Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 16070-16073 [2012-6571]
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16070
Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices
DEPARTMENT OF LABOR
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Employee
Retirement Income Security Act of
1974 Technical Release 91–1
Office of the Secretary, Labor.
Notice.
AGENCY:
ACTION:
The Department of Labor
(DOL) is submitting the Employee
Benefits Security Administration
(EBSA) sponsored information
collection request (ICR) titled,
‘‘Employee Retirement Income Security
Act of 1974 Technical Release 91–1,’’ to
the Office of Management and Budget
(OMB) for review and approval for
continued use in accordance with the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501 et seq.).
DATES: Submit comments on or before
April 18, 2012.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained from the RegInfo.gov
Web site, https://www.reginfo.gov/
public/do/PRAMain,on the day
following publication of this notice or
by contacting Michel Smyth by
telephone at 202–693–4129 (this is not
a toll-free number) or sending an email
to DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request
to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for the DOL–EBSA, Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–6929/Fax: 202–395–6881
(these are not toll-free numbers), email:
OIRA_submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Contact Michel Smyth by telephone at
202–693–4129 (this is not a toll-free
number) or by email at DOL_PRA_
PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: The
subject information collection
requirements arise from Employee
Retirement Income Security Act of 1974
(ERISA) section 101(e), which
establishes notice requirements that
must be satisfied before an employer
may transfer excess assets from a
defined benefit pension plan to a retiree
health benefit account, as permitted
under the conditions set forth in
Internal Revenue Code of 1986, as
amended (the Code) section 420. The
section 101(e) notice requirements are
two-fold. First, subsection (e)(1) requires
plan administrators to provide advance
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written notification of such transfers to
participants and beneficiaries. Second,
subsection (e)(2)(A) requires employers
to provide advance written notification
of such transfers to the Secretaries of
Labor and the Treasury, the plan
administrator, and each employee
organization representing participants
in the plan. Both notices must be given
at least 60 days before the transfer date.
The two subsections prescribe the
information to be included in each type
of notice and further give the Secretary
of Labor the authority to prescribe how
notice to participants and beneficiaries
must be given and how any additional
reporting requirements are deemed
necessary.
The DOL published ERISA Technical
Release 91–1 on May 8, 1991, to provide
guidance on how to satisfy the notice
requirements prescribed by this section
of the Act. The Technical Release made
two changes in the statutory
requirements for the second type of
notice. First, it required the notice to
include a filing date and the intended
asset transfer date. The Release also
simplified the statutory filing
requirements by providing that filing
with the DOL would be deemed
sufficient notice to both the DOL and
the Department of the Treasury, as
required under the statute.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information if the
collection of information does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6. The
DOL obtains OMB approval for this
information collection under OMB
Control Number 1210–0084. The current
OMB approval is scheduled to expire on
March 31, 2012; however, it should be
noted that existing information
collection requirements submitted to the
OMB receive a month-to-month
extension while they undergo review.
For additional information, see the
related notice published in the Federal
Register on December 7, 2011 (76 FR
76439).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within 30 days of publication of
this notice in the Federal Register. In
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order to help ensure appropriate
consideration, comments should
reference OMB Control Number 1210–
0084. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–EBSA.
Title of Collection: Employee
Retirement Income Security Act of 1974
Technical Release 91–1.
OMB Control Number: 1210–0084.
Affected Public: Private Sector—
Businesses or Other For-Profits.
Total Estimated Number of
Respondents: 12.
Total Estimated Number of
Responses: 82,518.
Total Estimated Annual Burden
Hours: 1,392.
Total Estimated Annual Other Costs
Burden: $20,715.
Dated: March 14, 2012.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012–6569 Filed 3–16–12; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Notice of Determinations Regarding
Eligibility To Apply for Worker
Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended (19
U.S.C. 2273) the Department of Labor
herein presents summaries of
determinations regarding eligibility to
apply for trade adjustment assistance for
workers by (TA–W) number issued
during the period of February 27, 2012
through March 2, 2012.
In order for an affirmative
determination to be made for workers of
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Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices
a primary firm and a certification issued
regarding eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(a) of the Act must be met.
