Long Elevator & Machine Company, Inc., Including Workers Whose Wages Were Reported Through Kone, Inc., Riverton, IL; Notice of Negative Determination on Reconsideration, 62265-62266 [2012-25134]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Notices and sealants used in window and door products and photovoltaic panels. Workers are not separately identifiable by article produced. The negative determination was based on the Department’s findings of no subject firm sales or production declines and no shift of production to a foreign country. Pursuant to 29 CFR 90.18(c), reconsideration may be granted under the following circumstances: (1) If it appears on the basis of facts not previously considered that the determination complained of was erroneous; (2) If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or (3) If in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. The request for reconsideration alleges that the subject firm has shifted to Germany the production of articles like or directly competitive with the flashing and sealant produced by the subject firm and that this information was provided by a company official. During the reconsideration investigation, the Department received confirmation from the subject firm of no shift to (or acquisition from) a foreign country the production of articles like or directly competitive with the flashing and sealant produced by the subject firm. Rather, the subject firm consolidated production to an existing, affiliated domestic facility. During the reconsideration investigation, the Department also contacted the company official identified in the request for reconsideration. The company official clarified that, while the subject firm does have a facility in Germany, there was no shift in production to any facility than the Cambridge, Ohio facility and the workers who filed the request for reconsideration had misunderstood him. Previously-submitted information revealed that subject firm employment, sales, and production did not decline prior to the plant closure in August 2012. Rather, employment, sales, and production increased in 2011 from 2010 levels. Therefore, after careful review of previously-submitted information, the request for reconsideration, and information obtained during reconsideration investigation, the Department determines that 29 CFR 90.18(c) has not been met. VerDate Mar<15>2010 13:59 Oct 11, 2012 Jkt 229001 Conclusion After careful reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Truseal Technologies, a Division of Quanex Building Products Corporation, Barbourville, Kentucky. Signed in Washington, DC on this 27th day of September, 2012. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2012–25136 Filed 10–11–12; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–80,525] Long Elevator & Machine Company, Inc., Including Workers Whose Wages Were Reported Through Kone, Inc., Riverton, IL; Notice of Negative Determination on Reconsideration On May 21, 2012, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration for workers and former workers of Long Elevator & Machine Company, Inc., including workers whose wages were reported through Kone, Inc., Riverton, Illinois (hereafter referred to as Long Elevator & Machine Company or the subject firm). The Department’s Notice was published in the Federal Register on June 6, 2012 (77 FR 33490). The workers’ firm was engaged in activities related to the supply of elevator production and repair services. The subject worker group was engaged in activities related to the supply of elevator repair services, which included production of repair parts (elevator component parts). 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 mis- interpretation of facts or of the law justified reconsideration of the decision. The initial investigation resulted in a negative determination based on no shift in production of elevator PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 62265 component parts to a foreign country and no increased imports of elevator component parts (or like or directly competitive articles). Rather, the supply of elevator repair services and production of elevator components at the subject firm was consolidated to another facility within the United States by the parent company, Kone, Inc. In the request for reconsideration, a worker alleged that the subject firm’s parent company had shifted abroad the production of articles like or directly competitive with those produced at the subject firm facility of Long Elevator & Machine Company. During the reconsideration investigation, the Department clarified information provided by workers, sought confirmation of previouslysubmitted information from the subject firm, and obtained new information from the subject firm. Information obtained during the reconsideration investigation confirmed that neither the subject firm nor its parent company shifted to (or acquired from) a foreign country the production of articles like or directly competitive with the elevator component parts produced by the subject workers and that neither the subject firm nor its parent company shifted to (or acquired from) a foreign country the supply of services like or directly competitive with the repair services supplied by the subject workers. Because each component part is specific to an elevator and the replacement parts produced at the Riverton, Illinois facility are for existing elevators, the component parts used in new elevators are not directly competitive with those for repaired elevators. Although Kone, Inc. has facilities abroad which produce new elevators for installation, elevators are not like or directly competitive with elevator parts because component parts are not like or directly competitive with finished articles (elevators). The subject firm confirmed that component parts which are like or directly competitive with those formerly produced at the Riverton, Illinois facility are produced at other domestic facilities. Therefore, after careful review of existing information, the request for reconsideration, and new information obtained during the reconsideration investigation, the Department determines that 29 CFR 90.18(c) has not been met. Conclusion After careful reconsideration, I affirm the original notice of negative determination of eligibility to apply for E:\FR\FM\12OCN1.SGM 12OCN1 62266 Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Notices worker adjustment assistance for workers and former workers of Long Elevator & Machine Company, Inc., including workers whose wages were reported through Kone, Inc., Riverton, Illinois. Signed in Washington, DC on this 27th day of September, 2012. