Morlite/Vista Lighting, Genlyte Group, Erie, PA; Notice of Negative Determination Regarding Application for Reconsideration, 53047-53048 [E8-21322]

Download as PDF 53047 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Notices APPENDIX—Continued [TAA petitions instituted between 8/25/08 and 8/29/08] Subject firm (petitioners) Location EPT (Comp) .................................................................................... Escalade Sports, Inc. (IUECWA) .................................................... Parker Hosiery Company, Inc. (Comp) .......................................... Hewlett Packard/Technology Development Organization (Wkrs) .. Diebold, Inc. (Wkrs) ........................................................................ General Motors (State) ................................................................... Mega Building Systems (Wkrs) ...................................................... Dana Holding Corporation, Sealing Products Grp (Comp) ............ Norma Products (US), Inc. (Wkrs) ................................................. Beiersdorf (Comp) .......................................................................... Rayloc—Morganfield (Wkrs) ........................................................... Rayloc—Payson (Wkrs) .................................................................. Kulp Foundry (Comp) ..................................................................... Casco Group, Inc. (State) ............................................................... Howmet Corporation (Union) .......................................................... CFM U.S. Corporation (Comp) ....................................................... Intel Corporation (Comp) ................................................................ Katahdin Paper Company, LLC (Comp) ........................................ Flextronics (Wkrs) ........................................................................... South Company, Inc. (Wkrs) .......................................................... Cooper Standard Automotive (UAW) ............................................. Phillips Plastics Corporation (Wkrs) ............................................... American Parts and Services, Inc. (Comp) .................................... KOH Defense Systems, Inc. (Wkrs) ............................................... Peoploungers (Comp) ..................................................................... Maysville, KY ....................... Evansville, IN ...................... Old Fort, NC ........................ Corvallis, OR ....................... Lexington, NC ..................... Doraville, GA ....................... Springfield, MO ................... Paris, TN ............................. Wixom, MI ........................... Mariemont, OH .................... Morganfield, KY ................... Payson, UT ......................... East Stroudsburg, PA ......... Cerritos, CA ......................... Whitehall, MI ....................... Huntington, IN ..................... Rio Rancho, NM .................. Millinocket, ME .................... Charlotte, NC ...................... Concordville, PA .................. Gaylord, MI .......................... Medford, WI ......................... Schaumburg, IL ................... Johnstown, Pa ..................... Mantachie, MS .................... TA–W 63936 63937 63938 63939 63940 63941 63942 63943 63944 63945 63946 63947 63948 63949 63950 63951 63952 63953 63954 63955 63956 63957 63958 63959 63960 ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ [FR Doc. E8–21319 Filed 9–11–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–63,516] ebenthall on PROD1PC60 with NOTICES Morlite/Vista Lighting, Genlyte Group, Erie, PA; Notice of Negative Determination Regarding Application for Reconsideration By application dated August 19, 2008, a worker requested administrative reconsideration of the Department’s negative determination regarding eligibility for workers and former workers of Morlite/Vista Lighting, Genlyte Group, Erie, Pennsylvania to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA). The negative determination was issued on July 15, 2008. The Department’s Notice of negative determination was published in the Federal Register on July 30, 2008 (73 FR 44284). The workers at Morlite/Vista Lighting, Genlyte Group, Erie, Pennsylvania (subject facility) produce commercial light fixtures for the security and healthcare industries, and are not separately identifiable by product line. VerDate Aug<31>2005 15:18 Sep 11, 2008 Jkt 214001 The petition was denied because sales and production at the subject facility increased in 2007 when compared with 2006 and increased from January through May 2008 when compared with the corresponding period in 2007. The initial investigation also revealed that Morlite/Vista Lighting (subject firm) did not shift production of commercial light fixtures from the subject facility to a foreign country during the relevant period. Pursuant to 29 CFR 90.18(c), administrative 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 mis-interpretation of facts or of the law justified reconsideration of the decision. In the request for reconsideration, the worker asserts that the shift of production from Tupelo, Mississippi to China enabled the subject firm to shift production from Erie, Pennsylvania to Tupelo, Mississippi, and thereby caused the workers’ separations. To certify a worker group for TAA on a shift of production basis, the Department must find that there has PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Date of institution 08/27/08 08/27/08 08/27/08 08/27/08 08/27/08 08/27/08 08/27/08 08/27/08 08/27/08 08/28/08 08/28/08 08/28/08 08/28/08 08/28/08 08/28/08 08/28/08 08/28/08 08/28/08 08/28/08 08/28/08 08/28/08 08/28/08 08/29/08 08/29/08 08/29/08 Date of petition 08/26/08 08/25/08 08/25/08 08/26/08 08/25/08 08/26/08 08/25/08 08/13/08 08/19/08 08/27/08 08/14/08 08/14/08 08/19/08 08/25/08 08/27/08 08/27/08 08/20/08 08/27/08 08/27/08 08/27/08 08/22/08 08/27/08 08/28/08 08/28/08 08/28/08 been a shift in production by the workers’ firm or appropriate subdivision to a foreign country of articles like or directly competitive with articles which are produced by the workers’ firm or subdivision. A shift of production of flange kits from the subject firm’s Tupelo, Mississippi facility to a foreign country is not the same as a shift of production of commercial light fixtures from the subject firm’s Erie, Pennsylvania facility to a foreign country. Flange kits are neither like nor directly competitive with the commercial light fixtures produced at the subject facility. After careful review of the request for reconsideration, the Department determines that there is no new information that supports a finding that Section 222 of the Trade Act of 1974 was satisfied and that no mistake or misinterpretation of the facts or of the law with regards to the number or proportion of workers separated from the subject firm during the relevant period. 