Notices. Request for public comment
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BILLING CODE 4510-CK-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,182] AMI Doduco, Chase Precision Products Division, Subsidary of Technitrol Reidsville, NC; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 16, 2005 in response to a petition filed by a company official on behalf of workers at AMI Doduco, Chase Precision Products Division, a subsidiary of Technitrol, Reidsville, North Carolina.
A company official has requested that the petition be withdrawn. Consequently, further investigation would serve no purpose, and the investigation has been terminated. Signed at Washington, DC, this 10th day of June 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-3359 Filed 6-27-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment And Training Administration [TA-W-56,887] Century Moulding Company Hood River, OR; Notice of Revised Determination on Reconsideration By letter dated June 10, 2005 a company official requested administrative reconsideration regarding the Department's Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination signed on May 24, 2005, was based on the finding that imports of picture frames did not contribute importantly to worker separations at the subject plant and no shift of production to a foreign source occurred. The denial notice will soon be published in the **Federal Register** . To support the request for reconsideration, the company official supplied additional information. Upon further review and contact with the subject firm's major customer, it was revealed that the customer significantly increased its import purchases of picture frames while decreasing its purchases from the subject firm during the relevant period.
The imports accounted for a meaningful portion of the subject plant's lost sales and production. The investigation further revealed that production and employment at the subject firm declined during the relevant time period. In accordance with section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance
(ATAA)for older workers. In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at Century Moulding Company, Hood River, Oregon, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification: All workers of Century Moulding Company, Hood River, Oregon who became totally or partially separated from employment on or after March 30, 2004, through two years from the date of this certification, are eligible to apply for adjustment assistance under section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under section 246 of the Trade Act of 1974. Signed in Washington, DC this 17th day of June, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-3355 Filed 6-27-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-55,333] Gateway Country Store, Whitehall Mall, Whitehall, PA; Notice of Negative Determination on Remand The United States Court of International Trade (USCIT) granted the Department of Labor's motion for voluntary remand for further investigation in *Former Employees of Gateway Country Stores, LLC.* v. *Elaine L. Chao, United States Secretary of Labor* (Court No. 04-00588) on January 3, 2005. On August 5, 2004, the Department of Labor (Department) issued a negative determination regarding eligibility to apply for Trade Adjustment Assistance
(TAA)for the workers of Gateway Country Stores, LLC, Whitehall Mall, Whitehall, Pennsylvania (hereafter “the subject facility”). The negative determination was based on the investigation's finding that the workers at the subject facility were engaged in retail sales of computers and providing technical support to buyers, and thus, did not produce an article in accordance with Section 222 of the Trade Act of 1974. On August 20, 2004, the Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance for the subject facility was published in the **Federal Register** (69 FR 51715). In a letter dated September 9, 2004, the petitioner requested administrative reconsideration of the Department's negative determination. The Department affirmed its finding that the workers of the subject firm were not eligible to apply for TAA on the basis that they did not produce an article within the meaning of Section 222 of the Trade Act. In a letter dated September 16, 2004, the Department dismissed the petitioner's request for reconsideration. A Dismissal of Application for Reconsideration was issued on September 17, 2004. The Notice of Dismissal of Application for Reconsideration was published in the **Federal Register** on September 23, 2004, (69 FR 57091). By letter dated November 18, 2004, the petitioner requested judicial review by the USCIT. In that letter, the petitioner asserts that the workers produce an article since retail sales should be “recognized as an intrinsic service, bundled and inseparable from the Gateway computer” and alleges that the workers' separations are due to a shift of production abroad. On January 3, 2005, the USCIT remanded the matter to the Department for further investigation of the subject workers' eligibility to apply for worker adjustment assistance benefits. During the remand investigation, the Department carefully reviewed previously submitted information, contacted Gateway officials to obtain new and additional information regarding the work done by the subject worker group and solicited information from the petitioners. The remand investigation revealed that the Gateway Country Stores (“Stores”) operated as a showroom and retail outlet for Gateway computers and related products, such as monitors, and as a service shop. (Supp. AR 93, 105) The Stores, which opened in the United States during the late 1990s, operated on the basis of a European marketing strategy. (Supp. AR 105) By April 9, 2004, Gateway had closed all the Stores. (Supp. AR 1, 100, 105) Customers would enter the Store and view/test-try the floor models. (Supp. AR 105) Customers could purchase prepackaged computers (“cash and carry”) or place an order with the Store's personnel. (Supp. AR 2, 93) Prepackaged computers were shipped from an off-site