Notices. Notice of affirmative decisions issued by the Administrators for Coal Mine Safety and Health and Metal and Nonmetal Mine Safety and Health on petitions for modification of the application of mandatory safety standards

10,830 words·~49 min read·/register/2005/10/06/05-20081·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-56,114] Bourns Microelectronics Modules, Inc., a Subsidiary of Bourns, Inc., New Berlin, WI; Amended Notice of Revised Determination on Remand In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued a Notice of Revised Determination On Remand on August 16, 2005, applicable to workers of Bourns Microelectronics Modules, Inc., a subsidiary of Bourns, Inc., New Berlin, Wisconsin.

The notice was published in the **Federal Register** on August 26, 2005 (70 FR 50409-50410). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of computer modules. The purpose of this amendment is to clarify that individuals who received any benefits under trade adjustment assistance case number TA-W-42,217 may not receive any benefits under trade adjustment assistance case number TA-W-56,114 for the same separation from employment.

The amended certification applicable to TA-W-56,114 is hereby issued as follows: All workers of Bourns Microelectronics Modules, Inc., a subsidiary of Bourns, Inc., New Berlin, Wisconsin, who became totally or partially separated from employment on or after December 3, 2003 through August 16, 2007, are eligible under Section 223 to apply for adjustment assistance of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974, except that individuals who received any benefits under trade adjustment assistance case number TA-W-42,217 may not receive any benefits under trade adjustment assistance case number TA-W-56,114 for the same separation from employment.

Signed at Washington, DC this 14th day of September 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-5476 Filed 10-5-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,908] Casair, Inc.; Stanton, MI; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on September 9, 2005 in response to a worker petition filed by a company official on behalf of workers at Casair, Inc., Stanton, Michigan.

An active certification covering the petitioning group of workers is already in effect (TA-W-57,399, as amended). Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC this 15th day of September 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-5484 Filed 10-5-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,065] Galileo International Division of Cendant Corporation, Centennial, CO;

Notice of Negative Determination on Reconsideration On August 9, 2005, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The notice was published in the **Federal Register** on August 18, 2005 (70 FR 48604-48605). The petition for the workers of Galileo International, Division of Cendant Corporation, Centennial, Colorado engaged in software development was denied because the petitioning workers did not produce an article within the meaning of section 222 of the Act.

The petitioner contends that the Department erred in its interpretation of work performed at the subject facility as a service and further conveys that software developed by the subject firm was sold to travel agents, travel suppliers and corporation travel offices. The petitioner included the brochures with the description of the software as well as the company Web site which advertises the “articles”, in order to support the allegation that workers of the subject firm produce an article.

A company official was contacted for clarification in regard to the nature of the work performed at the subject facility. The official stated the petitioning group of workers at the subject firm was responsible for software development, in particular design, programming, testing and maintenance/support. The official further clarified that customers can either access and download software via the Internet or purchase CD-ROMs with the desktop software. The official stated that the desktop client software developed at the subject firm is mass produced in a CD form for further distribution to customers.

The sophistication of the work involved is not an issue in ascertaining whether the petitioning workers are eligible for trade adjustment assistance, but rather only whether they produced an article within the meaning of section 222 of the Trade Act of 1974. Technical writing design, programming and testing of the software is not considered production of an article within the meaning of Section 222 of the Trade Act. Petitioning workers do not produce an “article” within the meaning of the Trade Act of 1974.

Information electronic databases, technical documentation and codes, are not tangible commodities, and they are not listed on the Harmonized Tariff Schedule of the United States (HTS), as classified by the United States International Trade Commission (USITC), Office of Tariff Affairs and Trade Agreements, which describes articles imported to the United States. To be listed in the HTS, an article would be subject to a duty on the tariff schedule and have a value that makes it marketable, fungible and interchangeable for commercial purposes.

Although a wide variety of tangible products are described as articles and characterized as dutiable in the HTS, informational products that could historically be sent in letter form and that can currently be electronically transmitted are not listed in the HTS. Such products are not the type of products that customs officials inspect and that the TAA program was generally designed to address. The investigation on reconsideration supported the findings of the primary investigation that the petitioning group of workers does not produce an article.

However, it was revealed that electronic desktop software created by the subject company is recorded on media devices (CD-ROMs) for further mass-production and distribution. Thus, it was determined that the petitioning group of service workers support production of CD-ROMs containing software. The Department conducted an additional investigation to determine whether workers can be considered eligible for TAA as directly-impacted workers in support of production of CD-ROMs containing desktop software.

The group eligibility requirements for directly-impacted (primary) workers under section 222(a) the Trade Act of 1974, as amended, can be satisfied in either of two ways: 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 articles is 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. The investigation of Galileo International, Travel Distribution Services, Centennial, Colorado, revealed that criteria (I.B) and (II.B) were not met. According to the information provided by the company official, sales and production of CD-ROMs containing desktop software did not decline during the relevant time period.

