Withdrawal of Notice of Proposed Exemption Involving the Studley, Inc. Section 401(k) Profit Sharing Plan (the Plan) Located in New York, NY, 66778 [2013-26505]
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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
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17:25 Nov 05, 2013
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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
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
Agencies
[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Page 66778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26505]
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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
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