Contacts Metals and Welding, Inc., Indianapolis, Indiana; Notice of Affirmative Determination Regarding Application for Reconsideration, 74768-74769 [2014-29317]

Download as PDF 74768 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices The last notification was filed with the Department on December 20, 2011. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on January 20, 2012 (77 FR 3007). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2014–29410 Filed 12–15–14; 8:45 am] BILLING CODE P of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOL_ PRA_PUBLIC@dol.gov. Authority: 44 U.S.C. 3507(a)(1)(D). DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Forging Machines ACTION: Notice. The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ‘‘Forging Machines,’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before January 15, 2015. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201409-1218-001 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free numbers) or by email at DOL_PRA_ PUBLIC@dol.gov. Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–OSHA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202– 395–5806 (this is not a toll-free number); or by email: OIRA_ submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor—OASAM, Office mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:38 Dec 15, 2014 This ICR seeks to extend PRA authority for the Forging Machines information collection. Under regulations 29 CFR 1910.218, it is mandatory for covered employers to conduct and to document periodic inspections of forging machines, guards, and point-ofoperation protection devices and to mark manually controlled valves and switches. These requirements reduce workers’ risks of death or serious injury by ensuring that forging machines used by them are in safe operating condition and that the workers are able to identify manually operated valves and switches. Occupational Safety and Health Act sections 2, 6, and 8 authorize this information collection. See 29 U.S.C. 651, 655, and 657. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1218–0228. OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the current approval for this collection is scheduled to expire on January 31, 2015. The DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional substantive information about this ICR, see the related notice published in the Federal Register on June 30, 2014 (79 FR 36832). SUPPLEMENTARY INFORMATION: Jkt 235001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1218–0228. The OMB 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, 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 submission of responses. Agency: DOL–OSHA. Title of Collection: Forging Machines. OMB Control Number: 1218–0228. Affected Public: Private sector— businesses or other for-profits and not for profit institutions. Total Estimated Number of Respondents: 27,700. Total Estimated Number of Responses: 1,440,788. Total Estimated Annual Time Burden: 187,264 hours. Total Estimated Annual Other Costs Burden: $0. Dated: December 10, 2014. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2014–29389 Filed 12–15–14; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–85,371] Contacts Metals and Welding, Inc., Indianapolis, Indiana; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated October 10, 2014, the IUE–CWA, Local 84001, E:\FR\FM\16DEN1.SGM 16DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of Contacts Metals and Welding, Inc., Indianapolis, Indiana (subject firm). The determination was issued on August 28, 2014. The Department’s Notice of determination was published in the Federal Register on September 11, 2014 (79 FR 54298). Workers at the subject firm were engaged in activities related to the production of resistance welding consumables and accessories, such as welding tips and holders. The negative determination was based on the Department’s findings that during the course of the investigation, the Department received information which establishes that BGA Management, LCC (doing business as Alliance Management) is the Courtappointed receiver for CMW International, LLC; that CMW International, LLC is the successor-ininterest to CMW International, Inc.; that the afore-mentioned entities have the same address as Contacts Metals and Welding, Inc.; that the Court-appointed receiver was authorized to sell assets, including the right to sell products under the Contacts Metals and Welding, Inc./CMW brand; and that the entity(s) selling products under the CMW brand are not successor-in-interest to either CMW International, LLC, CMW International, Inc., or Contacts Metals and Welding, Inc. With respect to Section 222(a)(2)(B) of the Act, the Department did not receive information that Contacts Metals and Welding, Inc. shifted production of resistance welding consumables and accessories, or like or directly competitive articles, to a foreign country. With respect to Section 222(a)(2)(A)(ii), the Department did not receive information that imports of articles like or directly competitive with the resistance welding consumables and accessories produced by Contacts Metals and Welding, Inc. increased during the relevant period. With respect to Section 222(b)(2) of the Act, the Department did not receive information that Contacts Metals and Welding, Inc. was a Supplier to, or act as a Downstream Producer for, a firm that employed a group of workers who received a certification of eligibility under Section 222(a) of the Act, 19 U.S.C. 2272(a), based on an increase in imports from, or a shift in production to, Canada or Mexico. The request for reconsideration states ‘‘The Union has, since the negative VerDate Sep<11>2014 19:38 Dec 15, 2014 Jkt 235001 determination, been reaching out to secure better contact information . . . We are submitting that information so that a more comprehensive reinvestigation can be conducted.’’ The request for reconsideration also alleged that production shifted to various foreign countries including Mexico, Canada, Germany, and China. In addition, the request for reconsideration included contact information for a union representative and several former company officials to assist with the reconsideration. The Department has carefully reviewed the request for reconsideration and the existing record, and 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 9th day of December 2014. Michael W. Jaffe Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–29317 Filed 12–15–14; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–85,505] Red Shield Acquisition, D/B/A Old Town Fuel and Fiber, Old Town, Maine; Notice of Negative Determination Regarding Application for Reconsideration By application dated October 3, 2014, United Steelworkers, Local 4–0080 (USW) 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 Red Shield Acquisition, d/b/a Old Town Fuel and Fiber, Old Town, Maine (subject firm). The determination was signed on September 23, 2014, and the Department’s Notice of Determination was published in the Federal Register on October 21, 2014 (79 FR 62971). The subject firm is engaged in the production of bleached hardwood kraft pulp. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 74769 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 was based on the Department’s findings that the subject firm did not shift the production of articles like or directly competitive with bleached hardwood kraft pulp to a foreign country; that imports of articles like or directly competitive with the bleached hardwood kraft pulp did not contribute importantly to the workers’ separation or threat of separation and to the decline in sales or production of the firm; and that the subject firm is not 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, 19 U.S.C. 2272(a). During the investigation, the Department reviewed import data from the subject firm and its major declining customers, and within the industry. In the request for reconsideration, USW asserts that the majority of the kraft pulp market is produced in foreign countries and that two of the subject firm’s major customers use foreign-made pulp in their paper and tissue production process. The request for reconsideration 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. E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74768-74769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29317]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-85,371]


