Eastman Kodak Company, IPS-Dayton Location, Including On-Site Leased Workers From Adecco, Dayton, Ohio; Notice of Negative Determination on Reconsideration, 66778-66779 [2013-26497]

Download as PDF 66778 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Notices (4) The proposed exemptions, if granted, will be subject to the express condition that the material facts and representations contained in each application are true and complete, and that each application accurately describes all material terms of the transaction which is the subject of the exemption. Signed at Washington, DC, this 31st day of October 2013. Lyssa E. Hall, Director Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. 2013–26506 Filed 11–5–13; 8:45 am] BILLING CODE 4510–29–P DEPARTMENT OF LABOR Employee Benefits Security Administration [Exemption Application No. D–11672] Withdrawal of Notice of Proposed Exemption Involving the Studley, Inc. Section 401(k) Profit Sharing Plan (the Plan) Located in New York, NY mstockstill on DSK4VPTVN1PROD with NOTICES In the Federal Register dated November 16, 2012 (77 FR 68842), the Department of Labor (the Department) published a notice of proposed exemption (the Notice) from the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974, as amended, and from certain taxes imposed by the Internal Revenue Code of 1986, as amended. The Notice concerned the proposed cash sale by the Plan of an 8.828121% partnership interest (the Interest) in the Julien J. Studley N Street Partnership, a general partnership (the JJS Partnership) to Studley, Inc. (the Employer), a party in interest with respect to the Plan. Subsequent to the publication of the Notice in the Federal Register, the Department was informed that Melvin Lenkin, Edward J. Lenkin and the EJL Trust, who are unrelated parties with respect to the Plan, purchased the Interest from the Plan. Accordingly, the Department hereby withdraws the Notice from the Federal Register. Signed at Washington, DC, this 31st day of October 2013. Lyssa E. Hall, Director, Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. 2013–26505 Filed 11–5–13; 8:45 am] BILLING CODE 4510–29–P VerDate Mar<15>2010 17:25 Nov 05, 2013 Jkt 232001 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–81,387] Eastman Kodak Company, IPS— Dayton Location, Including On-Site Leased Workers From Adecco, Dayton, Ohio; Notice of Negative Determination on Reconsideration On March 2, 2012, the Department of Labor (Department) initiated an investigation in response to a Trade Adjustment Assistance (TAA) petition filed on behalf of workers and former workers of Eastman Kodak Company, IPS-Dayton Location, including on-site leased workers from Adecco, Dayton, Ohio (hereafter referred to as ‘‘Eastman Kodak-IPS-Dayton’’). On May 18, 2012, the Department denied the petition for group eligibility to apply for TAA. The Department’s Notice of negative determination was published in the Federal Register on June 6, 2012 (77 FR 33494). On August 1, 2012, the Department issued a Notice of Affirmative Determination Regarding Application for Reconsideration, applicable to Eastman Kodak-IPS-Dayton. The Department’s Notice of affirmative determination was published in the Federal Register on August 14, 2012 (77 FR 48549). On March 19, 2013, the Department issued a Notice of Termination of Reconsideration Investigation to workers and former workers of Eastman Kodak-IPS-Dayton (TA–W–81,387) which stated that the worker group on whose behalf the request for reconsideration was filed is eligible to apply for TAA under the amended certification for TA–W–74,813A. The Department’s Notice of termination of reconsideration investigation was published in the Federal Register on April 9, 2013 (78 FR 21155). On June 21, 2013, the Department issued a Notice of Termination of Certification applicable to workers and former workers eligible to apply for TAA under TA–W–74,813A. The Department’s Notice of Termination of Certification was published in the Federal Register on July 5, 2013 (78 FR 40507). In the Notice of Termination of Certification, the Department stated that the reconsideration investigation of TA– W–81,387 would be re-opened and a determination on reconsideration would be issued accordingly. During the re-opened