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2012–25134 Filed 10–11–12; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Mine Safety and Health Administration SUPPLEMENTARY INFORMATION: [OMB Control No. 1219–0083] Proposed Extension of Existing Information Collection; Daily Inspection of Surface Coal Mines; Certified Person; Reports of Inspection (Pertains to Surface Coal Mines) Mine Safety and Health Administration, Labor. ACTION: Request for public comments. AGENCY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information in accordance with the Paperwork Reduction Act of 1995. This program helps to assure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration is soliciting comments concerning the extension of the information collection for 30 CFR 77.1713. OMB last approved this information collection request (ICR) on February 1, 2010. DATES: All comments must be postmarked or received by midnight Eastern Standard Time on December 11, 2012. ADDRESSES: Comments concerning the information collection requirements of this notice must be clearly identified with ‘‘OMB 1219–0083’’ and sent to the Mine Safety and Health Administration (MSHA). Comments may be sent by any of the methods listed below. • Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. wreier-aviles on DSK5TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 13:59 Oct 11, 2012 • Facsimile: 202–693–9441, include ‘‘OMB 1219–0083’’ in the subject line of the message. • Regular Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209–3939. For hand delivery, sign in at the receptionist’s desk on the 21st floor. FOR FURTHER INFORMATION CONTACT: Greg Moxness, Chief, Economic Analysis Division, Office of Standards, Regulations, and Variances, MSHA, at moxness.greg@dol.gov (email); 202– 693–9440 (voice); or 202–693–9441 (facsimile). Jkt 229001 I. Background The Secretary shall, in accordance with procedures set forth in Section 101(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act), and Section 553 of Title 5, United States Code, develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal or other mines. 30 U.S.C. 811(a). Additionally, section 103(h) of the Mine Act requires mine operators to establish and maintain ‘‘such records, make such reports, and provide such information, as the Secretary * * * may reasonably require from time to time to enable [her] to perform [her] functions under this Act.’’ 30 U.S.C. 813(h). Section 77.1713, Title 30 of the Code of Federal Regulations (30 CFR 77.1713) requires coal mine operators to conduct examinations of each active working area of surface mines, active surface installations at these mines, facilities and preparation plants not associated with underground coal mines for hazardous conditions during each shift. A report of hazardous conditions detected must be entered into a record book along with a description of any corrective actions taken. A number of potential hazards can exist at surface coal mines and facilities. Highwalls, mining equipment, travelways, and the handling of mining materials each present potentially hazardous conditions. Prior to the promulgation of 30 CFR 77.1713 in 1971, numerous miners had either lost their lives or received injuries of varying degrees of seriousness at areas affected by the subject standard. The majority of the injuries and fatalities resulted from hazardous conditions not detected and corrected. By conducting an on shift examination for hazardous conditions, mine operators better ensure a safe PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 working environment for the miners and a reduction in accidents. II. Desired Focus of Comments The Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of the information collection related to Daily Inspection of Surface Coal Mines; Certified Person; Reports of Inspection (Pertains to Surface Coal Mines). MSHA is particularly interested in comments that: • Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; • Evaluate the accuracy of the MSHA’s estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; • Suggest methods to enhance the quality, utility, and clarity of the information to be collected; and • Address the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submissions of responses), to minimize the burden of the collection of information on those who are to respond. The public may examine publicly available documents, including the public comment version of the supporting statement, at MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209–3939. OMB clearance requests are available on MSHA’s Web site at http:// www.msha.gov under ‘‘Rules & Regs’’ on the right side of the screen by selecting Information Collections Requests, Paperwork Reduction Act Supporting Statements. The document will be available on MSHA’s Web site for 60 days after the publication date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. Because comments will not be edited to remove any identifying or contact information, MSHA cautions the commenter against including any information in the submission that should not be publicly disclosed. Questions about the information collection requirements may be directed to the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice. III. Current Actions The information obtained from mine operators is used by MSHA during inspections to determine compliance E:\FR\FM\12OCN1.SGM 12OCN1

