applicants/applicant_help.jsp. If you do not 
find an answer to your question under Frequently Asked Questions, try 
consulting the Applicant's User Guide. If you still cannot find an 
answer to your question, contact http://www.grants.gov via e-mail at 
[email protected] or telephone at 1-800-518-4726. The hours of 
operation for http://www.grants.gov are Monday-Friday, 7 a.m. to 9 p.m. 
(Eastern Time) (except for Federal holidays).
    Paper Submissions: An eligible applicant under this notice may 
submit a completed paper preapplication or full application to the 
applicable EDA regional office listed below. The applicant must submit 
one original and two copies of the appropriate completed package via 
postal mail, shipped overnight, or hand-delivered to the applicable 
regional office, unless otherwise directed by EDA staff. Department of 
Commerce mail security measures may delay receipt of United States 
Postal Service mail for up to two weeks. Therefore, applicants who 
submit paper submissions are advised to use guaranteed overnight 
delivery services.
    Addresses and Telephone Numbers for EDA's Regional Offices: 
Applicants in Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina and Tennessee, may submit paper submissions 
to: Economic Development Administration, Atlanta Regional Office, 401 
West Peachtree Street, NW., Suite 1820, Atlanta, Georgia 30308. 
Telephone: (404) 730-3002, Fax: (404) 730-3025.
    Applicants in Arkansas, Louisiana, New Mexico, Oklahoma and Texas, 
may submit paper submissions to: Economic Development Administration, 
Austin Regional Office, 504 Lavaca, Suite 1100, Austin, Texas 78701-
2858. Telephone: (512) 381-8144, Fax: (512) 381-8177.
    Applicants in Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin and Muscatine and Scott counties, Iowa, may submit paper 
submissions to: Economic Development Administration, Chicago Regional 
Office, 111 North Canal Street, Suite 855, Chicago, Illinois 60606. 
Telephone: (312) 353-7706, Fax: (312) 353-8575.
    Applicants in Colorado, Iowa (excluding Muscatine and Scott 
counties), Kansas, Missouri, Montana, Nebraska, North Dakota, South 
Dakota, Utah and Wyoming, may submit paper submissions to: Economic 
Development Administration, Denver Regional Office, 410 17th Street, 
Suite 250, Denver, Colorado 80202. Telephone: (303) 844-4714, Fax: 
(303) 844-3968.
    Applicants in Connecticut, Delaware, District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Puerto Rico, Rhode Island, Vermont, U.S. Virgin Islands, 
Virginia and West Virginia, may submit paper submissions to: Economic 
Development Administration, Philadelphia Regional Office, Curtis 
Center, 601 Walnut Street, Suite 140 South, Philadelphia, Pennsylvania 
19106. Telephone: (215) 597-4603, Fax: (215) 597-1063.
    Applicants in Alaska, American Samoa, Arizona, California, Guam, 
Hawaii, Idaho, Marshall Islands, Micronesia, Nevada, Northern Mariana 
Islands, Oregon, Republic of Palau and Washington, may submit paper 
submissions to: Economic Development Administration, Seattle Regional 
Office, Jackson Federal Building, Room 1890, 915 Second Avenue, 
Seattle, Washington 98174. Telephone: (206) 220-7660, Fax: (206) 220-
7669.

FOR FURTHER INFORMATION CONTACT: For additional information or for a 
paper copy of the FFO announcement, contact the appropriate EDA 
regional office listed above. EDA's Internet Web site at http://www.eda.gov also contains additional information on EDA and its 
programs.

SUPPLEMENTARY INFORMATION:
    Program Information: EDA's mission is to lead the Federal economic 
development agenda by promoting innovation and competitiveness, 
preparing American regions for growth and success in the worldwide 
economy. The Trade and Globalization Adjustment Assistance Act of 2009, 
which was included as subtitle I within the American Recovery and 
Reinvestment Act of 2009 (Pub. L. 111-5, 123 Stat. 115, at 367), made 
certain changes to the Trade Act of 1974 as amended (19 U.S.C. 2341 et 
seq.) (Trade Act), including establishing the Community TAA Program 
under chapter 4 of title II of the Trade Act.
    The Community TAA Program is one of several economic development 
programs that EDA administers and is designed to provide communities 
with comprehensive and flexible solutions to a wide variety of trade 
impacts. There currently are a number of TAA programs authorized under 
the Trade Act that target assistance to specific groups within and 
members of a community; for example workers and

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firms. However, the negative impacts of trade are not just felt by 
discrete groups; they reverberate throughout an entire community. The 
closure or downsizing of a key industry, company, or plant creates 
severe economic challenges for an entire community impacted by trade. 
The Community TAA Program supplements and builds upon the other TAA 
programs by providing comprehensive assistance to address these 
challenges. The overall goal of the Community TAA Program is to help 
communities respond holistically and proactively to trade impacts and 
become more competitive in the global economy. The Community TAA 
program will help eligible communities devise long-term Strategic Plans 
and carry out implementation activities to address economic development 
challenges in regions affected by trade impacts.
    EDA publishes this notice to announce the competitive solicitation 
for the Community TAA Program. EDA will evaluate and select 
applications according to the investment policy guidelines and funding 
priorities set forth below under ``Funding Priorities'' and in section 
V.A. of the FFO announcement. Unless otherwise provided in this notice 
or in the FFO announcement, applicant eligibility, program objectives 
and priorities, application procedures, evaluation criteria, selection 
procedures, and other requirements for the Community TAA are set forth 
in EDA's regulations (codified at 13 CFR part 313) and applicants must 
address these requirements. EDA's regulations and the Trade Act are 
available at http://www.eda.gov/InvestmentsGrants/Lawsreg.xml.
    Electronic Access: The FFO announcement for the Community TAA 
Program competition is available at http://www.grants.gov and at http://www.eda.gov. EDA has created a Community TAA Web page with additional 
information on the program at http://www.eda.gov/CommunityTAA.
    Funding Availability: Under the Supplemental Appropriations Act, 
2009 (Pub. L. 111-32, 123 Stat. 1859, at 1860 (2009)), funding in the 
amount of $40,000,000 was appropriated for both the Community TAA and 
TAA for Firms Programs authorized under the Trade Act, as amended by 
the Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA). 
Under this notice, $36,768,000 is available for the Community TAA 
Program and shall remain available until September 30, 2010. In 
accordance with section 275 of the Trade Act (19 U.S.C. 2371d(c)), an 
Impacted Community may not receive more than $5,000,000 to implement a 
Strategic Plan developed under section 276 of the Trade Act. See also 
13 CFR 313.2 for the definition of Strategic Plan. Also, in accordance 
with section 276(c)(2) of the Trade Act (19 U.S.C. 2371e(c)(2)), no 
more than $25,000,000 of the total amount appropriated for the 
Community TAA Program may be made available for grants to develop 
Strategic Plans.
    Catalog of Federal Domestic Assistance (CFDA) Numbers: 11.010, 
Community Trade Adjustment Assistance.
    Affirmative Determinations: EDA must make an Affirmative 
Determination that a community is an Impacted Community before the 
community may receive grant assistance under this program. Section 
273(a) of the Trade Act (19 U.S.C. 2371b) describes the requirements 
for the Affirmative Determination. There are two categories of 
applicants under this competitive solicitation: Grandfathered 
Communities and Standard Date Communities. Also, please note that 
because of timing considerations EDA has divided the Standard Date 
Communities category into two groups: Group A and Group B. Different 
deadlines for submitting preapplications or full applications apply to 
each category or group of applicant. Please read the below information 
and section III.B. of the FFO announcement carefully to ensure that 
your community submits a preapplication or full application on time or 
can rely on one of the lists that EDA has created to ease the 
Affirmative Determination burden.