reconsideration investigation, the Department contacted the workers who filed the initial petition for information and received PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 additional information from one of the petitioners. The petition alleges that production of printers shifted from the Dayton, Ohio facility to a foreign country. In an attachment to the petition, the petitioners state that ‘‘a few years back our facility . . . shipped the manufacture of . . . fluid systems and controllers to . . . China’’; that ‘‘in 2010 a large portion of the print head refurbishment for the 4″ (four inch) product line was shipped to . . . China’’; that ‘‘all of the printed circuit board production and testing was moved to China’’; that a ‘‘portion of the new product under development (Stream) was moved to Mexico for manufacture’’ in 2011; that people from Malaysia spent months in the fall of 2011 ‘‘to learn the processes of manufacture so equipment can be sent to their facility in Malaysia’’; and that ‘‘production of the new Stream product is to be done in Malaysia.’’ During the re-opened reconsideration investigation, a former worker stated that separations at the Dayton, Ohio facility were due to the shift in production to China and/or Mexico; that production of ‘‘legacy’’ products were shifted to a facility in China that builds cameras and desktop printers; that the shift of production to China also resulted in reduced need for ‘‘testing and repair of new build circuit boards and electronic assembly’’; that production of ink jet print systems and the ‘‘Four Inch’’ product line were shifted to China; and that, in April 2012, three of the remaining workers were separated ‘‘because the remaining repair work was shifted to a third party company in the Dayton area.’’ During the re-opened reconsideration investigation, the Department obtained updated information from Eastman Kodak Company regarding operations at the Dayton, Ohio facility and responses to the afore-mentioned allegations. Based on information obtained during the re-opened reconsideration investigation, the Department determines that while there was some production shift abroad in 2006 to 2008, no such shift occurred in 2012 and 2013, and that the shift which occurred during 2006 to 2008 did not contribute to worker separations at the Dayton, Ohio facility in 2012 and 2013. Rather, information obtained during the reconsideration investigation confirmed that worker separations at the Dayton, Ohio facility in 2012 and 2013 have been part of bankruptcy-related activities, including restructuring and domestic outsourcing of some services, and have not resulted in a shift of production abroad. E:\FR\FM\06NON1.SGM 06NON1 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Notices Conclusion After careful review of previouslysubmitted information and information obtained during the reconsideration investigation, I affirm that the requirements of the Act, 19 U.S.C. 2272, have not been met and, therefore, affirm the denial of the petition for group eligibility for Eastman Kodak Company, IPS-Dayton Location, Dayton, Ohio, to apply for adjustment assistance, in accordance with Section 223 of the Act, 19 U.S.C., 2273. Signed in Washington, DC, this 23rd day of October, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–26497 Filed 11–5–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,862] mstockstill on DSK4VPTVN1PROD with NOTICES United States Enrichment Corporation, Paducah Gaseous Diffusion Plant, Including On-Site Leased Workers From Diversified Management Consultants, Inbounds Engineering, Llc, Matrix Engineering, Manpower Inc., Bartlett Nuclear, Inc., C-Plant Federal Credit Union, CJ Enterprises, Pashacl Solutions, Ford Technical Services, Henry A. Petter Supply, KB Consultants, Henry, Meisenheimer, & Grende, SR Martin Group And CDI Corporation, Paducah, Kentucky; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on July 18, 2013, applicable to workers of United States Enrichment Corporation, Paducah Gaseous Diffusion Plant, including on-site leased workers from Diversified Management Consultants, Inbounds Engineering LLC, Matrix Engineering, Manpower Inc. and Bartlett Nuclear, Inc., Paducah, Kentucky. The Department’s notice of determination was published in the Federal Register on August 6, 2013 (78 FR 47780). At the request of the company official, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of low enrichment uranium. VerDate Mar<15>2010 17:25 Nov 05, 2013 Jkt 232001 The company reports that workers leased from C-Plant Federal Credit Union, CJ Enterprises, Paschal Solutions, Ford Technical Services, Henry A. Petter Supply, KB Consultants, Henry, Meisenheimer & Grende, SR Martin Group and CDI Corporation were employed on-site at the Bristol, Virginia location of Bristol Compressors International, Inc. