Lear Corporation, Quality Control and Inspection Department, 950 Loma Verde Drive, El Paso, Texas; Notice of Affirmative Determination Regarding Application for Reconsideration, 60338-60339 [E8-24122]
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60338
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
policies of a person other than an
individual.
(h) The term, ‘‘Client Plan(s),’’ means
an employee benefit plan or employee
benefit plans that are subject to the Act
and/or the Code, and for which plan(s)
an Asset Manager exercises
discretionary authority or discretionary
control respecting management or
disposition of some or all of the assets
of such plan(s), but excludes In-House
Plans, as defined, below, in Section
IV(o).
(i) The term, ‘‘Pooled Fund(s),’’ means
a common or collective trust fund(s) or
a pooled investment fund(s):
(1) In which employee benefit plan(s)
subject to the Act and/or Code invest,
(2) Which is maintained by an Asset
Manager, and
(3) For which such Asset Manager
exercises discretionary authority or
discretionary control respecting the
management or disposition of the assets
of such fund(s).
(j)(1) The term, ‘‘Independent
Fiduciary,’’ means a fiduciary of a plan
who is unrelated to, and independent of
any PNC/BlackRock Related Entity. For
purposes of this proposed exemption, a
fiduciary of a plan will be deemed to be
unrelated to, and independent of any
PNC/BlackRock Related Entity, if such
fiduciary represents that neither such
fiduciary, nor any individual
responsible for the decision to authorize
or terminate authorization for the
transactions described, above, in
Section I of this proposed exemption, is
an officer, director, or highly
compensated employee (within the
meaning of section 4975(e)(2)(H) of the
Code) of any PNC/BlackRock Related
Entity, and represents that such
fiduciary shall advise the Asset Manager
within a reasonable period of time after
any change in such facts occurs.
(2) Notwithstanding anything to the
contrary in this Section IV(j), a fiduciary
of a plan is not independent:
(i) If such fiduciary, directly or
indirectly, through one or more
intermediaries, controls, is controlled
by, or is under common control with
any PNC/BlackRock Related Entity;
(ii) If such fiduciary directly or
indirectly receives any compensation or
other consideration from any PNC/
BlackRock Related Entity for his or her
own personal account in connection
with any transaction described in this
proposed exemption;
(iii) If any officer, director, or highly
compensated employee (within the
meaning of section 4975(e)(2)(H) of the
Code) of the Asset Manager responsible
for the transactions described, above, in
Section I of this proposed exemption, is
an officer, director, or highly
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20:11 Oct 09, 2008
Jkt 217001
compensated employee (within the
meaning of section 4975(e)(2)(H) of the
Code) of the sponsor of a plan or of the
fiduciary responsible for the decision to
authorize or terminate authorization for
the transactions described, above, in
Section I. However, if such individual is
a director of the sponsor of a plan or of
the responsible fiduciary, and if he or
she abstains from participation in: (A)
The choice of such plan’s investment
manager/adviser; and (B) the decision to
authorize or terminate authorization for
transactions described, above, in
Section I, then Section IV(j)(2)(iii) shall
not apply.
(3) The term, ‘‘officer,’’ means a
president, any vice president in charge
of a principal business unit, division, or
function (such as sales, administration,
or finance), or any other officer who
performs a policy-making function for a
PNC/BlackRock Related Entity.
(k) The term, ‘‘Securities,’’ shall have
the same meaning as defined in section
2(36) of the Investment Company Act of
1940 (the 1940 Act), as amended (15
U.S.C. 80a 2(36) (1996)). For purposes of
this proposed exemption, mortgagebacked or other asset backed securities
rated by one of the Rating
Organizations, as defined, below, in
Section IV(n), will be treated as debt
securities.
(l) The term, ‘‘Eligible Rule 144A
Offering,’’ shall have the same meaning
as defined in SEC Rule 10f–3(a)(4) (17
CFR 270.10f–3(a)(4)) under the 1940
Act.
(m) The term, ‘‘qualified institutional
buyer,’’ or the term, ‘‘QIB,’’ shall have
the same meaning as defined in SEC
Rule 144A (17 CFR 230.144A(a)(1))
under the 1933 Act.
(n) The term, ‘‘Rating Organizations,’’
means Standard & Poor’s Rating
Services, Moody’s Investors Service,
Inc., Fitch Ratings Inc., DBRS Limited,
or DBRS, Inc., or any successors thereto.