EDA Lists To Assist Communities With Affirmative Determination 
Requirements

    EDA has analyzed TAA certification data and created two lists to 
assist communities in identifying their eligibility for the Community 
TAA Program: The TAA for Workers Significantly Impacted County List and 
the TAA for Firms Certifications List. A community that is not on 
either list still may request an Affirmative Determination by 
submitting a preapplication or full application that includes the 
information necessary to establish the requisite trade impact in 
accordance with section III.B.4. of the FFO announcement. Please note 
that different deadlines apply to both Grandfathered and Standard Date 
Communities, which are noted under ``Dates for Submission of 
Information for Affirmative Determinations'' below and section III.B.2. 
of the FFO announcement. If a preapplication or full application is 
submitted after the relevant deadlines, it will not be considered.

1. TAA for Workers Significantly Impacted County List

    To assist communities in demonstrating trade impact significance, 
EDA has analyzed job-loss data in connection with the TAA for Workers 
Program. In order to assess the relative impact associated with the 
loss of jobs due to the trade impact leading to TAA for Workers Program 
Cognizable Certifications, EDA ranked counties with TAA for Workers 
certifications since January 1, 2007 based on the number of workers 
receiving assistance under the TAA for Workers Program. See the EDA Web 
site at http://www.eda.doc.gov/CommunityTAA for further information. 
Based on that analysis, EDA has determined that certain counties have 
experienced a significant impact attributable to job losses associated 
with the certifications under the TAA for Workers Program. EDA has 
posted the results of this analysis in a list titled ``TAA for Workers 
Significantly Impacted County List'' at http://www.eda.doc.gov/CommunityTAA. Since EDA has conducted a significance analysis on the 
front end, a county on the list will be deemed to have suffered a 
significant impact due to trade and to be an Impacted Community. Such 
counties may proceed to apply for an implementation grant by April 20, 
2010 in accordance with sections III.C. and IV. of the FFO 
announcement.

2. TAA for Workers Significantly Impacted County List--Importance for 
Communities That Are Not Counties

    Please note that EDA's TAA for Workers Significantly Impacted 
County List only addresses trade impact significance at the county 
level. For a sub-county community (for example a city or township) that 
is not on this list, but is located within a county on the list, EDA 
still must make an Affirmative Determination that the sub-county 
community itself is an Impacted Community that has been significantly 
affected by the threat to, or the loss of, jobs associated with one ore 
more Cognizable Certifications. Even though sub-county communities are 
not included on the TAA for Workers Significantly Impacted County List, 
the list may help a city or township, for example, identify potential 
eligibility for grant assistance under the Community TAA Program. For 
example, assume City A is located in County B, which county is located 
on the TAA for Workers Significantly Impacted County List. Even though 
City A is not

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automatically deemed to be an Impacted Community, being in a county 
that is on the list alerts City A that it might have a significant 
trade impact. City A should search the Department of Labor's ``TAA 
Petition Determination'' Web site at http://www.doleta.gov/tradeact/taa/taa_search_form.cfm to determine whether a TAA for Workers 
certification has been made in the community since January 1, 2007 and 
to assess the impact of any certifications in accordance with section 
III.B.4. of the FFO announcement, which contains detailed information 
on how to use TAA for Workers certifications for an Affirmative 
Determination.
    A sub-county community located in a county on EDA's TAA for Workers 
Significantly Impacted County List also should note that the list 
includes all TAA for Workers certifications made since January 1, 2007 
until the date noted on the list, which means that the list does not 
reflect timing concerns for Affirmative Determination purposes. When a 
community that wishes to apply searches the Department of Labor's ``TAA 
Petition Determination'' Web site at http://www.doleta.gov/tradeact/taa/taa_search_form.cfm, the community must be careful to note the 
Decision Date of the most recent TAA for Workers certification to 
ensure that their submission reaches EDA by the deadlines noted under 
paragraphs 2 and 3 of section III.B. of the FFO announcement. Using the 
example above, City A must determine the Decision Date of its most 
recent TAA for Workers certification in order to submit information for 
EDA's Affirmative Determination in a timely manner.
    Please note that the TAA for Workers Significantly Impacted County 
List is not a listing of all communities that have had a TAA for 
Workers certification since January 1, 2007. The list is a significance 
analysis of those certifications, and therefore, a county or community 
that has had a TAA for Workers certification may find that it or the 
county in which it is located is not on the list. Such a community that 
has had a TAA for Workers certification and finds that the 
certification has had a significant impact on the community still may 
submit information for EDA's Affirmative Determination in accordance 
with section III.B.4. of the FFO announcement.
    A note on searching the Department of Labor Web site: The 
Department of Labor's underlying data was organized by city, but 
because of the volume of data and to ensure ease of use, EDA aggregated 
the Department of Labor's list to the county level in creating EDA's 
TAA for Workers Significantly Impacted County List. Therefore, each 
sub-county community that is not on this list, but is located within 
one of the counties on the list and wishes to apply must search the 
Department of Labor's petition determination Web site by city and 
State. In addition, the community should insert a determination date 
range of January 1, 2007 through the present date (the date of the 
search) since certifications before January 1, 2007 do not establish 
eligibility. A community should take care to select the search option 
on the Web site for ``Certifications'' so that only approved TAA for 
Workers certifications appear.
    EDA will post updates to the TAA for Workers Significantly Impacted 
County List on approximately the 20th day of each month through April 
2010. As noted above, counties not on the list or other communities 
that are located outside counties on the list may seek an Affirmative 
Determination of trade impact by submitting the information necessary 
to establish that impact as described in section III.B.4. of the FFO 
announcement. Also as noted above, EDA's TAA for Workers Significantly 
Impacted County List includes all TAA for Workers certifications since 
January 1, 2007. Therefore, the list does not reflect timing concerns, 
and a community must search the Department of Labor's ``TAA Petition 
Determination'' Web site at http://www.doleta.gov/tradeact/taa/taa_search_form.cfm to determine the date of the community's most recent 
Cognizable Certification and whether the community should apply as a 
Grandfathered Community or a Group A or B Standard Date Community.

