Apria Healthcare LLC, Billing Department, Overland Park, Kansas; Notice of Negative Determination Regarding Application for Reconsideration, 70580-70581 [2013-28331]

Download as PDF 70580 Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Notices DEPARTMENT OF LABOR of the Act, 19 U.S.C. 2273, I make the following certification: Employment and Training Administration ‘‘All workers of Amphenol Backplane Systems, including on-site leased workers from Technical Needs and National Engineering, Nashua, New Hampshire, who became totally or partially separated from employment on or after March 16, 2012, through two years from the date of this certification, 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 under Chapter 2 of Title II of the Trade Act of 1974, as amended.’’ [TA–W–82,598] Amphenol Backplane Systems, Including On-Site Leased Workers From Technical Needs and National Engineering, Nashua, New Hampshire; Notice of Revised Determination on Reconsideration emcdonald on DSK67QTVN1PROD with NOTICES On June 22, 2013, the Department of Labor (Department) issued a Notice of Affirmative Determination Regarding Application for Reconsideration applicable to workers and former workers of Amphenol Backplane Systems, Nashua, New Hampshire (hereafter referred to as either ‘‘Amphenol’’ or ‘‘subject firm’’). The subject firm is engaged in activities related to the production of electrical connectors and backplane assemblies. The subject worker group includes onsite leased workers from Technical Needs and National Engineering. Workers of the subject firm were eligible to apply for Trade Adjustment Assistance (TAA) under TA–W–70,972 (certification expired on November 13, 2011). Based on a careful review of previously-submitted information and additional information obtained during the reconsideration investigation, the Department determines that the petitioning worker group, including onsite leased workers from Technical Needs and National Engineering, has met the eligibility criteria set forth in the Trade Act of 1974, as amended. Section 222(a)(1) has been met because a significant number or proportion of the workers at Amphenol have become totally or partially separated, or are threatened to become totally or partially separated. Section 222(a)(2)(B) has been met because the workers’ firm has shifted to a foreign country a portion of the production of articles like or directly competitive with the electrical connectors and backplane assemblies produced by the subject worker group, which contributed importantly to worker group separations at Amphenol. Conclusion After careful review of previouslysubmitted facts and the additional facts obtained during the reconsideration investigation, I determine that workers of Amphenol Backplane Systems, Nashua, New Hampshire, meet the worker group certification criteria under Section 222(a) of the Act, 19 U.S.C. 2272(a). In accordance with Section 223 VerDate Mar<15>2010 18:04 Nov 25, 2013 Jkt 232001 Signed in Washington, DC, this 8th day of November, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–28334 Filed 11–25–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,838] Apria Healthcare LLC, Billing Department, Overland Park, Kansas; Notice of Negative Determination Regarding Application for Reconsideration By application dated September 19, 2013, a former worker of Apria Healthcare LLC, Billing Department, Overland Park, Kansas (TA–W–82,838) requested administrative reconsideration of the Department of Labor’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of Apria Healthcare LLC, Billing Department, Overland Park, Kansas (hereafter referred to as ‘‘ApriaBilling’’). Workers of April-Billing are engaged in activities related to the supply of medical billing services. On September 5, 2013, the Department issued a negative determination applicable to workers and former workers of Apria-Billing and issued a certification applicable to workers and former workers of Apria Healthcare LLC, Document Imaging Department, Overland Park, Kansas (TA–W– 82,838A). The Department’s Notice of determination of TA–W–82,838 and TA–W–82,838A was published in the Federal Register on October 3, 2013 (78 FR 61392). PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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 negative determination applicable to workers and former workers of Apria-Billing was based on the Department’s findings that neither increased of billing services like or directly competitive with the medical billing services supplied by the subject workers, a shift in the supply of such services to a foreign country by the workers’ firm, nor an acquisition of such services from a foreign country by the workers’ firm, contributed importantly to worker group separations at ApriaBilling. In addition, the investigation revealed that the petitioning worker group did not meet the criteria set forth in Section 222(a) and Section 222(e) of the Trade Act of 1974, as amended. The request for reconsideration states that the separated worker ‘‘did the N and K report which was electronic rejections from India and my job was to tell them how to get the claim to go through. Lots of times the claims had to be dropped onshore (meaning United States) . . . I do have documentation and emails . . . to support my facts.’’ Following the receipt of the request for reconsideration, the Department received several electronic messages (emails) from the separated worker with additional information, which included emails from Apria management to the worker, an explanation of the worker’s responsibilities, and the assertion that the worker’s separation was due to outsourcing to ‘‘Emdeon and India.’’ The Department has carefully reviewed the information provided by the worker seeking reconsideration, previously-submitted information, and information regarding Emdeon, and has determined that the request for reconsideration did not supply facts not previously considered and did not provide additional documentation indicating that there was either 1) a mistake in the determination of facts not previously considered or 2) a misinterpretation of facts or of the law justifying reconsideration of the initial determination. Based on these findings, the Department determines that, with E:\FR\FM\26NON1.SGM 26NON1 Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Notices regards to the immediate application for administrative reconsideration, 29 CFR 90.18(c) has not been met. Conclusion After careful review of the application for reconsideration and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed in Washington, DC, this 12th day of November, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–28331 Filed 11–25–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration emcdonald on DSK67QTVN1PROD with NOTICES Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers by (TA–W) number issued during the period of November 4, 2013 through November 8, 2013. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Under Section 222(a)(2)(A), the following must be satisfied: (1) A significant number or proportion of the workers in such workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The sales or production, or both, of such firm have decreased absolutely; and (3) One of the following must be satisfied: (A) Imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased; (B) Imports of articles like or directly competitive with articles into which one or more component parts produced by such firm are directly incorporated, have increased; VerDate Mar<15>2010 18:04 Nov 25, 2013 Jkt 232001 (C) Imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased; (D) Imports of articles like or directly competitive with articles which are produced directly using services supplied by such firm, have increased; and (4) The increase in imports contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm; or II. Section 222(a)(2)(B) all of the following must be satisfied: (1) A significant number or proportion of the workers in such workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) One of the following must be satisfied: (A) There has been a shift by the workers’ firm to a foreign country in the production of articles or supply of services like or directly competitive with those produced/supplied by the workers’ firm; (B) There has been an acquisition from a foreign country by the workers’ firm of articles/services that are like or directly competitive with those produced/supplied by the workers’ firm; and (3) The shift/acquisition contributed importantly to the workers’ separation or threat of separation. In order for an affirmative determination to be made for adversely affected workers in public agencies and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met. (1) A significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated; (2) The public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and (3) The acquisition of services contributed importantly to such workers’ separation or threat of separation. In order for an affirmative determination to be made for adversely affected secondary workers of a firm and a certification issued regarding eligibility to apply for worker PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 70581 adjustment assistance, each of the group eligibility requirements of Section 222(c) of the Act must be met. (1) A significant number or proportion of the workers in the workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The workers’ firm is a Supplier or Downstream Producer to a firm that employed a group of workers who received a certification of eligibility under Section 222(a) of the Act, and such supply or production is related to the article or service that was the basis for such certification; and (3) Either— (A) The workers’ firm is a supplier and the component parts it supplied to the firm described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or (B) A loss of business by the workers’ firm with the firm described in paragraph (2) contributed importantly to the workers’ separation or threat of separation. In order for an affirmative determination to be made for adversely affected workers in firms identified by the International Trade Commission and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(f) of the Act must be met. (1) The workers’ firm is publicly identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in— (A) An affirmative determination of serious injury or threat thereof under section 202(b)(1); (B) An affirmative determination of market disruption or threat thereof under section 421(b)(1); or (C) An affirmative final determination of material injury or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)); (2) The petition is filed during the 1year period beginning on the date on which— (A) A summary of the report submitted to the President by the International Trade Commission under section 202(f)(1) with respect to the affirmative determination described in paragraph (1)(A) is published in the Federal Register under section 202(f)(3); or (B) Notice of an affirmative determination described in subparagraph (1) is published in the Federal Register; and E:\FR\FM\26NON1.SGM 26NON1

