National Briquetting Corporation, a Subsidiary of Harsco, Also Known as Performix East Chicago, East Chicago, IN; Notice of Negative Determination Regarding Application for Reconsideration, 30073-30074 [2010-12897]

Download as PDF Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices TA–W–73,044: Avaya Inc., Avaya Worldwide Services Group, Global Support Services (GSS) Organization, Coppell, TX TA–W–73,051: Maco, Inc., Shelby, NC TA–W–73,115: Solvay Advanced Polymers, Marietta, OH TA–W–73,188: Hagemeyer North America, working on Site at Cummis Filtration, Lake Mills, IA TA–W–73,439: A&S Building Systems, A Division NCI Building Systems, Inc., Rocky Mount, NC TA–W–73,572: Track Corporation, Spring Lake, MI TA–W–73,580: Rotodie Company, Inc., dba Rotometrics, Meadows of Dan, VA TA–W–73,653: Heartland Companies, LTD., San Francisco, CA TA–W–73,678: NPA Coatings, Inc., Leased from New United Motor Manufacturing, Inc., Fremont, CA TA–W–73,699: ABM Janitorial, Sacramento, CA TA–W–73,720: Apria Healthcare, Irving, TX TA–W–73,852: General Motors Corporation, Vehicle Manufacturing Division, Shreveport Assembly Plant, Shreveport, LA TA–W–73,858: Hugo Boss Cleveland, Inc., Brooklyn, OH Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance jlentini on DSKJ8SOYB1PROD with NOTICES TA–W–73,328: Sandy Corporation, General Physics Corporation, Troy, MI TA–W–73,369: Key Energy Pressure Pumping Services, LLC, Midland, TX TA–W–73,407: Express Energy Services Operating, L.P., San Angelo, Texas Division, San Angelo, TX TA–W–73,454: Ickes Chevrolet Cadillac Company, Inc., Robinson, IL TA–W–73,521A: Citizens Gas Utility District, Wartburg, TN TA–W–73,521B: Citizens Gas Utility District, Deerlodge, TN TA–W–73,521: Citizens Gas Utility District, Helenwood, TN TA–W–73,536: Allstate Insurance Company, Altoona Express Market Claim Office, Kelly, Altoona, PA TA–W–73,597: Tandy Brands Accessories, Inc., Yoakum Distribution Center, Yoakum, TX TA–W–73,784A: Ferrania USA, Inc., D/B/A Ferrania Technologies, St. Paul, MN TA–W–73,784: Ferrania USA, Inc., D/B/A Ferrania Technologies, Weatherford, OK TA–W–73,785: Ferrania USA, Inc., D/B/A Ferrania Technologies, Murrow, OH TA–W–73,786: Ferrania USA, Inc., D/B/A Ferrania Technologies, Lake Worth, FL TA–W–73,787: Ferrania USA, Inc., D/B/A Ferrania Technologies, Eagan, MN I hereby certify that the aforementioned determinations were issued during the period of April 26, 2010 through May 7, 2010. Copies of these determinations may be requested under the Freedom of Information Act. Requests may be submitted by fax, courier services, or mail to FOIA Disclosure Officer, Office of Trade Adjustment Assistance (ETA), U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 or to foiarequest@dol.gov. These determinations also are available on the Department’s Web site at http:// www.doleta.gov/tradeact under the searchable listing of determinations. After notice of the petitions was published in the Federal Register and on the Department’s Web site, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions. The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn. TA–W–70,982: Rexam Beverage Can Company, Oklahoma City, OK TA–W–71,468: Electronic Data Systems, Auburn Hills, MI TA–W–71,718: DSFI, Honesdale, PA TA–W–71,984: Seagroatt Floral Company, Inc., Albany, NY TA–W–72,255: Optimal, Inc. and Populus Group, Working on-site at General Motors Tech Center in Warren, MI, Warren, MI TA–W–72,387: Sony Electronics, Inc., Dothan, AL TA–W–72,986: Wardwell Braiding Machine Company, Central Falls, RI TA–W–73,038: Vaquero Services, LP, Godley, TX VerDate Mar<15>2010 17:43 May 27, 2010 Jkt 220001 Dated: May 21, 2010. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 2010–12890 Filed 5–27–10; 8:45 am] BILLING CODE 4510–FN–P PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 30073 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–72,247] National Briquetting Corporation, a Subsidiary of Harsco, Also Known as Performix East Chicago, East Chicago, IN; Notice of Negative Determination Regarding Application for Reconsideration By application dated May 11, 2010, 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 April 16, 2010, and will soon be published in the Federal Register. 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 negative determination of the TAA petition filed on behalf of workers at National Briquetting Corporation, a subsidiary of Harsco, also known as Performix East Chicago, East Chicago, Indiana, was based on the finding that there has been no increase in imports by the subject firm or its customers, or a shift/acquisition to a foreign country by the subject firm; and that the subject firm did not produce an article or supply a service that was used by a firm with a TAA-certified worker group in production of an article that was the basis for TAA certification. In the request for reconsideration the petitioner stated that the workers of the subject firm should be eligible for TAA because of an increase in slag conditioner (another product of the subject firm) being exported to a foreign firm that is one of the subject firm’s primary customers, and that has itself begun to do the processing that had previously been done by the subject firm. However, the conducting by a foreign customer in a foreign country of a production process formerly carried out in the United States by the subject firm cannot be the basis for certification of E:\FR\FM\28MYN1.SGM 28MYN1 30074 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices the subject firm since: (1) The subject firm has not imported the products like and directly competitive with those it formerly produced—the products are being manufactured in an offshore location and, rather than being imported into this country, are being consumed outside of the United States; and (2) the customer itself and not the subject firm has shifted production to an offshore location. 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 14th day of May 2010. Del Min Amy Chen, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 2010–12897 Filed 5–27–10; 8:45 am] BILLING CODE 4519–FN–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (10–061)] NASA Advisory Council; Science Committee; Heliophysics Subcommittee; Meeting jlentini on DSKJ8SOYB1PROD with NOTICES AGENCY: National Aeronautics and Space Administration. ACTION: Notice of meeting. SUMMARY: The National Aeronautics and Space Administration (NASA) announces a meeting of the Heliophysics Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The Meeting will be held for the purpose of soliciting from the scientific community and other persons scientific and technical information relevant to program planning. VerDate Mar<15>2010 17:43 May 27, 2010 Jkt 220001 DATES: Wednesday, June 30, 2010, 9 a.m. to 5:30 p.m.; and Thursday, July 1, 2010, 9 a.m. to 3 p.m. EDT. NASA Headquarters, 300 E Street, SW., Room 3H46, Washington, DC 20546. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Ms. Marian Norris, Science Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358–4452, fax (202) 358–4118, or mnorris@nasa.gov. The meeting will be open to the public up to the capacity of the room. The agenda for the meeting includes the following topics: SUPPLEMENTARY INFORMATION: —Heliophysics Division Overview and Program Status —Senior Review of Operating Missions —Research and Analysis Program —Assessment of Heliophysics Division Science Accomplishments It is imperative that the meeting be held on these dates to accommodate the scheduling priorities of the key participants. Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID, before receiving an access badge. Foreign nationals attending this meeting will be required to provide a copy of their passport, visa, or green card in addition to providing the following information no less than 10 working days prior to the meeting: full name; gender; date/ place of birth; citizenship; visa/green card information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, telephone); title/position of attendee. To expedite admittance, attendees with U.S. citizenship can provide identifying information 3 working days in advance by contacting Marian Norris via e-mail at mnorris@nasa.gov or by telephone at (202) 358–4452. Dated: May 24, 2010. P. Diane Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. 2010–12813 Filed 5–27–10; 8:45 am] BILLING CODE P PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 NUCLEAR REGULATORY COMMISSION [Docket No. 72–9; NRC–2010–0188] Notice of Docketing, Proposed Action, and Opportunity for a Hearing for Renewal of Special Nuclear Material License No. SMN–2504 AGENCY: Nuclear Regulatory Commission. ACTION: Notice. DATES: A request for hearing and/or petition for leave to intervene must be filed no later than 60 days from May 28, 2010. FOR FURTHER INFORMATION CONTACT: Christopher M. Staab, Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. Telephone: (301) 492–3321; fax number: (301) 492–3348; e-mail: christopher.staab@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC or Commission) is considering an application dated November 10, 2009, from the Department of Energy (applicant or DOE) for the renewal of its Special Nuclear Material License No. SNM– 2504, under the provisions of 10 CFR Part 72, for the receipt, possession, storage and transfer of spent fuel, reactor-related Greater than Class C (GTCC) waste and other radioactive materials associated with spent fuel storage at the Fort St. Vrain Independent Spent Fuel Storage Installation (ISFSI), located at the Fort St. Vrain site in Platteville, Colorado. If granted, the renewed license will authorize the applicant to continue to store spent fuel in a dry cask storage system at the applicant’s Fort St. Vrain ISFSI. Pursuant to the provisions of 10 CFR 72.42, the renewal term of the license for the ISFSI would be twenty (20) years. This application was docketed under 10 CFR Part 72; the ISFSI Docket No. is 72–9. An NRC acknowledgment review, documented in an electronic mail to DOE dated December 22, 2009, found that the application contains sufficient information for the NRC staff to begin its technical review. The Commission will approve the license renewal application if it determines that the application meets the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act) and the E:\FR\FM\28MYN1.SGM 28MYN1