3. TAA for Firms Certifications List

    EDA also has posted a list organized by city and State of TAA for 
Firms certifications since January 1, 2007 at http://www.eda.doc.gov/CommunityTAA. Because of data limitations, the TAA for Firms 
Certifications List does not indicate significance of trade impact and 
a community that has had a TAA for Firms certification still must 
petition for EDA's Affirmative Determination in accordance with the 
deadlines set out below under sections III.B.2. and III.B.3. of the FFO 
announcement. EDA will post updates to the TAA for Firms Certifications 
List on approximately the 20th day of each month through April 2010. 
You may contact EDA's TAA for Firms staff at [email protected].

4. TAA for Farmers

    As of the date of publication of this notice, there had been no 
certifications under the TAA for Farmers Program for the relevant time 
period from January 1, 2007 through the publication date of this 
notice. As certifications are made under the TAA for Farmers Program, 
the Department of Agriculture will publish notice of them in the 
Federal Register. More updates are available on the program Web site at 
http://www.fas.usda.gov/ITP/TAA/taa.asp.

Dates for Submission of Information for Affirmative Determinations

    As noted above, a community that is not on EDA's TAA for Workers 
Significantly Impacted County List must seek an Affirmative 
Determination to be deemed Impacted Community. The below information 
details the deadlines that apply to the two categories of applicants 
under this competitive solicitation: Grandfathered Communities and 
Standard Date Communities. Also, please note that because of timing 
considerations EDA has divided the Standard Date Communities category 
into two groups: Group A and Group B.
    A community may rely on more than one Cognizable Certification to 
show trade impact, but must use the most recent certification to 
determine whether the community must submit as a Grandfathered 
Community or as Group A or B Standard Date Community.

1. Grandfathered Communities

    A Grandfathered Community is a community that had one or more 
Cognizable Certifications made with respect to it on or after January 
1, 2007 and before August 1, 2009. See section 273(a)(2) of the Trade 
Act and 13 CFR 313.2. In accordance with section 273(c) of the Trade 
Act, a Grandfathered Community must submit information for EDA's 
Affirmative Determination by February 1, 2010. A Grandfathered 
Community that does not submit a preapplication or full application in 
a timely manner is not eligible for grant assistance under the 
Community TAA Program. Because of limited program resources, EDA 
encourages a Grandfathered Community to incorporate its information for 
EDA's Affirmative Determination along with its full application for 
grant assistance on the Application for Federal Assistance (Form SF-
424) (checking the box for ``Application'' in item 1 of the form), and 
to submit this package by the February 1, 2010 deadline. In this case, 
an attachment to item 15 of the Form SF-424 must contain all 
information for EDA to make an Affirmative Determination in accordance 
with 13 CFR 313.4. See section III.B.4. of the FFO announcement for 
more information on the required

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attachment(s) and section III.C. for more information on full 
application packages.
    If a Grandfathered Community is not prepared to submit a full 
application by February 1, 2010, the Grandfathered Community may 
preserve its eligibility by submitting a preapplication by February 1, 
2010 to request an Affirmative Determination using Form SF-424 and 
checking ``Preapplication'' in item 1 of the form. The preapplication 
must describe the threat to, or the loss of, jobs associated with the 
applicable grandfathered Cognizable Certification(s) and include the 
information set out in section III.B.4. of the FFO announcement to 
allow EDA to make an Affirmative Determination. If a Grandfathered 
Community does not have complete information about the trade impact at 
the time it submits a preapplication by February 1, 2010, it may 
supplement the information provided with its preapplication with 
additional data when it submits its complete application. However, the 
Grandfathered Community should be aware that it must submit all 
information necessary for EDA's Affirmative Determination and a full 
grant application by the competition deadline of April 20, 2010 to be 
considered for grant funding under the program.

2. Standard Date Communities

    A Standard Date Community is a community with its most recent 
Cognizable Certification made on or after August 1, 2009. Because EDA 
is holding a single competition for the Community TAA Program with a 
deadline date of April 20, 2010 and section 273 of the Trade Act 
requires EDA to make an Affirmative Determination of the significance 
of trade impact based on information submitted not later than 180 days 
of a community's most recent Cognizable Certification, EDA has divided 
Standard Date Communities into two groups: Group A and Group B. Group A 
consists of Standard Date Communities that have their most recent 
Cognizable Certification made on or after August 1, 2009 through 
October 21, 2009 and Group B consists of Standard Date Communities that 
have their most recent Cognizable Certification made on or after 
October 22, 2009.
    Both Group A and Group B communities must submit information for 
EDA's Affirmative Determination within 180 days of the date of their 
most recent Cognizable Certification. A Group A community, however, 
must check the date of its most recent Cognizable Certification, and 
submit information for an Affirmative Determination within 180 days of 
that certification or else it will not be eligible for grant 
assistance. A Group B Standard Date Community simply must submit its 
full application by April 20, 2010 because its most recent Cognizable 
Certification was made on or after October 22, 2009, and the 
application filing deadline is within the 180-day window for submission 
of information for an Affirmative Determination. Accordingly, the full 
application must contain all information for EDA's Affirmative 
Determination by the competition deadline of April 20, 2010. Please see 
the paragraphs below for more detailed information.

a. Group A: Standard Date Communities With Cognizable Certifications 
Made on or After August 1, 2009 Through October 21, 2009

