Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 57581-57582 [2014-22766]
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Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Notices
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–85,355]
mstockstill on DSK4VPTVN1PROD with NOTICES
Chevron Mining, Inc., a Subsidiary of
Chevron Corporation Including On-Site
Leased Workers From STU Blattner,
Inc. (SBI), Questa, New Mexico; Notice
of Negative Determination Regarding
Application for Reconsideration
By application dated August 11, 2014,
the State of New Mexico requested
administrative reconsideration of the
Department of Labor’s negative
determination regarding eligibility to
apply for worker adjustment assistance,
applicable to workers and former
workers of Chevron Mining, Inc.,
Questa, New Mexico (Questa Mine). The
determination was issued on July 30,
2014. The Department’s Notice of
determination was published in the
Federal Register on August 18, 2014 (79
FR 48775).
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 mis-interpretation of facts or
of the law justified reconsideration of
the decision.
The negative determination of the
Trade Adjustment Assistance (TAA)
petition filed on behalf of workers at
Questa Mine was based on the findings
that the subject firm does not produce
an article within the meaning of Section
222(a) or Section 222(b) of the Trade Act
of 1974, as amended (the Act).
During the investigation, the
Department obtained information that
Questa Mine no longer produced
molybdenum disulfide and that the
workers at Questa Mine were engaged in
employment related to the supply of
mine development services (such as
block caving) and administrative
services.
The request for reconsideration states
that Chevron Mining, Inc. had been
exploring for new mining veins but
decided not to reenter the molybdenum
market due to the impact of the global
market, which resulted in worker
separations at Questa Mine. The request
cites TAA certifications TA–W–40,739
and TA–W–35,278 as examples of
foreign trade impact on Questa Mine,
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17:25 Sep 24, 2014
Jkt 232001
and asserts that foreign trade continues
to affect workers at Questa Mine. The
request also asserts that workers at
Questa Mine are eligible to apply for
TAA as secondarily-affected workers,
under Section 222(b), 19 U.S.C. 2272(b)
or Section 222(c), 19 U.S.C. 2272(c) of
the Act.
During the investigation, the
Department received information that
revealed that while Questa Mine did
produce molybdenum disulfide prior to
June 2013, Chevron Mining, Inc. did not
reenter the molybdenum market and,
consequently, there was no production
during the relevant period.
In Former Employees of Mortgage
Guaranty Insurance Corporation (MGIC)
v. United States Secretary of Labor
(Court No. 07–00182), the Department
stated the policy requiring that the firm
employing the subject workers produce
an article domestically; that workers
providing services incidental to the
provision of a services are not engaged
in the production of an article for the
purposes of the Act; and that the
services provided by a workers’ firm
would not be considered articles,
whether tangible or intangible.
The petitioner did not supply facts
not previously considered; nor provide
additional documentation indicating
that there was either (1) a mistake in the
determination of facts not previously
considered or (2) a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination. Based on these findings,
the Department determines that 29 CFR
90.18(c) has not been met.
Conclusion
After careful review of the application
and investigative findings, I conclude
that there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed in Washington, DC, this 4th day of
September, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2014–22765 Filed 9–24–14; 8:45 am]
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57581
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 September 2, 2014 through
September 5, 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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57582
Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Notices
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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17:25 Sep 24, 2014
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date for all workers of such
determination.
Done.
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.
85,304, Keener Kitchen Mfg. Co., red
Lion, Pennsylvania. May 13, 2013.
85,324, ConAgra Foods Packaged Foods,
LLC., Kentwood, Michigan. May 20,
2013.
85,422, Standard Register, Toccoa,
Georgia, July 11, 2013.
85,422A, Standard Register, Radcliff,
Georgia, July 11, 2013.
85,431, Southwire Company, LLC.,
Coffeyville, Kansas. July 17, 2013.
85,445, AccuMED Innovative
Technologies, LLC., Buffalo, New
York, July 24, 2013.
85,450, BBB Industries LLC., Stockton,
California. July 28, 2013.
85,473, Fiber Glass Industries, Inc.,
Amsterdam, New York, August 7,
2013.
85,474, Passion Splash LLC, Commerce,
California. August 7, 2013.
85,478, American Technical Ceramics,
Huntington Station, New York,
February 25, 2014.
