Reynolds Food Packaging LLC, a Subsidiary of Reynolds Group Holding Limited, Grove City, PA; Notice of Revised Determination on Reconsideration, 54801-54802 [2011-22558]
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Notices
worker adjustment assistance for
workers and former workers of
International Business Machines (IBM),
Software Group Business Unit, Quality
Assurance Group, San Jose, California.
Signed in Washington, DC on this 22nd
day of August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–22562 Filed 9–1–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–80,213]
erowe on DSK5CLS3C1PROD with NOTICES
Healthlink, a Wellpoint, Inc. Company,
Accounts Receivable and Collections
Division, St. Louis, MO; Notice of
Negative Determination Regarding
Application for Reconsideration
By application received July 14, 2011,
a worker requested administrative
reconsideration of the negative
determination regarding workers’
eligibility to apply for Trade Adjustment
Assistance (TAA) applicable to workers
and former workers HealthLink, a
Wellpoint, Inc. Company, Accounts
Receivable and Collections Division, St.
Louis, Missouri (HealthLink-Accounts
Receivable Collections Division). The
negative determination was issued on
June 21, 2011. The Department’s Notice
of Determination was published in the
Federal Register on July 8, 2011 (76 FR
40402). The workers of HealthLinkAccounts Receivable Collections
Division are engaged in activities related
to the supply of health insurance
services: Accounts payable and
collections services.
The petition was filed on behalf of
‘‘finance’’ workers at HealthLink, St.
Louis, Missouri (HealthLink). The
petition states that the service supplied
by HealthLink is a ‘‘network of
providers through contracts to payors—
insurers and third party administrators’’
and that ‘‘production has been/is being
sent to India and services are being
outsourced to India.’’
The negative determination was based
on the Department’s findings that
HealthLink does not produce an article
within the meaning of Section 222(a) or
Section 222(b) of the Act. In order to be
considered eligible to apply for
adjustment assistance under Section 223
of the Trade Act of 1974, the worker
group seeking certification (or on whose
behalf certification is being sought)
must work for a ‘‘firm’’ or appropriate
subdivision that produces an article.
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15:37 Sep 01, 2011
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In the request for reconsideration, the
petitioner asserts that subject worker
group separations were due to a shift to
India and stated that ‘‘other Wellpoint
petitions for several other locations of
Financial Operation departments’’ have
worker groups eligible to apply for TAA.
The determinations referenced in the
request for reconsideration are
Wellpoint, Inc., Financial Operations
Recovery Department (TA–W–74,661
through TA–W–74,661H; issued on
January 7, 2011).
Workers covered by TA–W–74,661
were eligible to apply for worker
adjustment assistance because the
worker group eligibility requirements of
the Trade and Globalization Adjustment
Assistance Act of 2009 (Trade Act of
2009) was satisfied. Specifically, the
Department determined that there was a
shift by the workers’ firm to a foreign
country in the supply of services like or
directly competitive with those
supplied by the workers’ firm and that
the shift of services abroad contributed
importantly to worker group
separations.
Pursuant to 29 CFR 90.18(c),
administrative 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.
After the Trade Act of 2009 expired in
February 2011, petitions for TAA were
instituted under the Trade Adjustment
Assistance Reform Act of 2002 (Trade
Act of 2002). Therefore, the statute
applicable to TA–W–80,213 is the Trade
Act of 2002. The applicable regulation
is codified in 29 CFR 90, subpart B.
Section 222 of the Trade Act of 2002
establishes the worker group eligibility
requirements. The requirements include
either ‘‘imports of articles like or
directly competitive with articles
produced by such firm or subdivision
have increased’’ or ‘‘a shift in
production by such workers’ firm or
subdivision to a foreign country of
articles like or directly competitive with
articles which are produced by such
firm or subdivision.’’
The request for reconsideration
asserts that workers separated at the
HealthLink, St. Louis, Missouri facility
are similar to workers covered by ‘‘other
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54801
locations of Financial Operation
departments that have been approved.’’
