Olympic Panel Products, Shelton, WA; Notice of Revised Determination on Reconsideration, 12152-12153 [E9-6237]

Download as PDF 12152 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 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. Signed in Washington, D.C., this 11th day of March, 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–6240 Filed 3–20–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,912] dwashington3 on PROD1PC60 with NOTICES Road and Rail Services, Venice, IL; Notice of Negative Determination Regarding Application for Reconsideration By application dated February 27, 2009, the petitioner 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 February 20, 2009 and published in the Federal Register on March 10, 2009 (74 FR 10303). 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 Road & Rail Services, Venice, 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. The petitioners contend that the Department erred in its interpretation of work performed at the subject facility and indicate that the workers of the subject firm performed services under contract to Norfolk and Southern Railroad in Venice, Illinois and that the railroad had a contract with Chrysler in Fenton, Missouri. The petitioner also stated that the workers of the subject VerDate Nov<24>2008 15:28 Mar 20, 2009 Jkt 217001 firm prepared railcars so that the assembled Chrysler vehicles could safely be loaded. Furthermore, the petitioner alleged that the workers of the subject firm were laid off because Chrysler shifted production to Canada and stopped shipping its products through Venice, Illinois. The petitioners alleged that because the subject firm provided services to a customer who in its turn provided services to another customer producing automobiles and which might be import impacted; workers of the subject firm should be eligible for Trade Adjustment Assistance. The nature of the work involved is not an issue in ascertaining whether the petitioning workers are eligible for trade adjustment assistance, but whether they produced an article within the meaning of section 222 of the Trade Act of 1974. The fact that workers of the subject firm performed services for customers, which produces articles, does not imply production of an article within the meaning of Section 222. The investigation revealed that the workers of Road & Rail Services, Venice, Illinois performed railcar maintenance for a local railroad and did not support production. These functions, as described above, are not considered production of an article within the meaning of Section 222 of the Trade Act of 1974. The petitioner did not supply facts not previously considered; nor provide additional documentation indicating that there was either (1) a mistake in the determination of facts not previously considered or (2) a misinterpretation of facts or of the law justifying reconsideration of the initial determination. After careful review of the request for reconsideration, the Department determines that 29 CFR 90.18(c) has not been met. 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. Signed in Washington, DC, this 12th day of March 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–6242 Filed 3–20–09; 8:45 am] BILLING CODE 4510–FN–P PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Employment and Training Administration [TA-W–64,321] Olympic Panel Products, Shelton, WA; Notice of Revised Determination on Reconsideration On January 23, 2009, the Department issued an Affirmative Determination Regarding Application on Reconsideration applicable to workers and former workers of the subject firm. The notice was published in the Federal Register on February 10, 2009 (74 FR 6651). The initial investigation initiated on October 31, 2008, resulted in a negative determination issued on December 12, 2008, was based on the finding that imports of overlay plywood did not contribute importantly to worker separations at the subject firm and no shift in production to a foreign source occurred. The denial notice was published in the Federal Register on December 30, 2008 (73 FR 79915). On reconsideration, the Department requested an additional list of customers of the subject firm and conducted a customer survey to determine whether imports of overlay plywood negatively impacted employment at the subject firm. The survey of the major declining customers revealed that the customers increased their reliance on imported overlay plywood from 2006 to 2007 and during January through September 2008 over the corresponding 2007 period. In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance (ATAA) for older workers. In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the 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 additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with E:\FR\FM\23MRN1.SGM 23MRN1 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices those produced at Olympic Panel Products, Shelton, Washington, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification: ‘‘All workers of Olympic Panel Products, Shelton, Washington, who became totally or partially separated from employment on or after October 22, 2007, through two years from the date of this certification, are eligible to apply for adjustment assistance 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 in Washington, DC, this 11th day of March 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–6237 Filed 3–20–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–65,476] Valentine Tool and Stamping, Inc., Norton, MA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 4, 2009 in response to a worker petition filed by the company official on behalf of workers of Valentine Tool and Stamping, Inc., Norton, Massachusetts. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 10th day of March 2009. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–6234 Filed 3–20–09; 8:45 am] BILLING CODE NATIONAL SCIENCE FOUNDATION dwashington3 on PROD1PC60 with NOTICES Notice of Intent To Seek Approval To Reinstate With Revision an Information Collection National Science Foundation. Notice and request for comments. AGENCY: ACTION: SUMMARY: The National Science Foundation (NSF) is announcing plans to request reinstatement of this VerDate Nov<24>2008 15:28 Mar 20, 2009 Jkt 217001 collection. In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (Pub. L. 104–13), we are providing an opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting that OMB approve clearance of this collection for no longer than 3 years. DATES: Written comments on this notice must be received by May 22, 2009 to be assured of consideration. Comments received after that date will be considered to the extent practicable. ADDRESSES: Written comments regarding the information collection and requests for copies of the proposed information collection request should be addressed to Suzanne Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Blvd., Rm. 295, Arlington, VA 22230, or by e-mail to splimpto@nsf.gov. FOR FURTHER INFORMATION CONTACT: Contact Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230; telephone (703) 292–7556; or send email to splimpto@nsf.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. SUPPLEMENTARY INFORMATION: Title of Collection: Persons with Disabilities Majoring in Science, Engineering, Math and Technology. OMB Approval Number: 3145–0164. Expiration Date of Approval: Not applicable. Type of Request: Intent to seek approval to reinstate an information collection for three years. Abstract: The National Science Foundation (NSF) requests a reinstatement of the information collection for the Program for Persons with Disabilities, now called the Research in Disabilities Education (RDE) program. This on-line, annual data collection will describe and track the impact of RDE program funding on Nation’s science, technology, engineering and mathematics (STEM) education and STEM workforce. NSF funds grants, contracts, and cooperative agreements to colleges, universities, and other eligible institutions, and provides graduate research fellowships to individuals in all parts of the United States and internationally. The Directorate for Education and Human Resources (EHR), a unit within NSF, promotes rigor and PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 12153 vitality within the Nation’s STEM education enterprise to further the development of the 21st century’s STEM workforce and public scientific literacy. EHR does this through diverse projects and programs that support research, extension, outreach, and hands-on activities serving STEM learning and research at all institutional (e.g. preschool through postdoctoral) levels in formal and informal settings; and individuals of all ages (birth and beyond). The RDE program focuses specifically on broadening the participation and achievement of people with disabilities in all fields of STEM education and associated professional careers. The RDE program has been funding this objective since 1994 under the prior name Program for Persons with Disabilities. Particular emphasis is placed on contributing to the knowledge base by addressing disability related differences in secondary and postsecondary STEM learning and in the educational, social and pre-professional experiences that influence student interest, academic performance, retention in STEM degree programs, STEM degree completion, and career choices. Research and demonstration projects also investigate effective practices for transitioning students with disabilities across critical academic junctures, retaining students in undergraduate and graduate STEM degree programs, and graduating students with STEM associate, baccalaureate and graduate degrees. Research, demonstration, and enrichment project results inform the delivery of innovative, transformative and successful practices employed by the Alliances for Students with Disabilities in STEM to increase the number of students with disabilities completing associate, undergraduate and graduate degrees in STEM and to increase the number of students with disabilities entering our nation’s science and engineering workforce. RDE projects contribute to closing the gaps occurring for people with disabilities in STEM fields by successfully disseminating findings, project evaluation results, and proven good practices and products to the public. The original information collection, approved by OMB in 1996, surveyed three groups of students: Students with disabilities in STEM fields, students with disabilities in other fields, and students without disabilities in STEM fields. These data allowed NSFD to understand more fully the population of students with disabilities in STEM fields and the issues they faced. The collection that will be submitted for E:\FR\FM\23MRN1.SGM 23MRN1

