Airfoil Technologies International-Ohio; A Subsidiary Of Airfoil Technologies International, LLC; Mentor, OH; Notice of Revised Determination on Reconsideration, 60759-60760 [E6-17117]
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jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices
which group health plans and their
health insurance issuers can restrict
health coverage based on preexisting
conditions for individuals that were
previously covered by health coverage.
The provisions limit all preexisting
condition exclusion periods to twelve
months, or eighteen months for certain
individuals who enroll in the plan after
their initial opportunity to enroll.
Further, the twelve- or eighteen-month
exclusion period must be reduced by
the length of an individual’s prior
continuous health coverage, as reflected
in certificates or demonstrated through
other means. ‘‘Continuous health
coverage’’ means coverage that did not
have any significant breaks in coverage.
A significant break in coverage, for this
purpose, is defined as a period of 63
days or more. Following a significant
break in coverage, prior health coverage
is no longer ‘‘creditable,’’ that is,
entitled to be taken as a credit to reduce
a plan’s preexisting condition exclusion
period.
Section 701(e) of ERISA requires
group health plans and health insurance
issuers to provide certificates of an
individual’s prior health coverage on
termination of coverage, at the time an
individual would lose coverage in the
absence of continuation coverage
(‘‘COBRA’’), and when an individual
loses coverage after COBRA coverage
ceases. Certificates must also be
provided on request and may be
requested at any time while an
individual is covered by the plan and
for 24 months after coverage ceases.
(Certificates must also be provided by
other entities that provide creditable
coverage, like Medicare and Medicaid.)
The certificate must show the number of
days of creditable coverage earned by
the individual and also include an
educational statement describing the
Part 7 rights. The regulations provide
model language for the educational
statement. In addition, the regulations
require a group health plan to establish
written procedures governing the
process for requesting a certificate.
The individual who receives a
certificate may present it to his or her
new group health plan in order to
receive credit for prior health coverage
under the new plan. The certificate
provides assurance to the individual’s
new group health plan or its health
insurance issuer that the individual had
health coverage for a certain number of
days that should be credited toward
reducing any preexisting condition
exclusion periods under the new health
plan.
Because participants may be required
to demonstrate creditable coverage and
the status of their dependents in some
VerDate Aug<31>2005
16:53 Oct 13, 2006
Jkt 211001
circumstances in order to assert rights
under Part 7, the regulations provide the
following protections:
(a) If an individual is required to
demonstrate dependent status, the plan
or issuer is required to treat the
individual as having furnished a
certificate showing the dependent status
if the individual attests to such
dependency and the period of such
status, and the individual cooperates
with the plan’s or issuer’s efforts to
verify the dependent status. (See 29 CFR
2590.701–5(a)(5)(ii).)
(b) A plan is required treat an
individual as having furnished a
certificate if the individual attests to the
period of creditable coverage, presents
relevant corroborating evidence, and
cooperates with the plan’s efforts to
verify the individual’s coverage. (See 29
CFR 2590.701–5(c).)
This ICR also covers an information
collection requirement imposed under
the regulations in connection with the
alternative method of crediting coverage
established by the regulations. The
regulations permit a plan to adopt, as its
method of crediting prior health
coverage, provisions that impose
different preexisting condition
exclusion periods with respect to
different categories of benefits,
depending on prior coverage in that
category. In such a case, the regulations
require former plans to provide
additional information upon request to
new plans in order to establish an
individual’s length of prior creditable
coverage within that category of
benefits.
This information collection
implements statutorily prescribed
requirements necessary to permit
individuals to establish prior creditable
health coverage and to enable group
health plans and issuers to verify
creditable coverage. Group health plans
and the plans’ health insurance issuers
are required to issue certificates as proof
of prior creditable health coverage.
