75 FR 10 pgs. 2491-2510 - Trade Adjustment Assistance for Firms Program Fiscal Year 2009 Annual Report

Type: NOTICEVolume: 75Number: 10Pages: 2491 - 2510
FR document: [FR Doc. 2010-561 Filed 1-14-10; 8:45 am]
Agency: Commerce Department
Sub Agency: Economic Development Administration
Official PDF Version:  PDF Version

DEPARTMENT OF COMMERCE

Economic Development Administration

Trade Adjustment Assistance for Firms Program Fiscal Year 2009 Annual Report

AGENCY:

Economic Development Administration, Commerce.

Action:

Notice.

SUMMARY:

The Secretary of Commerce is directed by Section 1866 of the Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA), which became effective May 17, 2009, to submit to Congress a report on the Trade Adjustment Assistance for Firms (TAAF) program by the 15th of December each year. The TAAF Program is one of four Trade Adjustment Assistance (TAA) programs authorized by the Trade Act of 1974 (Trade Act). The mission of the TAAF Program is to provide technical and financial assistance to U.S. firms affected by import competition. The program provides assistance in the development of business recovery plans, which are known as Adjustment Proposals under Section 252 of the Trade Act, and matching funds to implement projects outlined in the Adjustment Proposals. The TAAF Program supports a national network of 11 Trade Adjustment Assistance Centers (TAACs) to help U.S. firms apply for assistance and prepare and implement strategies to guide their economic recovery.

Overall, there has been an increase in the demand for the TAAF Program in fiscal year 2009, as demonstrated by the increase in the number of petitions for certification and Adjustment Proposals submitted to EDA for approval.

Fiscal year Petitions received Petitions accepted for filing Petitions certified Petitions denied Avg. days between submission and acceptance Avg. days between acceptance and certification
2009 281 247 212 1 28 45
2008 188 1 190 183 0 11 45
Change 49% 30% 16% NA 155% NA
1 Two of the petitions accepted for filing in FY 2008 were received by EDA in FY 2007.

Because of the spike in petitions and Adjustment Proposals, the Economic Development Administration (EDA) experienced challenges in meeting the 40-day processing deadline for petitions accepted for filing immediately after the new legislation was enacted. Beginning in the fourth quarter of FY 2009, the average processing time for petitions has started to decline below the 40-day requirement. Additional TAAF staff resources are expected to help improve the processing time even further for FY 2010.

TAACs effectively reached small and medium-sized firms in FY 2009. The average employment, net sales, and productivity of firms certified in FY 2009 declined in comparison to the previous fiscal year. Sixty-five percent of all firms proposed to implement a marketing/sales project or production/engineering project in their Adjustment Proposals, and 35 percent of all firms proposed support systems or management/financial projects.

FY Avg. employment at certification Avg. annual net sales at certification Avg. productivity at certification (net sales per employee)
2009 77 $10,715,785 $128,729
2008 82 $13,081,993 $149,565
% Change (6%) (18%) (14%)

The following table illustrates that in FY 2009 EDA approved an additional 33 Adjustment Proposals as compared to FY 2008 and proposed to spend an additional total of $2.4 million in government funds.

FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009
Number of Plans Approved 162 177 132 137 126 139 172
Total Government Share (millions) $8.1 $8.5 $5.9 $6.7 $7.1 $7.9 $10.3
Total Firm Share (millions) $7.4 $8.1 $5.4 $6.0 $5.9 $7.5 $9.8
Total Projected Costs (millions) $15.5 $16.6 $11.3 $12.7 $13.0 $15.4 $20.2
Avg. Government Assistance Per Firm $50,000 $48,023 $44,697 $48,905 $56,449 $56,827 $60,123

The TGAAA identifies 14 measures that should be covered by this report. EDA currently is unable to provide any information on four measures: (1) The number of firms that inquired about the program, (2) the number of petitions certified by congressional district, (3) the number of firms leaving the program and why, and (4) sales, employment, and productivity at each firm upon completion of the program and every year for the two years thereafter. EDA is taking steps to collect and report on all of the missing measures for the FY 2010 Annual Report.

ADDRESSES:

Trade Adjustment Assistance for Firms Division, Room 7106, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT:

Bryan Borlik, Director of the TAAF Program, 202-482-3901.

SUPPLEMENTARY INFORMATION:

Table of Contents

Introduction

Program Initiative

Program Description

Data for This Report

Results/Findings

(1) The number of firms that inquired about the program.

(2) The number of petitions filed under section 251.

(3) The number of petitions certified and denied.

(4) The average time for processing petitions.

(5) The number of petitions filed and firms certified for each Congressional district of the United States.

(6) The number of firms that received assistance in preparing their petitions.

(7) Sales, employment, and productivity at each firm participating in the program at the time of certification.

(8) The number of firms that received assistance developing business recovery plans (Adjustment Proposals).

(9) The number of Adjustment Proposals approved and denied by the Secretary of Commerce.

(10) The financial assistance received by each firm.

(11) The financial contribution made by each firm.

(12) The types of technical assistance included in the Adjustment Proposals of firms participating in the program.

(13) The number of firms leaving the program before completing the project or projects in their Adjustment Proposals and the reason the project was not completed.

(14) Sales, employment, and productivity at each firm upon completion of the program and each year for the two-year period following completion.