85,479, GDF Suez Mt. Tom Power Plant,
Holyoke, Massachusetts. August 12,
2013.
85,487, LexisNexis, Colorado Springs,
Colorado. August 11, 2013.
85,492, Eaton Corporation, Charlotte,
North Carolina. August 18, 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.
None.
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.
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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.
85,229, Trane U.S., Inc., La Croose,
Wisconsin.
85,464, Exelis Incorporated, Roanoke,
Virginia.
The workers’ firm does not produce
an article as required for certification
under Section 222 of the Trade Act of
1974.
85,301, Citigroup Technology, Inc.,
(‘‘CTI’’), Warren, New Jersey.
85,395, StreetLinks Lender Solutions,
Indianapolis, Indiana.
85,485, Stratus Technologies, Inc.,
Maynard, Massachusetts.
85,494, Fluor-B&W Portsmouth LLC,
Piketon, Ohio.
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.
The following determinations
terminating investigations were issued
because the petitioner has requested
that the petition be withdrawn.
85,499, Apex Tool Group, LLC.,
Springdale, Arkansas.
85,506, Diebold, Incorporated, North
Canton, Ohio.
The following determinations
terminating investigations were issued
because the petitions are the subject of
ongoing investigations under petitions
filed earlier covering the same
petitioners.
85,476, BBB Industries LLC, Stockton,
California.
I hereby certify that the
aforementioned determinations were
issued during the period of September
2, 2014 through September 5, 2014.
These determinations are available on
the Web site www.doleta.gov/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 11th day of
September 2014.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2014–22766 Filed 9–24–14; 8:45 am]
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]]>Agencies
[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Notices]
[Pages 57581-57582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22766]
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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
September 2, 2014 through September 5, 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
[[Page 57582]]
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 date for all workers of such determination.
Done.
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.
85,304, Keener Kitchen Mfg. Co., red Lion, Pennsylvania. May 13, 2013.
85,324, ConAgra Foods Packaged Foods, LLC., Kentwood, Michigan. May 20,
2013.
85,422, Standard Register, Toccoa, Georgia, July 11, 2013.
85,422A, Standard Register, Radcliff, Georgia, July 11, 2013.
85,431, Southwire Company, LLC., Coffeyville, Kansas. July 17, 2013.
85,445, AccuMED Innovative Technologies, LLC., Buffalo, New York, July
24, 2013.
85,450, BBB Industries LLC., Stockton, California. July 28, 2013.
85,473, Fiber Glass Industries, Inc., Amsterdam, New York, August 7,
2013.
85,474, Passion Splash LLC, Commerce, California. August 7, 2013.
85,478, American Technical Ceramics, Huntington Station, New York,
February 25, 2014.
85,479, GDF Suez Mt. Tom Power Plant, Holyoke, Massachusetts. August
12, 2013.
85,487, LexisNexis, Colorado Springs, Colorado. August 11, 2013.
85,492, Eaton Corporation, Charlotte, North Carolina. August 18, 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.
None.
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.
85,229, Trane U.S., Inc., La Croose, Wisconsin.
85,464, Exelis Incorporated, Roanoke, Virginia.
The workers' firm does not produce an article as required for
certification under Section 222 of the Trade Act of 1974.
85,301, Citigroup Technology, Inc., (``CTI''), Warren, New Jersey.
85,395, StreetLinks Lender Solutions, Indianapolis, Indiana.
85,485, Stratus Technologies, Inc., Maynard, Massachusetts.
85,494, Fluor-B&W Portsmouth LLC, Piketon, Ohio.
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.
The following determinations terminating investigations were issued
because the petitioner has requested that the petition be withdrawn.
85,499, Apex Tool Group, LLC., Springdale, Arkansas.
85,506, Diebold, Incorporated, North Canton, Ohio.
The following determinations terminating investigations were issued
because the petitions are the subject of ongoing investigations under
petitions filed earlier covering the same petitioners.
85,476, BBB Industries LLC, Stockton, California.
I hereby certify that the aforementioned determinations were issued
during the period of September 2, 2014 through September 5, 2014. These
determinations are available on the Web site www.doleta.gov/tradeact/
taa/taasearchform.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 11th day of September 2014.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-22766 Filed 9-24-14; 8:45 am]
BILLING CODE 4510-FN-P
