ICG Knott County, LLC, a Subsidiary of ICG, Inc., a Subsidiary of Arch Coal, Inc.; Including On-Site Leased Workers From P&P Construction; Kite, Kentucky; Notice of Negative Determination on Reconsideration, 52973-52974 [2013-20815]
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tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices
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 that does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6. The DOL
obtains OMB approval for this
information collection under Control
Number 1220–0042. The current
approval is scheduled to expire on
October 31, 2013; however, it should be
noted that existing information
collection requirements submitted to the
OMB receive a month-to-month
extension while they undergo review.
New requirements would only take
effect upon OMB approval. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
May 20, 2013 (78 FR 29382).
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
order to help ensure appropriate
consideration, comments should
mention OMB Control Number 1220–
0042. 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–BLS.
Title of Collection: Report on
Occupational Employment and Wages.
OMB Control Number: 1220–0042.
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15:54 Aug 26, 2013
Jkt 229001
Affected Public: State, Local, and
Tribal Governments and Private
Sector—businesses or other for-profits
and not-for-profit institutions.
Total Estimated Number of
Respondents: 310,068.
Total Estimated Number of
Responses: 310,068.
Total Estimated Annual Burden
Hours: 232,550.
Total Estimated Annual Other Costs
Burden: $0.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: August 21, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013–20804 Filed 8–26–13; 8:45 am]
BILLING CODE 4510–24–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–82,313]
ICG Knott County, LLC, a Subsidiary of
ICG, Inc., a Subsidiary of Arch Coal,
Inc.; Including On-Site Leased Workers
From P&P Construction; Kite,
Kentucky; Notice of Negative
Determination on Reconsideration
On May 16, 2013, the Department of
Labor issued an Affirmative
Determination Regarding Application
for Reconsideration for the workers and
former workers of ICG Knott County,
LLC, a subsidiary of ICG, Inc., a
subsidiary of Arch Coal, Inc., Kite,
Kentucky (subject firm). The
Department’s Notice was published in
the Federal Register on May 30, 2013
(78 FR 32463). The workers are engaged
in employment related to the
production of bituminous coal. The
subject firm includes on-site leased
workers of P&P Construction.
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
findings that worker separations were
not attributable to increased imports of
bituminous coal (or articles like or
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
52973
directly competitive), by the subject
firm or its declining customers, or a
shift/acquisition of the production of
bituminous coal (or articles like or
directly competitive) to/from a foreign
country by the workers’ firm during the
time period under investigation (2011
and 2012).
In the request for reconsideration, a
former worker alleged that workers at
the subject firm were impacted by the
operations of the parent company, Arch
Coal, Inc., and the purchasing patterns
of its customers. The former worker also
alleged that the increased use of natural
gas instead of bituminous coal by
customers of the subject firm and
customers of the parent company led to
production declines and worker
separations at the subject firm.
Further, according to the allegation,
the customers that the subject firm
previously supplied with bituminous
coal switched to gas for their energy use
because the two products are directly
competitive. Therefore, the former
worker requested that the Department
expand the reconsideration
investigation to examine the operations
of the parent company and to evaluate
imports of natural gas.
During the reconsideration
investigation, the Department reviewed
and confirmed information collected
during the initial investigation,
collected additional information from
the subject firm and its major customers,
and collected and analyzed natural gas
data from the U.S. Energy Information
Administration and the U.S. Department
of Energy.
The reconsideration investigation
findings confirmed that neither the
subject firm nor its major customers
imported articles like or directly
competitive with bituminous coal
during the relevant period.
Additionally, the findings confirmed
that the subject firm did not shift the
production of bituminous coal to a
foreign country or acquire this article, or
any articles like or directly competitive,
from a foreign country during the period
under investigation. The findings of the
reconsideration investigation also
confirmed that Arch Coal, Inc. acquired
the subject firm during the period under
investigation but clarified that the
subject firm continued to operate
independently and retained its own
customer base following the acquisition.
During the initial investigation, the
Department conducted a customer
survey on the major customers of the
subject firm. The surveyed customers
reported no imports of bituminous coal
or articles like or directly competitive.
During the reconsideration
investigation, the Department contacted
E:\FR\FM\27AUN1.SGM
27AUN1
52974
Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices
the same customers to determine
whether these customers had the
operational capability to use natural gas
and, if so, whether they increased
imports of natural gas. The customers
did not have any such imports.