Agencies

[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Notices]
[Pages 70580-70581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28331]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,838]


Apria Healthcare LLC, Billing Department, Overland Park, Kansas; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated September 19, 2013, a former worker of Apria 
Healthcare LLC, Billing Department, Overland Park, Kansas (TA-W-82,838) 
requested administrative reconsideration of the Department of Labor's 
negative determination regarding eligibility to apply for Trade 
Adjustment Assistance (TAA), applicable to workers and former workers 
of Apria Healthcare LLC, Billing Department, Overland Park, Kansas 
(hereafter referred to as ``Apria-Billing''). Workers of April-Billing 
are engaged in activities related to the supply of medical billing 
services. On September 5, 2013, the Department issued a negative 
determination applicable to workers and former workers of Apria-Billing 
and issued a certification applicable to workers and former workers of 
Apria Healthcare LLC, Document Imaging Department, Overland Park, 
Kansas (TA-W-82,838A). The Department's Notice of determination of TA-
W-82,838 and TA-W-82,838A was published in the Federal Register on 
October 3, 2013 (78 FR 61392).
    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 negative determination applicable to workers and former workers 
of Apria-Billing was based on the Department's findings that neither 
increased of billing services like or directly competitive with the 
medical billing services supplied by the subject workers, a shift in 
the supply of such services to a foreign country by the workers' firm, 
nor an acquisition of such services from a foreign country by the 
workers' firm, contributed importantly to worker group separations at 
Apria-Billing. In addition, the investigation revealed that the 
petitioning worker group did not meet the criteria set forth in Section 
222(a) and Section 222(e) of the Trade Act of 1974, as amended.
    The request for reconsideration states that the separated worker 
``did the N and K report which was electronic rejections from India and 
my job was to tell them how to get the claim to go through. Lots of 
times the claims had to be dropped onshore (meaning United States) . . 
. I do have documentation and emails . . . to support my facts.'' 
Following the receipt of the request for reconsideration, the 
Department received several electronic messages (emails) from the 
separated worker with additional information, which included emails 
from Apria management to the worker, an explanation of the worker's 
responsibilities, and the assertion that the worker's separation was 
due to outsourcing to ``Emdeon and India.''
    The Department has carefully reviewed the information provided by 
the worker seeking reconsideration, previously-submitted information, 
and information regarding Emdeon, and has determined that the request 
for reconsideration did not supply facts not previously considered and 
did not provide additional documentation indicating that there was 
either 1) a mistake in the determination of facts not previously 
considered or 2) a misinterpretation of facts or of the law justifying 
reconsideration of the initial determination.
    Based on these findings, the Department determines that, with

[[Page 70581]]

regards to the immediate application for administrative 
reconsideration, 29 CFR 90.18(c) has not been met.

Conclusion

    After careful review of the application for reconsideration and 
investigative findings, I conclude that there has been no error or 
misinterpretation of the law or of the facts which would justify 
reconsideration of the Department of Labor's prior decision. 
Accordingly, the application is denied.

    Signed in Washington, DC, this 12th day of November, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-28331 Filed 11-25-13; 8:45 am]
BILLING CODE 4510-FN-P