Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance, 7588-7589 [2011-2963]

Download as PDF 7588 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Notices 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 No. Subject firm Location 74,653 .......... 74,733 .......... 74,870 .......... Unicare, WellPoint, Inc ......................................................................... Xpedite Systems, LLC, Easylink Services International Corporation .. International Business Machines (IBM), Global Technology Services, SSO Band Support Capital One. Plano, TX ...................................... Deerfield Beach, FL ...................... Plano, TX ...................................... Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance on the Department’s website, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions. After notice of the petitions was published in the Federal Register and The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn. TA–W No. Subject firm Location 75,046 .......... Macsteel Service Centers USA ............................................................ Liverpool, NY ................................ The following determinations terminating investigations were issued in cases where these petitions were not filed in accordance with the requirements of 29 CFR 90.11. Every petition filed by workers must be signed by at least three individuals of the petitioning worker group. Petitioners separated more than one year prior to the date of the petition cannot be covered under a certification of a petition under Section 223(b), and Impact date therefore, may not be part of a petitioning worker group. For one or more of these reasons, these petitions were deemed invalid. TA–W No. Subject firm Location 75,098 .......... IBM ........................................................................................................ Research Triangle Park, NC ......... I hereby certify that the aforementioned determinations were issued during the period of January 24, 2011 through January 28, 2011. 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 tofoiarequest@dol.gov. These determinations also are available on the Department’s Web site at https://www.doleta.gov/tradeact under the searchable listing of determinations. Dated: February 2, 2011. Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–2964 Filed 2–9–11; 8:45 am] BILLING CODE P jdjones on DSK8KYBLC1PROD with NOTICES Impact date VerDate Mar<15>2010 15:10 Feb 09, 2011 Jkt 223001 DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221 (a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Impact date The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than February 22, 2011. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than February 22, 2011. Copies of these petitions 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. Signed at Washington, DC, this 31st day of January 2011. Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance. E:\FR\FM\10FEN1.SGM 10FEN1 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Notices 7589 APPENDIX [TAA petitions instituted between 1/24/11 and 1/28/11] Subject firm (petitioners) Location Ashland Hercules Water Technologies (Workers) ............... Olympic Fabrication LLC (State/One-Stop) .......................... Randstadt (State/One-Stop) ................................................. FTCA (Union) ....................................................................... JLG Industries, Inc. (State/One-Stop) .................................. NIOXIN Research Laboratories, Inc. (Company) ................. McComb Mill Warehouse (Company) .................................. Veyance Technologies, Inc. (Company) .............................. Flowserve (State/One-Stop) ................................................. The Connection (Workers) ................................................... John Crane, Inc. (Company) ................................................ Ashland Foundry and Machine Works, Inc. (Union) ............ Somanetics (Workers) .......................................................... Holland Consulting (Company) ............................................ Wellpoint (Workers) .............................................................. Oak Creek Consolidated, Inc. (Company) ........................... Alliance Group Technologies, Inc. (Workers) ...................... Cincinnati Tyrolit, Inc. (State/One-Stop) ............................... Volvo Information Technology (State/One-Stop) ................. Berkley Surgical (Workers) ................................................... Louisiana, MO ....................... Shelton, WA .......................... Yakima, WA .......................... Somerset, PA ........................ Hagerstown, MD ................... Lithia Springs, GA ................. McComb, MS ........................ Lincoln, NE ............................ Albuquerque, NM .................. Penn Yan, NY ....................... Cranston, RI .......................... Ashland, PA .......................... Troy, MI ................................. Enumclaw, WA ...................... Green Bay, WI ...................... Yorktown, VA ........................ Peru, IN ................................. Cincinnati, OH ....................... Greensboro, NC .................... Uniontown, PA ...................... TA–W 75127 75128 75129 75130 75131 75132 75133 75134 75135 75136 75137 75138 75139 75140 75141 75142 75143 75144 75145 75146 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ [FR Doc. 2011–2963 Filed 2–9–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–74,566] jdjones on DSK8KYBLC1PROD with NOTICES Bob Evans Farms, Inc., an Ohio Corporation, a Subsidiary of Bob Evans Farms, Inc., a Delaware Corporation, Galva, Illinois; Notice of Negative Determination Regarding Application for Reconsideration By application dated November 12, 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 Bob Evans Farms, Inc., an Ohio Corporation, a subsidiary of Bob Evans Farms, Inc., a Delaware Corporation, Galva, Illinois. The negative determination was issued on October 15, 2010, and the Notice of Determination was published in the Federal Register on November 3, 2010 (75 FR 67773). The workers produce sausage rolls and links. The petitioner alleged that worker separations are due to increased imports of sows. The negative determination was issued based on the findings that there have not been increased imports of articles like or directly competitive with those produced by the subject firm, there has not been a shift of production by the subject firm to a foreign country, VerDate Mar<15>2010 15:10 Feb 09, 2011 Jkt 223001 and the workers are not adverselyaffected secondary workers. 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 request for reconsideration states that ‘‘with the increased importation of sows (the main component in the production of pork sausage) from Canada, the cost of production of the finished sausage product increased. The workers’ hours of production were decreased due to the cost of importation of Canadian sows to the Galva, Illinois plant.’’ Because this allegation is identical to the petition allegation and has been addressed in the initial investigation, 29 CFR 90.18(c)(1) and (2) have not been met. The request for reconsideration also infers that increased imports of a component part (sows) are a basis for certification of a worker group that produces the finished article (sausage). The initial determination was based on the finding that there have not been increased imports of articles like or directly competitive with the sausage rolls or links produced by the subject firm. 29 CFR 90.2 states that ‘‘like or PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 Date of institution 01/24/11 01/24/11 01/24/11 01/24/11 01/25/11 01/25/11 01/25/11 01/25/11 01/25/11 01/25/11 01/25/11 01/25/11 01/25/11 01/26/11 01/26/11 01/26/11 01/27/11 01/28/11 01/28/11 01/28/11 Date of petition 01/20/11 01/20/11 01/20/11 01/21/11 01/24/11 12/31/10 01/12/11 01/24/11 01/21/11 01/24/11 01/24/11 01/24/11 01/24/11 01/25/11 01/20/11 01/25/11 01/26/11 01/27/11 01/27/11 01/26/11 directly competitive means that like articles are those which are substantially identical in inherent or intrinsic characteristics (i.e., materials from which the articles are made, appearance, quality, texture, etc.); and directly competitive articles are those, although not substantially identical in their inherent or intrinsic characteristics, are substantially equivalent for commercial purposes (i.e., adapted to the same uses and essentially interchangeable therefore).’’ Because sows are neither like nor directly competitive with sausage rolls or links, the certification of a worker group engaged in the production of finished articles (sausage rolls and links) cannot be based on increased imports of components (sows). Therefore, 29 CFR 90.18(c)(3) has not been met. 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 E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7588-7589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2963]