    If a Standard Date Community in Group A has its most recent 
Cognizable Certification made on or after August 1, 2009 through 
October 21, 2009, it must submit information for EDA's Affirmative 
Determination within 180 days of the date of that certification. A 
Group A community that does not submit the information in a timely 
manner is not eligible for grant assistance under the Community TAA 
Program. Because of limited program resources, EDA encourages such a 
community to submit the information for EDA's Affirmative Determination 
along with its full application for grant assistance in a full 
application (Form SF-424, checking the box for ``Application'' in item 
1 of the form). In this case, the attachment to item 15 of the Form SF-
424 in the application must contain all information for EDA to make an 
Affirmative Determination in accordance with 13 CFR 313.4. See section 
III.B.4. of the FFO announcement for more information on the required 
attachment(s) and section III.C. for more information on full 
application packages.
    If a Group A community is not prepared to submit a full application 
within 180 days of the applicable Cognizable Certification, the 
community may preserve its eligibility by submitting a preapplication 
requesting an Affirmative Determination using Form SF-424 and checking 
the box for ``Preapplication'' in item 1 of the form. The 
preapplication must describe the threat to, or the loss of, jobs 
associated with the community's applicable Cognizable Certification(s) 
and include the information set out in section III.B.4. of the FFO 
announcement to allow EDA to make an Affirmative Determination. If a 
Group A community does not have complete information about the trade 
impact at the time it submits a preapplication within 180 days of the 
relevant Cognizable Certification, it may supplement the information 
provided with its preapplication with additional data when it submits 
its full application. However, the Group A Standard Date Community 
should be aware that it must submit all information necessary for EDA's 
Affirmative Determination and a full grant application by the 
competition deadline of April 20, 2010 to be considered for grant 
funding under the program.
    Note that a Standard Date Community in Group A must attend 
carefully to the date of its most recent Cognizable Certification 
because the statute requires a community to submit its information for 
an Affirmative Determination within 180 days of that date. Because the 
April 20, 2010 deadline for this competitive solicitation exceeds the 
180-day time period for those communities, a Group A Standard Date 
Community must protect its ability to be considered under the 
competition by submitting a preapplication or full application before 
the expiration of the 180-day window. A Group B Standard Date Community 
with a certification made on or after October 22, 2009 does not face 
this complication as the April 20, 2010 deadline for the competitive 
solicitation is in advance of the closing of the 180-day window 
applicable to its most recent Cognizable Certification.

b. Group B: Standard Date Communities With Certifications Made on or 
After October 22, 2009

    If a Standard Date Community in Group B has its most recent 
Cognizable Certification made after October 22, 2009, it must submit a 
full application by April 20, 2010. Because the compressed timeframe 
during which funds are available requires expeditious delivery of 
program resources and reduced applicant burden, EDA will make its 
decision regarding an Affirmative Determination based on the full 
application for Community TAA grant assistance for Standard Date 
Communities in Group B. Accordingly, the full application must contain 
all information for EDA to make an Affirmative Determination in 
accordance with 13 CFR 313.4. A community must submit a Form SF-424 and 
check the box for ``Application'' in item 1 of the form and proceed to 
complete and submit an appropriate application for the community's 
proposed project in accordance with section IV. of the FFO announcement 
by April 20, 2010. A community that does not timely submit its 
application will not be considered for funding.

[[Page 1350]]

3. Significance Threshold

    Note that in light of the limited funding available, EDA is not 
likely to find job losses associated with the applicable Cognizable 
Certifications to be ``significant'' unless the community demonstrates 
that at least 8.25 workers per 1,000 workers in the community's most 
recently reported Civilian Labor Force (CLF) have been impacted by TAA 
Cognizable Certifications or provides other evidence of equally severe 
economic distress such as the imminent threat of significant job loss 
associated with trade. For example, if the applicant's total CLF is 
50,000, EDA would deem the trade impact to be ``significant'' if there 
was a job loss of at least 413 workers in the community's CLF (413/
50,000 = 0.00825 x 1,000 = 8.25) associated with the community's 
Cognizable Certification(s). Please see section III.B.4. of the FFO 
announcement for detailed information on how to collect information on 
and perform the significance calculation.

