Notice of Revised Determination on Reconsideration, 61749-61750 [2011-25714]

Download as PDF Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices 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 ‘‘the situation/ circumstances/duties under petition #80001 are similar in some instances and exactly the same in others’’ to those of TA–W–71,889 and TA–W–73,191. The certifications for TA–W–71,889 and TA–W–73,191 were issued based on the Department’s findings that the workers’ firm supplied a service and that the supply of services was shifted/ acquired from a foreign country. The shift/acquisition 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 28th day of September 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–25719 Filed 10–4–11; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–75,043] SpectraWatt, Inc. Including On-Site Leased Workers From Kelly Services Hopewell Junction, NY; Notice of Revised Determination on Reconsideration On June 6, 2011, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration applicable to workers and former workers of SpectraWatt, Inc., Hopewell Junction, New York (subject firm). Workers at the subject firm were engaged in employment related to the production of solar cells for their application in solar panels. The worker group includes onsite leased workers from Kelly Services. During the reconsideration investigation, the Department carefully reviewed previously submitted material and analyzed aggregate industry data and industry trends, including U.S. aggregate imports of like or directly competitive articles and finished articles containing components like or directly competitive to those produced by the subject firm. The analysis revealed that, during the period of investigation, imports of articles like or directly competitive with solar cells produced by the subject firm have increased, and that the increased imports of solar cells (or like or directly competitive articles) contributed importantly to the worker group separations and sales/production declines at the subject firm. The analysis also revealed that, over the relevant time period, solar modules installed in the U.S. included a lower percentage of U.S. produced solar cells and that the decline contributed importantly to the worker group separations and sales/production declines at the subject firm. Conclusion After careful review of the additional facts obtained during the reconsideration investigation, I determine that workers of SpectraWatt, Inc., Hopewell Junction, New York, 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 SpectraWatt, Inc., including on-site leased workers from Kelly Services, Hopewell Junction, New York, who became totally or partially separated from employment on or after December 22, 2009, VerDate Mar<15>2010 19:11 Oct 04, 2011 Jkt 226001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 61749 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 28th day of September 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–25718 Filed 10–4–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–73,441; TA–W–73,441A; TA–W– 73,441B; TA–W–73,441C; TA–W–73,441D; TA–W–73,441E; TA–W–73,441F; TA–W– 73,441G] Notice of Revised Determination on Reconsideration TA–W–73,441 Quad Graphics, Inc., Including Leased Workers From Staff Management, Inc., Sussex, WI TA–W–73,441A Quad Tech, Inc., Including Leased Workers From Firstech, Eagle Technology Group, Inc., and RCM Technologies, Sussex, WI TA–W–73,441B Quad Graphics, Inc., Including Leased Workers From Staff Management, Inc., West Allis, WI TA–W–73,441C Quad Graphics, Inc., Including Leased Workers From Staff Management, Inc., Pewaukee, WI TA–W–73,441D Quad Graphics, Inc., Including Leased Workers From Staff Management, Inc., Lomira, WI TA–W–73,441E Quad Graphics, Inc., Including Leased Workers From Staff Management, Inc., Hartford, WI TA–W–73,441F World Color Mt. Morris II, LLC, a Subsidiary of Quad Graphics, Inc., Mt. Morris, IL TA–W–73,441G Quad Graphics, Inc., Including Leased Workers From SPS Temporaries, Depew, NY On February 17, 2011, the Department issued a Notice of Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Quad Tech, Inc. (subject firm), Sussex, Wisconsin (TA– W–73,441A) to apply for Trade Adjustment Assistance (TAA). The Department’s Notice was published in the Federal Register on March 15, 2011 (76 FR 14099). E:\FR\FM\05OCN1.SGM 05OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 61750 Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices 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. During the reconsideration investigation, the subject firm company official clarified that the worker who requested reconsideration worked at Quad Graphics, Inc., Hartford, Wisconsin (TA–W–73,441E). Further, additional clarifying information was received which resulted in an expanded reconsideration investigation that included: • Quad Graphics, Inc., including leased workers from Staff Management, Inc., Sussex, Wisconsin (TA–W–73,441), engaged in the production of magazines and catalogs; • Quad Tech, Inc., including leased workers from FIRSTECH, Eagle Technology Group, Inc., and RCM Technologies, Sussex, Wisconsin (TA– W–73,441A), engaged in the production of automated controls and finishing controls for printing presses and supply of support services; • Quad Graphics, Inc., including leased workers from Staff Management, Inc., West Allis, Wisconsin (TA–W– 73,441B), engaged in the production of magazines and catalogs; • Quad Graphics, Inc., including leased workers from Staff Management, Inc., Pewaukee, Wisconsin (TA–W– 73,441C), engaged in the production of magazines and catalogs; • Quad Graphics, Inc., including leased workers from Staff Management, Inc., Lomira, Wisconsin (TA–W– 73,441D), engaged in the production of magazines and catalogs; • Quad Graphics, Inc., including leased workers from Staff Management, Inc., Hartford, Wisconsin (TA–W– 73,441E), engaged in the production of magazines and catalogs; • World Color Mt. Morris II, LLC, a subsidiary of Quad Graphics, Inc., Mt. Morris, Illinois (TA–W–73,441F), engaged in the production of magazines and catalogs; and • Quad Graphics, Inc., including leased workers from SPS Temporaries, Depew, New York (TA–W–73,441G), engaged in the production of paperback books. VerDate Mar<15>2010 19:11 Oct 04, 2011 Jkt 226001 The reconsideration investigation revealed that the following worker groups have met the certification criteria under Section 222(a) of the Trade Act, 19 U.S.C. 2272(a): TA–W–73,441, TA– W–73,441A, TA–W–73,441B, TA–W– 73,441F, and TA–W–73,441G. Criterion I has been met because a significant number or proportion of workers at each of the aforementioned worker groups have become totally or partially separated, or are threatened with such separation. Criterion II has been met because there has been an acquisition from a foreign country by the subject firm of articles that are like or directly competitive with those produced by the aforementioned worker groups. Criterion III has been met because the acquisition of articles contributed importantly to the workers’ separation or threat of separation at the aforementioned worker groups. A careful review of the administrative record and additional information obtained by the Department during the reconsideration investigation revealed that the following worker groups have not met the certification criteria under Section 222(a) of the Trade Act, 19 U.S.C. 2272(a): TA–W–73,441C, TA–W– 73,441D and TA–W–73,441E. Criterion I has not been met because a significant number or proportion of the workers’ at each of the aforementioned worker groups have not become totally or partially separated, nor threatened to become totally or partially separated. 29 CFR 90.2 states that a significant number or proportion of the workers means at least three (3) workers in a firm (or appropriate subdivision thereof) with a workforce of fewer than 50 workers, or five (5) percent of the workers or 50 workers, whichever is less, in a workforce of 50 or more workers. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Quad Graphics, Inc., Pewaukee, Wisconsin (TA–W–73,441C); Quad Graphics, Inc., Lomira, Wisconsin (TA–W–73,441D); and Quad Graphics, Inc., Hartford, Wisconsin (TA–W–73,441E). Further, after careful review of the additional facts obtained on reconsideration, I determine that workers and former workers of Quad Graphics, Inc., Sussex, Wisconsin; Quad Tech, Inc., Sussex, Wisconsin; Quad Graphics, Inc., West Allis, Wisconsin; World Color Mt. Morris II, LLC, Mt. Morris, Illinois; and PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 Quad Graphics, Inc., Depew, New York, 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 Quad Graphics, Inc., including leased workers from Staff Management, Inc., Sussex, Wisconsin (TA– W–73,441); Quad Tech, Inc., including leased workers from FIRSTECH, Eagle Technology Group, Inc., and RCM Technologies, Sussex, Wisconsin (TA–W–73,441A); Quad Graphics, Inc., including leased