Performance Fibers Operations, Inc., Salisbury Plant, Including On-Site Leased Workers From Mundy Maintenance Services and Operations and UTi Integrated Logistics, Formerly Known as Standard Corporation; Salisbury, NC; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance, 53767-53768 [E9-25148]
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Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices
Signed in Washington, DC, this 29th day of
September 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–25157 Filed 10–19–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–70,028]
cprice-sewell on DSKGBLS3C1PROD with NOTICES
Three Rivers Timber, Inc.; Kamiah, ID;
Notice of Revised Determination on
Reconsideration
By application dated September 15,
2009, a company official requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility for workers and
former workers of the subject firm to
apply for Trade Adjustment Assistance
(TAA).
The initial investigation resulted in a
negative determination signed on
September 4, 2009, was based on the
finding that imports of softwood lumber
did not contribute importantly to
worker separations at the subject firm
and there was no shift in production of
softwood lumber from the subject firm
abroad. The denial notice will soon be
published in the Federal Register.
In the request for reconsideration, the
petitioner requested the Department of
Labor conduct further analysis of the
data reported by the customers of the
subject firm and imports that are like or
directly competitive with softwood
lumber.
The Department further reviewed
responses of a sample customer survey
conducted during the initial
investigation. On further analysis, it has
been determined that the survey
revealed that customers increased their
reliance on imported softwood lumber,
while decreasing their purchases from
the subject firm from 2007 to 2008.
The investigation also revealed that
employment, sales and production at
Three Rivers Timber, Inc., Kamiah,
Idaho declined absolutely during the
relevant period.
Furthermore, it was determined that
increased reliance on imports of
softwood lumber by the customers of
the subject firm contributed importantly
to the worker group separation and
sales/production declines at Three
Rivers Timber, Inc. in Kamiah, Idaho.
Conclusion
After careful review of the additional
facts obtained on reconsideration, I
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14:46 Oct 19, 2009
Jkt 220001
determine that workers of Three Rivers
Timber, Inc., Kamiah, Idaho, who are
engaged in activities related to the
production of softwood lumber meet the
worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C.
2272(a). In accordance with Section 223
of the Act, 19. U.S.C. 2273, I make the
following certification:
All workers of Three Rivers Timber, Inc.,
Kamiah, Idaho, who became totally or
partially separated from employment on or
after May 18, 2008, through two years from
the date of this certification, and all workers
in the group threatened with total or partial
separation from employment on date of
certification through two years from the date
of certification, are eligible to apply for
adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
Signed in Washington, DC, this 7th day of
October 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–25150 Filed 10–19–09; 8:45 am]
BILLING CODE 4510–FN–P
53767
Clarinda, Iowa to be included in the
certification determination established
for the subject firm.
Based on these findings, the
Department is amending this
certification to include workers from
Brandon Hall working on-site at the
Clarinda, Iowa location of H&H Trailer
Company.
The amended notice applicable to
TA–W–65,216 is hereby issued as
follows:
All workers of H&H Trailer Company,
including on-site workers from Brandon Hall,
Clarinda, Iowa, who became totally or
partially separated from employment on or
after February 10, 2008 through February 25,
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 8th day of
October 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–25147 Filed 10–19–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
DEPARTMENT OF LABOR
[TA–W–65,216]
Employment and Training
Administration
H&H Trailer Company, Including OnSite Workers From Brandon Hall;
Clarinda, IA; 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 25, 2009,
applicable to workers of H&H Trailer
Company, Clarinda, Iowa. The notice
was published in the Federal Register
on March 19, 2009 (74 FR 11757).
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 trailers.