Discussion and Analysis

Conclusion

Introduction

This report is provided in compliance with Section 1866 of the Trade and Globalization Adjustment Assistance Act of 2009 (Sec. 1866, Pub. L. 111-5, 123 Stat. 115, at 367) (TGAAA). This section directs the Secretary of Commerce to provide an annual report on the Trade Adjustment Assistance for Firms (TAAF) program by the 15th of December each year. Section 1866 of the TGAAA states:

IN GENERAL.-Not later than December 15, 2009, and each year thereafter, the Secretary of Commerce shall prepare a report containing data regarding the trade adjustment assistance for firms program provided for in chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq. ) for the preceding fiscal year.

This report will provide findings and results to the extent that the data is available on the following 14 measures:

1. The number of firms that inquired about the program.

2. The number of petitions filed under section 251.

3. The number of petitions certified and denied.

4. The average time for processing petitions.

5. The number of petitions filed and firms certified for each congressional district of the United States.

6. The number of firms that received assistance in preparing their petitions.

7. The number of firms that received assistance developing business recovery plans (Adjustment Proposals).

8. The number of Adjustment Proposals approved and denied by the Secretary of Commerce.

9. Sales, employment, and productivity at each firm participating in the program at the time of certification.

10. Sales, employment, and productivity at each firm upon completion of the program and each year for the two-year period following completion.

11. The financial assistance received by each firm participating in the program.

12. The financial contribution made by each firm participating in the program.

13. The types of technical assistance included in the Adjustment Proposals of firms participating in the program.

14. The number of firms leaving the program before completing the project or projects in their Adjustment Proposals and the reason the project was not completed.

The TAAF program is one of four Trade Adjustment Assistance (TAA) programs authorized under the Trade Act of 1974 (19 U.S.C. 2341 et seq) (Trade Act). The responsibility for administering the TAA for Firms program is delegated by the Secretary of Commerce to the Economic Development Administration (EDA). EDA, through a national network of 11 Trade Adjustment Assistance Centers (TAAC), provides technical assistance on a cost-shared basis to U.S. manufacturing, production, and service firms in all fifty states, the District of Columbia, and the Commonwealth of Puerto Rico.

The other TAA programs are TAA for Workers, Farmers, and Communities, which are administered by the Departments of Labor, Agriculture, and Commerce through EDA, respectively.

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The TAAF Program is relatively small. Between FY 2000 and FY 2009, its appropriations have ranged from $10.5 million to $15.8 million.

Program Initiative

The mission of the program is to provide technical and financial assistance to U.S. firms affected by import competition. The program provides assistance in the development of business recovery plans, which are known as Adjustment Proposals under Section 252 of the Trade Act, and matching funds to implement projects outlined in Adjustment Proposals.

The program's premise is that some U.S. firms, in particular small businesses, lack the internal capabilities or resources necessary to effectively respond to new import competition. The Trade Adjustment Assistance Centers' goal is to help U.S. firms increase profitability and retain employees while competing successfully in the global economy.

Program Description

The TAAF Program supports a national network of 11 Trade Adjustment Assistance Centers (TAAC) to help U.S. firms apply for assistance and prepare and implement strategies to guide their economic recovery. Information about the TAACs may be found at www.taacenters.org. The current TAACs and the states they serve are listed in the table below. Please note that currently Puerto Rico has not been assigned to any particular TAAC. Firms in Puerto Rico receive assistance from the TAAC that received the inquiry.

TAAC States served
Great Lakes Indiana, Michigan, and Ohio.
Mid-America Arkansas, Kansas, and Missouri.
Mid-Atlantic Delaware, District of Columbia, Maryland, New Jersey, Pennsylvania, Virginia, and West Virginia.
Midwest Illinois, Iowa, Minnesota, and Wisconsin.
New England Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.
New York State New York.
Northwestern Alaska, Idaho, Montana, Oregon, and Washington.
Rocky Mountain Colorado, Nebraska, New Mexico, North Dakota, South Dakota, Utah, and Wyoming.
Southeastern Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.
Southwest Louisiana, Oklahoma, and Texas.
Western Arizona, California, Hawaii, and Nevada.

The TAACs' main responsibilities are:

• Assisting firms in preparing their petitions for TAAF. Firms are not charged for any assistance related to preparing a petition.

• Once a petition has been approved, TAACs work closely with company management to identify the firm's strengths and weaknesses and develop a customized Adjustment Proposal designed to stimulate recovery and growth. The program pays up to 75% of the cost of developing an Adjustment Proposal and the firm must pay the rest. EDA must approve all Adjustment Proposals to ensure they conform to statutory and regulatory requirements.

• After an Adjustment Proposal has been approved, company management and TAAC staff jointly identify consultants with the specific expertise required to assist the firm. The program pays up to $75,000 in matching funds for the cost of these consultants when implementing the Adjustment Proposal. After a competitive procurement process, the TAAC and the firm generally contract with private consultants to implement the adjustment plan.

There are three main phases to receiving technical assistance under the program. The phases are (1) Petitioning for certification, (2) recovery planning, and (3) project implementation.

[Federal Register graphic "EN15JA10.020" is not available. Please view the graphic in the PDF version of this document.]

Eligibility to Apply for Trade Adjustment Assistance" and any supporting documentation. Although a firm may complete a petition and submit it to EDA on its own, certification specialists within the TAACs generally work with the firm at no cost to complete and submit a petition to EDA. Once a petition has been accepted, EDA is required to make a final determination on a petition within 40 days.2

Footnotes:

2 As of May 17, 2009, the deadline for making a final determination is 40 days. Before May 17, 2009 EDA had 60 days to make a determination.

