Hercules Incorporation, Aqualon Division, Parlin, NJ; Notice of Termination of Investigation, 75275-75277 [E6-21252]
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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Notices
trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed at Washington, DC this 1st day of
December, 2006.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–21254 Filed 12–13–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–57,446]
rwilkins on PROD1PC63 with NOTICES
Hercules Incorporation, Aqualon
Division, Parlin, NJ; Notice of
Termination of Investigation
On August 23, 2006, the U.S. Court of
International Trade (USCIT) granted the
Department of Labor’s consent motion
for voluntary remand in Former
Employees of Hercules Incorporation v.
United States, Court No. 05–00602.
On June 24, 2005, a duly authorized
representative for the State of New
Jersey filed a petition for Trade
Adjustment Assistance (TAA) and
Alternative Trade Adjustment
Assistance (ATAA) on behalf of workers
and former workers of Hercules, Parlin,
New Jersey (subject facility) producing
nitrocellulose (subject worker group).
AR 1.
Following an investigation, the
Department of Labor (Department)
issued a negative determination
regarding the subject worker group’s
eligibility to apply for TAA and ATAA
on July 20, 2005. AR 24. The
Department’s Notice of determination
was published in the Federal Register
on August 26, 2005 (70 FR 50411).
AR 31.
During the investigation, the
Department found that the subject
facility produces not nitrocellulose but
natrosol and that Hercules, Inc. (subject
firm) did not separate or threaten to
separate a significant number or
proportion of workers as required by the
Trade Act of 1974. AR 24.
In a letter dated August 11, 2005, a
representative of the International
Union of Operating Engineers, Local 68,
(Union) requested administrative
reconsideration by the Department. The
Union stated that they represent ‘‘7
Power plant employees’’ and alleged
that the ‘‘Power House’’ workers
produce steam used in the production of
natrosol and nitrocellulose. The Union
inferred that the subject workers are
eligible to apply for TAA as workers of
a secondarily-affected company,
asserting that the Power House supplied
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a component part to Green Tree
Chemical Technologies (Green Tree),
which was TAA-certified on January 16,
2004 (TA–W–53,831), and that the
workers’ separations occurred because
‘‘Green Tree ceased production of
Nitrocellulose in November of 2003.’’
The Union also stated that ‘‘if it wasn’t
for the Nitrocellulose business going out
of business, the larger power house
would have been left and employees
would all stay working.’’ The subject
firm’s new power house ‘‘would only
require 5 of the 12 people already
employed.’’ AR 32, 33.
The Department issued a Notice of
Affirmative Determination Regarding
Application for Reconsideration on
August 19, 2005. AR 36. The
Department’s Notice was published in
the Federal Register on September 1,
2005 (70 FR 52131). AR 44.
Following the reconsideration
investigation, the Department issued a
Notice of Negative Determination on
Reconsideration on September 13, 2005.
AR 42. The Department’s Notice of
Determination on Reconsideration was
published in the Federal Register on
September 28, 2005 (70 FR 56741). SAR
1. In the reconsideration investigation,
the Department found that steam
produced by the Power House was used
in the production of natrosol and sold
to a TAA-certified company. The
Department also found that the sale of
steam to the TAA-certified company
ceased in 2003, prior to the relevant
period. As such, the subject workers
were not certified for TAA. AR 42.
In a letter dated November 1, 2005 to
the USCIT, the Union requested judicial
review, stating that ‘‘all Hercules
employees prior to 6/2000 and all of
Green Tree employees which lost there
(sic) jobs had gotten the TAA benefits.’’
SAR 2. In response to the complaint, the
Department filed an administrative
record.
In a July 27, 2006 letter to U.S.
Department of Justice (Justice) counsel,
Plaintiff’s counsel provided Justice with
a copy of an order of the Superior Court
of New Jersey, Middlesex County, filed
November 21, 2003. SAR 5–12.
Plaintiff’s counsel asserts that the
Department’s conclusions are
inconsistent with facts reflected in the
AR and the Superior Court of New
Jersey order, and that the Department’s
secondarily-affected analysis was
inappropriate. SAR 6.
Because the Department was
previously unaware of the Superior
Court of New Jersey order and is
obligated to issue its determinations
based on a thorough analysis for all
available and facts, the Department
requested voluntary remand.
