Naugatuck Valley Surgical Center, Department of Saint Mary's Hospital, Waterbury, Connecticut; Notice of Negative Determination on Reconsideration, 15052 [2013-05457]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Notices]
[Page 15052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05457]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,137]


Naugatuck Valley Surgical Center, Department of Saint Mary's 
Hospital, Waterbury, Connecticut; Notice of Negative Determination on 
Reconsideration

    On January 25, 2013, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration applicable to 
workers and former workers of Naugatuck Valley Surgical Center, a 
Department of Saint Mary's Hospital, Waterbury, Connecticut (subject 
firm). The Department's notice of affirmative determination was 
published in the Federal Register on February 12, 2013 (78 FR 9940). 
The subject workers supply medical transcription services.
    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 the Department's findings of no shift in the supply of medical 
transcription services (or like or directly competitive services) to a 
foreign country, no acquisition from a foreign country the supply of 
medical transcription services (or like or directly competitive 
services), and no subject firm or customer imports of medical 
transcription services (or like or directly competitive services). The 
initial investigation also determined that the subject firm is not a 
supplier or downstream supplier to a firm that employed a worker group 
eligible to apply for Trade Adjustment Assistance based on a shift of 
services or increased imports of like or directly competitive services, 
and that the subject firm was not identified by name by the 
International Trade Commission, as required by Section 222(e) of the 
Trade Act of 1974, as amended, 19 U.S.C. 22272(e).
    In the request for reconsideration, the state workforce office 
alleged that a specific firm was used by the subject firm to outsource 
services that were completed offshore.
    Additional information obtained by the Department during the 
reconsideration investigation confirmed that the subject firm did not 
use any firm to outsource services and provided substantial evidence 
that established that outside firms that supply services like or 
directly competitive with those supplied by the workers at the subject 
firm must be completed in the United States.
    After careful review of previously-submitted information and 
information obtained during the reconsideration investigation, the 
Department determines that 29 CFR 90.18(c) has not been met.

Conclusion

    After careful review, I determine that the requirements of Section 
222 of the Act, 19 U.S.C. 2272, have not been met and, therefore, deny 
the petition for group eligibility of Naugatuck Valley Surgical Center, 
a Department of Saint Mary's Hospital, Waterbury, Connecticut, to apply 
for adjustment assistance, in accordance with Section 223 of the Act, 
19 U.S.C. 2273.

    Signed in Washington, DC, on this 25th day of February, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-05457 Filed 3-7-13; 8:45 am]
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