Certified firms may then submit an Adjustment Proposal for EDA's approval. It generally takes EDA between two weeks to one month to make a final determination on an Adjustment Proposal, depending on the workflow.

The firm works with consultants to implement projects in an approved Adjustment Proposal. As projects are implemented and if the firm is satisfied with the work, the firm will first pay their match to the consultant and then send a notice to the TAAC stating that they are satisfied with the work and that they have paid their matching share. The TAAC will then pay the federal matching share. Firms have up to five years from the date of an Adjustment Proposal's approval to implement it, unless they receive approval for an extension. Generally, firms complete the implementation of their Adjustment Proposals over a two-year period.

Data for This Report

Most of the data used in this report were collected from the petitions for certification and the Adjustment Proposals submitted by the TAACs on behalf of firms. Data from these sources were recorded into a central database by Eligibility Reviewers at EDA. Results for average processing times and the number of approved and denied petitions and Adjustment Proposal were derived by EDA.

All of the data available for Fiscal Years (FY) 2009 and 2008 were used for this report. One weakness to the data sets used is that a few records were incomplete. EDA has identified data collection deficiencies and plans to train EDA and TAAC staff in order to eliminate, to the extent possible, problems that result in incomplete records.

The performance measures in this report were evaluated by looking at quarterly trends and comparing results for FY 2009 and FY 2008. In addition, characteristics of the petitioning and certified firms were aggregated and reported as averages to provide a general profile for these firms.

Results/Findings

(1) The number of firms that inquired about the program.

Because of the decentralized nature of the TAAF Program, EDA currently does not collect reliable information on the number of firms that inquire about the TAA program. EDA is working with the TAACs to collect this data and will include this measure in the revised quarterly report submitted by the TAACs to EDA. EDA is expecting to start collecting this data by the end of December 2009.

(2) The number of petitions filed under section 251.

(3) The number of petitions certified and denied.

(4) The average time for processing petitions.

In FY 2009, there was a 49 percent increase in the number of petitions received by EDA, a 16 percent increase in the number of certified firms, and on average the total petition processing time increased by 17 calendar days, which period is defined as the period between actual submission of a petition by the TAAC and final determination, that is certification or rejection, by EDA.

After accepting a petition for filing, EDA has 40 calendar days to make a final determination. In order to avoid having to reject many of the petitions, EDA does not consider a petition accepted until all the necessary information is collected. When considering the duration between the time of submission and when a final determination is made, the processing time for petitions increased by 17 days in FY 2009 as compared to FY 2008. For the average petition, in both FY 2008 and FY 2009 it took 45 days to make a final determination after it had been accepted for filing under section 251 of the Trade Act.

FY Number of petitions received Number of petitions accepted for filing Number of petitions certified Number of petitions denied Average days between submission and acceptance for filing Average days between acceptance and certification
2009 281 247 212 1 28 45
2008 188 3 190 183 0 11 45
% Change 49 30 16 N/A 155 N/A
3 Two of the petitions accepted for filing in FY 2008 were received by EDA in FY 2007.

FY 2009 Petitions for Certification TAAC State Number of petitions received Number of petitions accepted for filing Number of petitions certified Number of petitions denied Average days between submission and acceptance Average days between acceptance and certification
IN 7 7 7 0
MI 13 11 10 0
OH 8 7 5 0
Great Lakes Total 28 25 22 0 25 43
AR 2 2 2 0
KS 3 2 2 0
MO 13 10 8 0
Mid-America Total 18 14 12 0 37 49
DC 0 0 0 0 41
DE 0 0 0 0
MD 0 0 0 0
NJ 1 1 4 2 0
PA 22 18 16 0
VA 1 1 0 0
WV 0 0 0 0
Mid-Atlantic
Total 24 20 18 0 32
IA 2 2 1 0
IL 28 27 23 0
MN 8 7 6 0
WI 10 9 6 0
Midwest Total 48 45 36 0 26 47
CT 10 9 9 0
MA 28 25 24 0
ME 2 1 1 0
NH 8 8 6 0
RI 8 8 7 0
VT 0 0 0 0
New England Total 56 51 47 0 24 35
New York State NY Total 16 13 11 0 28 46
AK 1 0 0 0
ID 0 0 0 0
MT 2 1 0 0
OR 5 6 5 0
WA 6 5 5 0
Northwest Total 14 12 10 0 33 31
CO 12 11 11 0
ND 1 1 0 0
NE 0 0 0 0
NM 2 2 2 0
SD 0 0 0 0
UT 4 3 2 0
WY 0 0 0 0
Rocky Mountain Total 19 17 15 0 26 49
AL 0 0 0 0 31 44
FL 2 2 2 0
GA 4 4 3 0
KY 0 0 0 0
MS 0 1 0 0
NC 13 11 10 0
SC 0 0 0 0
TN 0 0 0 0
Southeastern Total 19 18 15 0 31 44
LA 2 1 1 0
OK 12 11 9 1
TX 9 8 7 0
Southwest Total 23 20 17 1
AZ 1 1 0 0
CA 15 11 9 0
HI 0 0 0 0
NV 0 0 0 0
Western Total 16 12 9 0 44 37
4 One of the petitions certified from FY 2009 was received by EDA in FY 2008.

(5) The number of petitions filed and firms certified for each congressional district of the United States.

EDA did not collect the number of petitions filed and certified by congressional district in FY 2009. EDA has revised Form ED-840P and is currently undergoing the required Paperwork Reduction Act (PRA) analysis. EDA has incorporated this measure into the revised Form ED-840P, which is currently being submitted to the Office of Management and Budget (OMB) for PRA clearance. In the interim, TAACs have been instructed to identify applicants' congressional districts in supporting documentation submitted with the petition.