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75275
Nitrocellulose is a highly-flammable
chemical compound powder that is
formed from nitric acid and cellulose.
Common uses for nitrocellulose are
gunpowder and magician’s ‘‘flash
paper’’ (sheets of paper than burn
almost instantly with a bright flash and
leave no ash). Because of its
applications, it is also commonly known
as guncotton. Unless the nitrocellulose
is wet, it will self-explode. SAR 26–32.
Due to the volatile nature of the
chemical compound, steam is an
important part of the nitrocellulose
production process. Steam is used to
keep nitrocellulose wet, thus stable.
Steam is not a component part of
nitrocellulose but is used in the
production process. For example, heat is
used to bake cookies but is not a
component part of the cookie, and the
workers who create the heat are
considered to be engaged in the
production of cookies. Likewise, steam
is used to produce nitrocellulose but is
not considered a component part of
nitrocellulose, and the workers who
create steam are considered to be
engaged in the production of
nitrocellulose. Steam is generated from
a power house.
For purposes of the Trade Act, the
relevant period is from one year prior to
the petition date (June 24, 2005) through
the date the initial determination was
issued (July 20, 2005). Therefore, the
relevant period is June 24, 2004 through
July 20, 2005. While events and facts
that fall outside the relevant period may
not be used as a basis for TAA
certification, they may be used to
provide context for the remand
investigation.
During the remand investigation, the
Department spoke to the former owner
of Green Tree, SAR 33, and Hercules
company officials. SAR 14, 34, 35. The
purposes of the conversations are to
gather information in order to determine
the subject workers’ eligibility to apply
for TAA and to reconcile factual
discrepancies.
According to the former owner of
Green Tree, Green Tree purchased from
Hercules the nitrocellulose line at the
Parlin, New Jersey location. Under the
agreement, Green Tree would rent the
land from Hercules and purchase the
buildings (including the Power House),
machines, and equipment from
Hercules. The former owner also stated
that that nitrocellulose production
ceased at Green Tree in November 2003
but some workers stayed on-site during
the plant closure (including cleaning,
fire safety, and power house staff). The
company official also explained that
that steam was produced throughout the
shut-down process because it was
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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Notices
needed to keep the nitrocellulose stable.
SAR 33.
The Hercules counsel confirmed the
facts surrounding the Superior Court of
New Jersey, November 21, 2003, order,
SAR 14, and provided the Department
with a copy of a Superior Court of New
Jersey, July 2, 2004, order. SAR 19. A
brief history of the subject facility
follows.
In June 2000, Hercules leased a parcel
of land to Green Tree and sold the
nitrocellulose production line, which
sat on the parcel of leased land, to Green
Tree. Under the agreement, Green Tree
would take ownership of the Power
House, which also sat on the leased
land, and supply Hercules with steam
for Hercules’ natrosol production,
which sat on a lot adjacent to the leased
parcel of land. SAR 14.
In 2003, when Green Tree went out of
business, Hercules was granted
permission by the Superior Court of
New Jersey to operate the subject facility
as part of an effort to properly close it
down. Such measures were required
since Green Tree was unable to shut
down the facility in a manner that was
in compliance with New Jersey
regulations. SAR 16–21.
Once Hercules obtained permission
by the Superior Court of New Jersey to
do so, it began the first phase of the shut
down: removing the hazardous
materials off-site, per New Jersey
regulations. This process began in
November 2003 and was completed on
July 14, 2005. During that process,
steam was required to keep the
nitrocellulose stable, and the Power
House was in operation to generate the
required steam. When the hazardous
material removal process was
completed, Hercules terminated
nonessential Green Tree employees, per
the Superior Court of New Jersey orders.
SAR 34.
Hercules is currently in the second
phase of the shut down: demolishing
the buildings and disposing of the
debris. There is no projected completion
date for this phase since disposal of the
debris is a dangerous and tedious
process. Because of its nature,
nitrocellulose permeates the buildings
and equipment. Each piece of material
and equipment must be wiped clean of
nitrocellulose particles and the
nitrocellulose disposed of, per New
Jersey regulations. SAR 34.
When asked about the Green Tree
Power House, the Hercules’ counsel
stated that Hercules’ decision to
construct a modern and efficient power
house of its own was made prior to
Green Tree’s bankruptcy in 2003 and
was based on the advanced age and poor
condition of the Green Tree Power
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17:54 Dec 13, 2006
Jkt 211000
House. SAR 14. Construction of
Hercules’ power house began in April
2005 and was completed in July 2005.