I. Under Section 222(a)(2)(A), the
following must be satisfied:
(1) A significant number or proportion
of the workers in such workers’ firm
have become totally or partially
separated, or are threatened to become
totally or partially separated;
(2) The sales or production, or both,
of such firm have decreased absolutely;
and
(3) One of the following must be
satisfied:
(A) Imports of articles or services like
or directly competitive with articles
produced or services supplied by such
firm have increased;
(B) Imports of articles like or directly
competitive with articles into which one
or more component parts produced by
such firm are directly incorporated,
have increased;
(C) Imports of articles directly
incorporating one or more component
parts produced outside the United
States that are like or directly
competitive with imports of articles
incorporating one or more component
parts produced by such firm have
increased;
(D) Imports of articles like or directly
competitive with articles which are
produced directly using services
supplied by such firm, have increased;
and
(4) The increase in imports
contributed importantly to such
workers’ separation or threat of
separation and to the decline in the
sales or production of such firm; or
II. Under Section 222(a)(2)(B) all of
the following must be satisfied:
(1) A significant number or proportion
of the workers in such workers’ firm
have become totally or partially
separated, or are threatened to become
totally or partially separated;
(2) One of the following must be
satisfied:
(A) There has been a shift by the
workers’ firm to a foreign country in the
production of articles or supply of
services like or directly competitive
with those produced/supplied by the
workers’ firm;
(B) There has been an acquisition
from a foreign country by the workers’
firm of articles/services that are like or
directly competitive with those
produced/supplied by the workers’ firm;
and
(3) The shift/acquisition contributed
importantly to the workers’ separation
or threat of separation.
In order for an affirmative
determination to be made for adversely
affected workers in public agencies and
a certification issued regarding
eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(b) of the Act must be met.
(1) A significant number or proportion
of the workers in the public agency have
become totally or partially separated, or
are threatened to become totally or
partially separated;
(2) The public agency has acquired
from a foreign country services like or
directly competitive with services
which are supplied by such agency; and
(3) The acquisition of services
contributed importantly to such
workers’ separation or threat of
separation.
In order for an affirmative
determination to be made for adversely
affected secondary workers of a firm and
a certification issued regarding
eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(c) of the Act must be met.
(1) 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;
(2) The workers’ firm is a Supplier or
Downstream Producer to a firm that
employed a group of workers who
received a certification of eligibility
under Section 222(a) of the Act, and
such supply or production is related to
the article or service that was the basis
for such certification; and
(3) Either—
(A) The workers’ firm is a supplier
and the component parts it supplied to
the firm described in paragraph (2)
accounted for at least 20 percent of the
production or sales of the workers’ firm;
or
(B) A loss of business by the workers’
firm with the firm described in
paragraph (2) contributed importantly to
the workers’ separation or threat of
separation.
In order for an affirmative
determination to be made for adversely
affected workers in firms identified by
the International Trade Commission and
a certification issued regarding
eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section 222(f)
of the Act must be met.
(1) The workers’ firm is publicly
identified by name by the International
Trade Commission as a member of a
domestic industry in an investigation
resulting in—
(A) An affirmative determination of
serious injury or threat thereof under
section 202(b)(1);
(B) An affirmative determination of
market disruption or threat thereof
under section 421(b)(1); or
(C) An affirmative final determination
of material injury or threat thereof under
section 705(b)(1)(A) or 735(b)(1)(A) of
the Tariff Act of 1930 (19 U.S.C.
1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) The petition is filed during the
1-year period beginning on the date on
which—
(A) A summary of the report
submitted to the President by the
International Trade Commission under
section 202(f)(1) with respect to the
affirmative determination described in
paragraph (1)(A) is published in the
Federal Register under section 202(f)(3);
or
(B) Notice of an affirmative
determination described in
subparagraph (1) is published in the
Federal Register; and
(3) The workers have become totally
or partially separated from the workers’
firm within—
(A) The 1-year period described in
paragraph (2); or
(B) Notwithstanding section 223(b)(1),
the 1-year period preceding the 1-year
period described in paragraph (2).
Affirmative Determinations for Worker
Adjustment Assistance
The following certifications have been
issued. The date following the company
name and location of each
determination references the impact
date for all workers of such
determination.
The following certifications have been
issued. The requirements of Section
222(a)(2)(A) (increased imports) of the
Trade Act have been met.
TA–W No.
Subject firm
Location
81,041 ...............
81,184 ...............
81,280 ...............
Vanguard Pai Lung, LLC ................................................................