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers. Based on these findings, the Department is amending this certification to include workers leased from C-Plant Federal Credit Union, CJ Enterprises, Paschal Solutions, Ford Technical Services, Henry A. Petter Supply, KB Consultants, Henry, Meisenheimer & Grende, SR Martin Group and CDI Corporation working onsite at the Paducah, Kentucky location of United States Enrichment Corporation. The amended notice applicable to TA–W–82,862 is hereby issued as follows: All workers of United States Enrichment Corporation, Paducah Gaseous Diffusion Plant, including on-site leased workers from Diversified Management Consultants, Inbounds Engineering LLC, Matrix Engineering, Manpower Inc., Bartlett Nuclear, Inc., C-Plant Federal Credit Union, CJ Enterprises, Paschal Solutions, Ford Technical Services, Henry A. Petter Supply, KB Consultants, Henry, Meisenheimer & Grende, SR Martin Group and CDI Corporation, Paducah, Kentucky, who became totally or partially separated from employment on or after June 27, 2012, through July 18, 2015, and all workers in the group threatened with total or partial separation from employment on the date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. Signed in Washington, DC, this 24th day of October 2013. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–26502 Filed 11–5–13; 8:45 am] BILLING CODE 4510–FN–P PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 66779 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–83,010] CTS Automotive LLC, a Subsidiary of CTS Corporation Including On-Site Leased Workers From Metro Staff and Aerotek Including Workers Whose Unemployment Insurance (UI) Wages Are Reported Through D&R Technology LLC, Carol Stream, Illinois; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on September 5, 2013, applicable to workers of CTS Automotive LLC, a subsidiary of CTS Corporation, including on-site leased workers from Metro Staff, Inc., and Aerotek, Carol Stream, Illinois. The workers are engaged in production of safety sensors for automobiles. The notice was published in the Federal Register on October 3, 2013(78 FR 61391). At the request of Illinois State, the Department reviewed the certification for workers of the subject firm. New information from the company shows that some workers separated from employment at the Carol Stream, Illinois location had their wages reported through a separate unemployment insurance (UI) tax account under the name D&R Technology LLC. Accordingly, the Department is amending this certification to include workers of the subject firm whose unemployment insurance (UI) wages are reported through D&R Technology LLC. The intent of the Department’s certification is to include all workers of the subject firm who were adversely affected by a shift in the production to a foreign country. The amended notice applicable to TA–W–83,010 is hereby issued as follows: All workers of CTS Automotive LLC, a subsidiary of CTS Corporation including onsite leased workers of Metro Staff, Inc., and Aerotek, including workers whose unemployment insurance (UI) wages are reported through D&R Technology LLC, Carol Stream, Illinois, who became totally or partially separated from employment on or after August 20, 2012, through September 5, 2015, and all workers in the group threatened with total or partial separation from employment on date of certification through two years from the date of certification, are eligible to apply for adjustment assistance E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Pages 66778-66779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26497]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,387]