Affirmative Determination Substance Requirements

    EDA will use Form SF-424 for both preapplications and full 
applications. Communities are strongly encouraged to incorporate 
information for EDA's Affirmative Determination into their Form SF-424 
as part of a full application package. If, however, Grandfathered or 
Group A Standard Date Communities are not prepared to submit a full 
application by their Affirmative Determination deadline, then may 
submit a preapplication for an Affirmative Determination using Form SF-
424 by the applicable Affirmative Determination deadline. If a 
Grandfathered or Group A Standard Date Community elects to submit a 
preapplication for EDA's Affirmative Determination, the applicant 
community must check the box for ``Preapplication'' in item 1 of the 
form and complete all numbered items on Form SF-424 except for items 
17, 18, and 19. If, however, the applicant is submitting Form SF-424 as 
part of a full application for grant assistance, the applicant 
community must complete all numbered items on Form SF-424. Note that 
for a Grandfathered or Group A Standard Date Community that elects to 
submit a preapplication using Form SF-424, the community must submit a 
second Form SF-424 as part of its full grant application, and all items 
on the Form SF-424 must be completed.
    For both preapplications and full applications, a community must 
submit the necessary information using Form SF-424 to allow EDA to 
determine that the applicant community is ``significantly affected'' by 
the threat to, or loss of, jobs associated with one or more Cognizable 
Certification(s). Item 15 of Form SF-424 allows for attachments. If a 
Grandfathered or Group A Standard Date Community elects to submit a 
preapplication, the community should provide all of the following 
information and attach it at Item 15 (provided however, that if 
complete information is not available at the time of submission of the 
preapplication, the community must include the information at the time 
of filing its full application). If the community is submitting a 
complete application, the community must submit all of the following 
and the applicant's Project Narrative and other information for a 
complete full application package. Please see section IV. of the FFO 
announcement for details on a full application.
     Identify the applicable Cognizable Certification(s) upon 
which the community bases its Impacted Community status for timing 
purposes. Please note that the community must use its most recent 
Cognizable Certification to determine whether it must submit as a 
Grandfathered Community or Group A or Group B Standard Date Community 
and must clearly identify that certification. For example, if City A 
has two TAA for Workers certifications and one TAA for Firms 
certification and is applying as a Group B Standard Date Community, it 
must use the most recent Cognizable Certification, regardless of the 
program, to be classified as a Group B Standard Date Community, and 
identify the certification and the certification's date. Note that the 
community must identify and discuss all Cognizable Certifications upon 
which it relies for eligibility as a trade-impacted community in its 
narrative, as described below.
    [cir] For TAA for Workers Cognizable Certifications, the applicant 
community must provide the TAA petition number associated with the 
Department of Labor's certification decision. TAA for Workers petition 
determinations may be accessed and searched electronically at http://www.doleta.gov/tradeact/taa/taa_search_form.cfm.
    [cir] For TAA for Firms Certifications, the applicant community 
must provide the name of the firm certified under the program in the 
official notification letter provided by the Department of Commerce to 
the certified firm. A list of firms certified since January 1, 2007 has 
been posted on EDA's Web site at http:[sol][sol]www.eda.gov/
CommunityTAA. EDA will post updates to the TAA for Firms Certifications 
List on approximately the 20th day of each month through April 2010.
    [cir] For TAA for Farmers certifications, the applicant community 
must provide the name and region (region, State, or multi-State area) 
of the certified agricultural commodity and the record identifier 
provided by the Department of Agriculture. Note that as of the date of 
publication of this notice, no certifications had been made under the 
TAA for Farmers Program. Visit the TAA for Farmers Web site at http://www.fas.usda.gov/ITP/TAA/taa.asp for updates on the status of the 
program. In addition, the Department of Agriculture will publish all 
certifications made under the program in the Federal Register.
     Percentage of the CLF affected by TAA for Workers, TAA for 
Firms, and/or TAA for Farmers certifications. To perform this 
calculation, a community needs to know two things: (1) How many workers 
were affected by a TAA Cognizable Certification; and (2) the 
community's most recently reported CLF. Please see section III.B.4. of 
the FFO announcement for detailed instructions on how to access the 
information for and perform this calculation.
     The source of the CLF data the community used to complete 
the significance calculation.
     A narrative describing the threat to, or the loss of, jobs 
associated with the applicable Cognizable Certification(s). If a 
community is applying based on the threat to jobs associated with a 
Cognizable Certification, it must include solid evidence of that 
threat, such as a notice issued under the Worker Adjustment and 
Retraining Notification (WARN) Act (19 U.S.C. 2101 et seq.) or similar 
official statements that relate to the applicable Cognizable 
Certification. Unsupported company announcements, even if publicly 
announced, are not likely to be deemed sufficient. A community's 
narrative should help EDA assess the merits of the application based on 
the severity of trade impacts affecting the community and evaluation 
criteria set out in section V.A. of the FFO announcement.
    The information attached at item 15 of Form SF-424 and required for 
EDA's Affirmative Determination may not exceed five pages in length, 
double-spaced text, with approximately 200 to 300 words per page. The 
five-page limit is an upper limit only; and applicants should be 
concise as possible.
    Once EDA has made an Affirmative Determination, EDA will consider 
the community to be an Impacted Community significantly impacted by 
trade. Because of the compressed time

[[Page 1351]]

schedule, Grandfathered and Group A Standard Date Communities that 
elect to submit a preapplication for an Affirmative Determination will 
then need to proceed and complete a full application for funding by 
April 20, 2010 to be considered for a grant. EDA will make a 
determination of the significance of the trade impact at the same time 
it decides whether to accept or decline the application for funding.
    For applicants that are submitting a full application, please see 
section IV.C. of the FFO announcement for information on the Project 
Narrative, which must include information for EDA's Affirmative 
Determination.
    Strategic Plan and Implementation Grant Assistance: Provided that 
EDA has made an Affirmative Determination that a community is an 
Impacted Community in connection with: (i) The TAA for Workers 
Significantly Impacted County List; (ii) a Grandfathered or Group A 
Standard Date Community's preapplication, or (iii) as part of the 
review of a community's full application, EDA will consider the 
Impacted Community's application for grant assistance to develop or 
carry out a Strategic Plan.

1. Grants To Develop Strategic Plans

    Grants to develop a Strategic Plan are designed to help the 
Impacted Community achieve economic adjustment to trade impacts. See 13 
CFR 313.6, which sets out the requirements for Strategic Plans, 
including requirements to ensure the involvement of private and public 
entities in the process and technical requirements designed to ensure 
that the plan analyzes current challenges and opportunities facing the 
Impacted Community.
    EDA strongly encourages applicants to link and leverage existing 
planning efforts. A Strategic Plan should update and incorporate 
relevant provisions of existing plans that affect an Impacted 
Community's economic development efforts, such as an applicable 
Comprehensive Economic Development Strategy (CEDS) developed under 
EDA's regulations at 13 CFR 303.7 and strategies developed in concert 
with the U.S. Department of Transportation, U.S. Department of Energy, 
the Environmental Protection Agency, and other Federal, State, and 
local agencies.