These certificates assist individuals in
retaining prior health coverage upon
changes in employment or in other
circumstances when coverage end and
enable plans. A model certificate, which
includes a model educational statement
(‘‘Statement of HIPAA Rights’’), appears
in the Final Regulations. The model
certificate contains the minimum
information required for such a
certification. The information is used by
participants in group health plans and
by group health plans and health
coverage issuers to establish an
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60759
individual’s rights to group health
coverage under Part 7.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E6–17123 Filed 10–13–06; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–59,820]
Airfoil Technologies International—
Ohio; A Subsidiary Of Airfoil
Technologies International, LLC;
Mentor, OH; Notice of Revised
Determination on Reconsideration
By letter dated August 25, 2006, the
United Steel Workers, Local 1–826 (the
Union), requested administrative
reconsideration regarding the
Department’s Negative Determination
Regarding Eligibility to Apply for
Worker Adjustment Assistance,
applicable to the workers of the subject
firm. The determination for Airfoil
Technologies International—Ohio, A
Subsidiary of Airfoil Technologies
International, LLC, Mentor, Ohio was
issued on August 7, 2006. The Notice of
determination was published in the
Federal Register on August 28, 2006 (71
FR 50947). The denial was issued based
on the Department’s finding that the
subject workers do not produce an
article as required by the Trade Act of
1974. Workers are engaged in the
remanufacturing of jet engine
components as a service to commercial
airlines, original equipment
manufacturers and the military.
In the request for reconsideration, the
Union alleges that the subject workers
are engaged in the production of an
article and that production shifted from
the subject facility to an affiliated
facility in Singapore.
During the reconsideration
investigation, the subject company
provided new information that the
subject workers do not service jet engine
components only; rather, the subject
workers repair and remanufacture fan
blades. The new information also
revealed that a meaningful portion of
the fan blades are produced for sale
rather than repair. Workers who repair
fan blades are not separately identifiable
from workers who remanufacture fan
blades.
The subject company also confirmed
that the subject facility began closure
procedures in 2006 and that fan blade
production is shifting to an affiliated
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60760
Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices
facility in Singapore (the production
shift will be completed in early 2007).
In accordance with section 246 the
Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department of Labor
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 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 facts
obtained in the reconsideration
investigation, I conclude that there was
a shift in production from the workers
firm or subdivision to Singapore of
articles that are like or directly
competitive with those produced by the
subject firm or appropriate subdivision.
In accordance with the provisions of the
Act, I make the following certification:
All workers of Airfoil Technologies
International—Ohio, A Subsidiary of Airfoil
Technologies International, LLC, Mentor,
Ohio who became totally or partially
separated from employment on or after July
21, 2005 through two years from the date of
certification are eligible to apply for
adjustment assistance under section 223 of
the Trade Act of 1974 and are also eligible
to apply for alternative trade adjustment
assistance under section 246 of the Trade Act
of 1974.
Signed in Washington, DC, this 10th day of
October 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–17117 Filed 10–13–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Investigations Regarding Certifications
of Eligibility To Apply for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance
Petitions have been filed with the
Secretary of Labor under section 221 (a)
of the Trade Act of 1974 (‘‘the Act’’) and
are identified in the Appendix to this
notice. Upon receipt of these petitions,
the Director of the Division of Trade
Adjustment Assistance, Employment
and Training Administration, has
instituted investigations pursuant to
section 221 (a) of the Act.
The purpose of each of the
investigations is to determine whether
the workers are eligible to apply for
adjustment assistance under Title II,
Chapter 2, of the Act. The investigations
will further relate, as appropriate, to the
determination of the date on which total
or partial separations began or
threatened to begin and the subdivision
of the firm involved.
The petitioners or any other persons
showing a substantial interest in the
subject matter of the investigations may
request a public hearing provided such
request is filed in writing with the
Director, Division of Trade Adjustment
Assistance, at the address shown below,
not later than October 26, 2006.
Interested persons are invited to
submit written comments regarding the
subject matter of the investigations to
the Director, Division of Trade
Adjustment Assistance, at the address
shown below, not later than October 26,
2006.
The petitions filed in this case are
available for inspection at the Office of
the Director, Division of Trade
Adjustment Assistance, Employment
and Training Administration, U.S.
Department of Labor, Room C–5311, 200
Constitution Avenue, NW., Washington,
DC 20210.
Signed at Washington, DC, this 3rd day of
October, 2006.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
APPENDIX [TAA PETITIONS INSTITUTED BETWEEN 9/25/06 AND 9/29/06]
Subject firm
(petitioners)
Location
AJS Controls, Inc. (Comp) ...................................................................
New United Motor Manufacturing, Inc. (NUMMI) (State) ....................
Mansfield Plumbing Products (Wkrs) ..................................................
Rosboro (Union) ...................................................................................
Alatech Healthcare, LLC (Comp) .........................................................
Rothtec Engraving Corp. (Wkrs) ..........................................................
Owens-Illinois (Union) ..........................................................................
Mudd Jeans, LLC (Wkrs) .....................................................................
