Air Products and Chemicals, Inc. Including On-Site Leased Workers of Shaw Maintenance, Inc., Pace, FL; Notice of Revised Determination on Reconsideration, 29182-29183 [E6-7613]
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29182
Federal Register / Vol. 71, No. 97 / Friday, May 19, 2006 / Notices
(60) days before the end of the period
of performance of the cooperative
agreement. The final report is due to
DOL ten (10) days before the end of the
period of performance of the
cooperative agreement.
The Department will arrange for an
independent evaluation of the
outcomes, impacts, accomplishments,
and benefits of each funded project. All
grantees must agree to cooperate with
this evaluation and must make available
records on all parts of project activity,
including available data on employment
and wages of participants in the selfemployment service delivery models
being studied, and provide access to
personnel, as specified by the
evaluator(s), under the direction of
ODEP. This independent evaluation is
separate from the ongoing evaluation for
continuous improvement required of the
grantee for project implementation.
Technical assistance efforts will be
coordinated with and will complement
those of ODEP’s National Center on
Workforce and Disability for Adults
(NCWD/A), as well as ODEP’s other
technical assistance efforts, including:
The National Consortium on Workforce
and Disability for Youth (NCWD/Y), the
Job Accommodation Network (JAN), the
Employer Assistance and Recruiting
Network (EARN), and the Small
Business and Self-Employment Service
(SBSES) (a service of ODEP
implemented through JAN which
provides information, counseling, and
referrals about self-employment and
small business ownership opportunities
for people with disabilities). Grantees
must also agree to work with the ODEP
in its various technical assistance efforts
in order to freely share with others what
is learned about delivering selfemployment services to individuals
with disabilities. Grantees must agree to
collaborate with other research
institutes, centers, studies, and
evaluations that are supported by the
DOL and other relevant Federal
agencies, as appropriate. Finally,
Grantees must agree to actively utilize
the programs sponsored by the ODEP,
including the Job Accommodation
Network (https://www.jan.wvu.edu), and
the Employer Assistance and Recruiting
Network (https://www.earnworks.com).
Each successful applicant will be
required to prepare a strategic plan for
achieving the goals of the cooperative
agreement during the first year of the
agreement and submit it to ODEP for
approval.
VIII. Agency Contacts
Any questions regarding this SGA
should be directed to Cassandra
Mitchell, e-mail address:
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mitchell.cassandra@dol.gov, tel: 202–
693–4570 (note that this is NOT a tollfree number). To obtain further
information about the Office of
Disability Employment Policy of the
U.S. Department of Labor, visit the
USDOL Web site of the Office of
Disability Employment Policy at https://
www.dol.gov/odep.
IX. Appendices
The appendices are as follows:
Appendix A. Application for Federal
Assistance, Form SF–424.
Appendix B. Budget Information
Sheet, Form SF–424A.
Appendix C. Assurances and
Certifications Signature Page.
(Appendices D and E are not
applicable).
Appendix F. Survey on Ensuring
Equal Opportunity for Applicants.
Detailed information and document
locations:
Appendix A. Application for Federal
Assistance, Form SF–424 (OMB No.
4040–0004).
Appendix B. Budget Information
Sheet, Form SF–424A (OMB No. 0348–
0044).
Both forms SF–424 and 424A can be
obtained at the following Web address:
https://apply.grants.gov/agency/
FormLinks?family=7.
Appendix F. Survey on Ensuring
Equal Opportunity for Applicants (OMB
No. 1890–0014).
The Survey on Ensuring Equal
Opportunity for Applicants form can be
obtained at the following Web address:
https://www.ed.gov/fund/grant/apply/
appforms/surveyeo.pdf. (If you are
viewing this in an electronic format and
are receiving ‘‘page not found’’, please
cut and paste the URL into your browser
window)
Appendix C. Assurances and
Certifications Signature Page.
Certifications and Assurances
Assurances and Certifications Signature
Page
The Department of Labor will not
award a grant or agreement where the
grantee/recipient has failed to accept the
assurances and certifications contained
in this section. By signing and returning
this signature page, the grantee/
recipient is providing the certifications
set forth below:
A. Certification Regarding Lobbying,
Debarment, Suspension, Other
Responsibility Matters—Primary
Covered Transactions and Certifications
Regarding Drug-Free/Tobacco-Free
Workplace,
B. Certification of Release of
Information,
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C. Assurances—Non-Construction
Programs,
D. Applicant is not a 501(c)(4)
organization.
Applicant Name and Legal Address:
If there is any reason why one of the
assurances or certifications listed cannot
be signed, please explain. Applicant
need only submit and return this
signature page with the grant
application. All other instruction shall
be kept on file by the applicant.
llllllllllllllllll
l
Signature of Authorized Certifying
Official
llllllllllllllllll
l
Title
llllllllllllllllll
l
Applicant Organization
llllllllllllllllll
l
Date Submitted
Please Note: This signature page and any
pertinent attachments which may be required
by these assurances and certifications shall
be attached to the applicant’s Cost Proposal.