2. Grants To Implement Projects or Programs in Strategic Plans

    In order to award an application to implement a Strategic Plan, EDA 
must determine that the plan meets the requirements of section 276 of 
the Trade Act and EDA's implementing regulation at 13 CFR 313.6. EDA 
will review information submitted with the application to ensure that 
the proposed funding will support activities that respond to the 
economic dislocation attributable to the job losses that led to the 
Cognizable Certification(s) and to ensure that the activities are 
otherwise consistent with an acceptable Strategic Plan. The Impacted 
Community must submit its Strategic Plan for EDA's review and approval 
as part of its application. Note that if the community is relying on a 
CEDS as its Strategic Plan, it need not be re-submitted if EDA already 
has the current version.
    Implementation grants may be provided for construction or non-
construction projects. Such assistance may include: (1) Infrastructure 
improvements, such as site acquisition, site preparation, construction, 
rehabilitation, and equipping of facilities; (2) market or industry 
research and analysis; (3) technical assistance, including 
organizational development such as business networking, restructuring 
or improving the delivery of business services, or feasibility studies; 
(4) public services; (5) training; and (6) other activities justified 
by the Strategic Plan that satisfy applicable statutory and regulatory 
requirements. See 13 CFR 313.7. See section IV. of the FFO announcement 
for information on submitting application packages. EDA will not award 
grant assistance to establish revolving loan funds under the Community 
TAA Program.
    Applicant Eligibility: Under section 271 of the Trade Act, a 
``community'' is eligible to apply to participate in the Community TAA 
Program. The Trade Act defines community as ``a city, county, or other 
political subdivision of a State or a consortium of political 
subdivisions of a State.'' District Organizations formed and operating 
in accordance with 13 CFR 304.2 that coordinate and implement the 
economic development activities of EDA's designated Economic 
Development Districts (EDDs) also are eligible to apply under this 
notice. EDA will review the eligibility of an applicant under this 
notice at the time the application for assistance is received in the 
regional office. See section 271 of the Trade Act (19 U.S.C. 2371) and 
13 CFR 313.2.
    In accordance with section 273 of the Trade Act (19 U.S.C. 2371b), 
to receive assistance under the Community TAA Program, a community must 
have one or more of the Cognizable Certifications described below made 
with respect to it:
    1. Trade Adjustment Assistance for Workers Program. A certification 
by the Secretary of Labor that a group of workers in the community is 
eligible to apply for assistance under section 223 of the Trade Act (19 
U.S.C. 2273).
    2. Trade Adjustment Assistance for Firms Program. A certification 
by the Secretary of Commerce that a firm located in the community is 
eligible to apply for adjustment assistance under section 251 of the 
Trade Act (19 U.S.C. 2341).
    3. Trade Adjustment Assistance for Farmers Program. A certification 
by the Secretary of Agriculture that a group of agricultural commodity 
producers in the community is eligible to apply for adjustment 
assistance under section 293 of the Trade Act (19 U.S.C. 2401b).
    In order for a community to be eligible to apply for grant 
assistance under this funding opportunity, EDA must make an Affirmative 
Determination that the community is ``significantly affected by the 
threat to, or the loss of, jobs associated with any such 
certification.'' Please note that communities may rely on more than one 
Cognizable Certification to show trade impact for EDA's Affirmative 
Determination as set out in section III.B.4. of the FFO announcement, 
but must use the most recent certification to determine whether the 
community must submit as a Grandfathered Community or as Group A or B 
Standard Date Community.
    Once EDA has made such a determination, the community will be 
referred to as an Impacted Community. See section 273 of the Trade Act 
(19 U.S.C. 2371b) and 13 CFR 313.4. See sections III.B. and III.C. of 
the FFO announcement for more information on program process and timing 
considerations.
    For-profit, private-sector entities are not eligible to apply for 
investment assistance under this notice.
    Cost Sharing Requirement: For Strategic Plan grants, section 
276(c)(1) the Trade Act (19 U.S.C. 2371e, 13 CFR 313.6(d)) provides 
that the Federal share of eligible costs may not exceed 75 percent. For 
implementation grants, section 275(d) of the Trade Act (19 U.S.C. 
2371d, 13 CFR 313.7(d)) provides that the Federal share of eligible 
costs may not exceed 95 percent.
    While cash contributions are preferred, in-kind contributions, 
consisting of contributions of space, equipment, or services, may 
provide the required non-Federal share of the total project cost. See 
15 CFR 24.24. EDA will fairly evaluate all in-kind contributions, which 
must be eligible project costs and meet applicable Federal cost 
principles and uniform administrative requirements. Funds from other 
Federal financial assistance awards are

[[Page 1352]]

considered matching share funds only if authorized by statute, which 
may be determined by EDA's reasonable interpretation of the statute. 
See 13 CFR 300.3. The applicant must show that the matching share is 
committed to the project for the project period, is and will be 
available as needed, and is not conditioned or encumbered in any way 
that precludes its use consistent with the requirements of EDA 
investment assistance. See 13 CFR 301.5.
    Application Submission Requirements: The applicant is advised to 
read carefully the instructions contained in the FFO announcement for 
this request for applications and in all forms contained in the 
appropriate application package. Sections III. and IV. of the FFO 
announcement contain important information on application requirements 
and timing considerations for submitting an application. It is the sole 
responsibility of the applicant to ensure that the appropriate 
preapplication or application package is complete and received by EDA.
    Strategic Plan Grant Assistance: To apply for grant assistance to 
develop a Strategic Plan under section 276 of the Trade Act to help the 
Impacted Community adjust to trade impacts, the applicant must be 
determined to be an Impacted Community, and must complete and submit 
the following:
     Form ED-900 (Application for Investment Assistance).
     Form SF-424 (Application for Federal Assistance) (Note 
that if the applicant is submitting a full application for a Strategic 
Plan grant that contains information for EDA's Affirmative 
Determination, it must submit only one Form-SF-424. If, however, the 
applicant already has submitted a Form SF-424 in connection with a 
preapplication, it must submit a second Form SF-424 in connection with 
its full application. See section IV.C.2. of the FFO announcement.
     Form SF-424A (Budget Information--Non-Construction 
Programs).
     Form SF-424B (Assurances--Non-Construction Programs).
     Form CD-511 (Certification Regarding Lobbying).
    The applicant also may be required to provide certain lobbying 
information using Form SF-LLL (Disclosure of Lobbying Activities). Form 
ED-900 provides detailed guidance to help the applicant assess whether 
Form SF-LLL is required and how to access the form.
    Implementation Grant Assistance: To apply for an implementation 
grant with construction components, an applicant must be designated as 
an Impacted Community, have an EDA-approved Strategic Plan, and must 
complete and submit the following:
     Form ED-900 (Application for Investment Assistance).
     Form SF-424 (Application for Federal Assistance) (Note 
that if an applicant with an existing Strategic Plan is submitting a 
full application for a construction implementation grant that contains 
information for EDA's Affirmative Determination, it must submit only 
one Form-SF-424. If, however, the applicant already has submitted a 
Form SF-424 in connection with a preapplication, it must submit a 
second Form SF-424 in connection with its full application. See section 
IV.C.2. of the FFO announcement.)
     Form SF-424C (Budget Information--Construction Programs).
     Form SF-424D (Assurances--Construction Programs).
     Form CD-511 (Certification Regarding Lobbying).
    To apply for assistance for an implementation grant without 
construction components, an applicant must be designated as an Impacted 
Community, have an EDA-approved Strategic Plan, and must complete and 
submit the following forms:
     Form ED-900 (Application for Investment Assistance).
     Form SF-424 (Application for Federal Assistance) (Note 
that if the community applicant with an existing Strategic Plan is 
submitting a full application for a non-construction implementation 
grant that contains information for EDA's Affirmative Determination, it 
must submit only one Form-SF-424. If, however, the applicant already 
has submitted a Form SF-424 in connection with a preapplication, it 
must submit a second Form SF-424 in connection with its full 
application. See section IV.C.2. of the FFO announcement.)
     Form SF-424A (Budget Information--Non-Construction 
Programs).
     Form SF-424B (Assurances--Non-Construction Programs).
     Form CD-511 (Certification Regarding Lobbying).
    Applicants for both construction and non-construction 
implementation grants may be required to provide certain lobbying 
information using Form SF-LLL (Disclosure of Lobbying Activities). The 
Form ED-900 provides detailed guidance to help the applicant assess 
whether Form SF-LLL is required and how to access it.
    Project Narrative at Item 15 of Form SF-424: As noted above, the 
Project Narrative included in applications as an attachment to item 15 
in the Form SF-424 must include a discussion of the following:
     Significance of Trade Impact.-- If the applicant has not 
already submitted a preapplication, the narrative must include all 
information for EDA's Affirmative Determination as set out at section 
III.B.4 of the FFO announcement. See section III.B.4. of the FFO 
announcement to ensure all necessary information is submitted.
     Strategic Plan.-- If the application is for a grant to 
create a Strategic Plan or update an existing Strategic Plan, the 
narrative must discuss how the proposed plan will be consistent section 
276 of the Trade Act and 13 CFR 313.6. See also sections III.C.1. and 
IV.A.1. of the FFO announcement.
     Strategic Plan Implementation.--If the application is for 
a grant to implement a Strategic Plan, the narrative must discuss how 
the proposed project is consistent with that plan and describe how the 
proposed funding will enable the applicant to carry out activities 
pursuant to that plan. See also sections III.C.2. and IV.A.2. of the 
FFO announcement.
     Scope of Work and Anticipated Results.--The narrative must 
discuss what the EDA funds will support and the anticipated results.
     Project Fit with EDA Mission and Priorities.--The 
narrative must discuss how the proposed project satisfies the 
evaluation criteria set out in section V.A of the FFO announcement.
    If the applicant already has submitted a preapplication for EDA's 
Affirmative Determination, the Project Narrative may not exceed eight 
pages in length, double-spaced text, with approximately 200 to 300 
words per page, including any attachments, but not including the cover 
page. The eight-page limit is an upper limit only; therefore, 
applicants should be as concise as possible.
    Note that if an applicant is submitting a full application for a 
grant application that also contains all information for EDA's 
Affirmative Determination, the applicant must also include the 
information required under section III.B.4. of the FFO announcement. 
The information required for EDA's Affirmative Determination may not 
exceed an additional five pages in length, double-spaced text, with 
approximately 200 to 300 words per page. The five-page limit for this 
information is an upper limit only; and applicants should be concise as 
possible. Such an applicant still has the full eight pages for its full 
application Project Narrative as noted above.
    Content and Form of the Form ED-900: Form ED-900 is required for a 
full grant application to develop a Strategic

