Specialty Minerals, Inc., Franklin, VA; Notice of Negative Determination Regarding Application for Reconsideration, 52989-52990 [2010-21392]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Notices and copying at the OSHA Docket Office at the address above. FOR FURTHER INFORMATION CONTACT: For press inquiries: MaryAnn Garrahan, OSHA, Office of Communications, U.S. Department of Labor, Room N3647, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–1999. For general information: Ms. Deborah Crawford, OSHA, Directorate of Evaluation and Analysis, U.S. Department of Labor, Room N–3641, 200 Constitution Avenue, NW., Washington DC 20210; telephone: (202) 693–1932; e-mail crawford.deborah@dol.gov. SUPPLEMENTARY INFORMATION: NACOSH will meet Tuesday, September 14 and Wednesday, September 15, 2010, in Washington, DC. NACOSH meetings are open to the public. NACOSH is authorized by section 7(a) of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651, 656) to advise the Secretary of Labor and the Secretary of Health and Human Services on matters relating to the administration of the OSH Act. NACOSH is a continuing advisory body and operates in compliance with provisions in the OSH Act, the Federal Advisory Committee Act (5 U.S.C. App.), and regulations issued pursuant to those laws (29 CFR 1912a, 41 CFR part 102–3). The tentative agenda of the NACOSH meeting will include updates and discussions on the following topics: • Remarks from the Assistant Secretary of Labor for Occupational Safety and Health (OSHA); • Remarks from the Director of the National Institute for Occupational Safety and Health; • OSHA Initiatives: Regulatory, Enforcement and Compliance Assistance; • Update on the Gulf Oil Spill activities; • Enhancing workers’ voice in the workplace; and • Ethics Update. In addition, the Gulf Oil Spill subgroup was formed at the June 8, 2010, NACOSH meeting. The subgroup will meet from 3 p.m. until 4:30 p.m. on September 14, 2010, in Room N3437A/ B/C and report back to the full committee on September 15. NACOSH meetings are transcribed and detailed minutes of the meetings are prepared. Meeting transcripts and minutes are included in the public record of this NACOSH meeting (Docket No. OSHA 2010–0012). Public Participation Interested parties may submit a request to make an oral presentation to VerDate Mar<15>2010 16:28 Aug 27, 2010 Jkt 220001 NACOSH by any one of the methods listed in the ADDRESSES section above. The request must state the amount of time requested to speak, the interest represented (e.g., organization name), if any and a brief outline of the presentation. Requests to address NACOSH may be granted as time permits and at the discretion of the NACOSH chair. Interested parties also may submit comments, including data and other information using any one of the methods listed in the ADDRESSES section above. OSHA will provide all submissions to NACOSH members prior to the meeting. Individuals who need special accommodations to attend the NACOSH meeting should contact Ms. Chatmon using the contact information listed in the ADDRESSES section. Submissions and Access to Meeting Record You may submit comments and requests to speak (1) Electronically, (2) by facsimile, or (3) by hard copy. All submissions, including attachments and other materials, must identify the Agency name and the docket number for this notice (Docket No. OSHA–2010– 0012). You also may supplement electronic submissions by uploading documents electronically. If, instead, you wish to submit hard copies of supplementary documents, you must submit three copies to the OSHA Docket Office using the instructions in the ADDRESSES section above. The additional materials must clearly identify your electronic submission by name, date and docket number. Because of security-related procedures, the use of regular mail may cause a significant delay in the receipt of submissions. For information about security procedures concerning submissions by hand, express delivery, messenger or courier service, please contact the OSHA Docket Office. Meeting transcripts and minutes as well as comments and requests to speak at the NACOSH meeting are included in the public record of the NACOSH meeting (Docket No. OSHA–2010– 0012). Comments and requests to speak are posted without change at http:// www.regulations.gov. Therefore, OSHA cautions interested parties about submitting personal information such as social security numbers and birthdates. Although all submissions are listed in the http://www.regulations.gov index, some documents (e.g., copyrighted materials) are not publicly available to read or download through that webpage. All submissions, including copyrighted PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 52989 material, are available for inspection and copying at the OSHA Docket Office. For information on using http:// www.regulations.gov to make submissions and to access the docket, click on the ‘‘Help’’ tab at the top of the Home page. Contact the OSHA Docket Office for information about materials not available through that webpage and for assistance in using the Internet to locate submissions and other documents in the docket. Electronic copies of this Federal Register notice are available at http://www.regulations.gov. This notice, as well as news releases and other relevant information, is also available on the OSHA webpage at http:// www.osha.gov. Authority and Signature David Michaels, PhD, MPH, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice under the authority granted by section 7 of the Occupational Safety and Health Act of 1970 (U.S.C. 656), 29 CFR 1912a, and Secretary of Labor’s Order No. 5–2007 (71 FR 31160). Signed at Washington, DC, on August 26, 2010. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2010–21680 Filed 8–27–10; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–74,057] Specialty Minerals, Inc., Franklin, VA; Notice of Negative Determination Regarding Application for Reconsideration By applications dated July 9, 2010 and July 16, 2010 (filed by a company official and a worker, respectively), administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of the subject firm was requested. The determination was issued on June 18, 2010. The Department’s Notice of determination was published in the Federal Register on July 1, 2010 (75 FR 38142). The workers produced precipitated calcium carbonate used in the production of paper. Pursuant to 29 CFR 90.18(c), reconsideration may be granted under the following circumstances: E:\FR\FM\30AUN1.SGM 30AUN1 jlentini on DSKJ8SOYB1PROD with NOTICES 52990 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Notices (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 Specialty Chemicals, Inc., Franklin, Virginia, was based on the finding that there was no shift/acquisition of production of precipitated calcium carbonate from the subject firm to a foreign country; nor was there any increase in imports of articles like or directly competitive with precipitated calcium carbonate produced at the subject facility; nor was the component part produced by the subject firm (precipitated calcium carbonate) directly incorporated into a firm’s production of an article that was the basis of a primary TAA certification. The company official’s request for reconsideration stated that the workers of the subject firm should be eligible for TAA because ‘‘our customer, International Paper (IP) Franklin, Virginia is certified as a Primary Producer (see TA–W–70,243). The date of the certification is still within the relevant period for the separations for which benefits are sought.’’ The company official asserts that workers of the subject firm are eligible to apply for TAA as adversely affected secondary workers. The initial investigation revealed that there are two International Paper Company facilities in Franklin, Virginia, that employed workers who are eligible to apply for TAA. Workers at International Paper Company (Lumber Plant) Franklin, Virginia were certified as adversely affected primary workers (TA–W–70,243) and workers at International Paper Company, Franklin Pulp and Paper Mill, Franklin, Virginia were certified as adversely affected secondary workers (TA–W–72,764). The Department believes that the company official misidentified the petition number of International Paper Company, Franklin Pulp and Paper Mill, Franklin, Virginia because, during the initial investigation, the company official confirmed that precipitated calcium carbonate was incorporated into the paper produced by International Paper Company, Franklin Pulp and Paper Mill, Franklin, Virginia and International Paper Company confirmed that the subject firm supplied VerDate Mar<15>2010 16:28 Aug 27, 2010 Jkt 220001 precipitated calcium carbonate to International Paper Company, Franklin Pulp and Paper Mill, Franklin, Virginia. The worker’s request for reconsideration stated that the subject firm is a ‘‘supplier/downstream producer’’ to ‘‘International Paper’’ and ‘‘closed down as a direct result of what happened at the Franklin paper mill.’’ The Department determines that International Paper Company, Franklin Pulp and Paper Mill, Franklin, Virginia is the ‘‘Franklin paper mill.’’ Section 222(c) of the Trade Act of 1974, as amended, states that adversely affected secondary workers must be employed by a firm that is a supplier to a firm that employed a worker group who are adversely affected primary workers. Therefore, the supply of precipitated calcium carbonate to International Paper Company, Franklin Pulp and Paper Mill, Franklin, Virginia cannot be a basis for certification for workers of the subject firm. The petitioners 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 19th day of August, 2010. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2010–21392 Filed 8–27–10; 8:45 am] BILLING CODE 4510–FN–P 10 a.m. to 12 p.m., Wednesday, September 15, 2010. TIME AND DATE: Department of State, 2201 C Street, NW., Washington, DC 20520. PLACE: FOR FURTHER INFORMATION CONTACT: Information on the meeting may be obtained from Melvin F. Williams, Jr., VP/General Counsel and Corporate Secretary via e-mail at corporatesecretary@mcc.gov or by telephone at (202) 521–3600. Meeting will be closed to the STATUS: public. MATTERS TO BE CONSIDERED: The Board of Directors (the ‘‘Board’’) of the Millennium Challenge Corporation (‘‘MCC’’) will hold a meeting to discuss approval of the Jordan Compact; approval of the Selection Criteria & Methodology Report; Compact Development and Portfolio Update; Threshold Program Review Update; and certain administrative