Flowserve Corporation, Albuquerque, NM; Notice of Affirmative Determination Regarding Application for Reconsideration, 21040-21041 [2011-8981]
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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices
[FR Doc. 2011–8968 Filed 4–13–11; 8:45 am]
BILLING CODE 4510–FP–C
DEPARTMENT OF LABOR
Employment and Training
Administration
Investigations Regarding Certifications
of Eligibility To Apply for Worker
Adjustment Assistance and Alternative
Trade 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, Office of Trade Adjustment
Assistance, at the address shown below,
not later than April 25, 2011.
Interested persons are invited to
submit written comments regarding the
subject matter of the investigations to
the Director, Office of Trade Adjustment
Assistance, at the address shown below,
not later than April 25, 2011.
The petitions filed in this case are
available for inspection at the Office of
the Director, Office of Trade Adjustment
Assistance, Employment and Training
Administration, U.S. Department of
Labor, Room N–5428, 200 Constitution
Avenue, NW., Washington, DC 20210.
Signed at Washington, DC this 6th day of
April 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
APPENDIX
[27 TAA petitions instituted between 3/21/11 and 4/1/11]
TA–W
80057
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Location
Orchard Brands (Workers) ...................................................................
Alliance One International, Inc. (Workers) ...........................................
Tyco Electronics (Company) ................................................................
The Valspar Corporation (Workers) .....................................................
Sara Lee (Workers) .............................................................................
Ericsson (State/One-Stop) ...................................................................
Stream International, Inc. (State/One-Stop) ........................................
Wayne Trademark Printing and Packaging (Workers) ........................
Genesis Furniture Industries (Workers) ...............................................
Ivex Packaging, LLC (Union) ...............................................................
Lane Punch Corporation (Company) ...................................................
New Enterprise Stone & Lime (Workers) ............................................
Hydro Aluminum North America (Company) .......................................
Reno Radiological Associates (State/One-Stop) .................................
PCS Administration (USA), Inc. (Company) ........................................
Alcoa Rockdale Operations (State/One-Stop) .....................................
Ikano Communications (Workers) .......................................................
AES Westover (Union) .........................................................................
Golden Technologies (Workers) ..........................................................
Nexergy, Inc. (Company) .....................................................................
Federal Broach And Machine Company, LLC (Company) ..................
First Boston Pharma (State/One-Stop) ................................................
The Loomis Company (Workers) .........................................................
ViaTech Publishing Solutions (State/One-Stop) ..................................
SuperMedia, LLC (State/One-Stop) .....................................................
United Furniture Industries (Workers) .................................................
The Genie Company (Union) ...............................................................
Athens, GA ..................
Morrisville, NC .............
Fuquay-Varina, NC .....
High Point, NC ............
Bensenville, IL .............
Kansas City, MO .........
Richardson, TX ...........
High Point, NC ............
Pontotoc, MS ..............
Joliet, IL .......................
Salisbury, NC ..............
Erie, PA .......................
Ellenville, NY ...............
Reno, NV ....................
Northbrook, IL .............
Rockdale, TX ..............
Salt Lake City, UT .......
Johnson City, NY ........
Old Forge, PA .............
Columbus, OH ............
Tempe, AZ ..................
Brockton, MA ..............
Wyomissing, PA ..........
Kalama, WA ................
Dallas, TX ...................
Amory, MS ..................
Shenandoah, VA .........
[FR Doc. 2011–8975 Filed 4–13–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
mstockstill on DSKH9S0YB1PROD with NOTICES
[TA–W–75,135]
Flowserve Corporation, Albuquerque,
NM; Notice of Affirmative
Determination Regarding Application
for Reconsideration
By application dated March 23, 2011,
a State of New Mexico workforce official
requested administrative
reconsideration of the Department of
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institution
Subject firm (petitioners)
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Date of
petition
03/17/11
03/18/11
03/21/11
03/16/11
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Labor’s negative determination
regarding eligibility to apply for Trade
Adjustment Assistance (TAA),
applicable to workers and former
workers of the subject firm. The
Department’s Notice was issued on
February 28, 2011 and published in the
Federal Register on March 17, 2010 (76
FR 14693).
The negative determination of the
TAA petition filed on behalf of workers
at the subject firm was based on the
finding that Criterion (1) has not been
met because no workers were totally or
E:\FR\FM\14APN1.SGM
14APN1
Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices
partially separated, or threatened with
such separation.
In the request for reconsideration, the
petitioner claimed that worker
separations had occurred during the
relevant time period and provided
documentation in support of this
allegation.
The Department has carefully
reviewed the request for reconsideration
and the existing record, and has
determined that the Department will
conduct further investigation to
determine if the petitioning workers
meet the eligibility requirements of the
Trade Act of 1974, as amended.
Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the U.S. Department
of Labor’s prior decision. The
application is, therefore, granted.
Signed at Washington, DC, this 6th day of
April 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–8981 Filed 4–13–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Information about the DOL Notification
Process for Worker Abandonment, or
Termination for Cause for H–2A
Temporary Agricultural Labor
Certifications
Employment and Training
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
This Notice announces
specific instructions employers must
follow when notifying the Department
of Labor’s (Department) Office of
Foreign Labor Certification (OFLC) that
an H–2A worker certified on an
Application for Temporary Employment
Certification or a worker in
corresponding employment has
voluntarily abandoned employment, or
was terminated for cause before the end
of the work contract period.
