International Business Machines Corporation, IBM Integrated Supply Chain Operations, Hopewell Junction, NY; Notice of Negative Determination Regarding Application for Reconsideration, 15751-15752 [E9-7797]

Download as PDF Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395–5806. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —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 agencies 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 —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information: (1) Type of information collection: Generic clearance for methodological research on the National Crime Victimization Survey. (2) Title of the Form/Collection: National Crime Victimization Survey. (3) Agency form number, if any, and the applicable component of the department sponsoring the collection: n/a. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Persons ages 12 or older are eligible for participation in the NCVS. This generic clearance will cover methodological research that will use existing or new sampled households with the same ages of respondents currently used in the NCVS. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: Approximately 15,260 persons ages 18 or older will participate VerDate Nov<24>2008 17:13 Apr 06, 2009 Jkt 217001 in this methodological research. The time for each respondent to participate will vary based on the study component. (6) An estimate of the total public burden (in hours) associated with the collection: The total respondent burden is approximately 16,340 hours for the three years of this clearance. If additional information is required contact: Lynn Bryant, Department Deputy Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, United States Department of Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: April 2, 2009. Lynn Bryant, Department Deputy Clearance Officer, United States Department of Justice. [FR Doc. E9–7815 Filed 4–6–09; 8:45 am] BILLING CODE 4410–18–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–65,027; TA–W–65,027A; TA–W– 65,027B] Davis-Standard LLC, Pawcatuck, CT, Including Off-Site Employees in Support of Davis-Standard LLC, Pawcatuck, CT, Working at Various Locations in Plainfield, IL and Westerville, OH; 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 9, 2009, applicable to workers of Davis-Standard LLC, Pawcatuck, Connecticut. The notice was published in the Federal Register on March 3, 2009 (74 FR 4387). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in activities related to the production of plastic extrusion machinery. New information shows that worker separations have occurred involving offsite employees in support and under the control of Davis-Standard LLC, Pawcatuck, Connecticut at various locations. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 15751 Based on these findings, the Department is amending this certification to include Mr. Roger Clarke, working out of Plainfield, Illinois and Mr. Ronald Allbritton, working out of Westerville, Ohio. The intent of the Department’s certification is to include all workers of the subject firm who were adversely affected by increased imports of plastic extrusion machinery following the shift of production to China and the United Kingdom. The amended notice applicable to TA–W–65,027 is hereby issued as follows: All workers of Davis-Standard LLC, Pawcatuck, Connecticut, including employees in support of Davis-Standard LLC, Pawcatuck, Connecticut at various locations in the following states: Plainfield, Illinois (TA–W–65,027A) and Westerville, Ohio (TA– W–65,027B), who became totally or partially separated from employment on or after January 27, 2008, through February 9, 2011, 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 30th day of March 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7792 Filed 4–6–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,383] International Business Machines Corporation, IBM Integrated Supply Chain Operations, Hopewell Junction, NY; Notice of Negative Determination Regarding Application for Reconsideration By application dated February 21, 2009, the petitioner requested administrative reconsideration of the Department’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA), applicable to workers and former workers of the subject firm. The denial notice was signed on January 2, 2009 and published in the Federal Register on January 26, 2009 (74 FR 4464). 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 E:\FR\FM\07APN1.SGM 07APN1 15752 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices 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 the workers of International Business Machines Corporation, IBM Integrated Supply Chain Operations, Hopewell Junction, New York was based on the findings that the worker group did not produce an article within the meaning of Section 222 of the Trade Act of 1974. The investigation revealed that workers of the subject firm provided internal maintenance and development services for various Web based applications. The investigation further revealed that no production of article(s) occurred within the firm or appropriate subdivision during the relevant period. The petitioner in the request for reconsideration contends that the Department erred in its interpretation of the work performed by the workers of the subject firm. The petitioner states that from 1996 to 2007 the workers of the subject firm developed applications that ‘‘were being deployed in China for education and financial purposes’’. The petitioner also indicates that the workers maintained and created applications for customers. When assessing eligibility for TAA, the Department exclusively considers production and import impact during the relevant time period (one year prior to the date of the petition). Events occurring between 1996 and October 2007 are outside of the relevant time period as established by the petition date of November 4, 2008, and thus cannot be considered in this investigation. The investigation revealed that during the relevant period, the workers of International Business Machines Corporation, IBM Integrated Supply Chain Operations, Hopewell Junction, New York managed existing applications in the IBM Procurement portfolio that were used internally for purposes such as invoice support, Web orders, and procurement. These functions, as described above, are not considered production of an article within the meaning of Section 222 of the Trade Act. While the provision of services may result in printed material or can be stored electronically, it is incidental to the provision of these services. No production took place at the subject VerDate Nov<24>2008 17:13 Apr 06, 2009 Jkt 217001 facility, nor did the workers support production of an article at any domestic location during the relevant period. The petitioner also alleges that job functions have been shifted from the subject firm to China. The allegation of a shift to another country might be relevant if it was determined that workers of the subject firm produced an article. However, the investigation determined that workers of International Business Machines Corporation, IBM Integrated Supply Chain Operations, Hopewell Junction, New York do not produce an article within the meaning of Section 222 of the Trade Act of 1974. 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 24th day of March 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7797 Filed 4–6–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,401] Qimonda 200 MM Facility, Including On-Site Leased Workers From Tokyo Electron America, Nikon Precision, Inc. and Air Products and Chemicals, Inc., and Qimonda North America Corporation, Qimonda Richmond, a Subsidiary of Qimonda AG, Sandston, VA; 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 December 11, 2008, applicable to workers of Qimonda 200 MM Facility, Sandston, Virginia. The notice was published in the Federal Register on December 30, 2008 (73 FR 79914). The certification was amended on February 10, 2009 and March 3, 2009 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 to include on-site leased workers of Tokyo Electron America, Nikon Precision and Ebara Technologies. These notices were published in the Federal Register on February 23, 2009 (74 FR 8111) and March 11, 2009 (74 FR 10619) respectfully. At the request of the subject firm, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of DRAM semiconductor wafers. The company reports that worker separations occurred at Qimonda North America Corporation, Qimonda Richmond, a subsidiary of Qimonda AG, and are on-site with the Qimonda 200 MM Facility. Workers of the Qimonda 200 MM Facility and workers of Qimonda North America Corporation are not separately identifiable by product line (DRAM semiconductor wafers). New Information also shows that workers leased from Air Products and Chemicals, Inc. were employed on-site at the Sandston, Virginia location of Qimonda 200 MM Facility. The Department has determined that these workers were sufficiently under the control of the subject form to be considered leased workers. Based on these findings, the Department is amending this certification to include all on-site workers of Qimonda North America Corporation, Qimonda Richmond, a subsidiary of Qimonda AG and to include leased workers from Air Products and Chemicals, Inc. working on-site at the Sandston, Virginia location of the subject firm. The amended notice applicable to TA–W–64,401 is hereby issued as follows: All workers of Qimonda 200 MM Facility, including on-site leased workers from Tokyo Electron America, Nikon Precision, Inc., and Air Products and Chemicals, Inc., Sandston, Virginia, and including on-site workers of Qimonda North America Corporation, Qimonda Richmond, a subsidiary of Qimonda AG, Sandston, Virginia who became totally or partially separated from employment on or after November 11, 2007 through December 11, 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 31st day of March 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7798 Filed 4–6–09; 8:45 am] BILLING CODE 4510–FN–P E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15751-15752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7797]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,383]