Signed at Washington, DC this 12th day of
May, 2006.
Eric Vogt,
Grant Officer.
[FR Doc. 06–4669 Filed 5–18–06; 8:45 am]
BILLING CODE 4510–FK–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,583]
Air Products and Chemicals, Inc.
Including On-Site Leased Workers of
Shaw Maintenance, Inc., Pace, FL;
Notice of Revised Determination on
Reconsideration
By letter dated March 10, 2006, a
company official requested
administrative reconsideration
regarding the Department’s Negative
Determination Regarding Eligibility to
Apply for Worker Adjustment
Assistance, applicable to workers of the
subject firm. The Notice of Affirmative
Determination Regarding Application
for Reconsideration was issued on April
20, 2006, and was published in the
Federal Register on May 5, 2006 (71 FR
26563).
The Department’s negative
determination was based on the findings
that the subject company did not shift
production of ammonia nitrate abroad
or increase imports of ammonia nitrate
during the relevant period. A survey of
the subject company’s major declining
customers did not reveal increased
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Federal Register / Vol. 71, No. 97 / Friday, May 19, 2006 / Notices
imports of ammonia nitrate during the
relevant period.
To support the request for
reconsideration, the company official
supplied additional information
regarding increased imports of ammonia
nitrate by other major declining
customers of the subject firm.
During the reconsideration
investigation, the Department
conducted a survey of the additional
customers provided by the company
official. The survey revealed increased
reliance on imported ammonia nitrate
during the period of sales and
production declines at the subject firm.
In accordance with section 246 the
Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department herein
presents the results of its investigation
regarding certification of eligibility to
apply for alternative trade adjustment
assistance (ATAA) for older workers.
In order for the Department to issue
a certification of eligibility to apply for
ATAA, the group eligibility
requirements of section 246 of the Trade
Act, as amended, must be met. The
Department has determined in this case
that the requirements of section 246
have been met.
A significant number of workers at the
firm are age 50 or over and possess
skills that are not easily transferable.
Competitive conditions within the
industry are adverse.
Conclusion
After careful review of the additional
facts obtained on reconsideration, I
conclude that increased imports of
articles like or directly competitive with
those produced at the subject firm
contributed importantly to the sales and
production declines and to the
separation of workers at the subject
firm.
In accordance with the provisions of
the Act, I make the following
certification:
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All workers of Air Products and Chemicals,
Inc., Including On-Site Leased Workers of
Shaw Maintenance, Inc., Pace, Florida, who
became totally or partially separated from
employment on or after January 5, 2005
through two years from the date of this
certification, are eligible to apply for
adjustment assistance under section 223 of
the Trade Act of 1974, and are eligible to
apply for alternative trade adjustment
assistance under section 246 of the Trade Act
of 1974, as amended.
Signed in Washington, DC this 12th day of
May 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–7613 Filed 5–18–06; 8:45 am]
BILLING CODE 4510–30–P
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–50,129; TA–W–50,129A]
IBM Corporation Global Services
Division, Piscataway, NJ; Middletown,
NJ; Notice of Revised Determination
on Remand
On April 10, 2006, the United States
Court of International Trade (USCIT)
granted a consent motion for partial
voluntary remand in Former Employees
of IBM Corporation, Global Services
Division v. U.S. Secretary of Labor,
Court No. 03–00656.
On November 13, 2002, a petition for
Trade Adjustment Assistance (TAA)
was filed with the U.S. Department of
Labor (Department) on behalf of workers
at IBM Corporation, Global Services
Division, Piscataway, New Jersey, and
Middletown, New Jersey (the subject
firm). The petitioning workers alleged
that the subject firm was shifting
computer software production to
Canada and importing those products
from Canada. Workers are software
developers who write and test computer
software.
The Department determined that the
workers did not produce an article
within the meaning of section 222 of the
Trade Act. The Department’s
determination was issued on March 26,
2003. The Notice of determination was
published in the Federal Register on
April 7, 2003 (68 FR 16834).
On April 29, 2003, a petitioner
requested administrative
reconsideration of the Department’s
negative determination regarding
eligibility for the subject workers to
apply for TAA. The Department’s Notice
of Negative Determination Regarding
Application for Reconsideration was
issued on June 26, 2003, and published
in the Federal Register on July 15, 2003
(68 FR 41845).
On September 11, 2003, the Plaintiffs
requested review by the USCIT. On
December 9, 2005, the Department
issued its Notice of Negative
Determination on Remand, finding that
the subject workers are not engaged in
the production of an article or support
of an article. The Notice was published
in the Federal Register on December 21,
2005 (70 FR 75837).