C&M Wood Industries, Inc. ............................................................
Par Logistics Management Systems Corporation, including onsite leased workers from Adecco and Staffworks.
Monroe, NC ........................
Hesperia, CA ......................
New Hartford, NY ...............
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13:40 Mar 16, 2012
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Impact date
19MRN1
July 22, 2011.
February 13, 2010.
January 25, 2011.
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Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices
TA–W No.
Subject firm
Location
81,288 ...............
Criticare Systems, Inc., Including on site leased workers: Adecco
and Accountemps.
Waukesha, WI ....................
The following certifications have been
issued. The requirements of Section
222(a)(2)(B) (shift in production or
Impact date
January 30, 2011.
services) of the Trade Act have been
met.
TA–W No.
Subject firm
Location
81,199 ...............
81,211 ...............
Wellpoint, Inc., Sales Fulfillment Division, Kelly Services, Aerotek
Solaicx, a wholly owned subsidiary of MEMC, MEMC Portland
Division, incl. leased workers from Aerotek and Express Employment Solutions.
Olean Advanced Products, Division of AVX Corporation ..............
Teachscape ....................................................................................
Roanoke, VA ......................
Portland, OR ......................
February 13, 2010.
February 13, 2010.
Olean, NY ...........................
San Francisco, CA .............
February 3, 2011.
February 6, 2011.
81,294 ...............
81,311 ...............
The following certifications have been
issued. The requirements of Section
222(c) (supplier to a firm whose workers
Impact date
are certified eligible to apply for TAA)
of the Trade Act have been met.
TA–W No.
Subject firm
Location
81,155 ...............
Yorktowne Paperboard Corp., Paperboard Mill Div., Newark
Group.
Newark Paperboard Products, Newark Group ...............................
The Newark Group .........................................................................
Air Products and Chemicals Inc., Working On-Site at Hewlett
Packard Company.
York, PA .............................
February 13, 2010.
Monmouth, ME ...................
Cranford, NJ .......................
Boise, ID .............................
February 13, 2010.
February 13, 2010.
February 14, 2011.
81,155A ............
81,155B ............
81,333 ...............
Negative Determinations for Worker
Adjustment Assistance
In the following cases, the
investigation revealed that the eligibility
criteria for worker adjustment assistance
have not been met for the reasons
specified.
The investigation revealed that the
criteria under paragraphs (a)(2)(A)
TA–W No.
Subject firm
81,187 ...............
American Express Travel Related Services Company, Inc., World
Service—Global Billing and Payment Services (GBPS) inc.
Kelly Services.
Time Warner Entertainment Company, L.P ...................................
81,281 ...............
Determinations Terminating
Investigations of Petitions for Worker
Adjustment Assistance
PlumChoice ....................................................................................
Coudersport, PA.
81,270 ...............
Header Products, Inc ......................................................................
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Impact date
Billerica, MA.
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
Subject firm
13:40 Mar 16, 2012
The following determinations
terminating investigations were issued
because the petitioner has requested
that the petition be withdrawn.
Location
TA–W No.
VerDate Mar<15>2010
Impact date
Weston, FL.
Subject firm
81,321 ...............
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TA–W No.
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
(increased imports) and (a)(2)(B) (shift
in production or services to a foreign
country) of section 222 have not been
met.
Location
on the Department’s Web site, 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
Impact date
therefore, may not be part of a
petitioning worker group. For one or
more of these reasons, these petitions
were deemed invalid.
Location
Fmt 4703
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Impact date
Romulus, MI.
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16073
Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices
I hereby certify that the
aforementioned determinations were
issued during the period of February 27,
2012 through March 2, 2012. These
determinations are available on the
Department’s Web site tradeact/taa/taa
search form.cfm under the searchable
listing of determinations or by calling
the Office of Trade Adjustment
Assistance toll-free at 888–365–6822.
Dated: March 9, 2012.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2012–6571 Filed 3–16–12; 8:45 am]
BILLING CODE 4510–FN–P
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, Office of Trade Adjustment
Assistance, at the address shown below,
not later than March 29, 2012.
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 March 29, 2012.
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 9th day of
March 2012.
Michael Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
APPENDIX
[40 TAA petitions instituted between 2/20/12 and 3/2/12]
TA–W
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81348
81349
81350
81351
81352
81353
81354
81355
81356
81357
81358
81359
81360
81361
81362
81363
81364
81365
81366
81367
81368
81369
81370
81371
81372
81373
................
