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]

Download as PDF 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. VerDate Mar<15>2010 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 VerDate Mar<15>2010 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

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[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]


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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