(6) The number of firms that received assistance in preparing their petitions.

Although EDA has not previously recorded whether a petitioning firm received assistance in preparing their petition, EDA understood that all firms who submitted petitions through TAACs received assistance from the respective TAAC. EDA has revised Form ED-840P to more accurately record whether firms receive assistance and from whom. Exhibit 6 shows the number of petitions submitted by each TAAC.

[Federal Register graphic "EN15JA10.021" is not available. Please view the graphic in the PDF version of this document.]

(7) Sales, employment, and productivity at each firm participating in the program at the time of certification.

For those firms certified in FY 2009, average employment was by six percent below that for firms certified in FY 2008. Average net sales were 18 percent below, and average productivity was 14 percent below. For the purposes of this report, productivity is defined as net sales per employee. Since the certified firms are in various industries, which have a variety of ways to measure productivity, sales per employee was chosen as the productivity measure. This measure is used because it is simple and can be generally applied to all certified firms.

FY Average employment at certification Average annual net sales at certification Average productivity at certification (net sales per employee)
2009 77 $10,715,785 $128,729
2008 82 $13,081,993 $149,565
% Change (6%) (18%) (14%)

TAAC State Monthly average employment Averag annual net sales Average productivity (net sales per employee)
IN 60 $6,563,817 $90,814
MI 88 13,511,133 169,359
OH 121 21,163,407 163,563
Great Lakes Average 86 13,039,777 143,050
AR 23 2,462,000 106,279
KS 114 7,847,500 69,224
MO 159 5,786,387 94,504
Mid-America Average 129 5,575,841 92,253
DC 0 0 0
DE 0 0 0
MD 0 0 0
NJ 53 6,195,713 115,674
PA 77 9,535,754 125,789
VA 0 0 0
WV 0 0 0
Mid-Atlantic Average 74 9,164,638 124,665
IA 29 1,365,689 47,093
IL 66 11,027,769 153,625
MN 85 9,328,702 121,189
WI 249 33,110,952 158,130
Midwest Average 99 14,156,731 146,011
CT 54 8,008,737 116,324
MA 39 6,070,712 146,199
ME 8 405,912 49,501
NH 47 5,468,664 121,973
RI 79 6,903,936 164,784
VT 0 0 0
New England Average 48 6,368,535 138,096
New York State Average 73 9,339,480 108,707
AK 0 0 0
ID 0 0 0
MT 0 0 0
OR 189 3,229,683 61,458
WA 11 1,500,700 103,599
Northwestern Average 100 2,365,191 82,529
CO 97 34,035,214 140,439
ND 0 0 0
NE 0 0 0
NM 74 4,408,313 64,871
SD 0 0 0
UT 80 11,181,050 150,881
WY 0 0 0
Rocky Mountain Average 92 27,037,738 131,755
AL 0 0 0
FL 78 7,084,047 138,109
GA 34 3,183,356 107,743
KY 0 0 0
MS 0 0 0
NC 111 24,225,837 155,842
SC 0 0 0
TN 0 0 0
Southeastern Average 91 17,731,769 143,858
LA 45 3,121,252 69,361
OK 51 3,689,045 67,355
TX 46 5,504,869 110,700
Average 48 4,403,338 85,321
Southwest AZ 0 0 0
CA 51 7,904,808 143,021
HI 0 0 0
NV 0 0 0
Western Average 51 7,921,301 143,139