No customer survey was conducted
on the customers of Arch Coal, Inc.,
because the subject firm retained its
own customer base during the period
under investigation.
During the reconsideration
investigation, the Department collected
natural gas data from the U.S. Energy
Information Administration and the
U.S. Department of Energy. An analysis
of the data revealed that imports of
natural gas into the United States
declined in the period under
investigation while exports of natural
gas by the United States increased
during this period.
After careful review of the request for
reconsideration, 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 ICG Knott County,
LLC, a subsidiary of ICG, Inc., a
subsidiary of Arch Coal, Inc., including
on-site leased workers of P&P
Construction, Kite, Kentucky, to apply
for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C.
2273.
Signed in Washington, DC, on this 15th
day of August 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2013–20815 Filed 8–26–13; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–82,845]
tkelley on DSK3SPTVN1PROD with NOTICES
Keithley Instruments; Solon, Ohio;
Notice of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on June 25,
2013 in response to a Trade Adjustment
Assistance (TAA) petition filed by a
company official on behalf of workers of
Keithley Instruments, Solon, Ohio. On
July 5, 2013, the Department issued a
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15:54 Aug 26, 2013
Jkt 229001
Notice of Termination of Investigation
on the basis that the subject worker
group was eligible to apply for TAA
under TA–W–80,264. Based on
information provided by the subject
firm, the Department has determined
that the termination was issued in error.
Consequently, the Department is
withdrawing the Notice of Termination
of Investigation and will issue a
determination accordingly.
Signed in Washington, DC, this 13th day of
August 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2013–20814 Filed 8–26–13; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–82,288; TA–W–82,288A; TA–W–
82,288B; TA–W–82,288C]
Gamesa Technology Corporation,
Including On-Site Leased Workers
From A & A Wind Pros Inc., ABB Inc.,
Airway Services Inc., Amerisafe
Consulting & Safety Services, Apex
Alternative Access, Avanti Wind
Systems, Inc., Broadwind Services
LLC, Electric Power Systems
International, Evolution Energy Group
LLC, Global Energy Services USA Inc.,
Ingeteam Inc., Kelly Services, Inc., LM
Wind Power Blades (ND) Inc., Matrix
Service Industrial Contract, Mistras
Group, Onion ICS LLC, Power Climber
Wind, Rope Partner, Inc., Run Energy
LP, SERENA USA, Inc., Spherion ‘‘The
Mergis Group,’’ System One UpWind
Solutions Inc., and Wind Solutions LLC
Trevose, Pennsylvania; Gamesa
Technology Corporation, Fairless Hills,
Pennsylvania; Gamesa Technology
Corporation, Including On-Site Leased
Workers From Work Link Ebensburg,
Pennsylvania; Gamesa Technology
Corporation, Bristol, Pennsylvania;
Notice of Negative Determination on
Reconsideration
On March 8, 2013, the Department of
Labor issued a negative determination
regarding eligibility to apply for Trade
Adjustment Assistance (TAA)
applicable to workers and former
workers of Gamesa Technology
Corporation, Trevose, Pennsylvania,
Fairless Hills, Pennsylvania, Ebensburg,
Pennsylvania, and Bristol, Pennsylvania
(hereafter collectively referred to as
‘‘Gamesa’’ or ‘‘the subject firm’’).
Pursuant to 29 CFR 90.18(c),
reconsideration may be granted under
the following circumstances:
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
(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 initial investigation resulted in a
negative determination based on the
Department’s finding of no shift in
production of like or directly
competitive articles to a foreign country,
no acquisition of production of like or
directly competitive articles from a
foreign country, and no increased
imports of like or directly competitive
articles during the relevant period, as
defined in 29 CFR part 90.
In the request for reconsideration, the
state workforce official alleged that the
subject firm has shifted abroad the
production or articles like or directly
competitive with those produced by the
subject firm and urged the Department
to consider information in the
201302015 business plan on the Gamesa
Web site, which reflected increased
reliance on a facility on Spain and
‘‘increased blade outsourcing of 65%.’’
The attachment to the request included
a letter which alleged imports from
China and Spain and the effect of lost
bids due to the uncertainty of the
Production Tax Credit extension.