DATES: This Notice is effective on April
14, 2011.
FOR FURTHER INFORMATION CONTACT:
William L. Carlson, PhD, Administrator,
Office of Foreign Labor Certification,
200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–3010 (this is not a toll-free
number).
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:34 Apr 13, 2011
Jkt 223001
SUPPLEMENTARY INFORMATION:
I. Background
On February 12, 2010, the Department
published a Final Rule on the
Temporary Agricultural Employment of
H–2A Aliens in the United States (U.S.),
75 FR 6884, Feb. 12, 2010 (2010 Final
Rule). The H–2A nonimmigrant worker
visa program enables U.S. agricultural
employers to employ foreign workers on
a temporary basis to perform
agricultural labor or services, when
willing and qualified U.S. workers are
unavailable and the employment of the
H–2A workers will not adversely affect
the wages and working conditions of
similarly employed workers in the
United States.
Occasionally, H–2A workers or
workers in corresponding employment
voluntarily leave their employment or
are terminated for cause before the
specified contract term expires. The
2010 Final Rule provides that an
employer will not be responsible for
transportation and subsistence expenses
and/or the three-fourths guarantee
related to such an H–2A worker or
worker in corresponding employment,
where the H–2A worker or worker in
corresponding employment abandons
employment or is terminated for cause
before the end date of the contract
period, as specified in the Application
for Temporary Employment
Certification, if the employer notifies
OFLC’s National Processing Center
(NPC) (and the Department of Homeland
Security (DHS) in the case of an H–2A
worker) of such abandonment or
termination.
As set out in 20 CFR 655.122(n), in
such instances, the employer must
notify the NPC (and DHS in the case of
an H–2A worker) in writing, or by any
other method specified by the
Department or DHS in a manner
specified in a notice published in the
Federal Register, no later than 2
working days after the abandonment or
termination occurs. An abandonment
begins after an H–2A worker or worker
in corresponding employment fails to
report for work at the regularly
scheduled time for 5 consecutive work
days without consent of the employer.
II. Notification Process
Beginning on the effective date of this
Notice, the written notification, as set
forth in 20 CFR 655.122(n), must be
provided by one of the following means:
1. By electronic mail (e-mail) to: H2A.
abandonment&termination.chicago@
dol.gov, or
2. Employers without internet access
may instead send written notification
by:
PO 00000
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21041
(a) Facsimile to: (312) 353–6666; or
(b) U.S. Mail to: U.S. Department of
Labor, Employment and Training
Administration, Office of Foreign Labor
Certification, Chicago National
Processing Center, 536 South Clark
Street, 9th floor, Chicago, Illinois
60605–1509.
In order to ensure prompt and
effective processing of the notification,
the Department requests that the
employer’s notice include at a minimum
the following information:
1. The reason(s) for notification or late
notification, if applicable;
2. The date of abandonment or
termination;
3. The number of H–2A worker(s)
and/or other worker(s) in corresponding
employment who abandoned or was/
were terminated for cause, and the name
of each such H–2A worker and/or
worker in corresponding employment,
each employee’s last known address
(other than employer-provided
housing);
4. The Application/Certification
number(s); and
5. The employer’s name; address,
telephone number, and Federal
Employer Identification Number (FEIN).
The NPC will also accept a copy of
the written notification of abandonment
or termination for cause submitted by
the employer to DHS as long as it
contains all of the information listed
above and is submitted to the NPC via
one of the means enumerated in this
Notice. Failure to provide notice or
failure to provide timely notice may
lead to a finding of noncompliance with
the transportation and subsistence
expenses and/or the three-fourths
guarantee provisions as set forth in 20
CFR 655.122(n).
Signed in Washington, DC, this 8th day of
April 2011.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2011–8969 Filed 4–13–11; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Request for Certification of
Compliance—Rural Industrialization
Loan and Grant Program
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
The Employment and
Training Administration is issuing this
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Pages 21040-21041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8981]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-75,135]
Flowserve Corporation, Albuquerque, NM; Notice of Affirmative
Determination Regarding Application for Reconsideration
By application dated March 23, 2011, a State of New Mexico
workforce official requested administrative reconsideration of the
Department of Labor's negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA), applicable to workers and
former workers of the subject firm. The Department's Notice was issued
on February 28, 2011 and published in the Federal Register on March 17,
2010 (76 FR 14693).
The negative determination of the TAA petition filed on behalf of
workers at the subject firm was based on the finding that Criterion (1)
has not been met because no workers were totally or
[[Page 21041]]
partially separated, or threatened with such separation.
In the request for reconsideration, the petitioner claimed that
worker separations had occurred during the relevant time period and
provided documentation in support of this allegation.
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that the
Department will conduct further investigation to determine if the
petitioning workers meet the eligibility requirements of the Trade Act
of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the claim
is of sufficient weight to justify reconsideration of the U.S.
Department of Labor's prior decision. The application is, therefore,
granted.
Signed at Washington, DC, this 6th day of April 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-8981 Filed 4-13-11; 8:45 am]
BILLING CODE 4510-FN-P