workers from Staff Management, Inc., West Allis, Wisconsin (TA–W–73,441B); World Color Mt. Morris II, LLC, a subsidiary of Quad Graphics, Inc., Mt. Morris, Illinois (TA–W–73,441F); and Quad Graphics, Inc., including leased workers from SPS Temporaries, Depew, New York (TA–W– 73,441G), who became totally or partially separated from employment on or after February 2, 2009, 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 27th day of September 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–25714 Filed 10–4–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2011–0185] Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts); Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comments. AGENCY: OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirement contained in the Standard on VehicleMounted Elevating and Rotating Work Platforms (Aerial Lifts) (29 CFR 1910.67). The purpose of the requirement is to reduce workers’ risk of death or serious injury by ensuring that aerial lifts are in safe operating condition. DATES: Comments must be submitted (postmarked, sent, or received) by December 5, 2011. SUMMARY: E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Pages 61749-61750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25714]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-73,441; TA-W-73,441A; TA-W-73,441B; TA-W-73,441C; TA-W-73,441D; 
TA-W-73,441E; TA-W-73,441F; TA-W-73,441G]


 Notice of Revised Determination on Reconsideration

TA-W-73,441
    Quad Graphics, Inc., Including Leased Workers From Staff 
Management, Inc., Sussex, WI
TA-W-73,441A
    Quad Tech, Inc., Including Leased Workers From Firstech, Eagle 
Technology Group, Inc., and RCM Technologies, Sussex, WI
TA-W-73,441B
    Quad Graphics, Inc., Including Leased Workers From Staff 
Management, Inc., West Allis, WI
TA-W-73,441C
    Quad Graphics, Inc., Including Leased Workers From Staff 
Management, Inc., Pewaukee, WI
TA-W-73,441D
    Quad Graphics, Inc., Including Leased Workers From Staff 
Management, Inc., Lomira, WI
TA-W-73,441E
    Quad Graphics, Inc., Including Leased Workers From Staff 
Management, Inc., Hartford, WI
TA-W-73,441F
    World Color Mt. Morris II, LLC, a Subsidiary of Quad Graphics, 
Inc., Mt. Morris, IL
TA-W-73,441G
    Quad Graphics, Inc., Including Leased Workers From SPS 
Temporaries, Depew, NY
    On February 17, 2011, the Department issued a Notice of Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Quad Tech, Inc. (subject firm), Sussex, Wisconsin 
(TA-W-73,441A) to apply for Trade Adjustment Assistance (TAA). The 
Department's Notice was published in the Federal Register on March 15, 
2011 (76 FR 14099).

[[Page 61750]]

    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.
    During the reconsideration investigation, the subject firm company 
official clarified that the worker who requested reconsideration worked 
at Quad Graphics, Inc., Hartford, Wisconsin (TA-W-73,441E). Further, 
additional clarifying information was received which resulted in an 
expanded reconsideration investigation that included:
     Quad Graphics, Inc., including leased workers from Staff 
Management, Inc., Sussex, Wisconsin (TA-W-73,441), engaged in the 
production of magazines and catalogs;
     Quad Tech, Inc., including leased workers from FIRSTECH, 
Eagle Technology Group, Inc., and RCM Technologies, Sussex, Wisconsin 
(TA-W-73,441A), engaged in the production of automated controls and 
finishing controls for printing presses and supply of support services;
     Quad Graphics, Inc., including leased workers from Staff 
Management, Inc., West Allis, Wisconsin (TA-W-73,441B), engaged in the 
production of magazines and catalogs;
     Quad Graphics, Inc., including leased workers from Staff 
Management, Inc., Pewaukee, Wisconsin (TA-W-73,441C), engaged in the 
production of magazines and catalogs;
     Quad Graphics, Inc., including leased workers from Staff 
Management, Inc., Lomira, Wisconsin (TA-W-73,441D), engaged in the 
production of magazines and catalogs;
     Quad Graphics, Inc., including leased workers from Staff 
Management, Inc., Hartford, Wisconsin (TA-W-73,441E), engaged in the 
production of magazines and catalogs;
     World Color Mt. Morris II, LLC, a subsidiary of Quad 
Graphics, Inc., Mt. Morris, Illinois (TA-W-73,441F), engaged in the 
production of magazines and catalogs; and
     Quad Graphics, Inc., including leased workers from SPS 
Temporaries, Depew, New York (TA-W-73,441G), engaged in the production 
of paperback books.