The certification for TA–W–74,661
was issued based on the Department’s
findings that the workers’ firm supplied
a service and that the supply of services
was shifted to a foreign country. The
shift of services that was the basis for
certification under the Trade Act of
2009 cannot be the basis for certification
under the Trade Act of 2002 because the
two statutes have different worker group
eligibility criteria.
After careful review of the request for
reconsideration, previously submitted
materials, the applicable statute, and
relevant regulation, the Department
determines that there is no new
information, mistake in fact, or
misinterpretation of the facts or of the
law.
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 at Washington, DC this 18th day of
August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–22552 Filed 9–1–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–75,183]
Reynolds Food Packaging LLC, a
Subsidiary of Reynolds Group Holding
Limited, Grove City, PA; Notice of
Revised Determination on
Reconsideration
On June 6, 2011, the Department of
Labor (Department) issued a Notice of
Affirmative Determination Regarding
Application for Reconsideration to
apply for Trade Adjustment Assistance
(TAA) applicable to workers and former
workers of Reynolds Food Packaging
LLC, a subsidiary of Reynolds Group
Holding Limited, Grove City,
Pennsylvania (subject firm). Workers at
the subject firm are engaged in
employment related to the production of
disposable food service containers and
bulk sheet.
During the reconsideration
investigation, the Department received
new information that revealed that there
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54802
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Notices
has been a shift in a portion of
production of disposable food service
containers and bulk sheet by the subject
firm to a foreign country.
Criterion I has been met because a
significant number or proportion of the
workers in the workers’ firm have
become totally or partially separated, or
are threatened to become totally or
partially separated.
Criterion II has been met because
there has been a shift in production of
disposable food service containers and
bulk sheet by the subject firm to a
foreign country.
Criterion III has been met because the
shift in production to a foreign country
contributed importantly to worker group
separations at the subject firm.
Conclusion
After careful review of the additional
facts obtained on reconsideration, I
determine that workers and former
workers of the subject firm, who are
engaged in employment related to the
production of disposable food service
containers or bulk sheet, meet the
worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C.
2272(a). In accordance with Section 223
of the Act, 19 U.S.C. 2273, I make the
following certification:
All workers of Reynolds Food Packaging
LLC, a subsidiary of Reynolds Group Holding
Limited, Grove City, Pennsylvania, who
became totally or partially separated from
employment on or after January 26, 2010,
through two years from the date of this
revised certification, and all workers in the
group threatened with total or partial
separation from employment on date of
certification through two years from the date
of certification, are eligible to apply for
adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
Signed in Washington, DC, this 26th day of
August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–22558 Filed 9–1–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
19 U.S.C. 2273, I make the following
certification:
Employment and Training
Administration
All workers of Sony Music Holdings, Inc.
(‘‘SMHI’’), d/b/a Sony DADC Americas, a
subsidiary of Sony Corporation of America,
including on-site leased workers from
Employment Plus, Aerotek, and Robert Half,
Pitman, New Jersey, who became totally or
partially separated from employment on or
after February 7, 2010, through two years
from the date of this revised certification, and
all workers in the group threatened with total
or partial separation from employment on
date of certification through two years from
the date of certification, are eligible to apply
for adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
[TA–W–75,181]
Sony Music Holdings, Inc., D/B/A Sony
DADC Americas a Subsidiary of Sony
Corporation of America Including OnSite Leased Workers From
Employment Plus, Aerotek, and Robert
Half Pitman, NJ; Notice of Revised
Determination on Reconsideration
On June 28, 2011, the Department of
Labor (Department) issued a Notice of
Affirmative Determination Regarding
Application for Reconsideration for the
workers and former workers of Sony
Music Holdings, Inc. (‘‘SMHI’’), d/b/a
Sony DADC Americas, a subsidiary of
Sony Corporation of America, including
on-site leased workers from
Employment Plus, Aerotek, and Robert
Half, Pitman, New Jersey (subject firm)
to apply for Trade Adjustment
Assistance. The Department’s Notice
was published in the Federal Register
on July 8, 2011 (76 FR 40400). Workers
at the subject firm were engaged in
activities related to the production of
optical discs containing content.
