DMAX, LTD, LLC; A Joint Venture Between General Motors and Isuzu Dayton, OH; Notice of Negative Determination Regarding Application for Reconsideration, 65800-65801 [E9-29500]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES 65800 Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Notices None. The following certifications have been issued. The requirements of Section 222(c) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. TA–W–70,158; Miller Welding and Machine Company, Brookville, PA. May 18, 2008 TA–W–70,794; American Appliance Products, Inc., A Subsidiary of SSW Holding Company, Inc., Newport, TN. May 18, 2008 TA–W–70,795; Emitec, Inc., Leased Workers from Marketplace Staffing and Ambassador Staffing, Fountain Inn, SC. May 26, 2008 TA–W–70,955; B and B Engineering, Medford, WI. June 2, 2008 TA–W–71,822; Parker Hannifin Corporation, Mobile Climate Systems Division, Lyons, NY. July 23, 2008 TA–W–71,888; Duffy Tool and Stamping, LLC, Leased Workers from Staffmark, Muncie, IN. July 29, 2008 TA–W–72,019; Superior Plastics, LLC, Rochester, MI. August 11, 2008 TA–W–72,156; West Allis Ductile Iron, A Sub. of Metal Technologies, Inc., Leased Workers from Sourcepoint Staffing, West Allis, WI. August 27, 2008 TA–W–72,182; Worthington Steel, Monroe Division, Monroe, OH. August 15, 2008 TA–W–72,242; Anchor Coupling, Inc., Leased Workers from Manpower, Chambersburg, PA. September 3, 2008 TA–W–70,033; Fielder Electric Motor Repair, Inc., Galax, VA. May 18, 2008 TA–W–70,288; Russell Brands, LLC, Russell Athletic Division, Atlanta, GA. May 18, 2009 TA–W–70,604; Accretech USA, Inc., Tokyo Seimitsu Co. Ltd, Boise, ID. May 18, 2008 The following certifications have been issued. The requirements of Section 222(c) (downstream producer for a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. TA–W–70,474; Samuel Steel Pickling Company, Twinsburg, OH. May 18, 2008 TA–W–71,173; Penske Logistics, LLC, A Subsidiary of Penske Truck Leasing Co., Leased Workers of Staffmark, Oxford, MS. June 11, 2008 TA–W–71,531; Newton Transportation Company, Inc., Leased Workers from Pad Leasing Associates, Hudson, NC. July 2, 2008 The following certifications have been issued. The requirements of Section VerDate Nov<24>2008 17:33 Dec 10, 2009 Jkt 220001 222(f) (firms identified by the International Trade Commission) of the Trade Act have been met. TA–W–71,685; Goodyear Tire and Rubber Company, Akron Innovation Center Manufacturing, Akron Tech Center, Akron, OH. June 25, 2008 Negative Determinations for Worker Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. The investigation revealed that the criterion under paragraph (a)(1), or (b)(1), or (c)(1) (employment decline or threat of separation) of section 222 has not been met. None. The investigation revealed that the criteria under paragraphs (a)(2)(A)(i) (decline in sales or production, or both) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met. None. The investigation revealed that the criteria under paragraphs(a)(2)(A) (increased imports) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met. TA–W–70,202; Eaton Corporation, Searcy, AR. TA–W–70,444; Richland Manufacturing, Subsidiary of Eagle Wings Industries, Inc., Olney, IL. TA–W–70,713; ConocoPhillips Company, Research and Development Group, Shared Services Division, Ponca City, OK. TA–W–71,174; General Electric Company, Transportation Division, Erie, PA. TA–W–71,251; Ancor Specialties, Hoeganaes Corporation, Ridgway, PA. TA–W–71,757; Elkhart Brass Manufacturing Company, Inc., Shreve, OH. TA–W–71,890; Camel MFG, Jamestown, TN. TA–W–72,166; Gera Tool and Die Inc., St. Marys, PA. TA–W–70,358; Eudora Garment Corporation, Eudora, AR. TA–W–70,976; Job Works Inc., Fort Wayne, IN. TA–W–71,089; Cowin and Company, Inc., Birmingham, AL. TA–W–71,514; Lexington Home Brands, Lumber Yard Division, Thomasville, NC. TA–W–71,776; Marion and Son Landscape Services LLC, Ararat, VA. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 TA–W–71,858; Maritz Holdings, Inc., Maritz Learning, Fenton, MO. TA–W–71,860; Cenveo Colorhouse, Minneapolis, MN. TA–W–71,870; Highlander Energy Products Inc., Kane, PA. TA–W–72,026; Pinnacle Airlines, Inc., Evansville, Indiana Division, Memphis, TN. TA–W–70,047; Superior Fabrication Company, LLC, Kincheloe, MI. The investigation revealed that the criteria under paragraphs (b)(2) and (b)(3) (public agency acquisition of services from a foreign country) of section 222 have not been met. None. The investigation revealed that criteria of Section 222(c)(2) has not been met. The workers’ firm (or subdivision) is not a Supplier to or a Downstream Producer for a firm whose workers were certified as eligible to apply for TAA. None. I hereby certify that the aforementioned determinations were issued during the period of October 5 through October 16, 2009. Copies of these determinations are available for inspection in Room N–5428, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: December 4, 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–29504 Filed 12–10–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–70,466] DMAX, LTD, LLC; A Joint Venture Between General Motors and Isuzu Dayton, OH; Notice of Negative Determination Regarding Application for Reconsideration By application dated November 6, 2009, International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers—Communications Workers of America (IUE–CWA), Local 755 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 October 29, 2009 and will soon be published in the Federal Register. E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES 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 initial investigation resulted in a negative determination, based on the finding that imports of light duty diesel engines did not contribute to worker separations at the subject facility and there was no shift in production from the subject firm to foreign country during the period under investigation. The petitioner stated that General Motors is ‘‘getting out of the light truck business’’ and that the workers of the subject firm should be eligible for TAA due to the changes in the program. The investigation revealed that workers of DMAX Ltd., LLC, Dayton, Ohio produced light duty diesel engines. The investigation also revealed that worker separations at the subject facility were not caused by increased imports of light duty diesel engines into the United States nor by a shift in production of light duty diesel engines from the subject facility to a foreign country. DMAX, Ltd, LLC did not import light duty diesel engines and did not shift production abroad. The Department surveyed subject firm’s major customer regarding its purchases of light duty diesel engines in 2007, 2008, January through May 2008 and January through May 2009. The survey revealed no imports during the relevant period. 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 VerDate Nov<24>2008 17:33 Dec 10, 2009 Jkt 220001 Labor’s prior decision. Accordingly, the application is denied. Signed in Washington, DC, this 2nd day of December, 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–29500 Filed 12–10–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–70,406] Greenville Metals, Inc., Powder Division, Transfer, PA; Notice of Revised Determination on Reconsideration On October 20, 2009, the Department issued an Affirmative Determination Regarding Application for Reconsideration applicable to workers and former workers of the subject firm. The notice was published in the Federal Register on November 5, 2009 (74 FR 57333). The initial investigation initiated on May 22, 2009, resulted in a negative determination issued on September 28, 2009, was based on the finding that imports of powdered metals 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 November 17, 2009 (74 FR 59255). On reconsideration, the Department requested additional information from the subject firm’s largest customer to determine whether imports of powdered metals negatively impacted employment at the subject firm. The survey of the major declining customer revealed that the customer directly incorporated powdered metals purchased from the subject firm into powdered core. The investigation further revealed that the largest customer shifted purchases of powdered metals from the subject firm to sources in South East Asia in September 2008. Furthermore, this customer increased its imports of powdered core containing foreign-manufactured powdered metals during the relevant period and this increase in imports contributed importantly to the workers’ separation at Greenville Metals, Inc., Powder Division, Transfer, Pennsylvania. The investigation also revealed that sales, production and employment at the subject firm declined during the relevant period. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 65801 Conclusion After careful review of the additional facts obtained on reconsideration, I determine that workers of Greenville Metals, Inc., Powder Division, Transfer, Pennsylvania, who are engaged in activities related to the production of powdered metals 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 Greenville Metals, Inc., Powder Division, Transfer, Pennsylvania, who became totally or partially separated from employment on or after May 19, 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 24th day of November 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–29512 Filed 12–10–09; 8:45 am] BILLING CODE 4510–FN–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (09–107)] Government-Owned Inventions, Available for Licensing AGENCY: National Aeronautics and Space Administration. ACTION: Notice of Availability of Inventions for Licensing. SUMMARY: Patent applications on the inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark Office, and are available for licensing. DATES: December 11, 2009. FOR FURTHER INFORMATION CONTACT: Mark W. Homer, Patent Counsel, NASA Management Office—JPL, 4800 Oak Grove Drive, Mail Stop 180–200, Pasadena, CA 91109; telephone (818) 354–7770. NASA Case No.: NPO–45948–1: Monolithic Afocal Telescope; NASA Case No.: NPO–45911–1: Method to Improve Indium Bump bonding Via Indium Oxide Removal Using a MultiStep Plasma Process; NASA Case No.: NPO–46843–1: Metal Patch Antenna; E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65800-65801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29500]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,466]