Project No. Average monthly employment Annual net sales Productivity
-2141167170 11 $1,196,902 $108,809
-2121444292 67 4,006,469 59,798
-2042247253 122 15,791,636 129,355
-2013118865 115 3,298,000 28,741
-1988436588 42 4,101,937 97,665
-1950117994 19 1,983,347 104,387
-1928548648 29 3,379,076 116,520
-1902999773 84 10,028,851 119,391
-1735872532 86 8,007,271 93,108
-1706525908 24 3,247,216 138,179
-1643182588 335 53,848,974 160,743
-1634468345 5 442,494 88,499
-1546967690 93 14,127,000 151,773
-1506878533 203 38,116,000 187,764
-1414666091 48 8,416,445 175,343
-1399657793 21 3,327,060 158,431
-1370436615 52 6,348,965 122,095
-1204293136 113 1,312,194 11,633
-1178629643 51 3,523,858 68,691
-1144864381 113 21,591,273 191,073
-1119666282 27 2,393,550 89,312
-1097381894 4 366,266 91,567
-1028400370 4 712,071 178,018
-976697335 45 3,575,314 79,451
-976135562 15 1,693,508 109,968
-889718167 53 10,400,385 195,606
-887612628 2 23,036 14,133
-879675653 158 16,095,224 101,656
-854603118 23 665,537 29,579
-764521341 27 4,282,608 161,608
-739225309 78 6,027,470 77,774
-721946507 8 405,912 49,501
-707088102 23 5,357,515 233,748
-701972844 95 12,076,738 127,567
-641759960 24 3,274,000 136,417
-632530935 10 112,451 11,245
-631287923 35 1,924,226 54,978
-627002970 21 2,442,947 119,168
-616871455 15 3,975,576 265,038
-594868995 85 8,341,277 98,133
-592625918 58 6,641,978 114,517
-554756768 93 32,349,000 347,540
-534793263 17 2,346,672 136,434
-510304974 218 23,152,444 106,409
-502336347 75 14,316,003 190,880
-477438887 31 4,527,483 146,048
-476833060 178 15,320,292 86,069
-441231945 174 16,688,000 95,770
-428234294 69 9,989,294 145,405
-404256669 80 7,044,108 87,777
-363836427 37 2,853,566 77,543
-360147020 61 807,976 13,246
-283996920 78 9,189,018 118,308
-48958339 122 43,293,680 354,866
23230469 284 59,905,827 210,625
65254696 20 2,463,879 124,753
114629866 20 2,074,822 104,789
137101191 15 318,347 21,223
176434616 101 12,903,834 128,141
246147845 26 1,935,948 74,460
280418639 9 3,207,749 341,250
526891792 39 3,514,280 90,110
540241037 87 9,939,297 114,905
587994808 98 17,905,792 182,712
631689182 35 2,995,661 85,590
639991136 17 2,949,494 173,500
674278170 13 836,017 65,570
675284787 11 2,494,392 220,743
675586291 223 19,226,471 86,217
712619105 6 405,088 67,515
717100183 7 717,780 106,338
726417873 38 6,404,000 167,425
744959677 344 42,310,370 122,995
775553880 17 1,020,236 60,014
819813906 33 8,930,078 274,772
838593384 58 950,292 16,384
915263089 4 346,908 86,727
945015730 739 111,833 151
962067466 24 3,227,083 135,024
989234254 6 358,000 61,407
1082975273 22 1,650,000 76,142
1211737402 99 10,494,800 106,115
1218148370 50 4,085,428 81,709
1220532373 174 25,421,539 146,101
1221594278 26 2,622,892 102,457
1221842461 28 3,202,408 113,039
1221849510 19 1,514,723 81,524
1222114933 91 408,844 4,493
1222703402 36 2,153,350 59,272
1222797758 20 1,985,109 99,255
1222976955 33 5,407,901 163,876
1224271418 49 7,677,627 156,686
1224872688 103 13,265,206 128,788
1225120776 28 4,903,000 175,107
1225133741 137 13,773,487 100,720
1225201275 326 50,549,619 155,060
1225287691 292 48,371,484 165,656
1225810350 12 749,609 62,467
1227042607 3 195,253 65,084
1227289294 113 12,397,000 109,708
1227543460 888 103,961 117
1227630320 53 6,328,130 119,399
1227877017 8 2,468,000 300,976
1228925679 1 172,826 216,033
1229617894 58 4,103,785 70,270
1229708794 47 6,561,310 139,602
1230052412 19 2,156,922 115,343
1230750559 28 3,825,907 136,640
1231186429 26 2,951,829 113,532
1231426311 19 2,475,523 130,291
1232040671 51 2,773,358 54,486
1232739420 71 26,183,448 367,745
1232999637 4 261,470 65,368
1233087150 167 8,650,171 51,797
1233153258 89 25,373,011 285,090
1233239620 11 660,126 57,906
1233327674 60 8,141,100 135,685
1233338572 46 5,741,356 124,812
1233673084 78 13,219,682 169,483
1233691704 147 7,407,619 50,392
1233760561 88 22,565,731 257,306
1233842492 20 2,408,353 120,418
1234275977 69 10,463,729 151,648
1234966745 16 3,997,722 249,858
1234980125 6 558,835 101,606
1235057791 20 4,409,285 220,464
1235755384 133 49,248,961 370,293
1235770548 97 23,087,874 238,019
1236954447 67 4,297,798 63,984
1237222818 162 34,093,287 210,452
1237298215 61 5,678,660 93,862
1237306159 22 1,874,369 85,199
1237408034 86 8,978,684 104,805
1237488333 79 16,573,810 211,131
1237904074 18 4,579,750 253,305
1237916053 119 9,797,071 82,676
1238084904 14 629,641 45,527
1238173195 115 8,662,992 75,330
1238177474 87 13,279,415 152,637
1238431176 16 1,520,278 93,844
1238505614 29 1,365,689 47,093
1238510711 16 1,147,318 71,707
1238520242 38 3,749,000 98,658
1238765788 21 1,493,937 69,810
1238772555 76 11,606,000 152,110
1239379144 45 3,121,252 69,361
1239897775 10 745,536 74,554
1239916845 17 12,408,106 717,232
1240316759 106 16,656,248 157,134
1240405972 96 12,408,106 129,251
1240492021 153 13,382,187 87,752
1240519189 149 20,677,489 138,682
1242740530 4 196,390 45,672
1242766013 392 24,305,183 61,956
1242847325 69 14,182,980 205,550
1242997549 89 6,572,979 73,688
1243013350 52 16,549,376 318,257
1243436999 644 328,918,000 511,139
1243524425 8 1,389,381 173,673
1243613130 2 232,398 116,199
1243957086 32 3,546,513 112,588
1243968951 23 1,664,125 71,422
1243971069 57 4,043,125 70,808
1244043572 60 4,750,412 79,174
1244055343 99 4,731,197 48,032
1244058559 4 785,907 188,467
1244127442 71 15,427,668 216,529
1244130026 69 9,072,053 131,670
1244133405 79 8,686,480 110,095
1244141043 17 982,499 57,794
1245437191 18 1,736,066 96,448
1246279087 126 18,495,699 146,443
1246304644 474 147,130,573 310,402
1246459021 11 747,668 67,970
1246886248 21 3,131,095 151,261
1246977066 43 5,447,176 126,679
1246981790 38 5,652,842 148,759
1246994607 241 11,004,128 45,660
1247145245 8 442,710 55,339
1247147517 4 1,041,903 260,476
1247150638 10 1,684,610 163,079
1247161869 9 204,767 21,947
1247238696 13 1,965,636 151,203
1247754433 97 18,745,787 194,257
1247831618 50 8,934,942 178,699
1247835180 29 2,441,616 83,332
1247836448 72 10,851,151 150,710
1248180971 5 412,418 82,484
1248977837 137 21,887,413 159,762
1249499924 24 3,648,378 152,016
1249569202 12 936,104 78,009
1249916490 22 3,079,082 138,697
1250184197 138 30,238,000 219,116
1250265178 933 99,626,339 106,781
1327553155 10 1,402,910 140,291
1447786180 11 190,335 17,303
1531863717 114 14,611,240 128,169
1583584994 8 364,976 45,622
1715521604 9 966,076 108,304
1741163169 66 9,039,000 137,832
1745023300 52 8,970,960 172,518
1874078704 7 454,718 67,767
1884248409 8 391,392 48,924
1892823557 107 13,779,974 128,785
1962799420 9 235,598 27,080
1968260507 32 4,751,162 150,021
1978491171 36 9,163,974 254,555
2019516425 10 1,669,942 169,882
2035965487 10 341,614 34,161
2053807288 66 3,595,710 54,480
2060034620 2 151,618 69,967
2092576996 35 4,072,919 118,056
5 As reported by the petitioning firm for the most recent year of the firm's petition period (can be between 6 and 12 months).