During the reconsideration
investigation, the Department received
new information that revealed that the
subject firm shifted to a foreign country
a portion of the production of articles
like or directly competitive with the
articles produced by the subject firm
workers.
Criterion I has been met because a
significant number or proportion of
workers at the subject firm have become
totally or partially separated or are
threatened with such separation.
Criterion II has been met because the
subject firm shifted to a foreign country
a portion of the production of articles
like or directly competitive with the
articles produced by the subject firm
workers.
Criterion III has been met because the
shift in production contributed
importantly to the workers’ separation
or threat of separation at the subject
firm.
erowe on DSK5CLS3C1PROD with NOTICES
Conclusion
After careful review of the additional
facts obtained on reconsideration, I
determine that workers and former
workers of the subject firm, who are
engaged in employment related to the
production of optical discs containing
content, meet the worker group
certification criteria under Section
222(a) of the Act, 19 U.S.C. 2272(a). In
accordance with Section 223 of the Act,
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Signed in Washington, DC, this 18th day of
August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–22557 Filed 9–1–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
Section 101(c) of the Federal
Mine Safety and Health Act of 1977 and
30 CFR part 44 govern the application,
processing, and disposition of petitions
for modification. This notice is a
summary of petitions for modification
submitted to the Mine Safety and Health
Administration (MSHA) by the parties
listed below to modify the application
of existing mandatory safety standards
codified in Title 30 of the Code of
Federal Regulations.
DATES: All comments on the petitions
must be received by the Office of
Standards, Regulations and Variances
on or before October 3, 2011.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 202–693–9441.
3. Regular Mail: MSHA, Office of
Standards, Regulations and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939,
Attention: Roslyn B. Fontaine, Acting
Director, Office of Standards,
Regulations and Variances.
SUMMARY:
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02SEN1
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[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54801-54802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22558]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-75,183]
Reynolds Food Packaging LLC, a Subsidiary of Reynolds Group
Holding Limited, Grove City, PA; Notice of Revised Determination on
Reconsideration
On June 6, 2011, the Department of Labor (Department) issued a
Notice of Affirmative Determination Regarding Application for
Reconsideration to apply for Trade Adjustment Assistance (TAA)
applicable to workers and former workers of Reynolds Food Packaging
LLC, a subsidiary of Reynolds Group Holding Limited, Grove City,
Pennsylvania (subject firm). Workers at the subject firm are engaged in
employment related to the production of disposable food service
containers and bulk sheet.
During the reconsideration investigation, the Department received
new information that revealed that there
[[Page 54802]]
has been a shift in a portion of production of disposable food service
containers and bulk sheet by the subject firm to a foreign country.
Criterion I has been met because a significant number or proportion
of the workers in the workers' firm have become totally or partially
separated, or are threatened to become totally or partially separated.
Criterion II has been met because there has been a shift in
production of disposable food service containers and bulk sheet by the
subject firm to a foreign country.
Criterion III has been met because the shift in production to a
foreign country contributed importantly to worker group separations at
the subject firm.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers and former workers of the
subject firm, who are engaged in employment related to the production
of disposable food service containers or bulk sheet, meet the worker
group certification criteria under Section 222(a) of the Act, 19 U.S.C.
2272(a). In accordance with Section 223 of the Act, 19 U.S.C. 2273, I
make the following certification:
All workers of Reynolds Food Packaging LLC, a subsidiary of
Reynolds Group Holding Limited, Grove City, Pennsylvania, who became
totally or partially separated from employment on or after January
26, 2010, through two years from the date of this revised
certification, and all workers in the group threatened with total or
partial separation from employment on date of certification through
two years from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the Trade Act
of 1974, as amended.
Signed in Washington, DC, this 26th day of August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-22558 Filed 9-1-11; 8:45 am]
BILLING CODE 4510-FN-P