Since the publication of the last
remand determination, the Department
has revised its policy to acknowledge
that, at least in the context of this case,
there are tangible and intangible articles
and to clarify that the production of
intangible articles can be distinguished
from the provision of services. Software
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29183
and similar intangible goods that would
have been considered articles, for the
purposes of the Trade Act, if embodied
in a physical medium will now be
considered to be articles regardless of
their method of transfer.
The Department stresses that it will
continue to implement the longstanding
precedent that firms must produce an
article to be certified under the Trade
Act. This determination is not altered by
the fact the provision of a service may
result in the incidental creation of an
article. Because the revised policy may
have implications beyond this case of
which the Department is not fully
cognizant, it will be further developed
in rulemaking.
Therefore, due to the Department’s
policy change, the Department
requested the second remand to conduct
an investigation to determine whether
the subject workers are eligible to apply
for trade adjustment assistance.
Reviewing previously-submitted
information through the lens of the
revised policy, the Department has
determined that, for purposes of the
Trade Act, the subject workers produce
an article (computer software). During
the relevant period, a significant portion
of workers was separated from the
Piscataway, New Jersey facility and
production shifted to an affiliated
facility located in Canada; a significant
portion of workers was separated from
the Middletown, New Jersey facility and
production shifted to an affiliated
facility located in Canada.
Conclusion
After careful review of the facts
generated through the second remand
investigation, I determine that a shift in
production of software like or directly
competitive to that produced at the
subject facilities to Canada contributed
to the total or partial separation of a
significant number or proportion of
workers at the subject facilities. In
accordance with the provisions of the
Act, I make the following certification:
All workers of IBM Corporation, Global
Services Division, Piscataway, New Jersey
(TA–W–50,129), and Middletown, New
Jersey (TA–W–50,129A), who became totally
or partially separated from employment on or
after November 13, 2001, through two years
from the issuance of this revised
determination, are eligible to apply for Trade
Adjustment Assistance under section 223 of
the Trade Act of 1974.
Signed at Washington, DC this 10th day of
May 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–7609 Filed 5–18–06; 8:45 am]
BILLING CODE 4510–30–P
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]]>Agencies
[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Notices]
[Pages 29182-29183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7613]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-58,583]
Air Products and Chemicals, Inc. Including On-Site Leased Workers
of Shaw Maintenance, Inc., Pace, FL; Notice of Revised Determination on
Reconsideration
By letter dated March 10, 2006, a company official requested
administrative reconsideration regarding the Department's Negative
Determination Regarding Eligibility to Apply for Worker Adjustment
Assistance, applicable to workers of the subject firm. The Notice of
Affirmative Determination Regarding Application for Reconsideration was
issued on April 20, 2006, and was published in the Federal Register on
May 5, 2006 (71 FR 26563).
The Department's negative determination was based on the findings
that the subject company did not shift production of ammonia nitrate
abroad or increase imports of ammonia nitrate during the relevant
period. A survey of the subject company's major declining customers did
not reveal increased
[[Page 29183]]
imports of ammonia nitrate during the relevant period.
To support the request for reconsideration, the company official
supplied additional information regarding increased imports of ammonia
nitrate by other major declining customers of the subject firm.
During the reconsideration investigation, the Department conducted
a survey of the additional customers provided by the company official.
The survey revealed increased reliance on imported ammonia nitrate
during the period of sales and production declines at the subject firm.
In accordance with section 246 the Trade Act of 1974 (26 U.S.C.
2813), as amended, the Department herein presents the results of its
investigation regarding certification of eligibility to apply for
alternative trade adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of eligibility
to apply for ATAA, the group eligibility requirements of section 246 of
the Trade Act, as amended, must be met. The Department has determined
in this case that the requirements of section 246 have been met.
A significant number of workers at the firm are age 50 or over and
possess skills that are not easily transferable. Competitive conditions
within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles like or
directly competitive with those produced at the subject firm
contributed importantly to the sales and production declines and to the
separation of workers at the subject firm.
In accordance with the provisions of the Act, I make the following
certification:
All workers of Air Products and Chemicals, Inc., Including On-Site
Leased Workers of Shaw Maintenance, Inc., Pace, Florida, who became
totally or partially separated from employment on or after January
5, 2005 through two years from the date of this certification, are
eligible to apply for adjustment assistance under section 223 of the
Trade Act of 1974, and are eligible to apply for alternative trade
adjustment assistance under section 246 of the Trade Act of 1974, as
amended.
Signed in Washington, DC this 12th day of May 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-7613 Filed 5-18-06; 8:45 am]
BILLING CODE 4510-30-P