manufacturing plant to a Store's inventory room, then sold “as is” to the customer. (Supp. AR 91, 93) Aside from display models, the prepackaged computers were not removed from their boxes by Store personnel. Orders placed by the customer are assembled and packaged by off-site Gateway manufacturing plants, then shipped directly from the plant to the customer's mailing address. (Supp. AR 8, 93) Customers who sought service or repair for their units brought them to the Stores after receiving it at the pre-selected mailing addresses. (Supp. AR 91, 93, 96) In the January 31, 2005 submission, the petitioner asserts that workers at the subject facility “were involved in the rework, upgrade, and final assembly of the pc solution * * * Most sales were customized orders with some piece of extra software, hardware, peripherals, or additional component as part of the solution” and infers that the extra components transform the computer into something different and improved and, therefore, the workers are producing an article—the pc solution. In the February 22, 2005 submission, the petitioner asserts that the pc solution included “continued customer service, and manufacture/rework/upgrade tasks that are bundled with the sale.” The petitioner also asserts that in many occasions, “the service and sale then concluded with assembly of hardware and external components to construct the system desired, and the installation of a customer selected software systems * * * performed by store personnel.” According to Gateway company officials, workers at the subject facility did not install programs or devices unless it was post-sale and the customer brought the unit into a Store for service. (Supp. AR 91) Further, a careful review of the position descriptions of the workers at the subject facility show that the workers were not engaged in production work but performed sales and marketing, sales/product training, store opening/closing, human resources, budgeting, customer service, inventory control, and management functions. (Supp. AR 8-41) The Department has consistently held that the performance of installation, repair and customer service is not production for the purposes of the Trade Act. Thus, the Department determines that petitioners do not produce an article within the meaning of the Trade Act of 1974. The petitioner also asserts that Gateway used the Stores to distinguish itself from its competitors in the personal computer market and that the Stores' closures were caused by the shift of computer production abroad. Contrary to the petitioner's allegations, Gateway's creation of the Stores was not to distinguish itself from its competitors as an effort to secure and/or maintain its market. Rather, the Stores were based on a revenue channel that Gateway was already using in Europe and Gateway had hopes that its domestic Stores would also be profitable. (Supp. AR 105) Like other companies facing strained economic conditions, Gateway undertook a large-scale business plan to change its direction. Information obtained from Gateway show that the business plan started several years before the investigatory period (July 2003 through July 2004), that the change of revenue sources was part of its dynamic business revolution, and that the Store closures were but one form of corporate cost-reduction, as was the independent decision to shift some manufacturing to foreign countries. The Stores were closed because they were unprofitable. (Supp. AR 3, 100, 101, 105, 106) Further, those functions which took place in the Stores were revised over several years and shifted to other domestic venues. For example, sales and customer service are handled via telephone (Supp. AR 1) and the Internet (Supp. AR 3); Gateway products are sold and serviced in national retail outlets. (Supp. AR 3, 101) Conclusion As the result of the findings of the investigation on remand, I affirm the original notice of negative determination of eligibility to apply for adjustment assistance for workers and former workers of Gateway Country Stores, LLC, Whitehall Mall, Whitehall, Pennsylvania. Signed at Washington, DC this 17th day of June 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-3352 Filed 6-27-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment And Training Administration [TA-W-57,080] Leviton Manufacturing Company, Inc., Hillsgrove Division, Warwick, RI; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, an investigation was initiated on April 29, 2005, in response to a petition filed by a company official on behalf of workers at Leviton Manufacturing Company, Inc., Hillsgrove Division, Warwick, Rhode Island (TA-W-57,080). The petitioner has requested that the petition be withdrawn. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed in Washington, DC this 10th day of June, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-3357 Filed 6-27-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,086] Makita Corporation of America Buford, GA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 2, 2005 in response to a worker petition filed by company official on behalf of workers at Makita Corporation of America, Buford, Georgia. The petitioning group of workers is covered by an active certification, (TA-W-57,071) which expires on May 17, 2007. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC this 9th day of June, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-3358 Filed 6-27-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-56,869] National Textiles, Textiles Division, Hodges, SC; Notice of Revised Determination on Reconsideration By application of May 26, 2005, a company official requested administrative reconsideration regarding the Department's Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm. The initial investigation resulted in a negative determination issued on May 5, 2005, based on the finding that imports of fleece and jersey fabric did not contribute importantly to worker separations at the subject plant and that there was no shift to a foreign country. The denial notice will soon be published in the **Federal Register** . To support the request for reconsideration, the company official supplied additional information to supplement that which was gathered during the initial investigation. Upon further review, it was revealed that the company shifted production of fleece and jersey fabric to El Salvador during the relevant period and that this shift contributed importantly to layoffs at the subject firm. In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance
(ATAA)for older workers. In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the facts obtained in the investigation, I determine that there was a shift in production from the workers' firm or subdivision to El Salvador of articles that are like or directly competitive with those produced by the subject firm or subdivision. In accordance with the provisions of the Act, I make the following certification: “All workers of National Textiles, Textiles Division, Hodges, South Carolina who became totally or partially separated from employment on or after March 21, 2004 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed in Washington, DC, this 17th day of June 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-3354 Filed 6-27-05; 8:45 am] BILLING CODE 4510-30-P 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 (TA-W) number and alternative trade adjustment assistance
(ATAA)by (TA-W) number issued during the periods of May and June 2005. In order for an affirmative determination to be made and a certification of eligibility to apply for directly-impacted (primary) worker adjustment assistance to be issued, 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
(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 county 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 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 and a certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group to be issued, 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. Negative Determinations for Worker Adjustment Assistance In the following cases, the investigation revealed that the criteria for eligibility have not been met for the reasons specified. The investigation revealed that criteria (a)(2)(A)(I.C.)(increased imports) and
(B)(II.B) (No shift in production to a foreign country) have not been met. *TA-W-57,016; Smurfit-Stone Container, Container Div., Statesville, NC* *TA-W-57,088; Cenveo, d/b/a Mailwell Graphics, Cambridge, MD* *TA-W-57,013; Fiberzone Technologies, Inc., a div. of Aqua Dynamics Systems, Inc., Adamsville, TN* *TA-W-56,907; Energy Conversion Systems, LLC, a/k/a Morganite, Inc., Carbon Division, Dunn, NC* *TA-W-56,786; Hardwood Products Company, LLC, Guilford, ME* *TA-W-57,129; ADM Milling Company, Wellsburg, WV* *TA-W-57,154; Victaulic Company of America, Easton, PA* *TA-W-57,073; Koplin Optical, Inc., 200 John Hancock Road, a subsidiary of Koplin Corp., Taunton, MA* *TA-W-57,066; Second Chance Body Armor, Inc., Michigan Manufacturing Div., Central Lake, MI* *TA-W-57,060; Wolf Range Co., A Business Unit of Illinois Tool Works (ITW), Compton, CA* *TA-W-57,047; Woodbridge Corp., a div. of Woodbridge Holdings, Inc., Brodhead, WI* *TA-W-56,991; Graham Packaging Plastic Products, Inc., Household Business Unit, St. Louis, MO* *TA-W-57,103; Automatic Technology, Inc., Charlotte, NC* *TA-W-56,797; General Electric, Motors and Controls Div., Taylor Street Location, Fort Wayne, IN: All workers engaged in activities related to the production of enameled wire* The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B) (No shift in production to a foreign country) have not been met. *TA-W-57,170; Ludlow Textiles Company, Ludlow, MA* The investigation revealed that criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A) (no employment decline) has not been met. *TA-W-57,198; Neasi-Weber International, Houston, TX* *TA-W-57,043; Haz-Waste, Inc., Working on-site at Continental Tire North America, Mayfield, KY* *TA-W-56,795; Aventis, Inc., Commercial Operations, Bridgewater, NJ* *TA-W-57,164; Epson Portland, Inc., a subsidiary of Seiko Epson Corporation, including on site production workers of Volt Services, Hillsboro, OR* *TA-W-56,816; Hewlett Packard Co., Ink Supplies Business Div., Boise, ID, A; Imaging and Printing Group Business and Printing, Boise, ID, B; Imaging and Printing Group Business and Printing, Roseville, CA and C; Imaging and Printing Group Business and Printing, Vancouver, WA* *TA-W-57,125; Teleflex Medical Research Triangle Park, NC* *TA-W-56,887; Century Moulding Company, Hood River, OR* *TA-W-57,192; Laser Tool Co., Saegertown, PA* *TA-W-57,015; Honeywell, Inc., ACS: Sensing & Control Div., Flex Heaters and Flex Fab, including on-site leased workers of Manpower, Inc., and Metz Personnel, Pawtucket, RI, A; Support Staff, including on-site leased workers of Manpower, Inc., and Metz Personnel, Pawtucket, RI, B; Thermal Cut Offs (TCO), including on-site leased workers of Manpower, Inc., and Metz Personnel, Pawtucket, RI and C; Thermistor/Probe, including on-site leased workers of Manpower, Inc., and Metz Personnel, Pawtucket, RI* *TA-W-56,797B; General Electric, Components-Specialty Transformer Div., College Street Location, Fort Wayne, IN* The workers firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. *TA-W-57,176; Oneida Home Store, a subsidiary of Oneida, Ltd, Lawrenceville, GA* *TA-W-57,139; Brooks Software, div. of Brooks Automation, Inc., Phoenix, AZ* *TA-W-57,059; Dell Financial Services, Austin, TX* *TA-W-57,032; Symbol Technologies, Lake Forest, CA* *TA-W-57,191 & A; Intradeco Apparel, Distribution Center, Medley, FL and Merchandising Office, New York, NY* *TA-W-57,023; Exxon Mobil Fuels Marketing Company Dallas, TX* *TA-W-57,024; Bank of America, Financial Shared Services Div., San Francisco, CA* *TA-W-57,185; Electronic Data Systems, Green Bay, WI* *TA-W-57,063; Global Shared Services, Application Services, a div. of Bristol Myers Squibb Company, Princeton, NJ* *TA-W-57,034; Grover Industries, Inc., Grover Plant Div., Grover, NC* *TA-W-57,179; Voith Paper Service Northeast, Inc., a subsidiary of Voith Paper, Inc., Farmington, NH* *TA-W-57,147; Teleplan Services Oregon, Inc., Subsidiary of Teleplan Holding USA, Hillsboro, OR* The investigation revealed that criterion (a)(2)(A)(I.C) (Increased imports and (a)(2)(B)(II.C) (has shifted production to a foreign country) have not been met. *TA-W-56,898; Eastman Chemical Company, Arkansas Operations Div., Batesville, AR* 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 (a)(2)(A) (increased imports) of Section 222 have been met. *TA-W-57,137; Ox-Yoke Originals, Inc., Milo, ME: May 6, 2004.