DMAX, LTD, LLC; A Joint Venture Between General Motors and Isuzu 
Dayton, OH; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated November 6, 2009, International Union of 
Electronic, Electrical, Salaried, Machine and Furniture Workers--
Communications Workers of America (IUE-CWA), Local 755 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 October 29, 2009 and will 
soon be published in the Federal Register.

[[Page 65801]]

    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 initial investigation resulted in a negative determination, 
based on the finding that imports of light duty diesel engines did not 
contribute to worker separations at the subject facility and there was 
no shift in production from the subject firm to foreign country during 
the period under investigation.
    The petitioner stated that General Motors is ``getting out of the 
light truck business'' and that the workers of the subject firm should 
be eligible for TAA due to the changes in the program.
    The investigation revealed that workers of DMAX Ltd., LLC, Dayton, 
Ohio produced light duty diesel engines. The investigation also 
revealed that worker separations at the subject facility were not 
caused by increased imports of light duty diesel engines into the 
United States nor by a shift in production of light duty diesel engines 
from the subject facility to a foreign country. DMAX, Ltd, LLC did not 
import light duty diesel engines and did not shift production abroad. 
The Department surveyed subject firm's major customer regarding its 
purchases of light duty diesel engines in 2007, 2008, January through 
May 2008 and January through May 2009. The survey revealed no imports 
during the relevant period.
    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 2nd day of December, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-29500 Filed 12-10-09; 8:45 am]
BILLING CODE 4510-FN-P