SAR 35. After a trial run, the Hercules
power house was deemed fully
operational in August 2005. SAR 34, 35.
When the Hercules power House began
producing steam for its natrosol
production, the Green Tree Power
House was permanently shut down.
SAR 34, 35. Because the Hercules power
house is smaller and more efficient than
the Green Tree Power House, only five
of the twelve Green Tree Power House
workers were offered employment with
Hercules. SAR 34.
There are two allegations in the
Plaintiff’s complaint: 1) the subject
workers are Hercules employees (‘‘In
July of 2004 Hercules made the Power
House employees Hercules employees’’)
and 2) increased imports of
nitrocellulose caused the workers’
separations (‘‘if Nitrocellulose business
didn’t deteriorate over the years due to
foreign competition repairs would have
been made to the older powerhouse, and
both the nitrocellulose plant and the
powerhouse would still be running.’’)
SAR 2.
The first issue is whether the subject
workers are Green Tree employees or
Hercules employees.
The Plaintiff stated in the complaint
that ‘‘In July of 2004 Hercules made the
Power House employees Hercules
employees.’’ SAR 2. Plaintiff’s counsel’s
letter suggests that the subject workers
are Hercules employees (‘‘Thus, from
November 21, 2003 until the time at
which it was shut down, the power
house in question was still being
operated in the name of and authority
of Green Tree and not Hercules. The
administrative record does not appear to
provide any indication of when (if ever)
the power house thereafter was operated
by Hercules acting as Hercules.’’) SAR 6.
According to a Hercules company
official located on-site, the steam
requirement for natrosol is one-third of
the steam requirement of nitrocellulose.
SAR 35. Therefore, when nitrocellulose
removal was completed on July 14,
2005, steam production and
employment levels at the Green Tree
Power House was reduced accordingly.
After those separations occurred, the
remaining Green Tree workers
continued to operate the Power House
until the Hercules power house was able
to produce its own steam in August
2005. When the Green Tree Power
House was permanently shut down in
August 2005, the remaining Power
House workers were separated from
employment with Green Tree and
offered positions with Hercules to
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operate the Hercules power house. SAR
34, 35.
Hercules’ decision to operate the
Green Tree Power House after the
conclusion of the nitrocellulose removal
as cannot be construed as a constructive
conversion of Green Tree employees
into Hercules employees. The July 2,
2004 Superior Court of New Jersey order
stated that ‘‘this authorization shall not
relieve Green Tree of any obligations it
may have, including that under any
permit.’’ SAR 19. The June 2000
agreement between Hercules and Green
Tree obligated Green Tree to provide
Hercules steam for its natrosol
production. SAR 14, 34.
Because Green Tree’s legal obligation
to provide steam to Hercules was not
voided, SAR 16, 20, the operation of the
Green Tree Power House to supply
steam for Hercules’ natrosol production
is not ‘‘Hercules acting as Hercules,’’
SAR 6, but Hercules acting in Green
Tree’s name to maintain the operations
of the Power House, as provided by the
Superior Court of New Jersey July 2,
2004 order. SAR 19.
The July 2, 2004 order reinforces the
‘‘Green Tree-as-principle/Hercules-asagent’’ relationship and identifies the
workers at the Power Plant as Green
Tree employees. As such, the
Department determines that the subject
workers are not employees of Hercules,
Inc., Parlin, New Jersey but employees
of Green Tree Chemical Technologies,
Parlin, New Jersey.
Because the Department has
determined that the subject workers are
in fact employees of Green Tree engaged
in the production of nitrcellolose, the
subject workers are covered by a TAA/
ATAA certification which was in effect
at the time of the petition (Green Tree
Chemical Technologies, Parlin, New
Jersey; TA–W–53,831; issued January
16, 2004; expired January 16, 2006).
The second issue is whether increased
imports of nitrocellulose caused the
workers’ separations. Because the
workers are certified under Green Tree
Chemical Technologies, Parlin, New
Jersey (TA–W–53,831), it is apparent
that the answer is in the affirmative.
Since the subject workers are covered
by TA–W–53,831, further investigation
in this case would serve no purpose and
the investigation has been terminated.