* *TA-W-57,094; Lake Eyelet Manufacturing Co., Inc., Plantsville, CT: May 3, 2004* *TA-W-57,105; Twin City Foods, Inc., Lewiston, ID: April 28, 2004.* *TA-W-57,106; Westchester Narrow Fabrics, Inc., Milton, PA: April 29, 2004.* *TA-W-57,082; The Hall China Company, East Liverpool, OH: April 11, 2004.* *TA-W-57,091; Northern Hardwoods, a div. of Hardwood Lumber Manufacturing, Dimension Plant, South Range, MI: May 2, 2004.* *TA-56,745; Trane Industrial Sheet Metal Plant, a div. of American Standard Companies, Rockingham, NC: March 1, 2004.* *TA-W-56,984; Robert Bosch Corp., Automotive Chassis Div., St. Joseph, MI: April 11, 2004.* *TA-W-57,039; Davlyn Manufacturing Co., Inc., Spring City, PA: April 22, 2004.* *TA-W-57,050; Emcore Corp., including on-site leased workers from Aerotec of California, Alhambra, CA: April 14, 2004.* *TA-W-56,954; Bama Spinning, Inc., Henagar, AL: April 13, 2004.* *TA-W-56,843; Ozburn-Hessey Logistics, Leased workers on-site at Murray, Inc., Lawrenceburg, TN: March 15, 2004.* *TA-W-57,263; Whaling Mfg. Co., Inc., Fall River, MA: May 26, 2004.* *TA-W-57,020; Getinge Sourcing, LLC, Rochester, NY: July 13, 2004.* *TA-W-57,056; Precise Technology, Inc., Polestar Plant, State College, PA: April 26, 2004.* *TA-W-57,132; Anderson Precision, Inc., Jamestown, NY: April 27, 2004.* *TA-W-57,146; Shamiana, Inc., San Francisco, CA: May 5, 2004.* *TA-W-57,148; Hohenwald Thermal Plant, Hohenwald, TN: May 3, 2004.* *TA-W-57,160; Jabo, Inc., K-B Production Co., Division, Reno, OH: May 12, 2004.* *TA-W-57,074; Robinson-Ransbottom Pottery Company, a subsidiary of Brittany Corp., Roseville, OH: April 22, 2004.* *TA-W-56,996; Alcoa, Indiana Assembly and Fabricating Center, Alcoa Advanced Transportation Systems Div., Auburn, IN: April 12, 2004.* *TA-W-56,938; Fab-Knit Ltd, Waco, TX: April 5, 2004.* *TA-W-56,957; Kone, Inc., Elevator Div., McKinney, TX: March 31, 2004.* *TA-W-56,918; Parker Hannifin Corp., Automotive Connection Div., Trumann, AR: April 7, 2004.* *TA-W-56,999; Deringer-Ney, Inc., Mundelein, IL: April 12, 2004.* *TA-W-56,964; Hartmann-Conco, Inc., Rock Hill, SC: April 7, 2004.* *TA-W-57,097; Stockmen's, LLC, Lawton, IA: May 3, 2004.* *TA-W-57,064; Qualipac America Corp., including leased workers from Tuttle Agency of New Jersey, Wayne, NJ: April 27, 2004.* *TA-W-56,958; Gerdau Ameristeel, Perth Amboy, NJ: April 12, 2004.* *TA-W-57,026; Cape Shoe Company, Cape Girardeau, MO: April 19, 2004.* *TA-W-56,971; Lenox, Inc., Pomona, NJ: April 13, 2004.* *TA-W-57,045; Locklear Hosiery, Inc., Fort Payne, AL: April 6, 2004.* *TA-W-57,102; Sharon Young, Inc., Dallas, TX: May 2, 2004.* *TA-W-57,022; Rohm and Haas Company, Bayport Plant, LaPorte, TX: April 21, 2004.* *TA-W-56,966; U.S. Amps, Inc., Gainesville, FL: April 8, 2004.* *TA-W-57,002 &A; Geray Fabrics, Inc., New York, NY and Morganville, NJ: April 18, 2004.* *TA-W-56,985 &A; Oneida Ltd, Main Plant, Sherrill, NY, Sales Office, Oneida, NY: April 1, 2005.* *TA-W-56,985B; Oneida Ltd, Distribution Facility, Sherrill, NY: April 6, 2004.* *TA-W-56,852; Akzo Nobel, a div. of Akzo Nobel N.V., Coatings Resins Div., New Brunswick, NJ: March 11, 2004.* *TA-W-57,095; EMI-G Knitting, Inc., Fort Payne, AL: May 2, 2004.* *TA-W-56,968; Ames True Temper Co., North Vernon, IN: March 14, 2004.* *TA-W-56,960; Kern Manufacturing, a subsidiary of Leading Lady, Cutting and Sewing Workers, Neoga, IL: April 12, 2004.* *TA-W-56,947; Morad Manufacturing, Inc., Sikeston, MO: March 30, 2004.* *TA-W-56,941; American Greetings Industries, Inc., d/b/a AGI Schutz, a subsidiary of American Greetings Corp., Merchandising Div., including leased workers of Coxe Personnel Services, Inc., Forest City, NC: April 4, 2004.* * TA-W-56,931; Westpoint Stevens, Inc., Sparks Plant, Basic Bedding Division, including on-site leased workers from Express Personnel and Personnel Services, Sparks, NV: April 11, 2004. * *TA-W-56,797; General Electric, Motors and Controls Div., Taylor Street Location, Fort Wayne, IN: All workers engaged in activities related to the production of AC motors who became totally or partially separated from employment on or after March 16, 2004.* *TA-W-56,797A; General Electric, Motors and Controls Division, Broadway Location, Fort Wayne, IN: March 16, 2004.* *TA-W-57,099; Rada, Inc., San Francisco, CA: April 22, 2004.* The following certifications have been issued. The requirements of
(B)(shift in production) of Section 222 have been met. *TA-W-57,115; BASF Corp., Coatings Div., Southfield, MI: April 26, 2004.* *TA-W-57,093; Amco Convertible Fabrics, Specialty Products, Adrian, MI: April 29, 2004.* *TA-W-57,089; Ethicon, a div. of Johnson & Johnson, San Angelo, TX: May 1, 2004.* *TA-W-57,062; Burner Systems International, Inc., Mansfield, OH: May 3, 2004.* *TA-W-57,062; Fisher Scientific Company LLC, Laboratory Equipment Div., a div. of Fisher Scientific International, Inc., Indiana, PA: April 26, 2004.* *TA-W-57,210; Printronic, Inc., MF FRET 2, Including on-site leased workers from Aerotek, Irvine, CA: May 18, 2004.* *TA-W-57,104; Matsushita Electronic Materials, Inc., a subsidiary of Matsushita Electric Works, including on-site workers from Aromat Corp., and leased on site workers from Flexforce Temporary Staffing, Forest Grove, OR: May 3, 2004.* *TA-W-57,135; Elite Textiles Ltd, Abermarle, NC: April 29, 2004.* *TA-W-57,076; Plasco, Div. of Microtek Medical, Inc., Gurnee, IL: April 29, 2004.* *TA-W-57,220; Geiger of Austria, Inc., Middlebury, VT: May 12, 2004.* *TA-W-57,152; All-Luminum Products, Inc., d/b/a Rio Brands, including on-site leased workers of Goldstar Services, Philadelphia, PA: May 9, 2004.