Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 16823-16824 [2014-06676]

Download as PDF Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Notices directly competitive with the services supplied by the workers. 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 misinterpretation of facts or of the law justified reconsideration of the decision. The request for reconsideration asserts that because the petition was filed only for workers of the Engineering Department, the scope of the investigation was overly broad and, consequently, detrimental to the petitioning workers. The petitioner further asserts that the Department’s determination was based on inaccurate information and is, therefore, erroneous. The petitioner supplied facts not previously considered and information indicating a mistake in the determination of facts not previously considered. Based on these findings, the Department determines that 29 CFR 90.18(c) has been met. The Department has carefully reviewed the request for reconsideration and the existing record, and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974, as amended. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor’s prior decision. The application is, therefore, granted. Signed at Washington, DC, this 13th day of March, 2014. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. sroberts on DSK5SPTVN1PROD with NOTICES [FR Doc. 2014–06674 Filed 3–25–14; 8:45 am] BILLING CODE 4510–FN–P VerDate Mar<15>2010 19:00 Mar 25, 2014 Jkt 232001 DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade 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 (TA–W) number and alternative trade adjustment assistance (ATAA) by (TA–W) number issued during the period of March 3, 2014 through March 7, 2014. 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. Section (a)(2)(A) all of the following must be satisfied: A. a significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. the sales or production, or both, of such firm or subdivision have decreased absolutely; and C. increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. a significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. there has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. the country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. the country to which the workers’ firm has shifted production of the PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 16823 articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm 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) Significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) the workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and (3) either— (A) the workers’ firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or (B) a loss or business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers’ firm are 50 years of age or older. 2. Whether the workers in the workers’ firm possess skills that are not easily transferable. 3. The competitive conditions within the workers’ industry (i.e., conditions within the industry are adverse). Affirmative Determinations For Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact E:\FR\FM\26MRN1.SGM 26MRN1 16824 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Notices date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met. 85,033; Littlefuse Inc., Bellingham WA; January 22, 2013. Affirmative Determinations For Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. 85,006; Intel Corporation, Rio Rancho NM; January 7, 2013. 85,011; Sally Lou Fashions Corporation, New York, NY; January 10, 2013. sroberts on DSK5SPTVN1PROD with NOTICES Negative Determinations For Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion (1) of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. 85,033; Littlefuse Inc., Bellingham WA. Negative Determinations For Worker Adjustment Assistance And Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. 85,036; Kelsey-Hayes Company, Sterling Heights, MI. The workers’ firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. 85,016; Mid-West Textile, El Paso, TX. 85,031; Iron Mountain Information Management, LLC. Bellingham, WA. VerDate Mar<15>2010 17:43 Mar 25, 2014 Jkt 232001 85,073; Symak Sales Co., Inc. Plattsburg, NY. Determinations Terminating Investigations Of Petitions For Worker Adjustment Assistance After notice of the petitions was published in the Federal Register and on the Department’s Web site, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions. None. I hereby certify that the aforementioned determinations were issued during the period of March 3, 2014 through March 7, 2014. These determinations are available on the Department’s Web site tradeact/taa/taa_ search_form.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll free at 888–365–6822. Signed at Washington DC this 13th day of March 2014. Hope D. Kinglock, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–06676 Filed 3–25–14; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,250] YP Western Directory LLC Anaheim California Division Publishing Operations Group Including Workers Whose Unemployment Insurance (UI) Wages Are Paid Under YP Western Holdings LLC and/or YP Advertising LP and PBD Holdings, YP Subsidiary Holdings LLC, YP LLC, YP Holdings LLC, and Including On-Site Leased Workers From Zero Chaos, Anaheim, California; 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 January 28, 2013, applicable to workers of YP Western Directory LLC, Anaheim California Division, Publishing Operations Group, including workers whose Unemployment Insurance (UI) wages are paid under YP Western Holdings LLC and/or YP Advertising LP, YP Subsidiary Holdings LLC, YP LLC, YP Holdings LLC and including on-site leased workers from Zero Chaos, Anaheim, California. The workers are PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 engaged in activities related to the supply of sales operations and publishing operations functions, and are separately identifiable from other business units within YP Western Directory LLC. Therefore, the certification is limited to only those workers within the Publishing Operations Group who are located at (or report to) Anaheim, California. The notice was published in the Federal Register on February 15, 2013 (78 FR 11228). At the request of a company official, 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 Anaheim, California location of YP Western Directory LLC, Anaheim California Division, Publishing Operations Group had their wages reported through a separate unemployment insurance (UI) tax account under the name PBD Holdings. Accordingly, the Department is amending this certification to include workers of the subject firm whose unemployment insurance (UI) wages are reported through PBD Holdings. 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 supply of sales operations and publishing operation functions to a foreign country. The amended notice applicable to TA–W–82,250 is hereby issued as follows: All workers of YP Western Directory LLC, Anaheim, California Division, Publishing Operations Group, including workers whose Unemployment Insurance (UI) wages are paid under YP Western Holdings LLC and/or YP Advertising LP, and PBD Holdings, YP Subsidiary Holdings LLC, YP LLC, YP Holdings LLC, and including on-site leased workers from Zero Chaos, Anaheim, California, who became totally or partially separated from employment on or after December 12, 2011, through January 28, 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. E:\FR\FM\26MRN1.SGM 26MRN1

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[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16823-16824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06676]


