Weather Shield Manufacturing, Medford, WI; Notice of Negative Determination Regarding Application for Reconsideration, 57519-57520 [2010-23502]
Download as PDF
Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
subject firm, and not Delta Air Lines,
paid the subject worker group. SAR 19,
27.
Issues on Remand
The Plaintiff alleged in the complaint
to the USCIT that the decline in travel
in the Forth Smith, Arkansas area is
attributable to a reduction in the
operations of local firms that employed
workers eligible to apply for TAA, and
that this decline contributed to worker
separations at the subject firm.
Because there is no dispute that a
significant proportion or number of
workers of the subject firm was
separated, the only issues for the
Department to decide on remand are
whether or not the remaining two
criteria of Section 222(c) of the Act have
been met. Specifically, the Department
must determine whether or not the
subject firm meets the requirements of
a ‘‘downstream producer’’ under
Sections 222(c) and (d) of the Act and,
if so, whether or not the loss of business
by the subject firm with a primary firm
contributed importantly to the subject
worker group separations or threat of
separations.
The investigations revealed that the
services supplied by the subject firm
were provided under contract
exclusively for Delta Air Lines, AR 14,
24–25, 27–28, 33–34, SAR 3, 19, 21, 27,
but that the subject worker group
worked for the subject firm and not for
Delta Air Lines. SAR 19, 27. Delta Air
Lines was the sole customer of the
subject firm. SAR 3, 21, 27. The Fort
Smith, Arkansas airport users such as
leisure travelers, travel agencies,
corporate accounts, and the military
may have benefited from the services
supplied by the subject firm, and one or
more of these entities may have
employed workers who are eligible to
apply for TAA. However, workers and
former workers of Delta Air Lines at Fort
Smith, Arkansas airport are not eligible
to apply for TAA. SAR 32–33.
Section 222(d)(3)(A) of the Act
requires that a ‘‘downstream producer’’
perform ‘‘additional, value-added
production processes or services
directly for another firm for articles or
services with respect to which a group
of workers in such other firm has been
certified under subsection (a) [of Section
222 of the Act].’’ Section 222(d)(3)(B)
includes ‘‘transportation services’’
among those services.
The subject firm cannot meet the
statutory definition of a ‘‘downstream
producer’’ because it only directly
provided services to Delta Air Lines (not
for the customers of Delta Air Lines).
SAR 3, 21, 27. The subject firm did not
supply services directly related to the
VerDate Mar<15>2010
19:02 Sep 20, 2010
Jkt 220001
production or supply of an article or
service that was a basis for a TAA
certification. SAR 32–33.
Moreover, Section 222(c)(2) of the Act
does not permit secondary worker
certification unless the service provided
by the subject firm ‘‘is related to the
article or service that was the basis for
such certification [under Section 222(a)
of the Act].’’ Certification of a worker
group under Section 222(c) of the Act
may not be based on a secondary worker
certification. Therefore, even if Delta Air
Lines workers could be certified eligible
to apply for TAA on the basis that Delta
Air Lines provided transportation
services related to the production or
supply of an article or service that was
a basis for a TAA certification of one or
more of its customers, workers of the
subject firm may not be certified as
adversely affected secondary workers.
The Plaintiff also alleged that the
domestic merger between Delta Air
Lines and Northwest Airlines shows
trade impact that resulted in the worker
group layoffs.
The Department investigated this
allegation during the remand
investigation, and confirmed that
worker separations at the subject firm
are attributable to Delta Air Lines
ceasing operations out of the Fort Smith,
Arkansas airport. SAR 3, 19, 21, 27.
However, the newly-merged airline
maintained operations out of the Fort
Smith, Arkansas location using a
different airline customer service
provider. SAR 3, 19, 21, 27. Further,
those services provided by the subject
firm cannot be imported or shifted
abroad as they are used directly by
domestic passengers. As such,
conducting a survey of Delta Air Lines
to determine whether it increased its
imports of services like or directly
competitive with those supplied by the
subject firm (as requested by Plaintiff’s
counsel) is not necessary.
Based on a careful review of
previously-submitted information and
new information obtained during the
remand investigation, the Department
determines that the petitioning workers
have not met the eligibility criteria of
Section 222(c) of the Trade Act of 1974,
as amended.