* *TA-W-57,107 &A; Seaboard Atlantic Garment, Inc., including on-site leased workers of First Choice Staffing, East Syracuse, NY, Bethlehem Dye House Div., including on-site leased workers of First Choice Staffing, Bethlehem, PA: May 2, 2004.* *TA-W-57,070; Royal Home Fashions, a subsidiary of Croscill, Inc., Plant 8, Oxford, NC: April 28, 2004.* *TA-W-57,054; Transpro, Inc., Buffalo, NY: April 26, 2004.* *TA-W-57,036; CRI Advantage, Inc., leased on-site workers at Hewlett-Packard Company, imaging & Printing Group-Technology Platforms Div., Corvallis, OR: April 19, 2004.* *TA-W-57,029; Hamilton Sunstrand, including leased workers of Manpower, a div. of United Technologies, Grand Junction, CO: April 18, 2004.* *TA-W-56,893; Dayton Superior Corp., Tremont, PA: March 16, 2004.* *TA-W-57,004; Monte Glove Company, Maben, MS: April 6, 2004.* *TA-W-56,980; Tecumseh Power Co., New Holstein Operations, a subsidiary of The Tecumseh Products Co., New Holstein, WI: February 28, 2005.* *TA-W-56,973; J.J.'s Mae, d/b/a Rainbeau, San Francisco, CA: April 1, 2004.* *TA-W-57,184; Creative Nail Design, including leased workers of Select Temporary Agency, Vista, CA: May 16, 2004.* *TA-W-57,075; Accuride International, Inc., Santa Fe Springs, CA: March 13, 2005.* *TA-W-57,031; Pilling/Weck, a subsidiary of Teleflex, including on-site leased workers of Aerotek, Horsham, PA: April 20, 2004.* *TA-W-56,927; Black's Frames, Inc., Lincolnton, NC: April 6, 2004.* *TA-W-57,042; KMedic, including on-site leased workers of Aerotek, Northvale, NJ: April 20, 2004.* *TA-W-57,015D; Honeywell, Inc., ACS: Sensing & Control Div., Commercial & Precision Thermostats, including on-site leased workers of Manpower, Inc., and Metz Personnel, Pawtucket, RI: May 17, 2005.* *TA-W-57,120; MMG North America Corp., a div. of TT Electronics PLC, Paterson, NJ: December 17, 2004.* The following certifications have been issued. The requirement of upstream supplier to a trade certified primary firm has been met. *TA-W-57,161; Labinal-Corinth, Inc., a subsidiary of Safran, Corinth, TX: May 12, 2004.* Negative Determinations for Alternative Trade Adjustment Assistance In order for the Division of Trade Adjustment Assistance to be issued 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. In the following cases, it has been determined that the requirements of Section 246(a)3)ii) have not been met for the reasons specified. The Department has determined that criterion
(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. *TA-W-56,931; Westpoint Stevens, Inc., Sparks Plant, Basic Bedding Div., including on-site leased workers from Express Personnel and Personnel Services, Sparks, NV* *TA-W-56,968; Ames True Temper Co., North Vernon, IN* *TA-W-56,852; Akzo Nobel, a div. of Akzo Nobel N.V., Coatings and Resins Div., New Brunswick, NJ* *TA-W-57,002 & A; Geray Fabrics, Inc., New York, NY and Morganville, NJ* *TA-W-56,966; U.S. Amps, Inc., Gainesville, FL* *TA-W-57,022; Rohm and Haas Co., Bayport Plant, LaPorte, TX* *TA-W-57,031; Pilling/Weck, a subsidiary of Teleflex, including on-site leased workers of Aerotek, Horsham, PA* *TA-W-57,075; Accuride International, Inc., Santa Fe Springs, CA* The Department has determined that criterion
(1)of Section 246 has not been met. Workers at the firm are 50 years of age or older. *TA-W-57,095; EMI-G Knitting, Inc., Fort Payne, AL* Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. *TA-W-57,015; Honeywell, Inc., ACS: Sensing & Control Div., Flex Heaters and Flex Fab, including on-site leased workers of Manpower, Inc., and Metz Personnel Pawtucket, RI, A; Support Staff, including on-site leased workers of Manpower, Inc., and Metz Personnel, Pawtucket, RI, B; Thermal Cut Offs (TCO), including on-site leased workers of Manpower, Inc., and Metz Personnel, Pawtucket, RI and C; Thermistor/Probe, including on-site leased workers of Manpower, Inc., and Metz Personnel, Pawtucket, RI* *TA-W-57,016; Smurfit-Stone Container, Container Div., Statesville, NC* *TA-W-57,088; Cenveo, d/b/a Mailwell Graphics, Cambridge, MD* *TA-W-57,013; Fiberzone Technologies, Inc., a div. of Aqua Dynamics Systems, Inc., Adamsville, TN* *TA-W-56,907; Energy Conversion Systems LLC, a/k/a Morganite, Inc., Carbon Div., Dunn, NC* *TA-W-56,986; Hardwood Products Company, LLC, Guilford, ME* *TA-W-57,129; ADM Milling Company, Wellsburg, WV* *TA-W-57,170; Ludlow Textiles Company, Ludlow, MA* *TA-W-57,154; Victaulic Company of America, Easton, PA* *TA-W-57,073; Koplin Optical, Inc, 200 John Hancock Road, a subsidiary of Koplin Corporation, Taunton, MA* *TA-W-57,066; Second Chance Body Armor, Inc., Michigan Manufacturing Div., Central Lake, MI* *TA-W-57,060; Wolf Range Company, A Business Unit of Illinois Tool Works (ITW), Compton, CA* *TA-W-57,047; Woodbridge Corporation a div. of Woodbridge Holdings, Inc., Brodhead, WI* *TA-W-56,991; Graham Packaging Plastic Products, Inc., Household Business Unit, St. Louis, MO* *TA-W-57,103; Automatic Technology, Inc., Charlotte, NC* *TA-W-57,198; Neasi-Weber International, Houston, TX* *TA-W-57,043; Haz-Waste, Inc., Working on-site at Continental Tire North America, Mayfield, KY* *TA-W-56,795; Aventis, Inc., Commercial Operations, Bridgewater, NJ* *TA-W-57,164; Epson Portland, Inc., a subsidiary of Seiko Epson Corp., including on site production workers of Volt Services, Hillsboro, OR* *TA-W-56,816; Hewlett Packard Company, Ink Supplies Business Div., Boise, ID, A; Imaging and Printing Group-Business and Printing, Boise, ID, B; Roseville, CA and C; Imaging and Printing Group-Business and Printing, Vancouver, WA* *TA-W-57,176; Oneida Home Store, a subsidiary of Oneida, Ltd, Lawrenceville, GA* *TA-W-57,139; Brooks Software, div. of Brooks Automation, Inc., Phoenix, AZ* *TA-W-57,059; Dell Financial Services, Austin, TX* *TA-W-57,191 & A; Intradeco Apparel, Distribution Center, Medley, FL and Merchandising Office, New York, NY* *TA-W-57,032; Symbol Technologies, Lake Forest, CA* *TA-W-57,023; Exxon Mobil Fuels Marketing Company, Dallas, TX* *TA-W-57,024; Bank of America, Financial Shared Services Div., San Francisco, CA* *TA-W-57,185; Electronic Data Systems, Green Bay, WI* *TA-W-57,063; Global Shared Services, Application Services, a div. of Bristol Myers Squibb Company, Princeton, NJ* *TA-W-57,034; Grover Industries, Inc., Grover Plant Div., Grover, NC* *TA-W-57,179; Voith Paper Service Northeast, Inc., a subsidiary of Voith Paper, Inc., Farmington, NH* *TA-W-56,898; Eastman Chemical Company, Arkansas Operations Div., Batesville, AR* *TA-W-56,797; General Electric, Motors and Controls Div., Taylor Street Location, Fort Wayne, IN: All workers engaged in activities related to the production of enameled wire.