(8) The number of firms that received assistance developing Adjustment Proposals.

Although EDA has not previously recorded whether a certified firm received assistance in preparing their Adjustment Proposals, EDA understood that all firms who submitted Adjustment Proposals through TAACs received assistance from the respective TAAC. EDA requested that TAACs include such information in the Adjustment Proposals. Exhibit 10 shows the number of plans submitted by each TAAC.

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(9) The number of Adjustment Proposals approved and denied by the Secretary of Commerce.

In FY 2009, EDA did not deny any Adjustment Proposals and approved 172 plans.

FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009
Number of Business Recovery Plans Approved 162 177 132 137 126 139 172
Avg. Firm Sales (millions) $7.2 $11.6 $8.4 $10.6 $11.2 $15.0 $16.4
Avg. Firm Employees 68 88 64 91 68 81 80

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(10) The financial assistance received by each firm participating in the program.

(11) The financial contribution made by each firm participating in the program. Although the TAACs maintain records on actual government and firm expenditures for implementation of Adjustment Proposals, EDA currently does not collect or record this information in a central database. In FY 2010, EDA will include this measure in the revised quarterly reports submitted by the TAACs to EDA. Exhibit 13 shows the average government and firm cost share proposed by each firm at the time their Adjustment Proposals were approved.

FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009
Total Government Share (millions) $8.1 $8.5 $5.9 $6.7 $7.1 $7.9 $10.3
Total Firm Share (millions) 7.4 8.1 5.4 6.0 5.9 7.5 9.8
Total Projected Costs (millions) 15.5 16.6 11.3 12.7 13.0 15.4 20.2
Avg. Government Assistance Per Firm6 50,000 48,023 44,697 48,905 56,449 56,827 60,123
6 Government share of project implementation costs as proposed in the Adjustment Proposals divided by the number of approved plans.

(12) The types of technical assistance included in the Adjustment Proposals of firms participating in the program.

Firms proposed various types of projects in Adjustment Proposals. More than half of all firms proposed to implement marketing/sales or production/engineering projects. Marketing and sales projects are geared toward increasing revenue, whereas production and engineering projects tend to be geared toward cutting costs. Support system projects can provide a competitive advantage by either cutting costs or creating new sales channels. Management and financial projects are designed to improve management's decision making ability and business control. Sample projects are listed below in Exhibit 15.

TAAC Number of firms that included the following projects in their business recovery plans Marketing/ sales Support systems Management/ financial Production/ engineering
Great Lakes 15 15 11 15
MidAmerica 7 6 4 5
Mid-Atlantic 15 5 5 9
Midwest 26 16 0 23
New England 33 20 27 31
Northwest 7 1 1 5
New York State 10 6 2 9
Rocky Mountain 16 6 4 14
Southeastern 13 7 6 7
Southwest 13 10 1 11
Western 5 3 0 4
Total 160 95 61 133

Marketing/sales Support systems Management/financial Production/engineering
• sales planning/development • strategic market planning/marketing strategy • sales and marketing staff training/coaching/mentoring • market, technology, merchandising, consumer research and analysis/export feasibility study • business development/market expansion/customer diversification • brand recognition/rebranding • MRP/ERP selection and installation • IT systems upgrades • Software training • strategic information technology plan • MIS/IT evaluation and recommendation • Design software • MIS reporting systems and server • CRM and PM software • succession planning, strategic business plan, financial planning, investment planning, supply chain management strategy, pricing strategy • JV and management project • cost accounting/pricing system/cost studies/quoting/cost estimating • cost tracking/control improvement • financial restructuring • Quality assurance/efficiency sys- tems • production evaluation, integration, analysis, and efficiency • 5S, lean manufacturing, Siemens, MRP, phase-gate system • Industry certifications • Employee training • supply chain management program/improvements • bar coding • PLCM improvement
• new product design and development, production line evaluation • web site update/unitronix/Design Online Web site improvements • kiosk ordering system/e-commerce • trade show design/model kit package/travel exhibit design • visual imaging for marketing/advertising tools • Industry certification promotion campaign • sales pricing and sales channel • lead generation • after-market service plan • install new computer network • automate kin controllers • product identification software • CAD software upgrade • Vantage shop floor management system • Tele-conferencing capabilities • implement QuickBooks MIS modules and financial reports • customer communication software upgrade • CRM system • production and inventory control modules/software • MIS system integration quality controls • human resources training, employee training • management-leadership development, managerial capacity building, management training and coaching • interim leadership • company fair market valuation • government procurement assistance • Green manufacturing and certification • site evaluation • Job Boss Shop scheduling system implementation • Value stream map for the manufacturing process • patent requirements • materials test program • enhance testing and analytical capabilities • program • facility expansion and design • prototype research, design, and testing • develop capabilities for new production line/business • production tooling design • vendor stocking program • FSC chain of custody plan • calibrate equipment, equipment installation and start-up, facility/equipment design
• warehouse automation