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DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Determinations Regarding Eligibility To Apply for 
Worker Adjustment Assistance and Alternative Trade 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 (TA-W) number and alternative trade adjustment 
assistance (ATAA) by (TA-W) number issued during the period of March 3, 
2014 through March 7, 2014.
    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. Section (a)(2)(A) all of the following must be satisfied:
    A. a significant number or proportion of the workers in such 
workers' firm, or an appropriate subdivision of the firm, have become 
totally or partially separated, or are threatened to become totally or 
partially separated;
    B. the sales or production, or both, of such firm or subdivision 
have decreased absolutely; and
    C. increased imports of articles like or directly competitive with 
articles produced by such firm or subdivision have contributed 
importantly to such workers' separation or threat of separation and to 
the decline in sales or production of such firm or subdivision; or
    II. Section (a)(2)(B) both of the following must be satisfied:
    A. a significant number or proportion of the workers in such 
workers' firm, or an appropriate subdivision of the firm, have become 
totally or partially separated, or are threatened to become totally or 
partially separated;
    B. there has been a shift in production by such workers' firm or 
subdivision to a foreign country of articles like or directly 
competitive with articles which are produced by such firm or 
subdivision; and
    C. One of the following must be satisfied:
    1. the country to which the workers' firm has shifted production of 
the articles is a party to a free trade agreement with the United 
States;
    2. the country to which the workers' firm has shifted production of 
the articles to a beneficiary country under the Andean Trade Preference 
Act, African Growth and Opportunity Act, or the Caribbean Basin 
Economic Recovery Act; or
    3. there has been or is likely to be an increase in imports of 
articles that are like or directly competitive with articles which are 
or were produced by such firm or subdivision.
    Also, in order for an affirmative determination to be made for 
secondarily affected workers of a firm 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) Significant number or proportion of the workers in the workers' 
firm or an appropriate subdivision of the firm have become totally or 
partially separated, or are threatened to become totally or partially 
separated;
    (2) the workers' firm (or subdivision) is a supplier or downstream 
producer to a firm (or subdivision) that employed a group of workers 
who received a certification of eligibility to apply for trade 
adjustment assistance benefits and such supply or production is related 
to the article that was the basis for such certification; and
    (3) either--
    (A) the workers' firm is a supplier and the component parts it 
supplied for the firm (or subdivision) described in paragraph (2) 
accounted for at least 20 percent of the production or sales of the 
workers' firm; or
    (B) a loss or business by the workers' firm with the firm (or 
subdivision) described in paragraph (2) contributed importantly to the 
workers' separation or threat of separation.
    In order for the Division of Trade Adjustment Assistance to issue a 
certification of eligibility to apply for Alternative Trade Adjustment 
Assistance (ATAA) for older workers, the group eligibility requirements 
of Section 246(a)(3)(A)(ii) of the Trade Act must be met.
    1. Whether a significant number of workers in the workers' firm are 
50 years of age or older.
    2. Whether the workers in the workers' firm possess skills that are 
not easily transferable.
    3. The competitive conditions within the workers' industry (i.e., 
conditions within the industry are adverse).

Affirmative Determinations For Worker Adjustment Assistance

    The following certifications have been issued. The date following 
the company name and location of each determination references the 
impact

[[Page 16824]]

date for all workers of such determination.
    The following certifications have been issued. The requirements of 
Section 222(a)(2)(A) (increased imports) of the Trade Act have been 
met.
    85,033; Littlefuse Inc., Bellingham WA; January 22, 2013.

Affirmative Determinations For Worker Adjustment Assistance and 
Alternative Trade Adjustment Assistance

    The following certifications have been issued. The date following 
the company name and location of each determination references the 
impact date for all workers of such determination.
    The following certifications have been issued. The requirements of 
Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) 
of the Trade Act have been met.
    85,006; Intel Corporation, Rio Rancho NM; January 7, 2013.
    85,011; Sally Lou Fashions Corporation, New York, NY; January 10, 
2013.

Negative Determinations For Alternative Trade Adjustment Assistance

    In the following cases, it has been determined that the 
requirements of 246(a)(3)(A)(ii) have not been met for the reasons 
specified.
    The Department has determined that criterion (1) of Section 246 has 
not been met. The firm does not have a significant number of workers 50 
years of age or older.
    85,033; Littlefuse Inc., Bellingham WA.

Negative Determinations For Worker Adjustment Assistance And 
Alternative Trade Adjustment Assistance

    In the following cases, the investigation revealed that the 
eligibility criteria for worker adjustment assistance have not been met 
for the reasons specified.
    Because the workers of the firm are not eligible to apply for TAA, 
the workers cannot be certified eligible for ATAA.
    The investigation revealed that criteria (a)(2)(A)(I.C.) (increased 
imports) and (a)(2)(B)(II.B.) (shift in production to a foreign 
country) have not been met.
    85,036; Kelsey-Hayes Company, Sterling Heights, MI.
    The workers' firm does not produce an article as required for 
certification under Section 222 of the Trade Act of 1974.
    85,016; Mid-West Textile, El Paso, TX.
    85,031; Iron Mountain Information Management, LLC. Bellingham, WA.
    85,073; Symak Sales Co., Inc. Plattsburg, NY.

Determinations Terminating Investigations Of Petitions For Worker 
Adjustment Assistance

    After notice of the petitions was published in the Federal Register 
and on the Department's Web site, as required by Section 221 of the Act 
(19 U.S.C. 2271), the Department initiated investigations of these 
petitions.
    None.
    I hereby certify that the aforementioned determinations were issued 
during the period of March 3, 2014 through March 7, 2014. These 
determinations are available on the Department's Web site tradeact/taa/
taa--search--form.cfm under the searchable listing of determinations or 
by calling the Office of Trade Adjustment Assistance toll free at 888-
365-6822.

    Signed at Washington DC this 13th day of March 2014.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-06676 Filed 3-25-14; 8:45 am]
BILLING CODE 4510-FN-P