Recognizing that there has been a
significant delay between the workers’
separations and their notification of
certification under TA–W–53,831, the
Department is providing guidance to the
appropriate State agencies to enable the
subject workers to apply for worker
adjustment assistance.
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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Notices
Conclusion
DEPARTMENT OF LABOR
After careful review of the findings of
the remand investigation, I am
terminating the investigation of the
petition for worker adjustment
assistance filed on behalf of workers and
former workers of Hercules
Incorporation, Aqualon Division, Parlin,
New Jersey.
Employment and Training
Administration
Signed at Washington, DC this 6th day of
December 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–21252 Filed 12–13–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–60,442]
Northern Hardwoods, South Range, MI;
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on November
15, 2006 in response to a petition filed
by a company official on behalf of
Jennifer Niemela of Northern
Hardwoods, South Ridge, Michigan.
The company official explained that
the worker is engaged in stamping wood
components within the Dimension Plant
of Northern Hardwoods, a subsidiary of
Hardwood Lumber Manufacturing
Incorporated, South Ridge, Michigan.
All workers of the Dimension Plant are
covered by a certification of eligibility to
apply for worker adjustment assistance
and alternative trade adjustment
assistance under petition number TA–
W–57,091, that does not expire until
June 8, 2007.
Consequently, further investigation in
this case would serve no purpose and
the investigation under this petition has
been terminated.
rwilkins on PROD1PC63 with NOTICES
Signed at Washington, DC, this 7th day of
December 2006.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–21257 Filed 12–13–06; 8:45 am]
17:54 Dec 13, 2006
Roseburg Forest Products, Coquille,
OR; Notice of Termination of
Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on November
20, 2006 in response to a petition filed
jointly by the Carpenters and Joiners of
America Local 2784 and a company
official on behalf of workers of Roseburg
Forest Products, Coquille, Oregon.
The petitioners have requested that
the petition be withdrawn.
Consequently, the investigation has
been terminated.
December 5, 2006.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–21258 Filed 12–13–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–60,161]
Wright and Lato, Inc., East Orange, NJ;
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on
September 28, 2006 in response to a
petition filed by a Company Official on
behalf of workers at Wright and Lato,
Inc., East Orange, New Jersey.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Dated: December 5, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–21253 Filed 12–13–06; 8:45 am]
BILLING CODE 4510–30–P
LEGAL SERVICES CORPORATION
Sunshine Act Meeting of the Board of
Directors
The Board of Directors
of the Legal Services Corporation will
meet on December 18, 2006 via
conference call. The meeting will begin
at 2 p.m., and continue until conclusion
of the Board’s agenda.
TIME AND DATE:
BILLING CODE 4510–30–P
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LOCATION: 3333 K Street, NW.,
Washington, DC 20007, 3rd Floor
Conference Room.
STATUS OF MEETING: Open. Directors will
participate by telephone conference in
such a manner as to enable interested
members of the public to hear and
identify all persons participating in the
meeting. Members of the public wishing
to observe the meeting may do so by
joining participating staff at the location
indicated above. Members of the public
wishing to listen to the meeting by
telephone may obtain call-in
information by calling LSC’s FOIA
Information line at (202) 295–1629.
MATTERS TO BE CONSIDERED:
1. Approval of the agenda.
2. Consider and act on delegation to
the Chairman of the Board authority to
negotiate a two-year extension of
Helaine M. Barnett’s term of
employment as President of the Legal
Services Corporation.
3. Consider and act on other business.
4. Public comment.
CONTACT PERSON FOR INFORMATION:
Patricia Batie, Manager of Board
Operations, at (202) 295–1500.
Special Needs: Upon request, meeting
notices will be made available in
alternate formats to accommodate visual
and hearing impairments. Individuals
who have a disability and need an
accommodation to attend the meeting
may notify Patricia Batie at (202) 295–
1500.
Dated: December 11, 2006.
Victor M. Fortuno,
Vice President for Legal Affairs, General
Counsel & Corporate Secretary.
[FR Doc. 06–9714 Filed 12–11–06; 4:09 pm]
BILLING CODE 7050–01–P
MERIT SYSTEMS PROTECTION
BOARD
Agency Information Collection
Activities; Proposed Collection
AGENCY:
Merit Systems Protection
Board.
ACTION:
Notice.