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................
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................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
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................
................
81374 ................
81375 ................
81376 ................
81377
81378
81379
81380
81381
81382
81383
................
................
................
................
................
................
................
VerDate Mar<15>2010
Date of
institution
Date of
petition
Subject firm (petitioners)
Location
Fashion Tech (Company) .....................................................
Alcatel—Lucent (Workers) ....................................................
Fashion Ability Inc. (Workers) ..............................................
Quanex Corporation/Truseal Technologies Inc. (Union) ......
Simclar, Inc. (Company) .......................................................
UBS Services LLC (Workers) ...............................................
ALCOA, Tennessee Operations (Union) ..............................
Sanmina—SCI Corporation (State/One-Stop) ......................
The W.E. Bassett Company (Company) ..............................
Tri-Fab (State/One-Stop) ......................................................
Clipper Windpower Inc. (Workers) .......................................
Codi Inc. (Company) ............................................................
Robert Bosch, LLC (Union) ..................................................
The State Journal-Register (Workers) .................................
Prairie Mountain Publishing (Workers) .................................
FLABEG Automotive US Corporation (Company) ...............
Jeld Wen, Inc. (State/One-Stop) ..........................................
Avaya, Audio and Video Group (State/One-Stop) ...............
Lumber Products, Sunrise Division (State/One-Stop) ..........
Infinite Convergence Solutions (Workers) ............................
CitiGroup (State/One-Stop) ..................................................
Versatile Entertainment, Inc. (Company) .............................
Intelius, Inc. (Workers) .........................................................
Flo-Pro, Inc. (Company) .......................................................
Simpson Lumber Co. LLC (Union) .......................................
RS Medical (International Rehabilitative Services) (State/
One-Stop).
Emhart Teknologies (State/One-Stop) .................................
Dow Jones Corporation (State/One-Stop) ...........................
Stanley Black and Decker, working from home in Houston,
Texas (Workers).
Allied Motion Motor Products (Workers) ..............................
II–VI Inc. (Workers) ..............................................................
IBM (State/One-Stop) ...........................................................
YPG (Workers) .....................................................................
Coplas, Inc. (State/One-Stop) ..............................................
Vector Engineering Inc. (Workers) .......................................
Impact Confections (State/One-Stop) ..................................
Salt Lake City, UT .................
Charlotte, NC ........................
New York, NY .......................
Barbourville, KY ....................
Dayton, OH ...........................
Jersey City, NJ ......................
Alcoa, TN ..............................
Huntsville, AL ........................
Shelton, CT ...........................
Fremont, CA ..........................
Carpinteria, CA .....................
Tower City, PA ......................
St. Joseph, MI .......................
Springfield, IL ........................
Boulder, CO ..........................
Brackenridge, PA ..................
Bend, OR ..............................
Highlands Ranch, CO ...........
Spokane Valley, WA .............
Arlington Heights, IL .............
Tampa, FL .............................
Los Angeles, CA ...................
Bothell, WA ...........................
Bedford, NH ..........................
Shelton, WA ..........................
Vancouver, WA .....................
02/21/12
02/21/12
02/21/12
02/21/12
02/21/12
02/21/12
02/21/12
02/22/12
02/22/12
02/22/12
02/22/12
02/23/12
02/24/12
02/24/12
02/24/12
02/24/12
02/24/12
02/24/12
02/27/12
02/27/12
02/27/12
02/27/12
02/27/12
02/27/12
02/27/12
02/28/12
02/17/12
02/17/12
02/19/12
02/18/12
02/17/12
02/17/12
02/07/12
02/21/12
02/08/12
02/10/12
02/21/12
02/22/12
02/23/12
02/17/12
02/23/12
02/23/12
02/23/12
02/23/12
02/23/12
02/27/12
02/24/12
02/24/12
02/24/12
02/24/12
02/21/12
02/27/12
Campbellsville, KY ................
Princeton, NJ ........................
Townson, MD ........................
02/28/12
02/28/12
02/28/12
02/27/12
02/28/12
02/27/12
Owosso, MI ...........................
Saxonburg, PA ......................
Phoenix, AZ ..........................
Blue Bell, PA .........................
Shreveport, LA ......................
Grass Valley, CA ..................