Eastman Kodak Company, IPS--Dayton Location, Including On-Site 
Leased Workers From Adecco, Dayton, Ohio; Notice of Negative 
Determination on Reconsideration

    On March 2, 2012, the Department of Labor (Department) initiated an 
investigation in response to a Trade Adjustment Assistance (TAA) 
petition filed on behalf of workers and former workers of Eastman Kodak 
Company, IPS-Dayton Location, including on-site leased workers from 
Adecco, Dayton, Ohio (hereafter referred to as ``Eastman Kodak-IPS-
Dayton''). On May 18, 2012, the Department denied the petition for 
group eligibility to apply for TAA. The Department's Notice of negative 
determination was published in the Federal Register on June 6, 2012 (77 
FR 33494).
    On August 1, 2012, the Department issued a Notice of Affirmative 
Determination Regarding Application for Reconsideration, applicable to 
Eastman Kodak-IPS-Dayton. The Department's Notice of affirmative 
determination was published in the Federal Register on August 14, 2012 
(77 FR 48549).
    On March 19, 2013, the Department issued a Notice of Termination of 
Reconsideration Investigation to workers and former workers of Eastman 
Kodak-IPS-Dayton (TA-W-81,387) which stated that the worker group on 
whose behalf the request for reconsideration was filed is eligible to 
apply for TAA under the amended certification for TA-W-74,813A. The 
Department's Notice of termination of reconsideration investigation was 
published in the Federal Register on April 9, 2013 (78 FR 21155).
    On June 21, 2013, the Department issued a Notice of Termination of 
Certification applicable to workers and former workers eligible to 
apply for TAA under TA-W-74,813A. The Department's Notice of 
Termination of Certification was published in the Federal Register on 
July 5, 2013 (78 FR 40507). In the Notice of Termination of 
Certification, the Department stated that the reconsideration 
investigation of TA-W-81,387 would be re-opened and a determination on 
reconsideration would be issued accordingly.
    During the re-opened reconsideration investigation, the Department 
contacted the workers who filed the initial petition for information 
and received additional information from one of the petitioners.
    The petition alleges that production of printers shifted from the 
Dayton, Ohio facility to a foreign country. In an attachment to the 
petition, the petitioners state that ``a few years back our facility . 
. . shipped the manufacture of . . . fluid systems and controllers to . 
. . China''; that ``in 2010 a large portion of the print head 
refurbishment for the 4'' (four inch) product line was shipped to . . . 
China''; that ``all of the printed circuit board production and testing 
was moved to China''; that a ``portion of the new product under 
development (Stream) was moved to Mexico for manufacture'' in 2011; 
that people from Malaysia spent months in the fall of 2011 ``to learn 
the processes of manufacture so equipment can be sent to their facility 
in Malaysia''; and that ``production of the new Stream product is to be 
done in Malaysia.''
    During the re-opened reconsideration investigation, a former worker 
stated that separations at the Dayton, Ohio facility were due to the 
shift in production to China and/or Mexico; that production of 
``legacy'' products were shifted to a facility in China that builds 
cameras and desktop printers; that the shift of production to China 
also resulted in reduced need for ``testing and repair of new build 
circuit boards and electronic assembly''; that production of ink jet 
print systems and the ``Four Inch'' product line were shifted to China; 
and that, in April 2012, three of the remaining workers were separated 
``because the remaining repair work was shifted to a third party 
company in the Dayton area.''
    During the re-opened reconsideration investigation, the Department 
obtained updated information from Eastman Kodak Company regarding 
operations at the Dayton, Ohio facility and responses to the afore-
mentioned allegations.
    Based on information obtained during the re-opened reconsideration 
investigation, the Department determines that while there was some 
production shift abroad in 2006 to 2008, no such shift occurred in 2012 
and 2013, and that the shift which occurred during 2006 to 2008 did not 
contribute to worker separations at the Dayton, Ohio facility in 2012 
and 2013.
    Rather, information obtained during the reconsideration 
investigation confirmed that worker separations at the Dayton, Ohio 
facility in 2012 and 2013 have been part of bankruptcy-related 
activities, including restructuring and domestic outsourcing of some 
services, and have not resulted in a shift of production abroad.

[[Page 66779]]

Conclusion

    After careful review of previously-submitted information and 
information obtained during the reconsideration investigation, I affirm 
that the requirements of the Act, 19 U.S.C. 2272, have not been met 
and, therefore, affirm the denial of the petition for group eligibility 
for Eastman Kodak Company, IPS-Dayton Location, Dayton, Ohio, to apply 
for adjustment assistance, in accordance with Section 223 of the Act, 
19 U.S.C., 2273.

    Signed in Washington, DC, this 23rd day of October, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-26497 Filed 11-5-13; 8:45 am]
BILLING CODE 4510-FN-P