are guaranteed by the Trade Expansion Act.

(d) The aggregate amount of direct loans made to any firm under this subpart which are outstanding at any time shall not exceed $1,000,000. The amount of direct loans which may be made to any firm under this subpart shall be reduced by the aggregate amount of direct loans made under the Trade Expansion Act which are outstanding.

§ 315.60 Operating reserves.

The Assistant Secretary shall maintain operating reserves with respect to anticipated claims under guarantees made under this subpart. Such reserves shall be considered to constitute obligations for purposes of section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C. 200).

§ 315.61 Fees.

The Assistant Secretary may charge a fee to a lender which makes a loan guaranteed under this subpart in such amount as is necessary to cover the cost of administration of such guarantee.

[42 FR 12420, Mar. 4, 1977]

§ 315.62 Administration of financial assistance.

(a) In making and administering guarantees and loans under this subpart, the Assistant Secretary may

(1) Require security for any such guarantee or loan, and enforce, waive, or subordinate such security;

(i) Personal guarantees will be required only when necessary to assure the continued interest and effort of the borrower's owners or management on behalf of the borrower.

(2) Assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property or security assigned to or held by him in connection with such guarantees or loan;

(3) Collect, compromise, and obtain deficiency judgments with respect to all obligations assigned to or held by him in connection with such guaran

tees or loans until such time as such obligations may be referred to the Attorney General for suit or collection;

(4) Renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans;

(5) Acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such purposes; and

(6) Exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pursuant to this subpart.

(b) Any mortgage acquired as security under paragraph (a) of this section shall be recorded under applicable State law.

(c) All repayments of loans, payments of interest, and other receipts arising out of transactions entered into by the Assistant Secretary pursuant to this subpart, shall be available for financing functions performed under this subpart, including administrative expenses in connection with such functions.

[41 FR 52648, Dec. 1, 1976, as amended at 42 FR 59837, Nov. 22, 1977]

§ 315.63 Delegation of functions to SBA.

In case of any firm which is small within the meaning of the Small Business Act (and regulations promulgated in 13 CFR Chapter I, Part 121) the Assistant Secretary may delegate all of his functions under this subpart to the Administrator of the Small Business Administration.

§ 315.64 Transitional provisions.

Any firm whose adjustment proposal was certified under section 311 of the Trade Expansion Act before the effective date of this part may receive assistance at the level set forth in such certified proposal.

§ 315.65 Employment of expediters or administrative employees; compensation of persons engaged by or on behalf of applicants.

(a) No adjustment assistance under this Part shall be extended to any firm unless the owners, partners, or officers of the firm certify to the Assistant Secretary the names of any attorneys, agents, or other persons engaged by or on behalf of the firm for the purpose of expediting applications for such adjustment assistance, and the fee paid or to be paid to any such persons.

(b) No financial assistance under this Part shall be extended to any firm unless the owners, partners, or officers of the firm execute an agreement to refrain from employing, tendering any office or employment to, or retaining for professional services any person, who, on the date such financial assistance or any part thereof was provided, or within one year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Assistant Secretary shall have determined involved discretion with respect to the provision of such financial assistance. Such agreement will be binding on the applicant for a period of two years after the financial assistance is rendered.

§ 315.66

Environmental considerations.

Environmental

(a) The National Policy Act. (1) Since the Trade Act of 1974 requires applications for adjustment assistance to firms to be processed within 60 days of their acceptance, EDA will not be able to prepare environmental impact statements for those projects which may significantly affect the quality of the human environment. However, to the fullest extent possible within this time period, EDA will analyze a project's potential environmental impacts and give appropriate consideration to environmental impacts in making its final decision.

(2) In order that EDA may conduct its environmental analysis of proposed projects, applicants shall include the following materials with their application, except with respect to paragraphs (a)(2) (iii) and (iv) of this section if such materials are not available

in which case the applicant must so certify:

(i) A description of those elements of the proposed project which will have an impact on the environment, the nature of the environment which will be affected; and data on the expected environmental impact;

(ii) Alternatives to the proposed project;

(iii) Any environmental analysis previously conducted by local, State, and Federal agencies; and

(iv) Evidence of public reaction to the project, such as transcripts of local public hearings held on the proposal.

(3) EDA will independently review and analyze environmental information submitted by applicants.