Roswell, NM ..........................
02/29/12
02/29/12
02/29/12
02/29/12
03/01/12
03/01/12
03/02/12
02/28/12
02/10/12
02/03/12
02/04/12
02/29/12
02/28/12
02/29/12
13:40 Mar 16, 2012
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]]>Agencies
[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Notices]
[Pages 16070-16073]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6571]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Notice of Determinations Regarding Eligibility To Apply for
Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as amended
(19 U.S.C. 2273) the Department of Labor herein presents summaries of
determinations regarding eligibility to apply for trade adjustment
assistance for workers by (TA-W) number issued during the period of
February 27, 2012 through March 2, 2012.
In order for an affirmative determination to be made for workers of
[[Page 16071]]
a primary firm and a certification issued regarding eligibility to
apply for worker adjustment assistance, each of the group eligibility
requirements of Section 222(a) of the Act must be met.
I. Under Section 222(a)(2)(A), the following must be satisfied:
(1) A significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) The sales or production, or both, of such firm have decreased
absolutely; and
(3) One of the following must be satisfied:
(A) Imports of articles or services like or directly competitive
with articles produced or services supplied by such firm have
increased;
(B) Imports of articles like or directly competitive with articles
into which one or more component parts produced by such firm are
directly incorporated, have increased;
(C) Imports of articles directly incorporating one or more
component parts produced outside the United States that are like or
directly competitive with imports of articles incorporating one or more
component parts produced by such firm have increased;
(D) Imports of articles like or directly competitive with articles
which are produced directly using services supplied by such firm, have
increased; and
(4) The increase in imports contributed importantly to such
workers' separation or threat of separation and to the decline in the
sales or production of such firm; or
II. Under Section 222(a)(2)(B) all of the following must be
satisfied:
(1) A significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) One of the following must be satisfied:
(A) There has been a shift by the workers' firm to a foreign
country in the production of articles or supply of services like or
directly competitive with those produced/supplied by the workers' firm;
(B) There has been an acquisition from a foreign country by the
workers' firm of articles/services that are like or directly
competitive with those produced/supplied by the workers' firm; and
(3) The shift/acquisition contributed importantly to the workers'
separation or threat of separation.
In order for an affirmative determination to be made for adversely
affected workers in public agencies and a certification issued
regarding eligibility to apply for worker adjustment assistance, each
of the group eligibility requirements of Section 222(b) of the Act must
be met.
(1) A significant number or proportion of the workers in the public
agency have become totally or partially separated, or are threatened to
become totally or partially separated;
(2) The public agency has acquired from a foreign country services
like or directly competitive with services which are supplied by such
agency; and
(3) The acquisition of services contributed importantly to such
workers' separation or threat of separation.
In order for an affirmative determination to be made for adversely
affected secondary workers of a firm and a certification issued
regarding eligibility to apply for worker adjustment assistance, each
of the group eligibility requirements of Section 222(c) of the Act must
be met.
(1) 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;
(2) The workers' firm is a Supplier or Downstream Producer to a
firm that employed a group of workers who received a certification of
eligibility under Section 222(a) of the Act, and such supply or
production is related to the article or service that was the basis for
such certification; and
(3) Either--
(A) The workers' firm is a supplier and the component parts it
supplied to the firm described in paragraph (2) accounted for at least
20 percent of the production or sales of the workers' firm; or
(B) A loss of business by the workers' firm with the firm described
in paragraph (2) contributed importantly to the workers' separation or
threat of separation.
In order for an affirmative determination to be made for adversely
affected workers in firms identified by the International Trade
Commission and a certification issued regarding eligibility to apply
for worker adjustment assistance, each of the group eligibility
requirements of Section 222(f) of the Act must be met.
(1) The workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic industry in an
investigation resulting in--
(A) An affirmative determination of serious injury or threat
thereof under section 202(b)(1);
(B) An affirmative determination of market disruption or threat
thereof under section 421(b)(1); or
(C) An affirmative final determination of material injury or threat
thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) The petition is filed during the 1-year period beginning on the
date on which--
(A) A summary of the report submitted to the President by the
International Trade Commission under section 202(f)(1) with respect to
the affirmative determination described in paragraph (1)(A) is
published in the Federal Register under section 202(f)(3); or
(B) Notice of an affirmative determination described in
subparagraph (1) is published in the Federal Register; and
(3) The workers have become totally or partially separated from the
workers' firm within--
(A) The 1-year period described in paragraph (2); or
(B) Notwithstanding section 223(b)(1), the 1-year period preceding
the 1-year period described in paragraph (2).