SUMMARY: In compliance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), this notice announces that
the Merit Systems Protection Board
(MSPB or the Board) is forwarding the
following proposed information
collection to the Office of Management
and Budget (OMB) for approval: MSPB
Form 185, a revised paper Appeal Form;
and e-Appeal, an electronic application
for filing an appeal with the Board.
DATES: Please submit comments on or
before January 26, 2007.
E:\FR\FM\14DEN1.SGM
14DEN1
]]>Agencies
[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Notices]
[Pages 75275-75277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21252]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-57,446]
Hercules Incorporation, Aqualon Division, Parlin, NJ; Notice of
Termination of Investigation
On August 23, 2006, the U.S. Court of International Trade (USCIT)
granted the Department of Labor's consent motion for voluntary remand
in Former Employees of Hercules Incorporation v. United States, Court
No. 05-00602.
On June 24, 2005, a duly authorized representative for the State of
New Jersey filed a petition for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA) on behalf of workers and
former workers of Hercules, Parlin, New Jersey (subject facility)
producing nitrocellulose (subject worker group). AR 1.
Following an investigation, the Department of Labor (Department)
issued a negative determination regarding the subject worker group's
eligibility to apply for TAA and ATAA on July 20, 2005. AR 24. The
Department's Notice of determination was published in the Federal
Register on August 26, 2005 (70 FR 50411). AR 31.
During the investigation, the Department found that the subject
facility produces not nitrocellulose but natrosol and that Hercules,
Inc. (subject firm) did not separate or threaten to separate a
significant number or proportion of workers as required by the Trade
Act of 1974. AR 24.
In a letter dated August 11, 2005, a representative of the
International Union of Operating Engineers, Local 68, (Union) requested
administrative reconsideration by the Department. The Union stated that
they represent ``7 Power plant employees'' and alleged that the ``Power
House'' workers produce steam used in the production of natrosol and
nitrocellulose. The Union inferred that the subject workers are
eligible to apply for TAA as workers of a secondarily-affected company,
asserting that the Power House supplied a component part to Green Tree
Chemical Technologies (Green Tree), which was TAA-certified on January
16, 2004 (TA-W-53,831), and that the workers' separations occurred
because ``Green Tree ceased production of Nitrocellulose in November of
2003.'' The Union also stated that ``if it wasn't for the
Nitrocellulose business going out of business, the larger power house
would have been left and employees would all stay working.'' The
subject firm's new power house ``would only require 5 of the 12 people
already employed.'' AR 32, 33.
The Department issued a Notice of Affirmative Determination
Regarding Application for Reconsideration on August 19, 2005. AR 36.
The Department's Notice was published in the Federal Register on
September 1, 2005 (70 FR 52131). AR 44.
Following the reconsideration investigation, the Department issued
a Notice of Negative Determination on Reconsideration on September 13,
2005. AR 42. The Department's Notice of Determination on
Reconsideration was published in the Federal Register on September 28,
2005 (70 FR 56741). SAR 1. In the reconsideration investigation, the
Department found that steam produced by the Power House was used in the
production of natrosol and sold to a TAA-certified company. The
Department also found that the sale of steam to the TAA-certified
company ceased in 2003, prior to the relevant period. As such, the
subject workers were not certified for TAA. AR 42.
In a letter dated November 1, 2005 to the USCIT, the Union
requested judicial review, stating that ``all Hercules employees prior
to 6/2000 and all of Green Tree employees which lost there (sic) jobs
had gotten the TAA benefits.'' SAR 2. In response to the complaint, the
Department filed an administrative record.
In a July 27, 2006 letter to U.S. Department of Justice (Justice)
counsel, Plaintiff's counsel provided Justice with a copy of an order
of the Superior Court of New Jersey, Middlesex County, filed November
21, 2003. SAR 5-12. Plaintiff's counsel asserts that the Department's
conclusions are inconsistent with facts reflected in the AR and the
Superior Court of New Jersey order, and that the Department's
secondarily-affected analysis was inappropriate. SAR 6.
Because the Department was previously unaware of the Superior Court
of New Jersey order and is obligated to issue its determinations based
on a thorough analysis for all available and facts, the Department
requested voluntary remand.
Nitrocellulose is a highly-flammable chemical compound powder that
is formed from nitric acid and cellulose. Common uses for
nitrocellulose are gunpowder and magician's ``flash paper'' (sheets of
paper than burn almost instantly with a bright flash and leave no ash).