International Business Machines Corporation, IBM Integrated 
Supply Chain Operations, Hopewell Junction, NY; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated February 21, 2009, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on January 2, 2009 and published in the 
Federal Register on January 26, 2009 (74 FR 4464).
    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

[[Page 15752]]

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 the 
workers of International Business Machines Corporation, IBM Integrated 
Supply Chain Operations, Hopewell Junction, New York was based on the 
findings that the worker group did not produce an article within the 
meaning of Section 222 of the Trade Act of 1974. The investigation 
revealed that workers of the subject firm provided internal maintenance 
and development services for various Web based applications. The 
investigation further revealed that no production of article(s) 
occurred within the firm or appropriate subdivision during the relevant 
period.
    The petitioner in the request for reconsideration contends that the 
Department erred in its interpretation of the work performed by the 
workers of the subject firm. The petitioner states that from 1996 to 
2007 the workers of the subject firm developed applications that ``were 
being deployed in China for education and financial purposes''. The 
petitioner also indicates that the workers maintained and created 
applications for customers.
    When assessing eligibility for TAA, the Department exclusively 
considers production and import impact during the relevant time period 
(one year prior to the date of the petition). Events occurring between 
1996 and October 2007 are outside of the relevant time period as 
established by the petition date of November 4, 2008, and thus cannot 
be considered in this investigation.
    The investigation revealed that during the relevant period, the 
workers of International Business Machines Corporation, IBM Integrated 
Supply Chain Operations, Hopewell Junction, New York managed existing 
applications in the IBM Procurement portfolio that were used internally 
for purposes such as invoice support, Web orders, and procurement.
    These functions, as described above, are not considered production 
of an article within the meaning of Section 222 of the Trade Act. While 
the provision of services may result in printed material or can be 
stored electronically, it is incidental to the provision of these 
services. No production took place at the subject facility, nor did the 
workers support production of an article at any domestic location 
during the relevant period.
    The petitioner also alleges that job functions have been shifted 
from the subject firm to China.
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
However, the investigation determined that workers of International 
Business Machines Corporation, IBM Integrated Supply Chain Operations, 
Hopewell Junction, New York do not produce an article within the 
meaning of Section 222 of the Trade Act of 1974.

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 24th day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-7797 Filed 4-6-09; 8:45 am]
BILLING CODE 4510-FN-P