Conclusion
After careful reconsideration, I affirm
the original negative determination of
eligibility to apply for worker
adjustment assistance for workers and
former workers of Atlantic Southeast
Airlines, a Subsidiary of Skywest, Inc.,
Airport Customer Division, including
on-site leased workers of Delta Global
Services, Inc., Fort Smith, Arkansas.
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
57519
Signed at Washington, DC this 3rd day of
September, 2010.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2010–23497 Filed 9–20–10; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–72,673]
Weather Shield Manufacturing,
Medford, WI; Notice of Negative
Determination Regarding Application
for Reconsideration
By application dated August 12, 2010,
the petitioners 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 Weather Shield
Manufacturing, Inc., Medford,
Wisconsin (subject firm). The negative
determination was signed on July 16,
2010. The Notice of determination was
published in the Federal Register on
August 2, 2010 (75 FR 45163). The
petitioning worker group provides
administrative support services related
to the production of doors and windows
at various Weather Shield
Manufacturing, Inc. facilities.
Workers at Weather Shield
Manufacturing, Inc., Medford,
Wisconsin, who became totally or
partially separated from employment on
or after December 17, 2007 through
August 9, 2012, are eligible to apply for
TAA and alternative trade adjustment
assistance under TA–W–64,725.
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 determination
applicable to workers and former
workers at the subject firm was based on
the findings that the subject firm did
not, during the period under
investigation, shift to a foreign country
services like or directly competitive
with those supplied by the workers or
E:\FR\FM\21SEN1.SGM
21SEN1
57520
Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices
acquire these services from a foreign
country; that the workers’ separation, or
threat of separation, was not related to
any increase in imports of like or
directly competitive services; and that
the workers did not supply a service
that was directly used in the production
of an article or the supply of service by
a firm that employed a worker group
that is eligible to apply for TAA based
on the aforementioned article or service.
Additionally, the Department
surveyed the subject firm’s major
declining customers regarding their
purchases of doors and/or windows.
The customer survey revealed that
customer imports of articles like or
directly competitive with those
produced by the subject firm declined
in the relevant time period, both in
absolute terms and relative to the
purchases of such articles from the
subject firm.
In the request for reconsideration, the
petitioner states that ‘‘Case number TA–
W–72,673 is the same company and
division as petition TA–64,725—
Weather Shield Employees.’’
The petition date of TA–W–64,725 is
December 17, 2008. The petition date of
TA–W–72,673 is October 23, 2009.
Because the investigation periods in the
two cases are different, the findings in
TA–W–64,725 cannot be used as the
basis for a certification of TA–W–
72,673.
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.
srobinson on DSKHWCL6B1PROD with NOTICES
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 10th day of
September, 2010.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2010–23502 Filed 9–20–10; 8:45 am]
BILLING CODE 4510–FN–P
VerDate Mar<15>2010
19:02 Sep 20, 2010
Jkt 220001
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (10–112)]
NASA Advisory Council; Planetary
Science Subcommittee; Supporting
Research and Technology Working
Group; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of Meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
announces a meeting of the Supporting
Research and Technology Working
Group of the Planetary Science
Subcommittee of the NASA Advisory
Council.
SUMMARY:
Wednesday, October 13, 2010, 9
a.m.–3 p.m., Local Time.
ADDRESSES: NASA Headquarters, 300 E
Street, SW., Washington, DC, Room
1Q39 (9 a.m.–3 p.m. EST).
FOR FURTHER INFORMATION CONTACT: Dr.
Michael New, Planetary Science
Division, National Aeronautics and
Space Administration Headquarters, 300
E Street, SW., Washington, DC 20546,
202/358–1766;
michael.h.new@nasa.gov.
DATED:
The
agenda topics for the meeting will
include:
• Presentation of Working Group
Process.
• Discussion of Role of NASA HQ
Program Officers.
This meeting will be held in room
1Q39 on the 1st floor of NASA
Headquarters located at 300 E Street,
SW., Washington, DC 20546. All visitors
will need to sign in and show valid
government-issued picture
identification such as driver’s license or
passport to enter NASA Headquarters.
