Agrium U.S., Inc.; Kenai Nitrogen Operation Including On-Site Leased Workers From NMS (Nana Management Systems) Kenai, AK; Amended Notice of Revised Determination on Reconsideration, 65410-65411 [E8-26048]
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65410
Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,958]
sroberts on PROD1PC70 with NOTICES
American Parts & Services, Inc.;
Schaumburg, IL; Notice of Negative
Determination Regarding Application
for Reconsideration
By application dated October 14,
2008, a company official requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility to apply for Trade
Adjustment Assistance (TAA),
applicable to workers and former
workers of the subject firm. The denial
notice was signed on September 17,
2008, and published in the Federal
Register on October 3, 2008 (73 FR
57682).
Pursuant to 29 CFR 90.18(c)
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 misinterpretation of facts or of
the law justified reconsideration of the
decision.
The negative TAA determination
issued by the Department for workers of
American Parts & Services, Inc.,
Schaumburg, Illinois, was based on the
finding that the worker group does not
produce an article within the meaning
of Section 222 of the Trade Act of 1974.
In the request for reconsideration the
petitioner indicates a number of reasons
as to why she should be eligible for
TAA. In particular, the petitioner stated
that the subject firm subcontracted
independent workers to perform value
added production functions on the parts
purchased by the subject firm. The
petitioner seems to allege that because
the workers were sub-contracted to
perform production for the subject firm,
they should be considered as employees
of the subject firm and, therefore,
eligible for Trade Adjustment
Assistance.
To determine whether these
subcontracted workers were employees
of the subject firm, on-site leased
workers, or workers under the control of
the subject firm and whether the worker
group produced an article during the
relevant period, the Department
contacted the subject firm’s company
official and requested employment
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16:58 Oct 31, 2008
Jkt 217001
figures and all relevant contractual
agreements between the subject firm
and sub-contracting workers for the
relevant employment data (for one year
prior to the date of the petition).
The company official stated that the
subcontractors utilized by the subject
firm during the relevant period were not
employees of American Parts &
Services, Inc., Schaumburg, Illinois, and
they were not leased workers employed
on-site of the subject facility. Moreover,
it was revealed that these independent
contractors had no contractual
agreements with the subject firm. The
investigation revealed that there was
only one worker employed by the
subject firm in the relevant period.
A review of the initial petition and
determination revealed the fact that the
firm did not employ a worker group
during the one year period prior to the
petition filing date, as required by
Section 222 of the Trade Act of 1974. A
worker group means three or more
workers in a firm or appropriate
subdivision. The subject firm did not
meet this threshold level. The
investigation also revealed that the
subject firm does not produce an article
within the meaning of Section 222(a)(2)
of the Act.
When assessing eligibility for TAA,
the Department makes its
determinations based on the
requirements as outlined in Section 222
of the Trade Act. In particular, the
Department defines an eligible worker
‘‘group’’ as ‘‘three or more workers in a
firm or an appropriate subdivision
thereof.’’ As subject firm’s total worker
number was one in the relevant period,
the worker does not meet the group
eligibility requirements for trade
adjustment assistance.
After careful review of the
information provided on
reconsideration, it was revealed that
American Parts & Services, Inc.,
Schaumburg, Illinois, resells parts for
sheet metal equipment and subcontracts
repair services. Moreover, a review of
the records provided by the company
official established that only one worker
was employed by 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.
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Fmt 4703
Sfmt 4703
Signed in Washington, DC, this 22nd day
of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–26051 Filed 10–31–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,220]
Agrium U.S., Inc.; Kenai Nitrogen
Operation Including On-Site Leased
Workers From NMS (Nana
Management Systems) Kenai, AK;
Amended Notice of Revised
Determination on Reconsideration
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 Notice of
Revised Determination on
Reconsideration on January 8, 2008. The
notice was published in the Federal
Register on January 16, 2008 (73 FR
2946).