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. E:\FR\FM\12SEN1.SGM 12SEN1 53048 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Notices Signed at Washington, DC this 2nd day of September 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–21322 Filed 9–11–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR All workers of Union Carbide Corporation, a Subsidiary of Dow Chemical Company, West Virginia Operations, South Charleston Technology Park, South Charleston, West Virginia, who became totally or partially separated from employment on or after May 5, 2007 through July 18, 2010, are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Employment and Training Administration [TA–W–63,317] ebenthall on PROD1PC60 with NOTICES Union Carbide Corporation, a Subsidiary of the Dow Chemical Company, West Virginia Operations, South Carleston Technology Park, South Charleston, WV; Notice of Revised Determination on Reconsideration of Alternative Trade Adjustment Assistance On August 21, 2008, the Department of Labor (Department) received a request for administrative reconsideration of the Department’s negative determination regarding eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) applicable to workers and former workers of the subject firm. On July 18, 2008, the Department issued a certification regarding the subject workers’ eligibility to apply for Trade Adjustment Assistance (TAA) and a negative determination regarding their eligibility to apply for ATAA. The Department’s Notice of determination was published in the Federal Register on July 30, 2008 (73 FR 44283). The ATAA investigation determined that, although the workers possess skills that are not easily transferrable and a significant number of workers in the workers’ firm are 50 years of age or older, conditions within the chemical industry are not adverse. A Notice of Affirmative Determination Regarding Application for Reconsideration, applicable to workers and former workers of the subject firm, was issued on August 26, 2008, and will soon be published in the Federal Register. During the reconsideration investigation, the Department received new information which indicated that employment related to the chemical industry in the state of West Virginia and in the county in which the subject firm resides has declined in the relevant time period and that the employment in the chemical industry is projected to decrease in the local (state and county) economies. VerDate Aug<31>2005 15:18 Sep 11, 2008 Jkt 214001 Conclusion After careful review of the additional facts obtained on reconsideration, I conclude that the requirements of Section 246 of the Trade Act of 1974, as amended, have been met for workers at the subject firm. In accordance with the provisions of the Act, I make the following revised determination: Signed at Washington, DC, this 2nd day of September 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–21321 Filed 9–11–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [SGA/DFA–PY–08–03] Solicitation for Grant Applications (SGA); Prisoner Re-entry Initiative Grants Employment and Training Administration (ETA), Labor. ACTION: Notice: Amendment to SGA/ DFA–PY–08–03. AGENCY: SUMMARY: The Employment and Training Administration published a document in the Federal Register on September 5, 2008, announcing the availability of funds and solicitation for grant applications (SGA) under the Prisoner Re-entry Initiative to be awarded through a competitive process. This notice is the first amendment to the SGA and it amends the Key Dates and Part VII—Agency Contacts. FOR FURTHER INFORMATION CONTACT: James Stockton, Grant Officer, Division of Federal Assistance, at (202) 693– 3335. Supplementary Information Correction: In the Federal Register of September 5, 2008, in FR Doc. EB–20570, the closing date for receipt of applications under this announcement is November 4, 2008. Part VII—Agency Contacts, is amended to provide the correct telephone number for the Grants Management Specialist as follows: For further information regarding this SGA, PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 please contact Jeannette Flowers, Grants Management Specialist, Division of Federal Assistance, at (202) 693–3322. DATES: Effective Date: This notice is effective September 12, 2008. Signed at Washington, DC, this 8th day of September 2008. James W. Stockton, Grant Officer. [FR Doc. E8–21316 Filed 9–11–08; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–63,979] Emerson Power Transmission, a Subsidiary of Emerson Electric; Aurora, IL; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on September 4, 2008, in response to a petition filed by workers at Emerson Power Transmission, a subsidiary of Emerson Electric, Aurora, Illinois. This petitioner group of workers is covered by an active certification, (TA– W–62,689) which expires on February 27, 2010. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed in Washington, DC this 5th day of September 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–21318 Filed 9–11–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–63,721C] Hutchinson Fts, Inc.; Byrdstown, TN; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on July 21, 2008 in response to a petition filed by a company official on behalf of workers of Hutchinson FTS, Inc., Byrdstown, Tennessee. The petitioning group of workers is covered by an active certification (TA– W–60,013) which expires on September 26, 2008. Consequently, further investigation in this case would serve E:\FR\FM\12SEN1.SGM 12SEN1