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. The meeting will
also be available via teleconference and
by Web Ex. Any interested person may
call the USA toll free conference call
number 877–915–2770, participant pass
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00084
Fmt 4703
Sfmt 9990
code 60186, to participate in this
meeting by telephone. The Webex link
is https://nasa.webex.com/, meeting
number 991 907 278, and password
R+AW0rk! (the fifth character is the
number zero). For questions, please call
Michael New at (202) 358–1766.
Dated: September 14, 2010.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2010–23437 Filed 9–20–10; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL CREDIT UNION
ADMINISTRATION
SUNSHINE ACT; NOTICE OF AGENCY
MEETING
10 a.m., Friday,
September 24, 2010.
TIME AND DATE:
Board Room, 7th Floor, Room
7047, 1775 Duke Street, Alexandria, VA
22314–3428.
PLACE:
STATUS:
Closed.
MATTERS TO BE CONSIDERED:
1. Consideration of Supervisory
Activities (7). Closed pursuant to
exemptions (8), (9)(A)(ii) and 9(B).
RECESS:
11:30 a.m.
2:30 p.m., Friday,
September 24, 2010.
TIME AND DATE:
Board Room, 7th Floor, Room
7047, 1775 Duke Street, Alexandria, VA
22314–3428.
PLACE:
STATUS:
Open.
Matters To Be Considered
1. Final Rule—Part 704 of NCUA’s
Rules and Regulations, Corporate Credit
Unions.
2. Delegation of Authority, Corporate
Credit Union Service Organizations.
3. Board Briefing, Corporate Credit
Unions’ Legacy Asset Plan Update.
4. Interpretive Ruling and Policy
Statement (IRPS) 10–2, Corporate
Federal Credit Union Chartering
Guidelines.
FOR FURTHER INFORMATION CONTACT:
Mary Rupp, Secretary of the Board,
Telephone: 703–518–6304.
Mary Rupp,
Board Secretary.
[FR Doc. 2010–23706 Filed 9–17–10; 4:15 pm]
BILLING CODE P
E:\FR\FM\21SEN1.SGM
21SEN1
Agencies
[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Notices]
[Pages 57519-57520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23502]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-72,673]
Weather Shield Manufacturing, Medford, WI; Notice of Negative
Determination Regarding Application for Reconsideration
By application dated August 12, 2010, the petitioners 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 Weather
Shield Manufacturing, Inc., Medford, Wisconsin (subject firm). The
negative determination was signed on July 16, 2010. The Notice of
determination was published in the Federal Register on August 2, 2010
(75 FR 45163). The petitioning worker group provides administrative
support services related to the production of doors and windows at
various Weather Shield Manufacturing, Inc. facilities.
Workers at Weather Shield Manufacturing, Inc., Medford, Wisconsin,
who became totally or partially separated from employment on or after
December 17, 2007 through August 9, 2012, are eligible to apply for TAA
and alternative trade adjustment assistance under TA-W-64,725.
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 determination applicable to workers and former workers
at the subject firm was based on the findings that the subject firm did
not, during the period under investigation, shift to a foreign country
services like or directly competitive with those supplied by the
workers or
[[Page 57520]]
acquire these services from a foreign country; that the workers'
separation, or threat of separation, was not related to any increase in
imports of like or directly competitive services; and that the workers
did not supply a service that was directly used in the production of an
article or the supply of service by a firm that employed a worker group
that is eligible to apply for TAA based on the aforementioned article
or service.
Additionally, the Department surveyed the subject firm's major
declining customers regarding their purchases of doors and/or windows.
The customer survey revealed that customer imports of articles like or
directly competitive with those produced by the subject firm declined
in the relevant time period, both in absolute terms and relative to the
purchases of such articles from the subject firm.
In the request for reconsideration, the petitioner states that
``Case number TA-W-72,673 is the same company and division as petition
TA-64,725--Weather Shield Employees.''
The petition date of TA-W-64,725 is December 17, 2008. The petition
date of TA-W-72,673 is October 23, 2009. Because the investigation
periods in the two cases are different, the findings in TA-W-64,725
cannot be used as the basis for a certification of TA-W-72,673.
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 10th day of September, 2010.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-23502 Filed 9-20-10; 8:45 am]
BILLING CODE 4510-FN-P