Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 25622-25624 [2014-10167]

Download as PDF 25622 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices addresses section below on or before July 7, 2014. ADDRESSES: Submit written comments to William L. Carlson, Ph.D., Administrator, Office of Foreign Labor Certification, Room C–4312, Employment & Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Telephone number: 202– 693–3010 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1–877–889–5627 (TTY/ TDD). Fax: 202–693–2768. Email: ETA.OFLC.Forms@dol.gov subject line: ETA–9089. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed above. SUPPLEMENTARY INFORMATION: I. Background The information collection on ETA Form 9089 is required by sections 203(b)(2) and (b)(3) and 212(a)(5)(A) of the Immigration and Nationality Act (INA) (8 U.S.C. 1153(b)(2) and (3) and 1182(a)(5)(A)). DOL and the Department of Homeland Security (DHS) have promulgated regulations to implement the INA. Specifically for this collection, the regulations at 20 CFR 656 and 8 CFR 204.5 (the regulations) are applicable. Section 212(a)(5)(A) of the INA requires the Secretary of Labor to certify that any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor is not adversely affecting wages and working conditions of U.S. workers similarly employed and that there are not sufficient U.S. workers able, willing, and qualified to perform such skilled or unskilled labor. Before any employer may request any skilled or unskilled alien labor, it must submit a request for certification to the Secretary of Labor containing the elements prescribed by the INA and the regulations. The regulations require employers to document their recruitment efforts and to substantiate the reasons no U.S. workers were hired. emcdonald on DSK67QTVN1PROD with NOTICES II. Review Focus DOL is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, VerDate Mar<15>2010 17:56 May 02, 2014 Jkt 232001 including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions In order to meet its statutory responsibilities under the INA, DOL must extend without modification an existing collection of information pertaining to employers seeking to import foreign labor. The form used to collect the information is used not only by DOL, but also by Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) to meet the requirements of the INA. DOL uses the information collected in its permanent certification program. USCIS uses the form for its National Interest Waiver program, and to consider employment-based immigration applications by employers of employees engaged in Schedule A-Shortage Occupations, and by employers of sheepherders. Type of Review: extension. Title: Form ETA–9089, Application for Permanent Employment Certification. OMB Number: 1205–0451. Affected Public: Individuals or households, business or other forprofits, and not-for-profit institutions, farms, and Federal, state, local or tribal governments. Form(s): ETA–9089. Total Annual Respondents: 73,400. Annual Frequency: On occasion. Total Annual Responses: 295,472. Average Time per Response: 46 minutes. Estimated Total Annual Burden Hours: 227,687. Total Annual Burden Cost for Respondents: $467,000. Comments submitted in response to this comment request will be summarized and/or included in the request for OMB approval of the ICR; they will also become a matter of public record. Eric M. Seleznow, Acting Assistant Secretary for Employment and Training, Labor. [FR Doc. 2014–10185 Filed 5–2–14; 8:45 am] BILLING CODE 4510–FP–P PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Employment and Training Administration 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 March 31, 2014 through April 4, 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. 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; (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 E:\FR\FM\05MYN1.SGM 05MYN1 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices 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 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 (3) The workers have become totally or partially separated from the workers’ firm within— (A) The 1-year period described in paragraph (2); or (B) Notwithstanding section 223(b)(1), the 1-year period preceding the 1-year period described in paragraph (2). 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 date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production or services) of the Trade Act have been met. TA–W No. Subject firm 83,245 ............................ IBM Corporation, Integrated Supply Chain, Global Execution, Global Manufacturing, etc. IBM Corporation, Power Firmware Information Development, Computer Task Group. IBM Corporation, Cloud Management and Power Performance Testing and Tooling. 83,245A .......................... 83,245B .......................... emcdonald on DSK67QTVN1PROD with NOTICES Negative Determinations for Worker Adjustment Assistance In the following cases, the investigation revealed that the eligibility Location criteria for worker adjustment assistance have not been met for the reasons specified. The investigation revealed that the criterion under paragraph (a)(1), or Rochester, MN November 25, 2012. Rochester, MN November 25, 2012. Rochester, MN November 25, 2012. Subject firm 83,245C .......................... IBM Corporation, Global AMS Delivery ....................................................... 17:56 May 02, 2014 Jkt 232001 PO 00000 Frm 00063 Fmt 4703 Location Sfmt 4703 Impact date (b)(1), or (c)(1)(employment decline or threat of separation) of section 222 has not been met. TA–W No. VerDate Mar<15>2010 25623 Rochester, MN E:\FR\FM\05MYN1.SGM 05MYN1 Impact date 25624 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices The investigation revealed that the criteria under paragraphs(a)(2)(A) (increased imports) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met. TA–W No. Subject firm 82,929 ............................ Bang Printing of Ohio, DBA Hess Plant Solutions, D & J Printing, DBA Bang Printing, etc. I hereby certify that the aforementioned determinations were issued during the period of March 31, 2014 through April 4, 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 10th day of April 2014. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–10167 Filed 5–2–14; 8:45 am] BILLING CODE 4510–FN–P Location DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221 (a) of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Office of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221 (a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. Impact date Woodstock, IL The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Office of Trade Adjustment Assistance, at the address shown below, not later than May 15, 2014. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Office of Trade Adjustment Assistance, at the address shown below, not later than May 15, 2014. The petitions filed in this case are available for inspection at the Office of the Director, Office of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room N–5428, 200 Constitution Avenue NW., Washington, DC 20210. Signed at Washington, DC this 10th day of April 2014. Hope D. Kinglock, Certifying Officer, Office of Trade Adjustment Assistance. APPENDIX [24 TAA petitions instituted between 3/31/14 and 4/4/14] TA–W emcdonald on DSK67QTVN1PROD with NOTICES 85185 85186 85187 85188 85189 85190 85191 85192 ........... ........... ........... ........... ........... ........... ........... ........... 85193 85194 85195 85196 85197 85198 85199 85200 85201 85202 85203 85204 85205 85206 85207 85208 ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... VerDate Mar<15>2010 Date of institution Date of petition Subject firm (etitioners) Location Broadridge Financial Solutions (State/One-Stop) .................... Komtek (Union) ........................................................................ CVG Oregon LLC (Company) .................................................. Gentex Optics, subsidiary of EOA Holding Co. (Company) .... M/A–COM Technology Solutions (State/One-Stop) ................ DNP Electronics America, LLC (Company) ............................. Soy Basics Candle Outlet (State/One-Stop) ............................ United Technologies Building & Industrial Systems (Company). LexisNexis Matthew Bender (Workers) ................................... Med-Fit Systems, Inc. (Workers) ............................................. Stream Global Services (Workers) .......................................... Plastic Design (State/One-Stop) .............................................. Bimbo Bakeries USA (State/One-Stop) ................................... West Point Products (Workers) ............................................... Styrolution America LLC (State/One-Stop) .............................. Cordova Jewelry (State/One-Stop) .......................................... JP Morgan Chase, Assumption Underwriting (Workers) ......... JP Morgan Chase, Mortgage Specialist (Workers) ................. Citibank NA (Workers) ............................................................. Avalon Laboratories, LLC (State/One-Stop) ............................ Digital Domain (State/One-Stop) ............................................. OVUS Technologies LLC (Company) ...................................... Lifetouch Inc. (Company) ......................................................... Lockheed Martin MS2 Akron (Union) ...................................... Jersey City, NJ ....................... Worchester, MA ...................... Tigard, OR .............................. Carbondale, PA ...................... Long Beach, CA ..................... Chula Vista, CA ...................... New Hampton, IA ................... Pittsfield, ME ........................... 03/31/14 03/31/14 03/31/14 04/01/14 04/01/14 04/01/14 04/01/14 04/01/14 03/31/14 03/28/14 03/29/14 03/28/14 03/28/14 03/31/14 03/31/14 03/31/14 Albany, NY .............................. Independence, VA .................. Sergeant Bluff, IA ................... Pittsfield, ME ........................... Bay Shore, NY ........................ Washington, PA ...................... Springfield, MA ....................... Great Neck, NY ...................... Florence, SC ........................... Florence, SC ........................... Tampa, FL .............................. Rancho Dominguez, CA ......... Los Angeles, CA ..................... Dallas, TX ............................... Eden Praire, MN ..................... Akron, OH ............................... 04/02/14 04/02/14 04/02/14 04/02/14 04/02/14 04/02/14 04/03/14 04/03/14 04/03/14 04/03/14 04/03/14 04/03/14 04/03/14 04/03/14 04/04/14 04/04/14 04/01/14 04/01/14 04/01/14 04/01/14 04/01/14 04/01/14 04/02/14 04/02/14 04/02/14 04/02/14 04/02/14 04/01/14 04/02/14 04/02/14 04/03/14 04/02/14 17:56 May 02, 2014 Jkt 232001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1