(13) The number of firms leaving the program before completing the project or projects in their Adjustment Proposals and the reason the project was not completed.

EDA currently does not collect or record this information. In FY 2010, EDA will include this measure in the revised quarterly TAAC report.

(14) Sales, employment, and productivity at each firm upon completion of the program and each year for the two-year period following completion.

Most, if not all, TAACs record the sales, employment and productivity of firms after completing the TAAF Program. However, EDA currently does not collect or record this information for the 2-year period following completion. In FY 2010, EDA will include this measure in the revised quarterly TAAC report.

Discussion and Analysis

FY 2009 Performance

In FY 2009 as compared to FY 2008, the number of petitions submitted to EDA increased by 49 percent. Due to current economic conditions and the expansion of eligibility to service sector firms, increases in the number of petitions are expected to continue in FY 2010. As the TAACs continue to strengthen their marketing channels to more effectively reach service firms, it is expected that the number of petitions will increase. If petitions continue to increase at the same rate, EDA can expect approximately 400 petitions in FY 2010.

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The average total processing time of petitions increased by approximately 17 days, a 30 percent overall increase. A spike in the number of petitions submitted and a recent decline in the number of eligibility reviewers have made it challenging for EDA to meet the 40-day review deadline to provide a final determination on petitions. As of May 17, 2009, EDA is required to make a final determination within 40 calendar days of a petition being accepted for filing under Section 251 of the Trade Act. Before May 17, 2009 EDA had to make a determination within 60 calendar days. The average processing time has improved as of the fourth quarter of FY 2009. The addition of two new EDA Program Analysts (expected start dates between December 2009 and February 2010) and a new TAAF Program Director (start date August 30, 2009) is expected to improve EDA's processing time for petitions for the remainder of FY 2010. For the average petition, Exhibit 18 shows that, EDA missed the 40 day deadline in the third quarter of FY 2009, but was able to meet the deadline in the fourth quarter of FY 2009.

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EDA must approve all petitions for certification and Adjustment Proposals for firms to receive financial assistance. Although EDA has not previously recorded whether a petitioning or certified firm received assistance in preparing their petition or Adjustment Proposals, EDA understood that all firms who submitted petitions and Adjustment Proposals through TAACs received assistance from the respective TAAC. EDA has revised Form ED-840P to more accurately record whether and from whom firms receive assistance. Also, EDA requested that TAACs include such information in the Adjustment Proposals.

EDA has assumed that eligible firms either do not have the capacity to submit petitions and Adjustment Proposals without assistance, or that doing so would cause unnecessary burden to small and medium-sized firms. EDA therefore understands that all firms receive assistance.

As compared to FY 2008, average net sales of certified firms declined by 20 percent and average employment declined by six percent. The National Bureau of Economic Research (NBER) determined that a recession began in December 2007. It is likely that the recession has contributed to the decline in sales and employment of certified firms in FY 2009. Firm productivity, defined as net sales per employee, in certified firms has declined as well.

The TAAF program strongly targets small and medium-sized businesses in the provision of assistance. In order to classify small and medium-sized firms EDA used the Small Business Administration's (SBA's) size standards. Medium-sized firms are classified as those with less than 500 employees for most manufacturing and mining industries, or less than $7 million in average annual receipts for most nonmanufacturing industries. Ninety eight percent of the firms certified in FY 2009 had fewer than 500 employees, and 58 percent had less than $7 million in annual net sales. This indicates that the TAAF program is mostly reaching small and medium-sized businesses.

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EDA experienced a 15 percent increase in the number of Adjustment Proposals it received for approval in FY 2009. In comparison, there was a 49 percent increase in the number of petitions in the same year. It is expected that the number of Adjustment Proposals submitted will be fewer than the number of petitions, since Adjustment Proposals often take more time to create and require firms to contribute funds for their development and implementation. Firms with limited working capital and limited access to credit will tend to develop and implement the Adjustment Proposals more gradually.

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The number of approved Adjustment Proposals and the proposed financial assistance to be received from EDA and contributed by each firm increased in FY 2009. EDA approved an additional 28 Adjustment Proposals as compared to FY 2008 and proposed to spend an additional total of $2.4 million in government funds. The TAAF Program received an increase of approximately $1.7 million in Omnibus appropriations for FY 2009.

Approximately 65 percent of firms included marketing/sales projects or production/engineering projects in their Adjustment Proposals. Approximately 35 percent of firms included support system projects or management/financial projects in their Adjustment Proposals. This mix of project types proposed in the Adjustment Proposals indicates that firms are focusing on both revenue growth and cost reduction in order to improve their profit margin.