* *TA-W-56,797B; General Electric, Components-Specialty Transformer Div., College Street Location, Fort Wayne, IN* Affirmative Determinations for Alternative Trade Adjustment Assistance In order for the Division of Trade Adjustment Assistance to issued 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. 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 determinations. In the following cases, it has been determined that the requirements of Section 246(a)(3)(ii) have been 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. III. The competitive conditions within the workers' industry ( *i.e.,* conditions within the industry are adverse). *TA-W-53,509; Armstrong Floor Products, A Business Unit of Armstrong World Industries, Warren, AR: November 10, 2002 through December 31, 2005.* *TA-W-53,276; H. Freeman & Son, Inc., Philadelphia, PA: October 3, 2002 through October 28, 2005.* *TA-W-53,029; American Electric Lighting, a div. of Acuity Lighting Group, a subsidiary of Acuity Brands, Inc., Bainbridge, GA: September 15, 2002 through October 10, 2005.* *TA-W-52,242; Louisiana Pacific Corp., Belgrade, MT: July 7, 2002 through August 22, 2005.* *TA-W-52,316; Louisiana Pacific Corp., Formerly Crown Pacific, Bonners Ferry, ID: June 26, 2002.* *TA-W-54,879; Vesuvius USA Corp., Foundry Div., Buffalo, NY: May 3, 2003 June 24, 2006.* *TA-W-56,588; Velcorex, Inc., a div. of Dollus Mieg Co., Inc. (DMC), Orangeburg, SC: March 18, 2003.* *TA-W-54,637; Rice Mills, Inc., Belton, SC: March 31, 2003 through May 4, 2006.* *TA-W-55,346; Hamilton Beach/Proctor Silex, Inc., Southern Pines, NC: July 19, 2003 through August 12, 2006.* *TA-W-57,161; Labinal-Corinth, Inc., a subsidiary of Safran, Corinth, TX: May 12, 2004.* *TA-W-57,015D; Honeywell, Inc., ACS: Sensing & Control Div., Commercial & Precision Thermostats, including on-site leased workers of Manpower, Inc., and Metz Personnel, Pawtucket, RI: May 17, 2005.* *TA-W-57,184; Creative Nail Design, including leased workers of Select Temporary Agency, Vista, CA: May 16, 2004.* *TA-W-56,973; J.J.'s Mae, d/b/a Rainbeau, San Francisco, CA: April 1, 2004.* *TA-W-56,980; Tecumseh Power Co., New Holstein Operations, a subsidiary of The Tecumseh Products Company, New Holstein, WI: February 28, 2005.* *TA-W-57,004; Monte Glove Company, Maben, MS: April 6, 2004.* *TA-W-56,893; Dayton Superior Corp., Tremont, PA: March 16, 2004.* *TA-W-57,029; Hamilton Sunstrand, including leased workers of Manpower, a div. of United Technologies, Grand Junction, CO: April 18, 2004.* *TA-W-57,054; Transpro, Inc., Buffalo, NY: April 26, 2004.* *TA-W-57,036; CRI Advantage, Inc., leased on-site workers at Hewlett-Packard Co., Imaging and Printing Group-Technology Platforms Div., Corvallis, OR: April 19, 2004.* *TA-W-57,070; Royal Home Fashions, a subsidiary of Croscill, Inc., Plant 8, Oxford, NC: April 28, 2004.* *TA-W-57,107 & A; Seaboard Atlantic Garment, Inc., including on-site leased workers of First Choice Staffing, East Syracuse, NY and Bethlehem Dye House Div., including on-site leased workers of First Choice Staffing, Bethlehem, PA: May 2, 2004.* *TA-W-57,152; All-Luminum Products, Inc., d/b/a Rio Brands, including on-site leased workers of Goldstar Services, Philadelphia, PA: May 9, 2004.* *TA-W-57,220; Geiger of Austria, Inc., Middlebury, VT: May 12, 2004.* *TA-W-57,076; Plasco, Div. of Microtek Medical, Inc., Gurnee, IL: April 29, 2004.* *TA-W-57,135; Elite Textiles Ltd, Abermarle, NC: April 29, 2004.* *TA-W-57,210; Printronix, Inc., MF FRET 2, including on-site leased workers from Aerotek, Irvine, CA: May 18, 2004.* *TA-W-57,137; Ox-Yoke Originals, Inc., Milo, ME: May 6, 2004.* *TA-W-57,104; Matsushita Electronic Materials, Inc., a subsidiary of Matsushita Electric Works, including on-site workers from Aromat Corp., and leased on-site workers from Flexforce Temporary Staffing, Forest Grove, OR: May 3, 2004.* *TA-W-57,062; Fisher Scientific Company LLC, Laboratory Equipment Div., a div. of Fisher Scientific International, Inc., Indiana, PA: April 26, 2004.* *TA-W-57,166; Burner Systems International, Inc., Mansfield, OH: May 3, 2004.* *TA-W-57,089; Ethicon a div. of Johnson & Johnson, San Angelo, TX: May 1, 2004.* *TA-W-57,093; Amco Convertible Fabrics, Specialty Products, Adrian, MI: April 29, 2004.* *TA-W-56,797; General Electric, Motors and Controls Div., Taylor Street Location, Fort Wayne, IN: All engaged in activities related to the production of AC motors who became totally or partially separated from employment on or after March 16, 2004.* *TA-W-56,797A; General Electric, Motors and Controls Div., Broadway Location, Fort Wayne, IN: March 16, 2004.* *TA-W-56,985 & A, B; Oneida Ltd, Main Plant, Sherrill, NY, Sales Office, Oneida, NY and Distribution Facility, Sherrill, NY: April 6, 2004.* *TA-W-57,102; Sharon Young, Inc., Dallas, TX: May 2, 2004.* *TA-W-57,045; Locklear Hosiery, Inc., Fort Payne, AL: April 6, 2004.* *TA-W-56,971; Lenox, Inc., Inc., Pomona, NJ: April 13, 2004.* *TA-W-57,026; Cape Shoe Company, Cape Girardeau, MO: April 19, 2004.* *TA-W-56,958; Gerdau Ameristeel, Perth Amboy, NJ: April 12, 2004.* *TA-W-57,064; Qualipac America Corp., including leased workers from Tuttle Agency of New Jersey, Wayne, NJ: April 27, 2004.* *TA-W-57,097; Stockmen's LLC, Lawton, IA: May 3, 2004.* *TA-W-56,964; Hartmann-Conco, Inc., Rock Hill, SC: April 7, 2004.* *TA-W-56,999; Deringer-Ney, Inc., Mundelein, IL: April 12, 2004.* *TA-W-56,918; Parker Hannifin Corp., Automotive Connection Div., Trumann, AR: April 7, 2004.