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DEPARTMENT OF LABOR

Employment and Training Administration


Investigations Regarding Certifications of Eligibility To Apply 
for Worker Adjustment Assistance

    Petitions have been filed with the Secretary of Labor under Section 
221(a) of the Trade Act of 1974 (``the Act'') and are identified in the 
Appendix to this notice. Upon receipt of these petitions, the Director 
of the Division of Trade Adjustment Assistance, Employment and Training 
Administration, has instituted investigations pursuant to Section 221 
(a) of the Act.
    The purpose of each of the investigations is to determine whether 
the workers are eligible to apply for adjustment assistance under Title 
II, Chapter 2, of the Act. The investigations will further relate, as 
appropriate, to the determination of the date on which total or partial 
separations began or threatened to begin and the subdivision of the 
firm involved.
    The petitioners or any other persons showing a substantial interest 
in the subject matter of the investigations may request a public 
hearing, provided such request is filed in writing with the Director, 
Division of Trade Adjustment Assistance, at the address shown below, 
not later than February 22, 2011.
    Interested persons are invited to submit written comments regarding 
the subject matter of the investigations to the Director, Division of 
Trade Adjustment Assistance, at the address shown below, not later than 
February 22, 2011.
    Copies of these petitions 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.

    Signed at Washington, DC, this 31st day of January 2011.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.

[[Page 7589]]



                                                    APPENDIX
                             [TAA petitions instituted between 1/24/11 and 1/28/11]
----------------------------------------------------------------------------------------------------------------
                                                                                      Date of         Date of
            TA-W              Subject firm (petitioners)         Location           institution      petition
----------------------------------------------------------------------------------------------------------------
75127......................  Ashland Hercules Water       Louisiana, MO.........        01/24/11        01/20/11
                              Technologies (Workers).
75128......................  Olympic Fabrication LLC      Shelton, WA...........        01/24/11        01/20/11
                              (State/One-Stop).
75129......................  Randstadt (State/One-Stop).  Yakima, WA............        01/24/11        01/20/11
75130......................  FTCA (Union)...............  Somerset, PA..........        01/24/11        01/21/11
75131......................  JLG Industries, Inc. (State/ Hagerstown, MD........        01/25/11        01/24/11
                              One-Stop).
75132......................  NIOXIN Research              Lithia Springs, GA....        01/25/11        12/31/10
                              Laboratories, Inc.
                              (Company).
75133......................  McComb Mill Warehouse        McComb, MS............        01/25/11        01/12/11
                              (Company).
75134......................  Veyance Technologies, Inc.   Lincoln, NE...........        01/25/11        01/24/11
                              (Company).
75135......................  Flowserve (State/One-Stop).  Albuquerque, NM.......        01/25/11        01/21/11
75136......................  The Connection (Workers)...  Penn Yan, NY..........        01/25/11        01/24/11
75137......................  John Crane, Inc. (Company).  Cranston, RI..........        01/25/11        01/24/11
75138......................  Ashland Foundry and Machine  Ashland, PA...........        01/25/11        01/24/11
                              Works, Inc. (Union).
75139......................  Somanetics (Workers).......  Troy, MI..............        01/25/11        01/24/11
75140......................  Holland Consulting           Enumclaw, WA..........        01/26/11        01/25/11
                              (Company).
75141......................  Wellpoint (Workers)........  Green Bay, WI.........        01/26/11        01/20/11
75142......................  Oak Creek Consolidated,      Yorktown, VA..........        01/26/11        01/25/11
                              Inc. (Company).
75143......................  Alliance Group               Peru, IN..............        01/27/11        01/26/11
                              Technologies, Inc.
                              (Workers).
75144......................  Cincinnati Tyrolit, Inc.     Cincinnati, OH........        01/28/11        01/27/11
                              (State/One-Stop).
75145......................  Volvo Information            Greensboro, NC........        01/28/11        01/27/11
                              Technology (State/One-
                              Stop).
75146......................  Berkley Surgical (Workers).  Uniontown, PA.........        01/28/11        01/26/11
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-2963 Filed 2-9-11; 8:45 am]
BILLING CODE 4510-FN-P
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