Trade Adjustment Assistance Program: Training and Employment Guidance Letter, 8829-8849 [05-3420]

Download as PDF Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices Signed in Washington, DC, this 19th day of January, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–699 Filed 2–22–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–54,796] Venture Industries, Lancaster Ohio Plant, Lancaster, OH; Notice of Negative Determination Regarding Application for Reconsideration By application dated July 19, 2004, a petitioner requested administrative reconsideration of the Department’s negative determination regarding the eligibility for workers of Venture Industries to apply for trade adjustment assistance. The denial notice applicable to workers of the subject firm located Lancaster, Ohio, was signed on June 25, 2004, and was published in the Federal Register on August 3, 2004 (69 FR 46574). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances: (1) If it appears on the basis of facts not previously considered that the determination complained of was erroneous; (2) If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or (3) If in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. In the request for reconsideration of the petition denial, the petitioner claims that worker separations were ‘‘due to the circumstances of the Venture Pegaform plant in Germany being in financial trouble, profits from the American plants were used to help get this facility back to where it could turn a profit, therefore leaving the American Venture Plants in financial trouble.’’ The petitioner adds that the money used for the Venture Pegaform plant in Germany could have kept the Lancaster, Ohio plant open. In order for the workers of the subject firm to be certified eligible to apply for trade adjustment assistance, the worker group eligibility requirements of section 222 of the Trade Act of 1974, as amended, must be met. (1) A significant number or proportion of the workers in such workers’ firm, or an VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; and (2)(A)(i) The sales or production, or both, of such firm or subdivision have decreased absolutely; (ii) Imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and (iii) The increase in imports described in clause (ii) contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or (B)(i) There has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and (ii)(I) The country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; (II) The country to which the workers’ firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or (III) There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. The worker group eligibility requirements described above does not contain a provision for a shift of profits from a U.S. firm to a firm in a foreign country. The workers of Venture Industries, Lancaster Ohio Plant, Lancaster, Ohio, produced sheet/fiberglass molding compound for exterior automotive parts. The Department’s initial investigation determined that during the relevant period (from 2002 through April 2004) there were no imports by the firm or its customers of like or directly competitive products. Furthermore, the subject firm did not shift production of sheet/ fiberglass molding compound from the Lancaster, Ohio plant to a foreign country. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed in Washington, DC, this 22nd day of December, 2004. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–698 Filed 2–22–05; 8:45 am] BILLING CODE 4510–30–P PO 00000 Frm 00068 Fmt 4703 DEPARTMENT OF LABOR Employment and Training Administration Trade Adjustment Assistance Program: Training and Employment Guidance Letter The Employment and Training Administration interprets Federal law requirements pertaining to Trade Adjustment Assistance (TAA). These interpretations are issued in Training and Employment Guidance Letters (TEGLs) to the State Workforce Agencies. The TEGL described below is published in the Federal Register in order to inform the public. TEGL 2–03, Change 1, clarifies the interim operating instructions published in TEGL 2–03, and TEGL 2–03, Change 2, amends operating instructions issued in TEGL 2–03 and TEGL 2–03, Change 1. TEGL 2–03 Change 1 TEGL 2–03 provided interim operating instructions for states to use in implementing the ATAA program. TEGL 2–03, Change 1, provides answers to questions the Department received concerning the operation of the ATAA program. The attachment restates the questions raised and provides the answers to those questions. TEGL 2–03, Change 2 This TEGL modifies TEGL 2–03 and TEGL 2–03, Change 1, to allow certain certified worker groups to apply for ATAA retroactively. This will include workers who filed a petition using a form that did not include an opportunity to indicate whether or not the petitioner wished to request ATAA certification, and who either had a petition in process on August 6, 2003, or filed a petition on or after that date. The instructions in TEGL 2–03, Change 1 and Change 2, are issued to the states and the cooperating state workforce agencies (SWAs) as guidance provided by the U.S. Department of Labor in its role as the principal in the TAA program. As agents of the Secretary of Labor, the states and cooperating SWAs may not vary from the instructions in TEGL 2–03, Change 1 and Change 2, without prior approval from the Department. Dated: February 16, 2005. Emily Stover DeRocco, Assistant Secretary of Labor. BILLING CODE 4310–30–M Sfmt 4703 8829 E:\FR\FM\23FEN1.SGM 23FEN1 VerDate jul<14>2003 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.000</GPH> 8830 VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 8831 EN23FE05.001</GPH> Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.002</GPH> 8832 VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 8833 EN23FE05.003</GPH> Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.004</GPH> 8834 VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 8835 EN23FE05.005</GPH> Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.006</GPH> 8836 VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 8837 EN23FE05.007</GPH> Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.008</GPH> 8838 VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 8839 EN23FE05.009</GPH> Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.010</GPH> 8840 VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 8841 EN23FE05.011</GPH> Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.012</GPH> 8842 VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 8843 EN23FE05.013</GPH> Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.014</GPH> 8844 VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 8845 EN23FE05.015</GPH> Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.016</GPH> 8846 VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 8847 EN23FE05.017</GPH> Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices 16:28 Feb 22, 2005 Jkt 205001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4725 E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.018</GPH> 8848 Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices BILLING CODE 4510–30–C NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NUREG/BR–0238, Materials Annual Fee Billing Handbook; NRC Form 628, ‘‘Financial EDI Authorization’’; NUREG/ BR–0254, Payment Methods; NRC Form 629, ‘‘Authorization for Payment by Credit Card’’. 3. The form number if applicable: NRC Form 628, ‘‘Financial EDI Authorization’’; NRC Form 629, ‘‘Authorization for Payment by Credit Card’’. 4. How often the collection is required: Annually. 5. Who will be required or asked to report: Anyone doing business with the Nuclear Regulatory Commission including licensees, applicants and individuals who are required to pay a fee for inspections and licenses. 6. An estimate of the number of annual responses: 7,330 (10 for NRC VerDate jul<14>2003 16:28 Feb 22, 2005 Jkt 205001 Form 628 and 7,320 for NRC Form 629 and NUREG/BR–0254). 7. The estimated number of annual respondents: 7,330 (10 for NRC Form 628 and 7,320 for NRC Form 629 and NUREG/BR–0254). 8. An estimate of the total number of hours needed annually to complete the requirement or request: 611 (.8 hour for NRC Form 628 and 610 hours for NRC Form 629 and NUREG/BR–0254). 9. An indication of whether Section 3507(d), Pub. L. 104–13 applies: Not applicable. 10. Abstract: The U.S. Department of the Treasury encourages the public to pay monies owed the government through use of the Automated Clearinghouse Network and credit cards. These two methods of payment are used by licensees, applicants, and individuals to pay civil penalties, full cost licensing fees, and inspection fees to the NRC. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O–1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by March 25, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150–0190), NEOB–10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to John_A._Asalone@omb.eop.gov or submitted by telephone at (202) 395– 4650. The NRC Clearance Officer is Brenda Jo. Shelton, (301) 415–7233. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 Dated in Rockville, Maryland, this 14th day of February, 2005. For the Nuclear Regulatory Commission. Brenda Jo. Shelton, NRC Clearance Officer, Office of Information Services. [FR Doc. 05–3399 Filed 2–22–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–413 and 50–414] Duke Energy Corporation; Concerning the Application for Irradiation of Mixed Oxide Lead Test Assemblies at Catawba Nuclear Station, Units 1 and 2, Supplement No. 1 to Environmental Assessment and Finding of No Significant Impact The Nuclear Regulatory Commission (NRC) is considering issuance of amendments to the Facility Operating Licenses to permit the use of mixed oxide (MOX) lead test assemblies (LTAs) in one of the two Catawba units and is considering the granting of exemptions from (1) the requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.44(a), 10 CFR 50.46(a)(1) and 10 CFR part 50, Appendix K with respect to the use of M5TM fuel rod cladding; (2) 10 CFR 50.46(a)(1) and Appendix K to part 50 with respect to the use of MOX fuel; and (3) certain physical security requirements of 10 CFR parts 11 and 73 that are usually required at fuel fabrication facilities for the protection of strategic quantities of special nuclear material. A similar request for an exemption from the requirements of 10 CFR 50.44(a) with respect to the use of M5TM fuel rod cladding is not being granted since 10 CFR 50.44 has been changed and an exemption is no longer necessary. The amended licenses and exemptions would apply to Renewed Facility Operating License Nos. NPF–35 and NPF–52, issued to Duke Energy Corporation (Duke, the licensee), for operation of the Catawba Nuclear E:\FR\FM\23FEN1.SGM 23FEN1 EN23FE05.019</GPH> [FR Doc. 05–3420 Filed 2–22–05; 8:45 am] 8849