Agencies

[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25622-25624]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10167]


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DEPARTMENT OF LABOR

Employment and Training Administration


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 
March 31, 2014 through April 4, 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. 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;
    (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

[[Page 25623]]

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 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 1-year 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
    (3) The workers have become totally or partially separated from the 
workers' firm within--
    (A) The 1-year period described in paragraph (2); or
    (B) Notwithstanding section 223(b)(1), the 1-year period preceding 
the 1-year period described in paragraph (2).

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 date for all workers of such determination.
    The following certifications have been issued. The requirements of 
Section 222(a)(2)(B) (shift in production or services) of the Trade Act 
have been met.

----------------------------------------------------------------------------------------------------------------
           TA-W No.                      Subject firm                 Location                Impact date
----------------------------------------------------------------------------------------------------------------
83,245.......................  IBM Corporation, Integrated      Rochester, MN.......  November 25, 2012.
                                Supply Chain, Global
                                Execution, Global
                                Manufacturing, etc.
83,245A......................  IBM Corporation, Power Firmware  Rochester, MN.......  November 25, 2012.
                                Information Development,
                                Computer Task Group.
83,245B......................  IBM Corporation, Cloud           Rochester, MN.......  November 25, 2012.
                                Management and Power
                                Performance Testing and
                                Tooling.
----------------------------------------------------------------------------------------------------------------

Negative Determinations for Worker 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.
    The investigation revealed that the criterion under paragraph 
(a)(1), or (b)(1), or (c)(1)(employment decline or threat of 
separation) of section 222 has not been met.

----------------------------------------------------------------------------------------------------------------
           TA-W No.                      Subject firm                 Location                Impact date
----------------------------------------------------------------------------------------------------------------
83,245C......................  IBM Corporation, Global AMS      Rochester, MN.......  ..........................
                                Delivery.
----------------------------------------------------------------------------------------------------------------


[[Page 25624]]

    The investigation revealed that the criteria under 
paragraphs(a)(2)(A) (increased imports) and (a)(2)(B) (shift in 
production or services to a foreign country) of section 222 have not 
been met.

----------------------------------------------------------------------------------------------------------------
           TA-W No.                      Subject firm                 Location                Impact date
----------------------------------------------------------------------------------------------------------------
82,929.......................  Bang Printing of Ohio, DBA Hess  Woodstock, IL         ..........................
                                Plant Solutions, D & J
                                Printing, DBA Bang Printing,
                                etc.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of March 31, 2014 through April 4, 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 10th day of April 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-10167 Filed 5-2-14; 8:45 am]
BILLING CODE 4510-FN-P