Fisher and Ludlow, a Nucor Company, Saegertown, Pennsylvania; Notice of Revised Determination on Reconsideration, 43092 [2014-17435]

Download as PDF 43092 Federal Register / Vol. 79, No. 142 / Thursday, July 24, 2014 / Notices requests for a public hearing will be made a part of the record. Comments and hearing requests should state the reasons for the writer’s interest in the proposed exemption. A request for a public hearing must also state the issues to be addressed and include a general description of the evidence to be presented at the hearing. Comments and hearing requests received will also be available for public inspection with the referenced application at the address, as set forth above. Signed at Washington, DC, this 11th day of July, 2014. Lyssa E. Hall, Director of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. 2014–17425 Filed 7–23–14; 8:45 am] BILLING CODE 4510–29–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–85,104] Fisher and Ludlow, a Nucor Company, Saegertown, Pennsylvania; Notice of Revised Determination on Reconsideration On May 28, 2014, the Department issued an Affirmative Determination Regarding Application for Reconsideration of the negative determination regarding workers’ eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) applicable to workers and former workers of Fisher and Ludlow, a Nucor Company, Saegertown, Pennsylvania (subject firm). The Department’s Notice was published in the Federal Register on June 13, 2014 (79 FR 33955). The group eligibility requirements for workers of a firm under Section 246(a)(3)(A)(ii) of the Trade Act are satisfied if the following criteria are met: emcdonald on DSK67QTVN1PROD with NOTICES (I) Whether a significant number of workers in the workers’ firm are 50 years of age or older; (II) Whether the workers in the workers’ firm possess skills that are not easily transferable; and (III) The competitive conditions within the workers’ industry (i.e., conditions within the industry are adverse). The negative determination for ATAA was based on the findings that Section 246(a)(3)(A)(ii)(II) was not met because the workers in the workers’ firm possess skills that are easily transferrable and Section 246(a)(3)(A)(ii)(III) was not met because conditions within the workers’ industry were not found to be adverse. VerDate Mar<15>2010 18:03 Jul 23, 2014 Jkt 232001 During the reconsideration investigation, the Department collected information from the subject firm which revealed that the group eligibility requirements under Section 246(a)(3)(A)(ii) of the Trade Act was satisfied. Conclusion After careful review of the additional facts obtained on reconsideration, I determine that workers of the subject firm meet the worker group certification criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make the following certification: All workers of Fisher and Ludlow, a Nucor Company, Saegertown, Pennsylvania, who became totally or partially separated from employment on or after February 27, 2013, through April 8, 2016, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974, as amended. Signed in Washington, DC, this 7th day of July, 2014. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–17435 Filed 7–23–14; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,838] Apria Healthcare, LLC, Billing Department, Overland Park, Kansas; Notice of Revised Determination on Remand On February 28, 2014, the U.S. Court of International Trade (USCIT) granted the U.S. Department of Labor’s (Department’s) motion for voluntary remand for further investigation in Former Employees of Apria Healthcare, LLC, Billing Department, Overland Park, Kansas v. U.S. Secretary of Labor, Case No. 13–00409. On June 24, 2013, the state workforce office filed a petition for Trade Adjustment Assistance (TAA) on behalf of workers of Apria Healthcare, LLC (hereafter referred to as ‘‘the subject firm’’), Billing Department, Overland Park Kansas (TA–W–82,838; hereafter referred to as ‘‘the Billing Department’’), and Apria Healthcare, LLC, Document Imaging Department, Overland Park, Kansas (TA–W–82,838A; hereafter referred to as ‘‘the Document Imaging Department’’). PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 The initial investigation revealed that workers within the Billing Department were engaged in employment related to the supply of medical billing services; workers within the Document Imaging Department were engaged in employment related to the supply of patient record management services; workers within the two different departments were separately identifiable by services performed and, therefore, were treated as separate subject worker groups; and a significant number or proportion of workers within each subject worker group were totally or partially separated from employment. Although certification was granted for the Document Imaging Department under TA–W–82,838A, a negative determination was initially made regarding the Billing Department under TA–W–82,838. The Department determined that the subject firm acquired from a foreign country the supply of services like or directly competitive with those services provided by the workers within the Document Imaging Department. Consequently, workers within the Document Imaging Department were determined to be a group eligible to apply for TAA. The workers in the billing number, however, were not determined to be an eligible worker group. The negative determination issued under TA–W–82,838 was based on the Department’s findings that the subject firm did not shift to, or acquire from, a foreign country the supply of services like or directly competitive with those supplied by the workers within the Billing Department and that the subject firm did not import services like or directly competitive services with those supplied by the workers within the Billing Department. The negative determination regarding workers’ eligibility to apply for TAA under TA–W–82,838 was issued on September 5, 2013. The Department’s Notice of determinations was published in the Federal Register on October 3, 2013 (78 FR 61392). By application dated September 19, 2013, a worker in the Billing Department requested administrative reconsideration of the Department’s negative determination regarding TA– W–82,838. The request for reconsideration alleged that the separated worker ‘‘did the N and K report which was electronic rejections from India and my job was to tell them how to get the claim to go through. Lots of times the claims had to be dropped onshore (meaning United States) . . . I do have documentation and emails . . . to support my facts.’’ Following the receipt of the request for E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Notices]
[Page 43092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17435]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-85,104]


Fisher and Ludlow, a Nucor Company, Saegertown, Pennsylvania; 
Notice of Revised Determination on Reconsideration

    On May 28, 2014, the Department issued an Affirmative Determination 
Regarding Application for Reconsideration of the negative determination 
regarding workers' eligibility to apply for Alternative Trade 
Adjustment Assistance (ATAA) applicable to workers and former workers 
of Fisher and Ludlow, a Nucor Company, Saegertown, Pennsylvania 
(subject firm). The Department's Notice was published in the Federal 
Register on June 13, 2014 (79 FR 33955).
    The group eligibility requirements for workers of a firm under 
Section 246(a)(3)(A)(ii) of the Trade Act are satisfied if the 
following criteria are met:

    (I) Whether a significant number of workers in the workers' firm 
are 50 years of age or older;
    (II) Whether the workers in the workers' firm possess skills 
that are not easily transferable; and
    (III) The competitive conditions within the workers' industry 
(i.e., conditions within the industry are adverse).

    The negative determination for ATAA was based on the findings that 
Section 246(a)(3)(A)(ii)(II) was not met because the workers in the 
workers' firm possess skills that are easily transferrable and Section 
246(a)(3)(A)(ii)(III) was not met because conditions within the 
workers' industry were not found to be adverse.
    During the reconsideration investigation, the Department collected 
information from the subject firm which revealed that the group 
eligibility requirements under Section 246(a)(3)(A)(ii) of the Trade 
Act was satisfied.

Conclusion

    After careful review of the additional facts obtained on 
reconsideration, I determine that workers of the subject firm meet the 
worker group certification criteria under Section 222(a) of the Act, 19 
U.S.C. Sec.  2272(a). In accordance with Section 223 of the Act, 19 
U.S.C. Sec.  2273, I make the following certification:

    All workers of Fisher and Ludlow, a Nucor Company, Saegertown, 
Pennsylvania, who became totally or partially separated from 
employment on or after February 27, 2013, through April 8, 2016, are 
eligible to apply for adjustment assistance under Chapter 2 of Title 
II of the Trade Act of 1974, as amended, and are also eligible to 
apply for alternative trade adjustment assistance under Section 246 
of the Trade Act of 1974, as amended.

    Signed in Washington, DC, this 7th day of July, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-17435 Filed 7-23-14; 8:45 am]
BILLING CODE 4510-FN-P