[[Page 1353]]

Plan or implement a project in a Strategic Plan under the Community TAA 
Program. Based on whether an Impacted Community is submitting an 
application for a Strategic Plan grant or for an implementation grant, 
the following tables detail the sections and exhibits in Form ED-900 
that an Impacted Community must complete.

----------------------------------------------------------------------------------------------------------------
  Application for strategic plan grant                        Required form ED-900 sections
----------------------------------------------------------------------------------------------------------------
On the initial page of Section A of      Complete Sections A, C, E, and F and Exhibit C
 Form ED-900, check that you are
 applying for Economic Adjustment
 Assistance. In section B(3)(C), check
 that you are applying under ``Special
 need,'' and check ``Negative effects
 of changing trade patterns'' under the
 ``Special need'' paragraph.
----------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------
   Application for implementation
               grant                    Required form ED-900 sections
------------------------------------------------------------------------
On the initial page of Section A of  Complete Sections A, B, and K, and
 Form ED-900, check that you are      Exhibit C. Also complete Sections
 applying for Economic Adjustment     M and Exhibits A, D, and E if the
 Assistance. In section B(3)(C),      application has construction
 check that you are applying under    components and Section N if the
 ``Special need,'' and check          application has only design/
 ``Negative effects of changing       engineering requirements. Complete
 trade patterns'' under the           Section E if the application has
 ``Special need'' paragraph.          no construction components.
------------------------------------------------------------------------

    Intergovernmental Review: Applications for assistance under EDA's 
programs are subject to the State review requirements imposed by 
Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.''

Evaluation and Selection Procedures

1. Technical Review

    Staff in EDA's regional offices will undertake a technical review 
of each application to ensure that all required forms, signatures, and 
documentation are present and that the application is in compliance 
with the technical requirements set out in the FFO announcement, 
including requirements related to Cognizable Certifications and 
eligibility as a community. The technical review also will help 
determine if the proposed project is responsive to the objectives set 
out in the FFO. Applications that do not meet the technical 
requirements set out in the FFO will not be referred to the review 
panel.

2. Review Panel

    Each regional office will convene a panel to review the merits of 
each application based on the criteria set forth in the FFO. The review 
panel will consist of Federal employees and may consist of others 
recommended by the Regional Director of the applicable regional office. 
At least three members of the review panel will be EDA staff members. 
The review panel will evaluate independently and rate and rank 
competitively all technically sufficient applications based on the 
evaluation criteria listed in section V.A. of the FFO announcement.
    The review panel's rating and ranking of the applications will be 
presented to the regional office's Investment Review Committee (IRC). 
After reviewing the panel's process and recommendations, the IRC may 
either: (i) Forward the panel's ranked list, unaltered and in its 
entirety, to the Selecting Official (defined below); or (ii) identify 
any deficiencies in the review process and direct the review panel to 
begin the process anew. If the IRC directs the panel to re-evaluate the 
applications, the review panel will undertake the process again and 
submit a revised rating and ranking of the applications to the IRC.