Agencies

[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Notices]
[Pages 30073-30074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12897]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-72,247]


National Briquetting Corporation, a Subsidiary of Harsco, Also 
Known as Performix East Chicago, East Chicago, IN; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated May 11, 2010, 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 April 16, 2010, and will 
soon be published in the Federal Register.
    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 negative determination of the TAA petition filed on behalf of 
workers at National Briquetting Corporation, a subsidiary of Harsco, 
also known as Performix East Chicago, East Chicago, Indiana, was based 
on the finding that there has been no increase in imports by the 
subject firm or its customers, or a shift/acquisition to a foreign 
country by the subject firm; and that the subject firm did not produce 
an article or supply a service that was used by a firm with a TAA-
certified worker group in production of an article that was the basis 
for TAA certification.
    In the request for reconsideration the petitioner stated that the 
workers of the subject firm should be eligible for TAA because of an 
increase in slag conditioner (another product of the subject firm) 
being exported to a foreign firm that is one of the subject firm's 
primary customers, and that has itself begun to do the processing that 
had previously been done by the subject firm.
    However, the conducting by a foreign customer in a foreign country 
of a production process formerly carried out in the United States by 
the subject firm cannot be the basis for certification of

[[Page 30074]]

the subject firm since: (1) The subject firm has not imported the 
products like and directly competitive with those it formerly 
produced--the products are being manufactured in an offshore location 
and, rather than being imported into this country, are being consumed 
outside of the United States; and (2) the customer itself and not the 
subject firm has shifted production to an offshore location.
    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 14th day of May 2010.
 Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-12897 Filed 5-27-10; 8:45 am]
BILLING CODE 4519-FN-P