(o) The term, ‘‘In-House Plan(s),’’
means an employee benefit plan(s) that
is subject to the Act and/or the Code,
and that is sponsored by:
(1) A PNC Related Entity, as defined,
above, in Section IV(e), or
(2) A BlackRock Related Entity, as
defined, above, in Section IV(d), for
their respective employees.
(p) The term ‘‘Affiliated Servicer’’
means a PNC/BlackRock Related Entity
that serves as a servicer of one or more
of the commercial mortgage loans in a
Pooled Fund that issues commercial
mortgage-backed securities.
The availability of this proposed
exemption is subject to the express
condition that the material facts and
representations contained in the
application for exemption are true and
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Sfmt 4703
complete and accurately describe all
material terms of the transactions. In the
case of continuing transactions, if any of
the material facts or representations
described in the applications change,
the exemption will cease to apply as of
the date of such change. In the event of
any such change, an application for a
new exemption must be made to the
Department.
Signed at Washington, DC, this 6th day of
October 2008.
Ivan L. Strasfeld,
Director of Exemption Determinations,
Employee Benefits Security Administration,
U.S. Department of Labor.
[FR Doc. E8–24100 Filed 10–9–08; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,758]
Lear Corporation, Quality Control and
Inspection Department, 950 Loma
Verde Drive, El Paso, Texas; Notice of
Affirmative Determination Regarding
Application for Reconsideration
In an application post-marked
September 4, 2008 a worker requested
administrative reconsideration of the
negative determination regarding
workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and
Alternative Trade Adjustment
Assistance (ATAA) applicable to
workers and former workers of Lear
Corporation, Quality Control and
Inspection Department, located at 950
Loma Verde Drive, El Paso, Texas
(subject firm).
The negative determination was
issued on August 21, 2008. The
Department’s Notice of determination
was published in the Federal Register
on September 3, 2008 (73 FR 51530).
Workers performed testing and
inspection of component parts
(terminals, connectors, wires, and
grommets) for wire harnesses. The
determination stated that the subject
firm does not produce an article within
the meaning of Section 222(a)(2) of the
Act. The determination further stated
that because the subject workers are
denied eligibility to apply for TAA, the
workers cannot be certified eligible for
ATAA.
The request for reconsideration stated
that subject firm ‘‘held two very
different departments * * * the Quality
Control and Inspection Dept. * * * and
the other one was the PPAP Dept.
(Production Part Approval Process). The
E:\FR\FM\10OCN1.SGM
10OCN1
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
request further states that the appeal is
limited to the ‘‘PPAP Dept.’’
The request for reconsideration
alleges that the PPAP ‘‘is an essential
part of the production process, it is
directly involved in the manufacturing
of the final product in the production
line’’ and that ‘‘Lear Corporation took
our jobs to Mexico.’’
The Department has carefully
reviewed the worker’s request for
reconsideration and has determined that
the Department will conduct further
investigation.
Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the U.S. Department
of Labor’s prior decision. The
application is, therefore, granted.
Signed at Washington, DC, this 3rd day of
October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–24122 Filed 10–9–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,849]
mstockstill on PROD1PC66 with NOTICES
Newpage Corporation, Formerly
Known as Stora Enso North America;
Stamford, Connecticut; Including
Employees of Newpage Corporation,
Formerly Known as Stora Enso North
America, Stamford, Connecticut;
Amended Certification Regarding
Eligibility To Apply for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance; Working
at Various Locations in the Following
States
TA–W–62,849A; NORTH CAROLINA
TA–W–62,849B; CALIFORNIA
TA–W–62,849C; GEORGIA
TA–W–62,849D; ILLINOIS
TA–W–62,849E; MICHIGAN
TA–W–62,849F; MINNESOTA
TA–W–62,849G; NEW YORK
TA–W–62,849H; OHIO
TA–W–62,849I; PENNSYLVANIA
TA–W–62,849J; TEXAS
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 Regarding Eligibility to
Apply for Worker Adjustment
Assistance and Alternative Trade
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20:11 Oct 09, 2008
Jkt 217001
Adjustment Assistance on July 21, 2008,
applicable to workers of NewPage
Corporation, formerly known as Stora
Enso North America, Stamford,
Connecticut. The notice was published
in the Federal Register on August 12,
2008 (73 FR 46923).
At the request of a company official,
the Department reviewed the
certification for workers of the subject
firm.