* *TA-W-56,938; Fab-Knit Ltd, Waco, TX: April 5, 2004.* *TA-W-56,957; Kone, Inc., Elevator Div., McKinney, TX: March 31, 2004.* *TA-W-56,996; Alcoa, Indiana Assembly and Fabricating Center, Alcoa Advanced Transportation Systems Div., Auburn, IN: April 12, 2004.* *TA-W-57,074; Robinson-Ransbottom Pottery Company, a subsidiary of Brittany Corp., Roseville, OH: April 22, 2004.* *TA-W-57,160; Jabo, Inc., K-B Production Company, Division, Reno, OH: May 12, 2004.* *TA-W-57,148; Hohenwald Thermal Plant, Hohenwald, TN: May 3, 2004.* *TA-W-57,146; Shamiana, Inc., San Francisco, CA: May 5, 2004.* *TA-W-57,132; Anderson Precision, Inc., Jamestown, NY: April 27, 2004.* *TA-W-57,056; Precise Technology, Inc., Polestar Plant State College, PA: April 26, 2004.* *TA-W-57,020; Getinge Sourcing, LLC, Rochester, NY: July 13, 2004.* *TA-W-57,263; Whaling Mfg. Co., Inc., Fall River, MA: May 26, 2004.* *TA-W-56,843; Ozburn-Hessey Logistics, leased workers on-site at Murray, Inc., Lawrenceburg, TN: March 15, 2004.* *TA-W-56,954; Bama Spinning, Inc., Henagar, AL: April 13, 2004.* *TA-W-57,039; Davlyn Manufacturing Co., Inc., Spring City, PA: April 22, 2004.* *TA-W-57,050; Emcore Corp., including leased workers from on-site Aerotec of California, Alhambra, CA: April 14, 2004.* *TA-W-56,984; Robert Bosch Corp., Automotive Chassis Div., St. Joseph, MI: April 11, 2004.* *TA-W-56,745; Trane Industrial Sheet Metal Plant, a div. of American Standard Companies, Rockingham, NC: March 1, 2004.* *TA-W-57,091; Northern Hardwoods, a div. of Hardwood Lumber Manufacturing, Dimension Plant, South Range, MI: May 2, 2004.* *TA-W-57,082; The Hall China Co., East Liverpool, OH: April 11, 2004.* *TA-W-57,106; Westchester Narrow Fabrics, Inc., Milton, PA: April 29, 2004.* *TA-W-57,105; Twin City Foods, Inc., Lewiston, ID: April 28, 2004.* *TA-W-57,094; Lake Eyelet Manufacturing Co., Inc., Plantsville, CT: May 3, 2004.* I hereby certify that the aforementioned determinations were issued during the months of May and June 2005. Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: June 17, 2005. Timothy Sullivan, Director, Division of Trade Adjustment Assistance. [FR Doc. E5-3361 Filed 6-27-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,207] Storage Technology Corporation Brooklyn Park, MN; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 18, 2005 in response to a petition filed by a State Workforce Representative on behalf of workers at Storage Technology Corporation, Brooklyn Park, Minnesota. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 14th day of June, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-3360 Filed 6-27-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment And Training Administration [TA-W-56,966] U.S. Amps, Inc., Including On-Site Leased Workers of Gevity HR, Gainesville, FL; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Negative Determination Regarding Eligibility To Apply for Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and under section 246 of the Trade Act of 1974, as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and a Negative Determination Regarding Eligibility to Apply For Alternative Trade Adjustment Assistance on June 3, 2005, applicable to workers of U.S. Amps Inc., Gainesville, Florida. The notice will soon be published in the **Federal Register** . At the request of the State Agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of car stereo amplifiers. The review of the certification confirms that the Department inadvertently failed to include the on-site leased workers in the certification. U.S. Amps Inc., Gainesville, Florida leased employees from Gevity HR, Gainesville, Florida, to work on-site at plant. Therefore, the Department is amended the certification to include the leased workers from Gevity HR working on-site at U.S. Amps Inc., Gainesville, Florida. The amended notice applicable to TA-W-55,966 is hereby issued as follows: All workers of U.S. Amps, Inc. including on-site leased workers from Gevity HR, Gainesville, Florida, including on-site leased workers from Gevity HR, who became totally or partially separated from employment on or after April 8, 2004, through June 3, 2007, are eligible to apply for adjustment assistance under section 223 of the Trade Act of 1974; and I further determine that all workers of U.S. Amps, Inc., including on-site leased workers from Gevity HR, Gainesville, Florida, are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed in Washington, DC, this 17th day of June, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-3356 Filed 6-27-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,223] Ward Products, LLC Amsterdam, NY; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 19, 2005 in response to a petition filed by a District Representative of the International Brotherhood of Electrical Workers on behalf of workers at Ward Products, LLC, Amsterdam, New York. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 13th day of June, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-3362 Filed 6-27-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. ICR-1218-0110 (2005)] Onsite Consultation Agreements; Extension of the Office of Management and Budget's
(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comment concerning its request for an extension of the information collection requirements contained in its onsite consultation agreements (29 CFR 1908). DATES: Comments must be submitted by the following dates: *Hard copy:* Your comments must be submitted (postmarked or received) by August 29, 2995. *Facsimile and electronic transmission:* Your comments must be received by August 29, 2005. ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-1218-0110(2005), by any of the following methods: *Regular mail, express delivery, hand delivery, and messenger service:* Submit your comments and attachments to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202)693-2350 (OSHA's TTY number is
(877)889-5627). OSHA Docket Office and Department of Labor hours are 8:15 a.m. to 4:45 p.m., ET. *Facsimile:* If your comments are 10 pages or fewer in length, including attachments, you may fax them to the OSHA Docket Office at