(i) Where appropriate, EDA, within the 60 day limit, may seek the views of other government agencies which have jurisdiction by law or special expertise with respect to any environmental impact involved.

(ii) If a project appears to be highly controversial for environmental reasons and there is a need to further understand the basis of the controversy, EDA may, within the 60 day limit, request the views of concerned residents through a newspaper notification or a public information meeting held near the project site.

(4) EDA shall deny an application if, after consideration of the benefits of a project against any environmental costs, it concludes that the environmental costs exceed the benefits. EDA may deny any application solely on the basis that its environmental impact analysis discloses that unacceptable adverse impacts will or are likely to result. EDA, where necessary, may condition approval of a project upon the adoption of specified measures designed to mitigate any adverse environmental impacts.

(b) The National Historic Preservation Act. (1) Applicants shall include with their applications either a statement of their State Historic Preservation Officer's views of the proposed project or shall certify that their State Historic Preservation Officer was provided with a detailed project description and request for comments prior to application's submission to EDA.

(2) If necessary, EDA will attempt to complete the coordination of proposed projects with the Advisory Council on Historic Preservation. EDA will use the results of this coordination process, even though. completion of this process may not be possible, as a factor in making a final decision on the project.

Subpart D-Study of Firms in an Industry Which Is the Subject of an Investigation of Injury or Threat of Injury by the International Trade Commission

§ 315.80 EDA study.

(a) Initiation of the Study. Upon notification by the Commission of the commencement of an investigation under section 201 of the Trade Act with respect to injury to a domestic industry occurring as a result of the increased importation of articles into the United States that are like or directly competitive with articles produced by the domestic industry, the Assistant Secretary shall immediately cause a study to be undertaken under section 264 of the Trade Act of:

(1) The number and identity of firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified eligible to apply for adjustment assistance under section 251 of the Trade Act and this part, and

(2) The extent to which the orderly adjustment of firms in the domestic industry to import competition may be facilitated through the use of existing programs.

(b) Report. Upon completion of the study described in paragraph (a) of this section, and within fifteen days of the date on which the Commission makes its report to the President of the United States under section 201 of the Trade Act the Assistant Secretary shall report to the President the findings and conclusions of the study. As soon thereafter as practicable the Assistant Secretary shall make his report public (with the exception of confidential business information that is exempted by law from public disclosure).

§ 315.81 Information on adjustment assistance programs.

Upon a report of the Commission to the President of an affirmative finding of injury or threat of injury to an industry under section 201(b) of the Trade Act, the Assistant Secretary shall make available to firms in such industry, to the extent feasible, information about programs that may facilitate their orderly adjustment to import competition and shall, through the agencies of the Department designated by him, provide assistance in the preparation and processing of petitions and applications for such assist

§ 315.92 Form and content of petition.

Any community or group of communities seeking certification under this subpart shall be required to complete a petition form, which shall provide, among other matters, identification of and information on its officials, data on its demography, information concerning the total sales, employment and production of firms within the community, and the firms or subdivisions of firms within the community that have been import-impacted or have transferred to a foreign country. For each firm so identified, information shall be required concerning the goods and services produced and sold by the firm and the imported articles which are like or directly competitive

§ 315.65 Employment of expediters or administrative employees; compensation of persons engaged by or on behalf of applicants.

(a) No adjustment assistance under this Part shall be extended to any firm unless the owners, partners, or officers of the firm certify to the Assistant Secretary the names of any attorneys, agents, or other persons engaged by or on behalf of the firm for the purpose of expediting applications for such adjustment assistance, and the fee paid or to be paid to any such persons.

(b) No financial assistance under this Part shall be extended to any firm unless the owners, partners, or officers of the firm execute an agreement to refrain from employing, tendering any office or employment to, or retaining for professional services any person, who, on the date such financial assistance or any part thereof was provided, or within one year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Assistant Secretary shall have determined involved discretion with respect to the provision of such financial assistance. Such agreement will be binding on the applicant for a period of two years after the financial assistance is rendered.

§ 315.66

Environmental considerations.

Environmental

(a) The National Policy Act. (1) Since the Trade Act of 1974 requires applications for adjustment assistance to firms to be processed within 60 days of their acceptance, EDA will not be able to prepare environmental impact statements for those projects which may significantly affect the quality of the human environment. However, to the fullest extent possible within this time period, EDA will analyze a project's potential environmental impacts and give appropriate consideration to environmental impacts in making its final decision.