matters. The agenda items are expected to involve the consideration of classified information and the meeting will be closed to the public. Dated: August 26, 2010. Melvin F. Williams, Jr., VP/General Counsel and Corporate Secretary, Millennium Challenge Corporation. [FR Doc. 2010–21748 Filed 8–26–10; 4:15 pm] BILLING CODE 9211–03–P MILLENNIUM CHALLENGE CORPORATION [MCC FR 10–07] Report on Countries That Are Candidates for Millennium Challenge Account Eligibility in Fiscal Year 2011 and Countries That Would Be Candidates But For Legal Prohibitions Millennium Challenge Corporation. AGENCY: ACTION: Notice. Section 608(d) of the Millennium Challenge Act of 2003 requires the Millennium Challenge Corporation to publish a report that identifies countries that are ‘‘candidate countries’’ for Millennium Challenge Account assistance during FY 2011. The report is set forth in full below. SUMMARY: MILLENNIUM CHALLENGE CORPORATION [MCC FR 10–08] Notice of the September 15, 2010, Millennium Challenge Corporation Board of Directors Meeting; Sunshine Act Meeting Millennium Challenge Corporation. AGENCY: PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Pages 52989-52990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21392]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-74,057]


Specialty Minerals, Inc., Franklin, VA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By applications dated July 9, 2010 and July 16, 2010 (filed by a 
company official and a worker, respectively), administrative 
reconsideration of the negative determination regarding workers' 
eligibility to apply for Trade Adjustment Assistance (TAA) applicable 
to workers and former workers of the subject firm was requested. The 
determination was issued on June 18, 2010. The Department's Notice of 
determination was published in the Federal Register on July 1, 2010 (75 
FR 38142). The workers produced precipitated calcium carbonate used in 
the production of paper.
    Pursuant to 29 CFR 90.18(c), reconsideration may be granted under 
the following circumstances:

[[Page 52990]]

    (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 Specialty Chemicals, Inc., Franklin, Virginia, was based on 
the finding that there was no shift/acquisition of production of 
precipitated calcium carbonate from the subject firm to a foreign 
country; nor was there any increase in imports of articles like or 
directly competitive with precipitated calcium carbonate produced at 
the subject facility; nor was the component part produced by the 
subject firm (precipitated calcium carbonate) directly incorporated 
into a firm's production of an article that was the basis of a primary 
TAA certification.
    The company official's request for reconsideration stated that the 
workers of the subject firm should be eligible for TAA because ``our 
customer, International Paper (IP) Franklin, Virginia is certified as a 
Primary Producer (see TA-W-70,243). The date of the certification is 
still within the relevant period for the separations for which benefits 
are sought.'' The company official asserts that workers of the subject 
firm are eligible to apply for TAA as adversely affected secondary 
workers.
    The initial investigation revealed that there are two International 
Paper Company facilities in Franklin, Virginia, that employed workers 
who are eligible to apply for TAA. Workers at International Paper 
Company (Lumber Plant) Franklin, Virginia were certified as adversely 
affected primary workers (TA-W-70,243) and workers at International 
Paper Company, Franklin Pulp and Paper Mill, Franklin, Virginia were 
certified as adversely affected secondary workers (TA-W-72,764).
    The Department believes that the company official misidentified the 
petition number of International Paper Company, Franklin Pulp and Paper 
Mill, Franklin, Virginia because, during the initial investigation, the 
company official confirmed that precipitated calcium carbonate was 
incorporated into the paper produced by International Paper Company, 
Franklin Pulp and Paper Mill, Franklin, Virginia and International 
Paper Company confirmed that the subject firm supplied precipitated 
calcium carbonate to International Paper Company, Franklin Pulp and 
Paper Mill, Franklin, Virginia.
    The worker's request for reconsideration stated that the subject 
firm is a ``supplier/downstream producer'' to ``International Paper'' 
and ``closed down as a direct result of what happened at the Franklin 
paper mill.'' The Department determines that International Paper 
Company, Franklin Pulp and Paper Mill, Franklin, Virginia is the 
``Franklin paper mill.''
    Section 222(c) of the Trade Act of 1974, as amended, states that 
adversely affected secondary workers must be employed by a firm that is 
a supplier to a firm that employed a worker group who are adversely 
affected primary workers. Therefore, the supply of precipitated calcium 
carbonate to International Paper Company, Franklin Pulp and Paper Mill, 
Franklin, Virginia cannot be a basis for certification for workers of 
the subject firm.
    The petitioners 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 19th day of August, 2010.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-21392 Filed 8-27-10; 8:45 am]
BILLING CODE 4510-FN-P