Affirmative Determinations for Worker Adjustment Assistance
The following certifications have been issued. The date following
the company name and location of each determination references the
impact date for all workers of such determination.
The following certifications have been issued. The requirements of
Section 222(a)(2)(A) (increased imports) of the Trade Act have been
met.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
81,041................ Vanguard Pai Monroe, NC........................ July 22, 2011.
Lung, LLC.
81,184................ C&M Wood Hesperia, CA...................... February 13, 2010.
Industries,
Inc..
81,280................ Par Logistics New Hartford, NY.................. January 25, 2011.
Management
Systems
Corporation,
including on-
site leased
workers from
Adecco and
Staffworks.
[[Page 16072]]
81,288................ Criticare Waukesha, WI...................... January 30, 2011.
Systems, Inc.,
Including on
site leased
workers: Adecco
and Accountemps.
----------------------------------------------------------------------------------------------------------------
The following certifications have been issued. The requirements of
Section 222(a)(2)(B) (shift in production or services) of the Trade Act
have been met.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
81,199................ Wellpoint, Inc., Roanoke, VA....................... February 13, 2010.
Sales
Fulfillment
Division, Kelly
Services,
Aerotek.
81,211................ Solaicx, a Portland, OR...................... February 13, 2010.
wholly owned
subsidiary of
MEMC, MEMC
Portland
Division, incl.
leased workers
from Aerotek
and Express
Employment
Solutions.
81,294................ Olean Advanced Olean, NY......................... February 3, 2011.
Products,
Division of AVX
Corporation.
81,311................ Teachscape...... San Francisco, CA................. February 6, 2011.
----------------------------------------------------------------------------------------------------------------
The following certifications have been issued. The requirements of
Section 222(c) (supplier to a firm whose workers are certified eligible
to apply for TAA) of the Trade Act have been met.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
81,155................ Yorktowne York, PA.......................... February 13, 2010.
Paperboard
Corp.,
Paperboard Mill
Div., Newark
Group.
81,155A............... Newark Monmouth, ME...................... February 13, 2010.
Paperboard
Products,
Newark Group.
81,155B............... The Newark Group Cranford, NJ...................... February 13, 2010.
81,333................ Air Products and Boise, ID......................... February 14, 2011.
Chemicals Inc.,
Working On-Site
at Hewlett
Packard Company.
----------------------------------------------------------------------------------------------------------------
Negative Determinations for Worker Adjustment Assistance
In the following cases, the investigation revealed that the
eligibility criteria for worker adjustment assistance have not been met
for the reasons specified.
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 Impact date
----------------------------------------------------------------------------------------------------------------
81,187................ American Express Weston, FL. ..................................
Travel Related
Services
Company, Inc.,
World Service--
Global Billing
and Payment
Services (GBPS)
inc. Kelly
Services.
81,281................ Time Warner Coudersport, PA. ..................................
Entertainment
Company, L.P.
----------------------------------------------------------------------------------------------------------------
Determinations Terminating Investigations of Petitions for Worker
Adjustment Assistance
After notice of the petitions was published in the Federal Register
and on the Department's Web site, as required by Section 221 of the Act
(19 U.S.C. 2271), the Department initiated investigations of these
petitions.
The following determinations terminating investigations were issued
because the petitioner has requested that the petition be withdrawn.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
81,321................ PlumChoice...... Billerica, MA. ..................................
----------------------------------------------------------------------------------------------------------------
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 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 Impact date
----------------------------------------------------------------------------------------------------------------
81,270................ Header Products, Romulus, MI. ..................................
Inc.
----------------------------------------------------------------------------------------------------------------
[[Page 16073]]
I hereby certify that the aforementioned determinations were issued
during the period of February 27, 2012 through March 2, 2012. These
determinations are available on the Department's Web site tradeact/taa/
taa search form.cfm under the searchable listing of determinations or
by calling the Office of Trade Adjustment Assistance toll-free at 888-
365-6822.
Dated: March 9, 2012.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-6571 Filed 3-16-12; 8:45 am]
BILLING CODE 4510-FN-P