3. Selecting Official and Selecting Factors

    Under this notice, the Regional Director in each regional office is 
the Selecting Official. EDA expects to fund the highest ranking 
applications. The Selecting Official will normally follow the 
recommendations of the review panel; however, the Selecting Official 
may decide not to make a selection, or may select an application out of 
rank order for several reasons, including:
    a. A determination that the application better meets the overall 
objectives of sections 271 through 277 of the Trade Act (19 U.S.C. 
2371--2371f);
    b. Relative economic distress and financial capability of a 
community;
    c. Availability of program funding;
    d. Geographic balance in distribution of program funds;
    e. Balanced funding for a diverse group of institutions, to include 
smaller and rural institutions, which may form part of a broader 
consortium to serve diverse populations and areas within the regional 
office's territory; or
    f. The applicant's performance under previous Federal financial 
assistance awards.
    If the Selecting Official makes a selection out of rank order, the 
Selecting Official will document the rationale for the decision in 
writing. As part of the selection process, EDA reserves the right to 
seek clarifications in writing from applicants for those applications 
deemed to have highest merit in order to facilitate the selection 
process. See also section V. of the FFO announcement.
    Funding Priorities: EDA will give priority to applications for 
Strategic Plans or implementation assistance that will render the 
maximum amount of economic revitalization based on satisfaction of one 
or more of the following core criteria (investment applications that 
meet more than one core criterion will be given more favorable 
consideration):
    1. Investments to small and medium-sized communities (20%). 
Priority will be given to an application submitted by an Impacted 
Community that is a small- or medium-sized community (defined as a 
community with a population of 100,000 or less). See section 275(e) of 
the Trade Act (19 U.S.C. 2371d) and 13 CFR 313.8(b).
    2. Investments to assist the most severely impacted communities 
(20%). Priority will be given to an application based upon the extent 
to which a proposed project effectively responds to the severity of 
trade impact within an Impacted Community. For the purposes of 
evaluation, EDA considers counties significantly to severely impacted 
if they meet the thresholds outlined below:
     Significantly Impacted: More than 8.25 workers impacted in 
connection with TAA Cognizable Certifications per 1,000 workers in the 
CLF; or
     Severely Impacted: More than 28 workers impacted in 
connection with TAA Cognizable Certifications per 1,000 workers in the 
CLF.
    See also 13 CFR 313.6(d) and 313.7(d)(2).
    3. Investments that have a high return on investment. (20%). 
Priority will be given to an application that yields a high return on 
investment, as indicated by the extent to which it:

[[Page 1354]]

     Leads to the creation/retention of good jobs for the 
community. This is defined as greater than or equal to the average wage 
in the county. The Bureau of Labor Statistic's Web site at http://www.bls.gov/data/#wages has data available for this analysis.
     Leverages public-private partnerships, for example, as 
evident by private sector involvement and/or private sector funding in 
the project.
     Evidences best-practices in project management, for 
example, by demonstrating a feasible, cost-effective budget and a 
specific, deadline driven project timeline.
    4. Investments that Support Regionalism, Innovation, and 
Entrepreneurship (20%). Priority will be given to an application that 
strengthens regional cluster strategies and supports innovation and 
entrepreneurship, as indicated by the extent to which the investment:
     Builds upon or extends existing planning documents, such 
as a CEDS, or other Federal, State, regional, or local development 
plans.
     Links clearly to a leading or emerging regional cluster. 
This may be measured by the extent the investment supports an industry 
that has a location quotient greater than one. Applicants may find more 
information on location quotients at the Bureau of Labor Statistic's 
site at http://data.bls.gov/LOCATION_QUOTIENT/servlet/lqc.ControllerServlet. This also may be demonstrated by:
    [cir] A geographic concentration of an industry compared to the 
State or nation;
    [cir] Increasing regional employment in that industry; or
    [cir] Increasing numbers of firms in the relevant cluster.
     Fosters commercialization in technology. This could be 
shown by increasing technology transfer at an institution of higher 
education or spinning off new technology, etc.
    5. Investments that Support Global Trade/Competitiveness (15%). 
Priority will be given to an application that supports global trade and 
competitiveness, as indicated by the extent to which the investment:
     Supports existing ``high growth/high potential companies'' 
or those that have the ability to create ``high growth/high potential 
companies,'' which are defined as companies with fewer than 500 
employees whose sales doubled in four years or less; or
     Supports businesses or clusters with significant export 
potential.
    6. Investments that grow the ``Green Economy'' (5%). Priority will 
be given to an application whose objectives support the ``green 
economy.'' Such projects would:
     Promote renewable energy, energy efficiency, and/or reuse, 
recycling, or restoration that result in a green end-product (for 
example, a renewable energy commercialization center);
     Green an existing process or function (for example, 
implementing sustainable manufacturing practices); or
     Result in a green building (for example, a structure 
certified under the U.S. Green Building Council's Leadership in Energy 
and Environmental Design (LEED) system).
    Applications will be evaluated to the extent they produce 
identified green project benefits; for example renewable energy 
capacity per year, carbon emission offsets, overall energy savings, or 
third-party verified green building certifications.
    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements: The administrative and national 
policy requirements for all Department of Commerce awards, contained in 
the Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements, published in the Federal Register on 
February 11, 2008 (73 FR 7696), are applicable to this competitive 
solicitation.
    Paperwork Reduction Act: This document contains collection-of-
information requirements subject to the Paperwork Reduction Act (PRA). 
The use of Form ED-900 (Application for Investment Assistance) has been 
approved by the Office of Management and Budget (OMB) under the Control 
Number 0610-0094. The use of Forms SF-424 (Application for Financial 
Assistance), SF-424A (Budget Information--Non-Construction Programs), 
SF-424B (Assurances--Non-Construction Programs), SF-424C (Budget 
Information--Construction Programs), SF-424D (Assurances--Construction 
Programs), and Form SF-LLL (Disclosure of Lobbying Activities) has been 
approved under OMB Control Numbers 4040-0004, 0348-0044, 4040-0007, 
4040-0008, 4040-0009, and 0348-0046 respectively. The Form CD-346 
(Applicant for Funding Assistance) is approved under OMB Control Number 
0605-0001. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA unless that collection of information displays 
a currently valid OMB Control Number.
    Executive Order 12866 (Regulatory Planning and Review): This notice 
has been determined to be not significant for purposes of Executive 
Order 12866.
    Executive Order 13132 (Federalism): It has been determined that 
this notice does not contain policies with Federalism implications as 
that term is defined in Executive Order 13132.
    Administrative Procedure Act/Regulatory Flexibility Act: Prior 
notice and an opportunity for public comments are not required by the 
Administrative Procedure Act or any other law for rules concerning 
grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice 
and opportunity for comment are not required pursuant to 5 U.S.C. 553 
or any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable.
    Therefore, a regulatory flexibility analysis has not been prepared.

    Dated: January 6, 2010.
Brian P. McGowan,
Deputy Assistant Secretary of Commerce for Economic Development and 
Chief Operating Officer.
[FR Doc. 2010-273 Filed 1-8-10; 8:45 am]
BILLING CODE 3510-24-P