At the request of the petitioner, the
Department reviewed the Notice of
Revised Determination on
Reconsideration for workers of the
subject firm. The workers are engaged in
the production of anhydrous ammonia
and urea.
New information shows that workers
leased from NMS (Nana Management
Systems) were employed on-site at the
Kenai, Alaska location of Agrium U.S.,
Inc., Kenai Nitrogen Operation. The
Department has determined that these
workers were sufficiently under the
control of Agrium U.S., Inc., Kenai
Nitrogen Operation to be considered
leased workers.
Based on these findings, the
Department is amending this revised
determination to include workers leased
from NMS (Nana Management Systems)
working on-site at the Kenai, Alaska
location of the subject firm.
The intent of the Department’s
certification is to include all workers
employed at Agrium U.S., Inc., Kenai
Nitrogen Operation, Kenai, Alaska who
were adversely affected by a shift in
production of anhydrous ammonia and
urea to Damietta, Egypt.
The amended notice applicable to
TA–W–62,220 is hereby issued as
follows:
All workers of Agrium U.S., Inc., Kenai
Nitrogen Operation, including on-site leased
workers from NMS (Nana Management
Systems), Kenai, Alaska, who became totally
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Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
or partially separated from employment on or
after April 13, 2007, through January 8, 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.
Signed at Washington, DC, this 22nd day
of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–26048 Filed 10–31–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,758]
sroberts on PROD1PC70 with NOTICES
Lear Corporation; Quality Control and
Inspection Department; 950 Loma
Verde Drive, El Paso, TX; Notice of
Revised Determination on
Reconsideration
On October 3, 2008, the Department
issued an Affirmative Determination
Regarding Application for
Reconsideration 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
Department’s Notice was published in
the Federal Register on October 10,
2008 (73 FR 60338).
The negative determination was based
on the Department’s finding that the
subject firm does not produce an article
within the meaning of Section 222(a)(2)
of the Act. Workers inspected wire
harness component parts. The
determination further stated that
because the subject workers are denied
eligibility to apply for trade adjustment
assistance (TAA), the workers cannot be
certified eligible for alternative trade
adjustment assistance (ATAA).
In the request for reconsideration, the
worker alleges that his work ‘‘is directly
involved in the manufacturing of the
final product’’ and that ‘‘Lear
Corporation took our jobs to Mexico.’’
The worker also alleges that he is in the
Product Part Approval Process
Department, which is separate from the
Quality Control and Inspection
Department.
During the reconsideration
investigation, the Department clarified
with a subject human resource official
that the worker group engaged in the
Product Part Approval Process are part
of the Quality Control and Inspection
Department. Therefore, the Department
determines that the initial identification
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16:58 Oct 31, 2008
Jkt 217001
of the subject worker group are workers
of Lear Corporation, Quality Control and
Inspection Department, located at 950
Loma Verde Drive, El Paso, Texas is
correct.
A careful review of previouslysubmitted information during the
reconsideration investigation revealed
that a significant number or proportion
of workers in the appropriate
subdivision of the workers’ firm have
become totally or partially separated.
During the reconsideration
investigation, the Department confirmed
that the workers were engaged in the
inspection of wire harness component
parts and was also informed that the
workers were engaged in the testing of
those articles. The Department
considers testing to be a production
activity. As such, the Department
determines that the subject workers are
engaged in the production of wire
harness component parts.
During the reconsideration
investigation, the Department confirmed
that the subject firm shifted wire
harness component part production to
an affiliated facility located in Mexico.
Based on the above, the Department
determines that the group eligibility
requirements in Section 222(a)(2)(B) of
the Trade Act of 1974, as amended, have
been met.
In accordance with Section 246 the
Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department herein
presents the results of its investigation
regarding certification of eligibility to
apply for ATAA.
The Department has determined in
this case that the group eligibility
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 during the reconsideration
investigation, I conclude that there was
a shift in production from the workers’
firm or subdivision to Mexico of articles
that are like or directly competitive with
those produced by the subject firm or
subdivision.
