Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 25622-25624 [2014-10167]
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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.
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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,
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17:56 May 02, 2014
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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]
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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
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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 ..........................
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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 .......................................................
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Impact date
(b)(1), or (c)(1)(employment decline or
threat of separation) of section 222 has
not been met.
TA–W No.
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25623
Rochester, MN
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Impact date
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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]
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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
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85185
85186
85187
85188
85189
85190
85191
85192
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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
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04/01/14
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03/28/14
03/29/14
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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
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04/03/14
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04/02/14
04/02/14
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04/02/14
04/03/14
04/02/14
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]]>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]
-----------------------------------------------------------------------
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]
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