International Business Machines Corporation, Tulsa, OK; Notice of Revised Determination on Remand, 26426-26427 [E7-8825]

Download as PDF 26426 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices DEPARTMENT OF LABOR Employment and Training Administration also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.’’ DEPARTMENT OF LABOR Employment and Training Administration [TA–W–60,858] [TA–W–61,177] Bartech Group, Inc., Including Workers of Continental Design and Engineering and Manpower, Anderson, IN; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 26, 2007 in response to a petition filed on behalf of workers of Bartech Group, Inc., including workers of Continental Design and Engineering and Manpower, Anderson, Indiana. The petitioning group of workers is covered by an active certification (TA– W–60,858 as amended) which expires on February 2, 2009. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC this 2nd day of May 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–8824 Filed 5–8–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA-W–61,104] Bay State Circuits, Inc.; Millbury, MA; Notice of Termination of Investigation sroberts on PROD1PC70 with NOTICES Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 13, 2007, in response to a worker petition filed by a company official on behalf of workers of Bay State Circuits, Inc., Millbury, Massachusetts. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 1st day of May 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–8828 Filed 5–8–07; 8:45 am] BILLING CODE 4510–FN–P VerDate Aug<31>2005 18:12 May 08, 2007 Jkt 211001 Delphi Corporation, Automotive Holdings Group Including Leased Workers of Bartech Group, Inc., Manpower and Continental Design and Engineering Working On-Site at Delphi; Anderson, IN; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on February 2, 2007, applicable to workers of Delphi Corporation, Automotive Holdings Group, Anderson, Indiana. The notice was published in the Federal Register on February 14, 2007 (72 FR 7087). At the request of the petitioners, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of automotive ignition products. New information shows that leased workers of Bartech Group, Inc., Manpower and Continental Design and Engineering were employed on-site at the Anderson, Indiana location of Delphi Corporation, Automotive Holdings Group. Based on these findings, the Department is amending this certification to include leased workers of Bartech Group, Inc., Manpower and Continental Design and Engineering working on-site at the Anderson, Indiana location of the subject firm. The intent of the Department’s certification is to include all workers employed on-site at Delphi Corporation, Automotive Holdings Group, Anderson, Indiana who were adversely affected by a shift in production to Mexico. The amended notice applicable to TA–W–60,858 is hereby issued as follows: ‘‘All workers of Delphi Corporation, Automotive Holdings Group, including leased workers of Bartech Group, Inc., Manpower and Continental Design and Engineering, Anderson, Indiana, who became totally or partially separated from employment on or after January 23, 2006, through February 2, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Signed at Washington, DC, this 1st day of May 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–8826 Filed 5–8–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–53,648] International Business Machines Corporation, Tulsa, OK; Notice of Revised Determination on Remand On March 30, 2007, the United States Court of International Trade (USCIT) remanded to the Department of Labor (Department) for further investigation Former Employees of International Business Machines Corporation v. U.S. Secretary of Labor, Court No. 04–00079. In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273), the Department herein presents the results of the remand investigation regarding workers’ eligibility to apply for worker adjustment assistance. The initial investigation to determine the eligibility of workers of International Business Machines Corporation (IBM), Tulsa, Oklahoma (subject firm) to apply for Trade Adjustment Assistance (TAA) was initiated on November 26, 2003 in response to a worker-filed petition. The Department’s initial negative determination, issued on December 2, 2003 and published in the Federal Register on January 16, 2004 (69 FR 2622), was based on finding that the workers did not produce an article within the meaning of Section 222 of the Trade Act of 1974. The petitioners requested administrative reconsideration of the negative determination on February 6, 2004. By letter dated February 11, 2004, the petitioners also sought judicial review of the negative determination. On March 30, 2004, the USCIT granted the Department’s request for voluntary remand in order to issue a finding pursuant to the request for reconsideration. The Department issued a negative determination on the request for reconsideration on March 31, 2004. The Department’s Notice of determination was published in the Federal Register on April 16, 2004 (69 FR 20644). The determination was based on findings E:\FR\FM\09MYN1.SGM 09MYN1 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices sroberts on PROD1PC70 with NOTICES that the workers’ firm did not produce an article within the meaning of Section 222 of the Trade Act and that the workers did not provide services in direct support of an affiliated TAA certified firm. On May 14, 2004, the Department filed its second consent motion for voluntary remand. The Department issued a negative determination on remand on August 2, 2004. The Department’s Notice of determination was published in the Federal Register on August 10, 2004 (69 FR 48527). The determination was based on findings that the workers at the subject facility did not produce or support the production of an article by IBM and were not under the control of BP. On December 2, 2005, the USCIT remanded the matter to the Department. On February 6, 2006, the Department issued a second negative determination on remand. The Department’s Notice of determination was published in the Federal Register on March 2, 2006 (71 FR 10709). The Department’s determination was based on findings that the criteria developed by the Department to determine the extent to which a worker group engaged in activities related to the production of an article by a producing firm was under the control of the producing firm had not been met. On March 30, 2007, the USCIT remanded the matter to the Department. The Department has determined after further review that during the relevant period, a significant number or proportion of the subject worker group was separated and that the subject worker group was working in support of, and under sufficient control of import impacted BP production facilities, whose workers were certified as eligible for TAA. Conclusion Based on review of the record evidence, I determine that BP controlled the subject worker group and that increased imports of articles like or directly competitive with crude oil produced by an affiliated facility which the subject worker group supported, contributed to the total or partial separation of a significant number or proportion of workers at the subject facility. In accordance with the provisions of the Act, I make the following certification: ‘‘All workers of International Business Machines Corporation, Tulsa, Oklahoma, who became totally or partially separated from employment on or after November 26, 2002, through two years from the issuance of this revised determination, are eligible to VerDate Aug<31>2005 18:12 May 08, 2007 Jkt 211001 apply for Trade Adjustment Assistance under Section 223 of the Trade Act of 1974.’’ Signed at Washington, DC this 2nd day of May 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–8825 Filed 5–8–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Mine Safety and Health Administration Proposed Information Collection RequestSubmitted for Public Comment and Recommendations; Safety Defects, Examination, Correction, and Records ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. DATES: Submit comments on or before July 9, 2007. ADDRESSES: Send comments to U.S. Department of Labor, Mine Safety and Health Administration, Debbie Ferraro, Management Services Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209–3939. Commenters are encouraged to send their comments on a computer disk, or via E-mail to Ferraro.Debbie@dol.gov, along with an original printed copy. Ms. Ferraro can be reached at (202) 693–9821 (voice), or (202) 693–9801 (facsimile). FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: I. Background Title 30 CFR 56.13015 and 57.13015 require that compressed-air receivers and other unfired pressure vessels be inspected by inspectors holding a valid National Board Commission and in accordance with the applicable chapters of the National Board Inspection Code, PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 26427 a manual for Boiler and Pressure Vessels Inspectors, 1979. Title 30 CFR 56.13030 and 57.13030 require that fired pressure vessels (boilers) be equipped with safety devices approved by the American Society of Mechanical Engineers (ASME) to protect against hazards from overpressure, flameouts, fuel interruptions and low water level. Sections 56/57.13030 requires that records of inspections and repairs be retained by the mine operator in accordance with the requirements of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code (progressive records—no limit on retention time) and made available to the Secretary or his/her authorized representative. Title 30 CFR 56.14100 and 57.14100 require equipment operators to inspect equipment, machinery, and tools that are to be used during a shift for safety defects before the equipment is placed in operation. Defects affecting safety are required to be corrected in a timely manner. In instances where the defect makes continued operation of the equipment unsafe, the standards require removal from service, tagging to identify that it is out of use, and repair before use is resumed. Title 30 CFR 56.18002 and 57.180002 require that a competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. A record that such examinations were conducted shall be kept by the operator for a period of one year, and shall be made available for review by the Secretary or his/her authorized representative. II. Desired Focus of Comments Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of the information collection related to the Safety Defects, Examination, Correction, and Records. MSHA is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Pages 26426-26427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8825]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,648]