New information shows that workers
from Brandon Hall were employed onsite to provide hauling services for the
Clarinda, Iowa location of H&H Trailer
Company. The Department has
determined that these workers were
sufficiently under the control and in
support of H&H Trailer Company,
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Fmt 4703
Sfmt 4703
[TA–W–70,812]
Performance Fibers Operations, Inc.,
Salisbury Plant, Including On-Site
Leased Workers From Mundy
Maintenance Services and Operations
and UTi Integrated Logistics, Formerly
Known as Standard Corporation;
Salisbury, NC; Amended Certification
Regarding Eligibility To Apply for
Worker Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended (‘‘Act’’),
19 U.S.C. 2273, the Department of Labor
issued a Certification of Eligibility to
Apply for Worker Adjustment
Assistance on July 7, 2009, applicable to
workers of Performance Fibers
Operations, Inc., Salisbury Plant,
Salisbury, North Carolina. The notice
was published in the Federal Register
on August 19, 2009 (74 FR 41933). The
notice as amended on July 23, 2009 to
include on-site leased workers from
Mundy Maintenance, Services and
Operations, LLC and UTi Integrated
logistics. The notice was published in
the Federal Register on August 5, 2009
(74 FR 39106).
At the request of the State Agency, the
Department reviewed the certification
for workers of the subject firm. The
workers are engaged in the production
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20OCN1
53768
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices
of polyester tire cord and high denier
industrial yarn.
The company reports that UTi
Integrated Logistics, an on-site leasing
firm at the subject firm, was formerly
known as Standard Corporation.
Information also shows that workers
separated from employment from UTi
Integrated Logistics had their wages
reported under a separate
unemployment insurance (UI) tax
account for Standard Corporation.
Accordingly, the Department is
amending this certification to properly
reflect this matter.
The intent of the Department’s
certification is to include all workers of
the subject firm who were adversely
affected as an upstream supplier to a
trade certified primary firm.
The amended notice applicable to
TA–W–70,812 is hereby issued as
follows:
All workers of Performance Fibers
Operations, Inc., Salisbury Plant, including
on-site leased workers from Mundy
Maintenance Services and Operations and
UTi Integrated Logistics, formerly known as
Standard Corporation, Salisbury, North
Carolina, who became totally or partially
separated from employment on or after May
29, 2008 through July 7, 2011, and all
workers in the group threatened with total or
partial separation from employment on date
of certification through two years from the
date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
Signed at Washington, DC, this 7th day of
October 2009
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–25148 Filed 10–19–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–70,477]
cprice-sewell on DSKGBLS3C1PROD with NOTICES
Dell USA LP, Americas Business
Operations Organization; Round Rock,
TX; Notice of Negative Determination
Regarding Application for
Reconsideration
By application sent via facsimile on
September 17, 2009, a 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 August
7, 2009 and published in the Federal
VerDate Nov<24>2008
14:46 Oct 19, 2009
Jkt 220001
Register on September 22, 2009 (74 FR
48304).
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 mis-interpretation of facts or of the
law justified reconsideration of the
decision.
The negative TAA determination
issued by the Department for workers of
Dell USA LP, Americas Business
Operations Organization, Round Rock,
Texas was based on the finding that the
subject firm did not separate or threaten
to separate a significant number or
proportion of workers as required by
Section 222 of the Trade Act of 1974.
The petitioner stated that prior to May
2008 the workers of the subject firm
were part of Global Financial Services
Group at Dell USA. The petitioner
further stated that in May 2008 the
petitioning worker group was
transferred to a different division at Dell
USA and became a part of Americas
Business Operations Group. After the
transition, the workers continued
performing similar functions and were
engaged in activities related to financial
and accounting services.
When assessing eligibility for TAA,
the Department determines whether
each required criterion is met prior to
issuing the determination. In order for
the criteria (a)(2)(A)(i) and 222(c)(1) to
be met, the Department exclusively
considers the relevant employment data
(for one year prior to the date of the
petition and any imminent layoffs) for
the facility where the petitioning worker
group was employed.
In case at hand, the investigation
revealed that employment levels at Dell
USA LP, Americas Business Operations
Organization, Round Rock, Texas did
not decline during the relevant period
and there was no threat of separations.