Agencies

[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Pages 62265-62266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25134]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-80,525]


Long Elevator & Machine Company, Inc., Including Workers Whose 
Wages Were Reported Through Kone, Inc., Riverton, IL; Notice of 
Negative Determination on Reconsideration

    On May 21, 2012, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for workers and 
former workers of Long Elevator & Machine Company, Inc., including 
workers whose wages were reported through Kone, Inc., Riverton, 
Illinois (hereafter referred to as Long Elevator & Machine Company or 
the subject firm). The Department's Notice was published in the Federal 
Register on June 6, 2012 (77 FR 33490). The workers' firm was engaged 
in activities related to the supply of elevator production and repair 
services. The subject worker group was engaged in activities related to 
the supply of elevator repair services, which included production of 
repair parts (elevator component parts).
    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 mis- 
interpretation of facts or of the law justified reconsideration of the 
decision.
    The initial investigation resulted in a negative determination 
based on no shift in production of elevator component parts to a 
foreign country and no increased imports of elevator component parts 
(or like or directly competitive articles). Rather, the supply of 
elevator repair services and production of elevator components at the 
subject firm was consolidated to another facility within the United 
States by the parent company, Kone, Inc.
    In the request for reconsideration, a worker alleged that the 
subject firm's parent company had shifted abroad the production of 
articles like or directly competitive with those produced at the 
subject firm facility of Long Elevator & Machine Company.
    During the reconsideration investigation, the Department clarified 
information provided by workers, sought confirmation of previously-
submitted information from the subject firm, and obtained new 
information from the subject firm.
    Information obtained during the reconsideration investigation 
confirmed that neither the subject firm nor its parent company shifted 
to (or acquired from) a foreign country the production of articles like 
or directly competitive with the elevator component parts produced by 
the subject workers and that neither the subject firm nor its parent 
company shifted to (or acquired from) a foreign country the supply of 
services like or directly competitive with the repair services supplied 
by the subject workers.
    Because each component part is specific to an elevator and the 
replacement parts produced at the Riverton, Illinois facility are for 
existing elevators, the component parts used in new elevators are not 
directly competitive with those for repaired elevators.
    Although Kone, Inc. has facilities abroad which produce new 
elevators for installation, elevators are not like or directly 
competitive with elevator parts because component parts are not like or 
directly competitive with finished articles (elevators). The subject 
firm confirmed that component parts which are like or directly 
competitive with those formerly produced at the Riverton, Illinois 
facility are produced at other domestic facilities.
    Therefore, after careful review of existing information, the 
request for reconsideration, and new information obtained during the 
reconsideration investigation, the Department determines that 29 CFR 
90.18(c) has not been met.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative determination of eligibility to apply for

[[Page 62266]]

worker adjustment assistance for workers and former workers of Long 
Elevator & Machine Company, Inc., including workers whose wages were 
reported through Kone, Inc., Riverton, Illinois.

    Signed in Washington, DC on this 27th day of September, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-25134 Filed 10-11-12; 8:45 am]
BILLING CODE 4510-FN-P