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]

Download as PDF 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 VerDate Nov<24>2008 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, PO 00000 Frm 00071 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 E:\FR\FM\20OCN1.SGM 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 PO 00000 Frm 00072 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