Information obtained during the
reconsideration investigation confirmed
that the subject firm did not shift, and
does not plan to shift, production of like
or directly competitive articles to a
foreign country or acquire such
production from a foreign country, and
that the subject firm did not import, and
has no plans to import, articles like or
directly competitive with those
produced by the subject firm.
Should the subject firm shift, or
decide to shift, production of like or
directly competitive articles to a foreign
country, acquire the production of like
or directly competitive articles from a
foreign country, or begin to import like
or directly competitive articles, those
facts would be relevant to the
investigation of a new petition, not the
immediate investigation.
For the reasons stated above, 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
E:\FR\FM\27AUN1.SGM
27AUN1
]]>Agencies
[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Notices]
[Pages 52973-52974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20815]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-82,313]
ICG Knott County, LLC, a Subsidiary of ICG, Inc., a Subsidiary of
Arch Coal, Inc.; Including On-Site Leased Workers From P&P
Construction; Kite, Kentucky; Notice of Negative Determination on
Reconsideration
On May 16, 2013, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of ICG Knott County, LLC, a subsidiary of ICG, Inc.,
a subsidiary of Arch Coal, Inc., Kite, Kentucky (subject firm). The
Department's Notice was published in the Federal Register on May 30,
2013 (78 FR 32463). The workers are engaged in employment related to
the production of bituminous coal. The subject firm includes on-site
leased workers of P&P Construction.
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 findings that worker separations were not attributable to
increased imports of bituminous coal (or articles like or directly
competitive), by the subject firm or its declining customers, or a
shift/acquisition of the production of bituminous coal (or articles
like or directly competitive) to/from a foreign country by the workers'
firm during the time period under investigation (2011 and 2012).
In the request for reconsideration, a former worker alleged that
workers at the subject firm were impacted by the operations of the
parent company, Arch Coal, Inc., and the purchasing patterns of its
customers. The former worker also alleged that the increased use of
natural gas instead of bituminous coal by customers of the subject firm
and customers of the parent company led to production declines and
worker separations at the subject firm.
Further, according to the allegation, the customers that the
subject firm previously supplied with bituminous coal switched to gas
for their energy use because the two products are directly competitive.
Therefore, the former worker requested that the Department expand the
reconsideration investigation to examine the operations of the parent
company and to evaluate imports of natural gas.
During the reconsideration investigation, the Department reviewed
and confirmed information collected during the initial investigation,
collected additional information from the subject firm and its major
customers, and collected and analyzed natural gas data from the U.S.
Energy Information Administration and the U.S. Department of Energy.
The reconsideration investigation findings confirmed that neither
the subject firm nor its major customers imported articles like or
directly competitive with bituminous coal during the relevant period.
Additionally, the findings confirmed that the subject firm did not
shift the production of bituminous coal to a foreign country or acquire
this article, or any articles like or directly competitive, from a
foreign country during the period under investigation. The findings of
the reconsideration investigation also confirmed that Arch Coal, Inc.
acquired the subject firm during the period under investigation but
clarified that the subject firm continued to operate independently and
retained its own customer base following the acquisition.
During the initial investigation, the Department conducted a
customer survey on the major customers of the subject firm. The
surveyed customers reported no imports of bituminous coal or articles
like or directly competitive. During the reconsideration investigation,
the Department contacted
[[Page 52974]]
the same customers to determine whether these customers had the
operational capability to use natural gas and, if so, whether they
increased imports of natural gas. The customers did not have any such
imports.
No customer survey was conducted on the customers of Arch Coal,
Inc., because the subject firm retained its own customer base during
the period under investigation.
During the reconsideration investigation, the Department collected
natural gas data from the U.S. Energy Information Administration and
the U.S. Department of Energy. An analysis of the data revealed that
imports of natural gas into the United States declined in the period
under investigation while exports of natural gas by the United States
increased during this period.
After careful review of the request for reconsideration,
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 ICG Knott County, LLC, a
subsidiary of ICG, Inc., a subsidiary of Arch Coal, Inc., including on-
site leased workers of P&P Construction, Kite, Kentucky, to apply for
adjustment assistance, in accordance with Section 223 of the Act, 19
U.S.C. 2273.
Signed in Washington, DC, on this 15th day of August 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-20815 Filed 8-26-13; 8:45 am]
BILLING CODE 4510-FN-P
