International Business Machines Corporation, IBM Integrated Supply Chain Operations, Hopewell Junction, NY; Notice of Negative Determination Regarding Application for Reconsideration, 15751-15752 [E9-7797]
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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
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17:13 Apr 06, 2009
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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.
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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
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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
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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
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]]>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