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[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Pages 12152-12153]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6237]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,321]


Olympic Panel Products, Shelton, WA; Notice of Revised 
Determination on Reconsideration

    On January 23, 2009, the Department issued an Affirmative 
Determination Regarding Application on Reconsideration applicable to 
workers and former workers of the subject firm. The notice was 
published in the Federal Register on February 10, 2009 (74 FR 6651).
    The initial investigation initiated on October 31, 2008, resulted 
in a negative determination issued on December 12, 2008, was based on 
the finding that imports of overlay plywood did not contribute 
importantly to worker separations at the subject firm and no shift in 
production to a foreign source occurred. The denial notice was 
published in the Federal Register on December 30, 2008 (73 FR 79915).
    On reconsideration, the Department requested an additional list of 
customers of the subject firm and conducted a customer survey to 
determine whether imports of overlay plywood negatively impacted 
employment at the subject firm.
    The survey of the major declining customers revealed that the 
customers increased their reliance on imported overlay plywood from 
2006 to 2007 and during January through September 2008 over the 
corresponding 2007 period.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the 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 additional facts obtained on 
reconsideration, I conclude that increased imports of articles like or 
directly competitive with

[[Page 12153]]

those produced at Olympic Panel Products, Shelton, Washington, 
contributed importantly to the declines in sales or production and to 
the total or partial separation of workers at the subject firm. In 
accordance with the provisions of the Act, I make the following 
certification:

    ``All workers of Olympic Panel Products, Shelton, Washington, 
who became totally or partially separated from employment on or 
after October 22, 2007, through two years from the date of this 
certification, are eligible to apply for adjustment assistance 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 in Washington, DC, this 11th day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-6237 Filed 3-20-09; 8:45 am]
BILLING CODE 4510-FN-P