Agencies

[Federal Register Volume 70, Number 35 (Wednesday, February 23, 2005)]
[Notices]
[Pages 8829-8849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3420]


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DEPARTMENT OF LABOR

Employment and Training Administration


Trade Adjustment Assistance Program: Training and Employment 
Guidance Letter

    The Employment and Training Administration interprets Federal law 
requirements pertaining to Trade Adjustment Assistance (TAA). These 
interpretations are issued in Training and Employment Guidance Letters 
(TEGLs) to the State Workforce Agencies. The TEGL described below is 
published in the Federal Register in order to inform the public.
    TEGL 2-03, Change 1, clarifies the interim operating instructions 
published in TEGL 2-03, and TEGL 2-03, Change 2, amends operating 
instructions issued in TEGL 2-03 and TEGL 2-03, Change 1.

TEGL 2-03 Change 1

    TEGL 2-03 provided interim operating instructions for states to use 
in implementing the ATAA program. TEGL 2-03, Change 1, provides answers 
to questions the Department received concerning the operation of the 
ATAA program. The attachment restates the questions raised and provides 
the answers to those questions.

TEGL 2-03, Change 2

    This TEGL modifies TEGL 2-03 and TEGL 2-03, Change 1, to allow 
certain certified worker groups to apply for ATAA retroactively. This 
will include workers who filed a petition using a form that did not 
include an opportunity to indicate whether or not the petitioner wished 
to request ATAA certification, and who either had a petition in process 
on August 6, 2003, or filed a petition on or after that date.
    The instructions in TEGL 2-03, Change 1 and Change 2, are issued to 
the states and the cooperating state workforce agencies (SWAs) as 
guidance provided by the U.S. Department of Labor in its role as the 
principal in the TAA program. As agents of the Secretary of Labor, the 
states and cooperating SWAs may not vary from the instructions in TEGL 
2-03, Change 1 and Change 2, without prior approval from the 
Department.

    Dated: February 16, 2005.
Emily Stover DeRocco,
Assistant Secretary of Labor.
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[FR Doc. 05-3420 Filed 2-22-05; 8:45 am]
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