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Looking Forward: Data Collection

The TGAAA identifies 14 measures to be included in each year's TAAF Annual Report. Of the 14 measures, EDA currently does not collect data on four. These measures are: (1) The number of firms that inquired about the program, (2) the number of petitions certified by congressional district, (3) the number of firms leaving the program and why, and (4) sales, employment, and productivity at each firm upon completion of the program and every year for the two years thereafter. There are another four measures that EDA does not collect data on directly, but has access to relevant information: These measures are: (1) The number of firms that received assistance in preparing their petition, (2) the number of firms that received assistance in preparing their Adjustment Proposal, (3) the actual government outlays for each firm implementing their Adjustment Proposal, and (4) the actual firm outlays for implementing the Adjustment Proposal. Most of these measures are recorded by the TAACs, but EDA has not required TAACs to report on them to EDA.

Measurement Collected by EDA? Recordkeeping system Procedure/policy changes required
1. Number of Firm Inquiries No New Management Information system (MIS) TAACs should have a written record of their response to firm inquiries and submit a copy of this notice along with the firm's DUNS number to EDA in the TAAC's quarterly report. A new information system will need to be designed to record the information collected from the TAAC quarterly reports.
2. Number of Petitions Yes MIS None.
3. Number of Petitions Certified and Denied Yes MIS None.
4. Average Petition Processing Time Yes Derived from MIS None.
5. Number of Petitions and Certifications by Congressional District No MIS Form ED-840P will be revised so that a firm's congressional district will be recorded. The MIS has been modified to include this information.
6. Number of Firms that Received Assistance in Preparing their Petitions To some extent MIS Currently, EDA receives all petitions directly from the TAACs. Form ED-840P will be revised so that firms can indicate whether they received assistance. The MIS will be modified to include this information.
7. Number of Firms that Received Assistance in Developing Their Adjustment Proposal To some extent MIS Currently, EDA receives all Adjustment Proposals directly from the TAACs. TAACs have been advised to indicate the type of assistance received by the firms in the adjustment proposals submitted to EDA. The MIS will be modified to include this information.
8. Number of Adjustment Proposals Approved and Denied Yes MIS None
9. Sales, Employment, and Productivity at Time of Certification Yes MIS For the large number of firms in varying industries being measured, few employ or track the same productivity measures. EDA chose to use the simplest and most universal metric for productivity: sales per employee.
10. Sales, Employment, and productivity at Each Firm Upon Completion of the Program and Each Year for the Two-Year Period Thereafter No New MIS EDA will request this information from TAACs in their quarterly reports. Also, EDA may continue to track firms through the Dun and Bradstreet database to collect sales and employment figures.
11. Financial Assistance Received by Each Firm Participating in the Program To some extent New MIS EDA records the proposed government expenditures on each project, but does not request information on actual outlays for each firm. EDA will request this information from TAACs in their quarterly reports.
12. Financial Contribution Made by Each Firm Participating in the Program To some extent New MIS EDA records firms' proposed expenditures on each project, but does not request information on actual outlays for each firm. EDA will request this information from TAACs in their quarterly reports.
13. Types of Technical Assistance Included in the Adjustment Proposals of Firms Yes MIS This information is now recorded by EDA. Previously this information was submitted to EDA, but not recorded in any MIS.
14. Number of Firms Leaving the Program Before Completing the Project(s) in their AP and the Reason No New MIS TAACs will be advised to include this measure in their quarterly activity reports.
Classification of Data by TAAC, State, and National Totals Yes MIS None.

EDA is considering several steps to address the collection of the remaining measures.

Following is a list of the steps EDA will take to address the current data collection gaps.

(1) TAACs were instructed to upgrade their Adobe software to facilitate data collection. TAACs that only have Adobe Reader can use the Adobe fillable forms, but they cannot save the information on their computers. Upgrading the Adobe software will allow the remaining TAACs to save electronic records of the forms, and will allow EDA to automatically upload information into its management information system and no longer require EDA to re-type all of the information into the system.

(2) EDA will issue several new procedures and guidelines to simplify data collection through a revised template for the quarterly TAAC activity reports.

(3) As resources become available, the management information system (MIS) will be expanded to facilitate reporting.

(4) EDA is in the process of seeking OMB clearance for a revised Form ED-840P to collect all required data.

Conclusion

Overall, there has been an increase in the demand for the TAAF Program in FY 2009, as demonstrated by the increase in the number of petitions for certification and Adjustment Proposals submitted to EDA.

Due to the spike in petitions and Adjustment Proposals, EDA experienced challenges in meeting the new 40-day processing deadline for petitions accepted for filing immediately after the new rule's implementation. However, since the fourth quarter of FY 2009, the average processing time for petitions declined below the 40-day requirement. New TAAF program staff members are expected to help improve processing time even further for FY 2010.

TAACs effectively targeted small and medium-sized firms in FY 2009. The average employment, net sales, and productivity of firms certified in FY 2009 declined in comparison to the previous fiscal year. More than half of all firms proposed to implement a marketing/sales project or production/engineering project in their Adjustment Proposals.

Of the 14 measures required for reporting, EDA was unable to provide any information on four measures, and provided limited information on another four measures. EDA is taking steps to collect and report on all of the missing measures for the FY 2010 Annual Report.

Dated: January 7, 2010.

Bryan Borlik,

Director, Trade Adjustment Assistance for Firms Program.

[FR Doc. 2010-561 Filed 1-14-10; 8:45 am]

BILLING CODE 3510-24-P