A significant number or proportion of
the workers in a firm or appropriate
subdivision means at least three workers
in a workforce of fewer than 50 workers,
five percent of the workers in a
workforce of over 50 workers, or at least
50 workers. Therefore, criterion I of
Section 222(a) and criterion (1) of
Section 222(c) of the Act were not met.
The petitioner also alleged that there
was a shift in services provided by the
workers of the subject firm to India and
not to Beijing, China as indicated in the
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Fmt 4703
Sfmt 4703
negative determination document
issued by the Department of Labor.
The allegation of the shift in services
to India would have been relevant if it
was determined that all other criteria
have been met. However, it was
revealed that there was no employment
decline at the subject facility during the
relevant period.
Should conditions change in the
future, the petitioner is encouraged to
file a new petition on behalf of the
worker group which will encompass an
investigative period that will include
these changing conditions.
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 6th day of
October, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–25152 Filed 10–19–09; 8:45 am]
BILLING CODE 4510–FN–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0192; Docket No. 50–244;
Renewed License No. DPR–18]
In the Matter of EDF Development, Inc.,
Constellation Energy Nuclear Group,
LLC; R.E. Ginna Nuclear Power Plant,
LLC (R.E. Ginna Nuclear Power Plant);
Order Approving Application
Regarding Proposed Corporate
Restructuring
I
R.E. Ginna Nuclear Power Plant, LLC
(Ginna, LLC or the licensee) is the
holder of Renewed Facility Operating
License No. DPR–18 which authorizes
the possession, use, and operation of the
R.E. Ginna Nuclear Power Plant (Ginna).
The facility is located at the licensee’s
E:\FR\FM\20OCN1.SGM
20OCN1
]]>Agencies
[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Notices]
[Pages 53767-53768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25148]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-70,812]
Performance Fibers Operations, Inc., Salisbury Plant, Including
On-Site Leased Workers From Mundy Maintenance Services and Operations
and UTi Integrated Logistics, Formerly Known as Standard Corporation;
Salisbury, NC; Amended Certification Regarding Eligibility To Apply for
Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as amended
(``Act''), 19 U.S.C. 2273, the Department of Labor issued a
Certification of Eligibility to Apply for Worker Adjustment Assistance
on July 7, 2009, applicable to workers of Performance Fibers
Operations, Inc., Salisbury Plant, Salisbury, North Carolina. The
notice was published in the Federal Register on August 19, 2009 (74 FR
41933). The notice as amended on July 23, 2009 to include on-site
leased workers from Mundy Maintenance, Services and Operations, LLC and
UTi Integrated logistics. The notice was published in the Federal
Register on August 5, 2009 (74 FR 39106).
At the request of the State Agency, the Department reviewed the
certification for workers of the subject firm. The workers are engaged
in the production
[[Page 53768]]
of polyester tire cord and high denier industrial yarn.
The company reports that UTi Integrated Logistics, an on-site
leasing firm at the subject firm, was formerly known as Standard
Corporation.
Information also shows that workers separated from employment from
UTi Integrated Logistics had their wages reported under a separate
unemployment insurance (UI) tax account for Standard Corporation.
Accordingly, the Department is amending this certification to
properly reflect this matter.
The intent of the Department's certification is to include all
workers of the subject firm who were adversely affected as an upstream
supplier to a trade certified primary firm.
The amended notice applicable to TA-W-70,812 is hereby issued as
follows:
All workers of Performance Fibers Operations, Inc., Salisbury
Plant, including on-site leased workers from Mundy Maintenance
Services and Operations and UTi Integrated Logistics, formerly known
as Standard Corporation, Salisbury, North Carolina, who became
totally or partially separated from employment on or after May 29,
2008 through July 7, 2011, and all workers in the group threatened
with total or partial separation from employment on date of
certification through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2 of Title
II of the Trade Act of 1974, as amended.
Signed at Washington, DC, this 7th day of October 2009
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-25148 Filed 10-19-09; 8:45 am]
BILLING CODE 4510-FN-P