(202)693-1648. *Electronic:* You may submit comments through the Internet at *http://ecomments.osha.gov.* Follow the instructions on the OSHA Webpage for submitting comments. *Docket:* For access to the docket to read or download comments or background materials, such as the complete Information Collection Request
(ICR)(containing the Supporting Statement, OMB-83-I Form, and attachments), go to OSHA's Web page at *http://www.OSHA.gov.* In addition, the ICR, comments and submissions are available for inspection and copying at the OSHA Docket Office at the address above. You also may contact Todd Owen at the address below to obtain a copy of the ICR. For additional information on submitting comments, please see the “Public Participation” heading in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards and Guidance, OSHA, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210, telephone
(202)693-2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and the Occupational Safety and Health Administration's
(OSHA)estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). Section 7(c)(1) of the Act authorizes the Secretary of Labor to, “with the consent of any State or political subdivision thereof, accept and use the services, facilities, and personnel of any agency of such State or subdivision with reimbursement.” Section 21(C) of the Act authorizes the Secretary of Labor (Secretary) to, “consult with and advise employers and employees * * * as to effective means of preventing occupational illnesses and injuries.” Additionally, Section 21(d) of the Act instructs the Secretary to “establish and support cooperative agreements with the States under which employers subject to the Act may consult with State personnel with respect to the application of occupational safety and health requirements under the Act or under State plans approved under section 18 of the Act.” This gives the Secretary authority to enter into agreements with the States to provide onsite consultation services, and established rules under which employers may qualify for an inspection exemption. To satisfy the intent of these and other sections of the Act, OSHA codified the terms that govern cooperative agreements between OSHA and State governments whereby State agencies provide onsite consultation services to private employers to assist them in complying with the requirements of the OSH Act. The terms were codified as the Consultation Program regulations (29 CFR Part 1908). The Consultation Program regulations specify services to be provided, and practices and procedures to be followed by the State Onsite Consultation Programs. Information collection requirements set forth in the Onsite Consultation Program regulations are in two categories: *State Responsibilities* and *Employer Responsibilities.* Eight regulatory provisions require information collection activities by the State. The Federal government provides 90 percent of funds for onsite consultation services delivered by the States, which result in the information collection. Four requirements apply to employers and specify conditions for receiving the free consultation services. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA proposes to extend the Office of Management and Budget's
(OMB)approval of the collection of information (paperwork) requirements necessitated by Onsite Consultation Agreements (29 CFR 1908). In its extension request, OSHA also is proposing to increase the total burden hours for these requirements from 17,530 hours to 21,771 hours. The Agency will include this summary in its request to OMB to extend the approval of the collection of information requirements. *Type of Review:* Extension of currently approved information collection requirements. *Title:* Onsite Consultation Agreements (29 CFR Part 1908). *OMB Number:* 1218-0110. *Affected Public:* Business or other for-profits; not-for-profit organizations; Federal Government; State, Local, or Tribal Government. *Number of Respondents:* 31,048. *Frequency of Response:* Monthly. *Average time Per Response:* Varies from 3 minutes (.02 hour) for an employer or plant manager to sign a Safety and health achievement Recognition Program application to 32 hours for an Onsite Consultation Program Manager to submit an agreement once per year. *Estimated Total Burden Hours:* 21,771. *Estimated cost (Operation and Maintenance):* $0. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments and supporting materials in response to this notice by
(1)hardy copy,
(2)fax transmission (facsimile), or
(3)electronically through the OSHA Webpage. Because of security-related problems, a significant delay may occur in the receipt of comments by regular mail. Please contact the OSHA Docket Office at
(202)693-2350 (TTY
(877)889-5627) for information about security procedures concerning the delivery of submissions by express delivery, hand delivery, hand delivery, and courier service. All comments, submissions and background documents are available for inspection and copying at the OSHA Docket Office at the above address. comments and submissions posted on OSHA's Web page are available at *http://www.OSHA.gov.* Contact the OSHA Docket Office for information about materials not available through the OSHA Webpage and for assistance using the Webpage to locate docket submissions. Electronic copies of this **Federal Register** notice as well as other relevant documents are available on OSHA's Webpage. Since all submissions become public, private information such as social security numbers should not be submitted. V. Authority and Signature Jonathan L. Snare, Acting Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 *et seq.* ). and Secretary of Labor's Order No. 5-2002 (67 FR 65008). Dated: Signed at Washington, DC, on June 22, 2005. Jonathan L. Snare, Acting Assistant Secretary of Labor. [FR Doc. 05-12767 Filed 6-27-05; 8:45 am]
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2 references not yet in our index
- 26 USC 2813
- 29 CFR 1908
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