New information provided shows that
worker separations have occurred
involving employees of the Stamford,
Connecticut facility of NewPage
Corporation, formerly known as Stora
Enso North America working out of
various locations in the following states:
North Carolina, California, Georgia,
Illinois, Michigan, Minnesota, New
York, Ohio, Pennsylvania and Texas.
These employees provided sales,
accounting and managerial function
support services for the production of
coated and uncoated paper by the
subject firm.
Based on these findings, the
Department is amending this
certification to include employees of the
Stamford, Connecticut facility of
NewPage Corporation, formerly known
as Stora Enso North America working
out of various locations in the above
mentioned states.
The intent of the Department’s
certification is to include all workers of
NewPage Corporation, formerly known
as Stora Enso North America, Stamford,
Connecticut, who were adversely
affected by increased imports of coated
and uncoated paper.
The amended notice applicable to
TA–W–62,849 is hereby issued as
follows:
All workers of NewPage Corporation,
formerly known as Stora Enso North
America, Stamford, Connecticut (TA–W–
62,849), including employees of NewPage
Corporation, formerly known as Stora Enso
North America, Stamford, Connecticut
located at various locations in the following
states: North Carolina (TA–W–62,849A),
California (TA–W–62,849B), Georgia (TA–W–
62,849C), Illinois (TA–W–62,849D),
Michigan (TA–W–62,849E), Minnesota (TA–
W–62,849F), New York (TA–W–62,849G),
Ohio (TA–W–62,849H), Pennsylvania (TA–
W–62,849I, and Texas (TA–W–62,849J), who
became totally or partially separated from
employment on or after February 13, 2007,
through July 21, 2010, 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.
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Sfmt 4703
60339
Signed at Washington, DC, this 2nd day of
October 2008.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–24124 Filed 10–9–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,662]
Steelcase, Inc.; Andersons Desk, Inc.;
City of Industry Plant, City of Industry,
California; 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 Regarding Eligibility to
Apply for Worker Adjustment
Assistance and Alternative Trade
Adjustment Assistance on July 31, 2008,
applicable to workers of Steelcase, Inc.,
City of Industry Plant, City of Industry,
California. The notice was published in
the Federal Register on August 12, 2008
(73 FR 46923).
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers were engaged in the production
of office furniture.
New information shows that some
workers separated from employment at
the subject firm have had their wages
reported under a separate
unemployment insurance (UI) tax
account for Andersons Desk, Inc.
Accordingly, the Department is
amending the certification to properly
reflect this matter.
The amended notice applicable to
TA–W–63,662 is hereby issued as
follows:
All workers of Steelcase, Inc., Andersons
Desk, Inc., City of Industry Plant, City of
Industry, California, who became totally or
partially separated from employment on or
after July 9, 2007, through July 31, 2010, 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.
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10OCN1
Agencies
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60338-60339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24122]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-63,758]
Lear Corporation, Quality Control and Inspection Department, 950
Loma Verde Drive, El Paso, Texas; Notice of Affirmative Determination
Regarding Application for Reconsideration
In an application post-marked September 4, 2008 a worker requested
administrative reconsideration of the negative determination regarding
workers' eligibility to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA) applicable to workers
and former workers of Lear Corporation, Quality Control and Inspection
Department, located at 950 Loma Verde Drive, El Paso, Texas (subject
firm).
The negative determination was issued on August 21, 2008. The
Department's Notice of determination was published in the Federal
Register on September 3, 2008 (73 FR 51530). Workers performed testing
and inspection of component parts (terminals, connectors, wires, and
grommets) for wire harnesses. The determination stated that the subject
firm does not produce an article within the meaning of Section
222(a)(2) of the Act. The determination further stated that because the
subject workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
The request for reconsideration stated that subject firm ``held two
very different departments * * * the Quality Control and Inspection
Dept. * * * and the other one was the PPAP Dept. (Production Part
Approval Process). The
[[Page 60339]]
request further states that the appeal is limited to the ``PPAP Dept.''
The request for reconsideration alleges that the PPAP ``is an
essential part of the production process, it is directly involved in
the manufacturing of the final product in the production line'' and
that ``Lear Corporation took our jobs to Mexico.''
The Department has carefully reviewed the worker's request for
reconsideration and has determined that the Department will conduct
further investigation.
Conclusion
After careful review of the application, I conclude that the claim
is of sufficient weight to justify reconsideration of the U.S.
Department of Labor's prior decision. The application is, therefore,
granted.
Signed at Washington, DC, this 3rd day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-24122 Filed 10-9-08; 8:45 am]
BILLING CODE 4510-FN-P