International Business Machines Corporation, Tulsa, OK; Notice of 
Revised Determination on Remand

    On March 30, 2007, the United States Court of International Trade 
(USCIT) remanded to the Department of Labor (Department) for further 
investigation Former Employees of International Business Machines 
Corporation v. U.S. Secretary of Labor, Court No. 04-00079. In 
accordance with Section 223 of the Trade Act of 1974, as amended (19 
U.S.C. 2273), the Department herein presents the results of the remand 
investigation regarding workers' eligibility to apply for worker 
adjustment assistance.
    The initial investigation to determine the eligibility of workers 
of International Business Machines Corporation (IBM), Tulsa, Oklahoma 
(subject firm) to apply for Trade Adjustment Assistance (TAA) was 
initiated on November 26, 2003 in response to a worker-filed petition. 
The Department's initial negative determination, issued on December 2, 
2003 and published in the Federal Register on January 16, 2004 (69 FR 
2622), was based on finding that the workers did not produce an article 
within the meaning of Section 222 of the Trade Act of 1974.
    The petitioners requested administrative reconsideration of the 
negative determination on February 6, 2004. By letter dated February 
11, 2004, the petitioners also sought judicial review of the negative 
determination. On March 30, 2004, the USCIT granted the Department's 
request for voluntary remand in order to issue a finding pursuant to 
the request for reconsideration.
    The Department issued a negative determination on the request for 
reconsideration on March 31, 2004. The Department's Notice of 
determination was published in the Federal Register on April 16, 2004 
(69 FR 20644). The determination was based on findings

[[Page 26427]]

that the workers' firm did not produce an article within the meaning of 
Section 222 of the Trade Act and that the workers did not provide 
services in direct support of an affiliated TAA certified firm.
    On May 14, 2004, the Department filed its second consent motion for 
voluntary remand. The Department issued a negative determination on 
remand on August 2, 2004. The Department's Notice of determination was 
published in the Federal Register on August 10, 2004 (69 FR 48527). The 
determination was based on findings that the workers at the subject 
facility did not produce or support the production of an article by IBM 
and were not under the control of BP. On December 2, 2005, the USCIT 
remanded the matter to the Department.
    On February 6, 2006, the Department issued a second negative 
determination on remand. The Department's Notice of determination was 
published in the Federal Register on March 2, 2006 (71 FR 10709). The 
Department's determination was based on findings that the criteria 
developed by the Department to determine the extent to which a worker 
group engaged in activities related to the production of an article by 
a producing firm was under the control of the producing firm had not 
been met. On March 30, 2007, the USCIT remanded the matter to the 
Department.
    The Department has determined after further review that during the 
relevant period, a significant number or proportion of the subject 
worker group was separated and that the subject worker group was 
working in support of, and under sufficient control of import impacted 
BP production facilities, whose workers were certified as eligible for 
TAA.

Conclusion

    Based on review of the record evidence, I determine that BP 
controlled the subject worker group and that increased imports of 
articles like or directly competitive with crude oil produced by an 
affiliated facility which the subject worker group supported, 
contributed to the total or partial separation of a significant number 
or proportion of workers at the subject facility.
    In accordance with the provisions of the Act, I make the following 
certification:

    ``All workers of International Business Machines Corporation, 
Tulsa, Oklahoma, who became totally or partially separated from 
employment on or after November 26, 2002, 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 2nd day of May 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-8825 Filed 5-8-07; 8:45 am]
BILLING CODE 4510-FN-P