Because of its applications, it is also commonly known as guncotton.
Unless the nitrocellulose is wet, it will self-explode. SAR 26-32.
Due to the volatile nature of the chemical compound, steam is an
important part of the nitrocellulose production process. Steam is used
to keep nitrocellulose wet, thus stable. Steam is not a component part
of nitrocellulose but is used in the production process. For example,
heat is used to bake cookies but is not a component part of the cookie,
and the workers who create the heat are considered to be engaged in the
production of cookies. Likewise, steam is used to produce
nitrocellulose but is not considered a component part of
nitrocellulose, and the workers who create steam are considered to be
engaged in the production of nitrocellulose. Steam is generated from a
power house.
For purposes of the Trade Act, the relevant period is from one year
prior to the petition date (June 24, 2005) through the date the initial
determination was issued (July 20, 2005). Therefore, the relevant
period is June 24, 2004 through July 20, 2005. While events and facts
that fall outside the relevant period may not be used as a basis for
TAA certification, they may be used to provide context for the remand
investigation.
During the remand investigation, the Department spoke to the former
owner of Green Tree, SAR 33, and Hercules company officials. SAR 14,
34, 35. The purposes of the conversations are to gather information in
order to determine the subject workers' eligibility to apply for TAA
and to reconcile factual discrepancies.
According to the former owner of Green Tree, Green Tree purchased
from Hercules the nitrocellulose line at the Parlin, New Jersey
location. Under the agreement, Green Tree would rent the land from
Hercules and purchase the buildings (including the Power House),
machines, and equipment from Hercules. The former owner also stated
that that nitrocellulose production ceased at Green Tree in November
2003 but some workers stayed on-site during the plant closure
(including cleaning, fire safety, and power house staff). The company
official also explained that that steam was produced throughout the
shut-down process because it was
[[Page 75276]]
needed to keep the nitrocellulose stable. SAR 33.
The Hercules counsel confirmed the facts surrounding the Superior
Court of New Jersey, November 21, 2003, order, SAR 14, and provided the
Department with a copy of a Superior Court of New Jersey, July 2, 2004,
order. SAR 19. A brief history of the subject facility follows.
In June 2000, Hercules leased a parcel of land to Green Tree and
sold the nitrocellulose production line, which sat on the parcel of
leased land, to Green Tree. Under the agreement, Green Tree would take
ownership of the Power House, which also sat on the leased land, and
supply Hercules with steam for Hercules' natrosol production, which sat
on a lot adjacent to the leased parcel of land. SAR 14.
In 2003, when Green Tree went out of business, Hercules was granted
permission by the Superior Court of New Jersey to operate the subject
facility as part of an effort to properly close it down. Such measures
were required since Green Tree was unable to shut down the facility in
a manner that was in compliance with New Jersey regulations. SAR 16-21.
Once Hercules obtained permission by the Superior Court of New
Jersey to do so, it began the first phase of the shut down: removing
the hazardous materials off-site, per New Jersey regulations. This
process began in November 2003 and was completed on July 14, 2005.
During that process, steam was required to keep the nitrocellulose
stable, and the Power House was in operation to generate the required
steam. When the hazardous material removal process was completed,
Hercules terminated nonessential Green Tree employees, per the Superior
Court of New Jersey orders. SAR 34.
Hercules is currently in the second phase of the shut down:
demolishing the buildings and disposing of the debris. There is no
projected completion date for this phase since disposal of the debris
is a dangerous and tedious process. Because of its nature,
nitrocellulose permeates the buildings and equipment. Each piece of
material and equipment must be wiped clean of nitrocellulose particles
and the nitrocellulose disposed of, per New Jersey regulations. SAR 34.
When asked about the Green Tree Power House, the Hercules' counsel
stated that Hercules' decision to construct a modern and efficient
power house of its own was made prior to Green Tree's bankruptcy in
2003 and was based on the advanced age and poor condition of the Green
Tree Power House. SAR 14. Construction of Hercules' power house began
in April 2005 and was completed in July 2005. SAR 35. After a trial
run, the Hercules power house was deemed fully operational in August
2005. SAR 34, 35. When the Hercules power House began producing steam
for its natrosol production, the Green Tree Power House was permanently
shut down. SAR 34, 35. Because the Hercules power house is smaller and
more efficient than the Green Tree Power House, only five of the twelve
Green Tree Power House workers were offered employment with Hercules.