(2) In order that EDA may conduct its environmental analysis of proposed projects, applicants shall include the following materials with their application, except with respect to paragraphs (a)(2) (iii) and (iv) of this section if such materials are not available

in which case the applicant must so certify:

(i) A description of those elements of the proposed project which will have an impact on the environment, the nature of the environment which will be affected; and data on the expected environmental impact;

(ii) Alternatives to the proposed project;

(iii) Any environmental analysis previously conducted by local, State, and Federal agencies; and

(iv) Evidence of public reaction to the project, such as transcripts of local public hearings held on the proposal.

(3) EDA will independently review and analyze environmental information submitted by applicants.

(i) Where appropriate, EDA, within the 60 day limit, may seek the views of other government agencies which have jurisdiction by law or special expertise with respect to any environmental impact involved.

(ii) If a project appears to be highly controversial for environmental reasons and there is a need to further understand the basis of the controversy, EDA may, within the 60 day limit, request the views of concerned residents through a newspaper notification or a public information meeting held near the project site.

(4) EDA shall deny an application if, after consideration of the benefits of a project against any environmental costs, it concludes that the environmental costs exceed the benefits. EDA may deny any application solely on the basis that its environmental impact analysis discloses that unacceptable adverse impacts will or are likely to result. EDA, where necessary, may condition approval of a project upon the adoption of specified measures designed to mitigate any adverse environmental impacts.

(b) The National Historic Preservation Act. (1) Applicants shall include with their applications either a statement of their State Historic Preservation Officer's views of the proposed project or shall certify that their State Historic Preservation Officer was provided with a detailed project description and request for comments prior to application's submission to EDA.

(2) If necessary, EDA will attempt to complete the coordination of proposed projects with the Advisory Council on Historic Preservation. EDA will use the results of this coordination process, even though. completion of this process may not be possible, as a factor in making a final decision on the project.

Subpart D-Study of Firms in an Industry Which Is the Subject of an Investigation of Injury or Threat of Injury by the International Trade Commission

§ 315.80 EDA study.

(a) Initiation of the Study. Upon notification by the Commission of the commencement of an investigation under section 201 of the Trade Act with respect to injury to a domestic industry occurring as a result of the increased importation of articles into the United States that are like or directly competitive with articles produced by the domestic industry, the Assistant Secretary shall immediately cause a study to be undertaken under section 264 of the Trade Act of:

(1) The number and identity of firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified eligible to apply for adjustment assistance under section 251 of the Trade Act and this part, and

(2) The extent to which the orderly adjustment of firms in the domestic industry to import competition may be facilitated through the use of existing programs.

(b) Report. Upon completion of the study described in paragraph (a) of this section, and within fifteen days of the date on which the Commission makes its report to the President of the United States under section 201 of the Trade Act the Assistant Secretary shall report to the President the findings and conclusions of the study. As soon thereafter as practicable the Assistant Secretary shall make his report public (with the exception of confidential business information that is exempted by law from public disclosure).

§ 315.81

Information on adjustment assistance programs.

Upon a report of the Commission to the President of an affirmative finding of injury or threat of injury to an industry under section 201(b) of the Trade Act, the Assistant Secretary shall make available to firms in such industry, to the extent feasible, information about programs that may facilitate their orderly adjustment to import competition and shall, through the agencies of the Department designated by him, provide assistance in the preparation and processing of petitions and applications for such assist

ance.

Subpart E-Certification of Eligibility of Communities To Apply for Adjustment Assistance

§ 315.90 Scope.

This subpart sets forth regulations regarding the certification of eligibility of communities to apply for adjustment assistance under Chapter 4 of Title II of the Trade Act of 1974.

§ 315.91 Petitions for certification.

A petition for certification of eligibility for adjustment assistance may be filed by a community or group of communities, or on behalf of a community by the Governor of the State in which such community or group of communities are located.

§ 315.92 Form and content of petition.

Any community or group of communities seeking certification under this subpart shall be required to complete a petition form, which shall provide, among other matters, identification of and information on its officials, data on its demography, information concerning the total sales, employment and production of firms within the community, and the firms or subdivisions of firms within the community that have been import-impacted or have transferred to a foreign country. For each firm so identified, information shall be required concerning the goods and services produced and sold by the firm and the imported articles which are like or directly competitive