Contacts Metals and Welding, Inc., Indianapolis, Indiana; Notice 
of Affirmative Determination Regarding Application for Reconsideration

    By application dated October 10, 2014, the IUE-CWA, Local 84001,

[[Page 74769]]

requested administrative reconsideration of the negative determination 
regarding workers' eligibility to apply for Trade Adjustment Assistance 
(TAA) applicable to workers and former workers of Contacts Metals and 
Welding, Inc., Indianapolis, Indiana (subject firm). The determination 
was issued on August 28, 2014. The Department's Notice of determination 
was published in the Federal Register on September 11, 2014 (79 FR 
54298). Workers at the subject firm were engaged in activities related 
to the production of resistance welding consumables and accessories, 
such as welding tips and holders.
    The negative determination was based on the Department's findings 
that during the course of the investigation, the Department received 
information which establishes that BGA Management, LCC (doing business 
as Alliance Management) is the Court-appointed receiver for CMW 
International, LLC; that CMW International, LLC is the successor-in-
interest to CMW International, Inc.; that the afore-mentioned entities 
have the same address as Contacts Metals and Welding, Inc.; that the 
Court-appointed receiver was authorized to sell assets, including the 
right to sell products under the Contacts Metals and Welding, Inc./CMW 
brand; and that the entity(s) selling products under the CMW brand are 
not successor-in-interest to either CMW International, LLC, CMW 
International, Inc., or Contacts Metals and Welding, Inc.
    With respect to Section 222(a)(2)(B) of the Act, the Department did 
not receive information that Contacts Metals and Welding, Inc. shifted 
production of resistance welding consumables and accessories, or like 
or directly competitive articles, to a foreign country.
    With respect to Section 222(a)(2)(A)(ii), the Department did not 
receive information that imports of articles like or directly 
competitive with the resistance welding consumables and accessories 
produced by Contacts Metals and Welding, Inc. increased during the 
relevant period.
    With respect to Section 222(b)(2) of the Act, the Department did 
not receive information that Contacts Metals and Welding, Inc. was a 
Supplier to, or act as a Downstream Producer for, a firm that employed 
a group of workers who received a certification of eligibility under 
Section 222(a) of the Act, 19 U.S.C. 2272(a), based on an increase in 
imports from, or a shift in production to, Canada or Mexico.
    The request for reconsideration states ``The Union has, since the 
negative determination, been reaching out to secure better contact 
information . . . We are submitting that information so that a more 
comprehensive re-investigation can be conducted.'' The request for 
reconsideration also alleged that production shifted to various foreign 
countries including Mexico, Canada, Germany, and China. In addition, 
the request for reconsideration included contact information for a 
union representative and several former company officials to assist 
with the reconsideration.
    The Department has carefully reviewed the request for 
reconsideration and the existing record, and 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 9th day of December 2014.
Michael W. Jaffe
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-29317 Filed 12-15-14; 8:45 am]
BILLING CODE 4510-FN-P