In accordance with the provisions of
the Act, I make the following
certification:
‘‘All workers of Lear Corporation, Quality
Control and Inspection Department, 950
Loma Verde Drive, El Paso, Texas, who
became totally or partially separated from
employment on or after July 25, 2007 through
two years from the date of this certification,
are eligible to apply for adjustment assistance
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65411
under Section 223 of the Trade Act of 1974,
and are eligible to apply for alternative trade
adjustment assistance under Section 246 of
the Trade Act of 1974.’’
Signed at Washington, DC, this 22nd day
of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–26050 Filed 10–31–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[SGA/DFA–PY–08–08]
Solicitation for Grant Applications
(SGA)
Employment and Training
Administration (ETA), Labor.
ACTION: Notice: Amendment to SGA/
DFA–PY–08–08.
AGENCY:
SUMMARY: The Employment and
Training Administration published a
document in the Federal Register on
October 3, 2008, announcing the
availability of funds and solicitation for
grant applications (SGA) to fund
Demonstration Projects. This notice is
an amendment to the SGA and it
amends the ‘‘Necessary Project
Components’’ section.
FOR FURTHER INFORMATION CONTACT: B.
Jai Johnson, Grant Officer, Division of
Federal Assistance, at (202) 693–3296.
SUPPLEMENTARY INFORMATION
Correction: In the Federal Register of
October 03, in FR Doc. E8–8651. On
page 57672, under the heading, ‘‘Part I.
Background Information’’ specifically
under paragraph ‘‘4. Necessary Project
Components.’’ is amended to read: The
minimum number of young parents the
applicant must serve over the three year
period of the grant is 100. These
individuals must be new clients to the
program. Because of the requirement of
random assignment under the grant, 50
percent of the young parents would
receive ‘‘bump-up’’ services under the
grant and 50 percent of the young
parents would receive control group
services (50 treatment group members
and 50 control group members given a
program enrollment of 100). Please note
that this number is a minimum, greater
numbers are encouraged. Applicants
must justify their existing program can
serve this minimum number of
individuals under the grant by
describing their program enrollment
size over the past 3–5 years. If the
application does not propose serving at
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]]>Agencies
[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Pages 65410-65411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26048]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-62,220]
Agrium U.S., Inc.; Kenai Nitrogen Operation Including On-Site
Leased Workers From NMS (Nana Management Systems) Kenai, AK; Amended
Notice of Revised Determination on Reconsideration
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 Notice of Revised
Determination on Reconsideration on January 8, 2008. The notice was
published in the Federal Register on January 16, 2008 (73 FR 2946).
At the request of the petitioner, the Department reviewed the
Notice of Revised Determination on Reconsideration for workers of the
subject firm. The workers are engaged in the production of anhydrous
ammonia and urea.
New information shows that workers leased from NMS (Nana Management
Systems) were employed on-site at the Kenai, Alaska location of Agrium
U.S., Inc., Kenai Nitrogen Operation. The Department has determined
that these workers were sufficiently under the control of Agrium U.S.,
Inc., Kenai Nitrogen Operation to be considered leased workers.
Based on these findings, the Department is amending this revised
determination to include workers leased from NMS (Nana Management
Systems) working on-site at the Kenai, Alaska location of the subject
firm.
The intent of the Department's certification is to include all
workers employed at Agrium U.S., Inc., Kenai Nitrogen Operation, Kenai,
Alaska who were adversely affected by a shift in production of
anhydrous ammonia and urea to Damietta, Egypt.
The amended notice applicable to TA-W-62,220 is hereby issued as
follows:
All workers of Agrium U.S., Inc., Kenai Nitrogen Operation,
including on-site leased workers from NMS (Nana Management Systems),
Kenai, Alaska, who became totally
[[Page 65411]]
or partially separated from employment on or after April 13, 2007,
through January 8, 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.
Signed at Washington, DC, this 22nd day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-26048 Filed 10-31-08; 8:45 am]
BILLING CODE 4510-FN-P