Quaker Fabric Corporation of Fall River (State) .................................
Pechiney Plastic Packaging, Inc. (Comp) ...........................................
TAP Holdings, LLC (Comp) .................................................................
ESCO Company, Limited Partnership (Comp) ....................................
PPG Industries (Wkrs) .........................................................................
Bloomsburg Mills (Comp) ....................................................................
Ethan Allen Operations, Inc. (Comp) ...................................................
Schutt Sports (Wkrs) ............................................................................
Jabil (Comp) .........................................................................................
Superior Lumber Company (Wkrs) ......................................................
Monadnock Specialty Coatings, LLC (Comp) .....................................
Bloch Washington (Comp) ...................................................................
Celestica (Comp) .................................................................................
CEP Products (Comp) .........................................................................
Aimsworth Engineered (State) .............................................................
Saint-Gobain Containers (Wkrs) ..........................................................
Lucas Ford Lincoln Mercury, Inc (State) .............................................
Technicolor Video Cassette of Michigan (Wkrs) .................................
Thermo Electron RMSI (Comp) ...........................................................
Sidney, NY ..................
Fremont, CA ................
Perrysville, OH ............
Springfield, OR ............
Slocomb, AL ................
Charlotte, NC ..............
Godfrey, IL ..................
New York, NY .............
Fall River, MA .............
San Leandro, CA ........
Los Angeles, CA .........
Muskegon, MI .............
Lexington, NC .............
New York, NY .............
Atoka, OK ....................
Salem, IL .....................
Auburn Hills, MI ...........
Glendale, OR ..............
Binghamton, NY ..........
Seattle, WA .................
Westminster, CO .........
Lapeer, MI ...................
Grand Rapids, MN ......
El Monte, CA ...............
Southold, NY ...............
Livonia, MI ...................
Santa Fe, NM ..............
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Date of
institution
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Date of
petition
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09/27/06
Agencies
[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Pages 60759-60760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17117]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-59,820]
Airfoil Technologies International--Ohio; A Subsidiary Of Airfoil
Technologies International, LLC; Mentor, OH; Notice of Revised
Determination on Reconsideration
By letter dated August 25, 2006, the United Steel Workers, Local 1-
826 (the Union), requested administrative reconsideration regarding the
Department's Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance, applicable to the workers of the subject
firm. The determination for Airfoil Technologies International--Ohio, A
Subsidiary of Airfoil Technologies International, LLC, Mentor, Ohio was
issued on August 7, 2006. The Notice of determination was published in
the Federal Register on August 28, 2006 (71 FR 50947). The denial was
issued based on the Department's finding that the subject workers do
not produce an article as required by the Trade Act of 1974. Workers
are engaged in the remanufacturing of jet engine components as a
service to commercial airlines, original equipment manufacturers and
the military.
In the request for reconsideration, the Union alleges that the
subject workers are engaged in the production of an article and that
production shifted from the subject facility to an affiliated facility
in Singapore.
During the reconsideration investigation, the subject company
provided new information that the subject workers do not service jet
engine components only; rather, the subject workers repair and
remanufacture fan blades. The new information also revealed that a
meaningful portion of the fan blades are produced for sale rather than
repair. Workers who repair fan blades are not separately identifiable
from workers who remanufacture fan blades.
The subject company also confirmed that the subject facility began
closure procedures in 2006 and that fan blade production is shifting to
an affiliated
[[Page 60760]]
facility in Singapore (the production shift will be completed in early
2007).
In accordance with section 246 the Trade Act of 1974 (26 U.S.C.
2813), as amended, the Department of Labor 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 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 facts obtained in the reconsideration
investigation, I conclude that there was a shift in production from the
workers firm or subdivision to Singapore of articles that are like or
directly competitive with those produced by the subject firm or
appropriate subdivision. In accordance with the provisions of the Act,
I make the following certification:
All workers of Airfoil Technologies International--Ohio, A
Subsidiary of Airfoil Technologies International, LLC, Mentor, Ohio
who became totally or partially separated from employment on or
after July 21, 2005 through two years from the date of certification
are eligible to apply for adjustment assistance under section 223 of
the Trade Act of 1974 and are also eligible to apply for alternative
trade adjustment assistance under section 246 of the Trade Act of
1974.
Signed in Washington, DC, this 10th day of October 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-17117 Filed 10-13-06; 8:45 am]
BILLING CODE 4510-30-P