Agencies

[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Notices]
[Pages 53047-53048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21322]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,516]


Morlite/Vista Lighting, Genlyte Group, Erie, PA; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated August 19, 2008, a worker requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
Morlite/Vista Lighting, Genlyte Group, Erie, Pennsylvania to apply for 
Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment 
Assistance (ATAA).
    The negative determination was issued on July 15, 2008. The 
Department's Notice of negative determination was published in the 
Federal Register on July 30, 2008 (73 FR 44284). The workers at 
Morlite/Vista Lighting, Genlyte Group, Erie, Pennsylvania (subject 
facility) produce commercial light fixtures for the security and 
healthcare industries, and are not separately identifiable by product 
line.
    The petition was denied because sales and production at the subject 
facility increased in 2007 when compared with 2006 and increased from 
January through May 2008 when compared with the corresponding period in 
2007. The initial investigation also revealed that Morlite/Vista 
Lighting (subject firm) did not shift production of commercial light 
fixtures from the subject facility to a foreign country during the 
relevant period.
    Pursuant to 29 CFR 90.18(c), administrative 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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    In the request for reconsideration, the worker asserts that the 
shift of production from Tupelo, Mississippi to China enabled the 
subject firm to shift production from Erie, Pennsylvania to Tupelo, 
Mississippi, and thereby caused the workers' separations.
    To certify a worker group for TAA on a shift of production basis, 
the Department must find that there has been a shift in production by 
the workers' firm or appropriate subdivision to a foreign country of 
articles like or directly competitive with articles which are produced 
by the workers' firm or subdivision.
    A shift of production of flange kits from the subject firm's 
Tupelo, Mississippi facility to a foreign country is not the same as a 
shift of production of commercial light fixtures from the subject 
firm's Erie, Pennsylvania facility to a foreign country. Flange kits 
are neither like nor directly competitive with the commercial light 
fixtures produced at the subject facility.
    After careful review of the request for reconsideration, the 
Department determines that there is no new information that supports a 
finding that Section 222 of the Trade Act of 1974 was satisfied and 
that no mistake or misinterpretation of the facts or of the law with 
regards to the number or proportion of workers separated from the 
subject firm during the relevant period.

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.


[[Page 53048]]


    Signed at Washington, DC this 2nd day of September 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-21322 Filed 9-11-08; 8:45 am]
BILLING CODE 4510-FN-P