    The reconsideration investigation revealed that the following 
worker groups have met the certification criteria under Section 222(a) 
of the Trade Act, 19 U.S.C. 2272(a): TA-W-73,441, TA-W-73,441A, TA-W-
73,441B, TA-W-73,441F, and TA-W-73,441G.
    Criterion I has been met because a significant number or proportion 
of workers at each of the aforementioned worker groups have become 
totally or partially separated, or are threatened with such separation.
    Criterion II has been met because there has been an acquisition 
from a foreign country by the subject firm of articles that are like or 
directly competitive with those produced by the aforementioned worker 
groups.
    Criterion III has been met because the acquisition of articles 
contributed importantly to the workers' separation or threat of 
separation at the afore-mentioned worker groups.
    A careful review of the administrative record and additional 
information obtained by the Department during the reconsideration 
investigation revealed that the following worker groups have not met 
the certification criteria under Section 222(a) of the Trade Act, 19 
U.S.C. 2272(a): TA-W-73,441C, TA-W-73,441D and TA-W-73,441E.
    Criterion I has not been met because a significant number or 
proportion of the workers' at each of the afore-mentioned worker groups 
have not become totally or partially separated, nor threatened to 
become totally or partially separated.
    29 CFR 90.2 states that a significant number or proportion of the 
workers means at least three (3) workers in a firm (or appropriate 
subdivision thereof) with a workforce of fewer than 50 workers, or five 
(5) percent of the workers or 50 workers, whichever is less, in a 
workforce of 50 or more workers.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Quad Graphics, Inc., Pewaukee, 
Wisconsin (TA-W-73,441C); Quad Graphics, Inc., Lomira, Wisconsin (TA-W-
73,441D); and Quad Graphics, Inc., Hartford, Wisconsin (TA-W-73,441E). 
Further, after careful review of the additional facts obtained on 
reconsideration, I determine that workers and former workers of Quad 
Graphics, Inc., Sussex, Wisconsin; Quad Tech, Inc., Sussex, Wisconsin; 
Quad Graphics, Inc., West Allis, Wisconsin; World Color Mt. Morris II, 
LLC, Mt. Morris, Illinois; and Quad Graphics, Inc., Depew, New York, 
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 Quad Graphics, Inc., including leased workers 
from Staff Management, Inc., Sussex, Wisconsin (TA-W-73,441); Quad 
Tech, Inc., including leased workers from FIRSTECH, Eagle Technology 
Group, Inc., and RCM Technologies, Sussex, Wisconsin (TA-W-73,441A); 
Quad Graphics, Inc., including leased workers from Staff Management, 
Inc., West Allis, Wisconsin (TA-W-73,441B); World Color Mt. Morris 
II, LLC, a subsidiary of Quad Graphics, Inc., Mt. Morris, Illinois 
(TA-W-73,441F); and Quad Graphics, Inc., including leased workers 
from SPS Temporaries, Depew, New York (TA-W-73,441G), who became 
totally or partially separated from employment on or after February 
2, 2009, 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 27th day of September 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-25714 Filed 10-4-11; 8:45 am]
BILLING CODE 4510-FN-P

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