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