SAR 34.
There are two allegations in the Plaintiff's complaint: 1) the
subject workers are Hercules employees (``In July of 2004 Hercules made
the Power House employees Hercules employees'') and 2) increased
imports of nitrocellulose caused the workers' separations (``if
Nitrocellulose business didn't deteriorate over the years due to
foreign competition repairs would have been made to the older
powerhouse, and both the nitrocellulose plant and the powerhouse would
still be running.'') SAR 2.
The first issue is whether the subject workers are Green Tree
employees or Hercules employees.
The Plaintiff stated in the complaint that ``In July of 2004
Hercules made the Power House employees Hercules employees.'' SAR 2.
Plaintiff's counsel's letter suggests that the subject workers are
Hercules employees (``Thus, from November 21, 2003 until the time at
which it was shut down, the power house in question was still being
operated in the name of and authority of Green Tree and not Hercules.
The administrative record does not appear to provide any indication of
when (if ever) the power house thereafter was operated by Hercules
acting as Hercules.'') SAR 6.
According to a Hercules company official located on-site, the steam
requirement for natrosol is one-third of the steam requirement of
nitrocellulose. SAR 35. Therefore, when nitrocellulose removal was
completed on July 14, 2005, steam production and employment levels at
the Green Tree Power House was reduced accordingly. After those
separations occurred, the remaining Green Tree workers continued to
operate the Power House until the Hercules power house was able to
produce its own steam in August 2005. When the Green Tree Power House
was permanently shut down in August 2005, the remaining Power House
workers were separated from employment with Green Tree and offered
positions with Hercules to operate the Hercules power house. SAR 34,
35.
Hercules' decision to operate the Green Tree Power House after the
conclusion of the nitrocellulose removal as cannot be construed as a
constructive conversion of Green Tree employees into Hercules
employees. The July 2, 2004 Superior Court of New Jersey order stated
that ``this authorization shall not relieve Green Tree of any
obligations it may have, including that under any permit.'' SAR 19. The
June 2000 agreement between Hercules and Green Tree obligated Green
Tree to provide Hercules steam for its natrosol production. SAR 14, 34.
Because Green Tree's legal obligation to provide steam to Hercules
was not voided, SAR 16, 20, the operation of the Green Tree Power House
to supply steam for Hercules' natrosol production is not ``Hercules
acting as Hercules,'' SAR 6, but Hercules acting in Green Tree's name
to maintain the operations of the Power House, as provided by the
Superior Court of New Jersey July 2, 2004 order. SAR 19.
The July 2, 2004 order reinforces the ``Green Tree-as-principle/
Hercules-as-agent'' relationship and identifies the workers at the
Power Plant as Green Tree employees. As such, the Department determines
that the subject workers are not employees of Hercules, Inc., Parlin,
New Jersey but employees of Green Tree Chemical Technologies, Parlin,
New Jersey.
Because the Department has determined that the subject workers are
in fact employees of Green Tree engaged in the production of
nitrcellolose, the subject workers are covered by a TAA/ATAA
certification which was in effect at the time of the petition (Green
Tree Chemical Technologies, Parlin, New Jersey; TA-W-53,831; issued
January 16, 2004; expired January 16, 2006).
The second issue is whether increased imports of nitrocellulose
caused the workers' separations. Because the workers are certified
under Green Tree Chemical Technologies, Parlin, New Jersey (TA-W-
53,831), it is apparent that the answer is in the affirmative.
Since the subject workers are covered by TA-W-53,831, further
investigation in this case would serve no purpose and the investigation
has been terminated.
Recognizing that there has been a significant delay between the
workers' separations and their notification of certification under TA-
W-53,831, the Department is providing guidance to the appropriate State
agencies to enable the subject workers to apply for worker adjustment
assistance.
[[Page 75277]]
Conclusion
After careful review of the findings of the remand investigation, I
am terminating the investigation of the petition for worker adjustment
assistance filed on behalf of workers and former workers of Hercules
Incorporation, Aqualon Division, Parlin, New Jersey.
Signed at Washington, DC this 6th day of December 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-21252 Filed 12-13-06; 8:45 am]
BILLING CODE 4510-30-P