Moreover, the subject firm did not shift production abroad, nor did it increase company imports of CD-ROMs containing desktop software, during the relevant period. The petitioner further alleges that because workers lost their jobs due to a transfer of job functions to India, petitioning workers should be considered import impacted. The company official stated that coding and programming job functions were outsourced to a third party joint venture in India. The official also stated that all design documents and other documentation written in India is returned to the United States through electronic mail or Internet.

Technical writing of informational documentation that is electronically transmitted is not considered production within the context of TAA eligibility requirements, so there are no imports of products in this instance. Further, as the PDF files and technical documentation do not become products until they are recorded on media device, there was no shift in production of an “article” abroad within the meaning of the Trade Act of 1974. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Galileo International, Travel Distribution Services, Centennial, Colorado.

Signed at Washington, DC this 20th day of September, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-5481 Filed 10-5-05; 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 September 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 (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 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 (a)(2)(B)(II.B) (No shift in production to a foreign country) have not been met. *TA-W-57,707; Guardian Manufacturing Co., a subsidiary of J.P. Industries, Willard, OH* *TA-W-57,522; ExxonMobil Chemical Co., Films Div., a division of Exxon Mobil Corporation, Stratford, CT* *TA-W-57,553; Merix Corporation, Forest Grove, OR* *TA-W-57,569; Tescom Corp., Elk River, MN* *TA-W-57,573; Xiotech Corp., Eden Prairie, MN* *TA-W-57,542; Cray, Inc., Manufacturing Div., Chippewa Falls, WI* *TA-W-57,733; HBC Barge, LLC, Brownsville, PA* *TA-W-57,597; T.S. Manufacturing, Inc., a subsidiary of Olson Technology, Inc., Atwater, CA* *TA-W-57,611; Doane Pet Care Company, Inc., Hillburn Plant, Hillburn, NY* *TA-W-57,624; Northwest Manufacturing Corp., Corry, PA* *TA-W-57,638; Tarkett Wood, a div. of Tarkett, Tillar, AR* *TA-W-57,689; Sony Electronics, Inc., Direct View-CRT Division, Mt. Pleasant, PA* *TA-W-57,708; Milwaukee Sign Co., LLC, d/b/a Signstrut, Grafton, WI* *TA-W-57,412; Reptron Electronics, Inc., Hibbing, MN* *TA-W-57,545; Solvay Pharmaceuticals, Inc., Baudette, MN* *TA-W-57,618; Albemarle Knitting Corp., Albemarle, NC* *TA-W-57,619 & A, B, C; National Spinning Co., LLC, a subsidiary of National Spinning Co., Inc., Whiteville, NC, Beulaville, NC, Burlington, NC, Corporate Office, Washington, NC* *TA-W-57,670; Henkel Corp., Henkel Technologies Division, Olean, NY* *TA-W-57,863; Plymouth Printing Co., Inc., Winston-Salem, NC* *TA-W-57,657; Midas International Corp., Muffler Corp. of America Division, Hartford Manufacturing Facility, Hartford, WI* 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-57,721; American Video Glass Co., a div. of Sony Electronics, Inc., Mt. Pleasant, PA* *TA-W-57,712; G&L Motion Control, Inc., a subsidiary of Danaher Corp., Fond du Lac, WI* 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-57,632; Guilford Mills, Inc., Pine Grove, PA* *TA-W-57,855; Tree Top, Inc., Milton-Freewater, OR* *TA-W-57,667; Morrison Products, Inc., Tempe, AZ* *TA-W-57,617; Gemtron Corp., Holland Div., a subsidiary of Schott Corp., Holland, MI* *TA-W-57,847; Nidec America Corp., Norwood, MA* *TA-W-57,641; One World Technologies, Inc., Formerly Ryobi Technologies, Anderson, SC* *TA-W-57,616; Komex International, Inc., d/b/a Bubblegum, USA, Los Angeles, CA* *TA-W-57,603; Cordis Corp., Miami Lakes, FL* *TA-W-57,698; Action Staffing-Seneca Office, Workers at Westpoint Stevens, Currently Known as Westpoint Home, Bed Products Division, Clemson, SC* *TA-W-57,895; JD Fine and Company, Concord, CA* The workers firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. *TA-W-57,785; Greenfield Montague Transit Area, Greenfield, MA* *TA-W-57,784; Greenfield Inn, Greenfield, MA* *TA-W-57,589; Tennessee Warehouse and Distribution, LLC, Morrison, TN* *TA-W-57,758; Optek Technology, Carrollton, TX* *TA-W-57,748; Sportrack Accessories, Port Huron, MI* *TA-W-57,741; Globetrans Network, Inc., Staten Island, NY* *TA-W-57,555; Apotex Corp., Subdivision of Apotex, Inc., Lincolnshire, IL* *TA-W-57,650; Meromex USA, Inc., El Paso, TX* *TA-W-57,781; Nu-Gro Technologies, Inc., Gloversville, NY* *TA-W-57,651; Cerwin Vega, Inc., A Florida Corp., a div. of Stanton Magnetics, Inc., Chatsworth, CA* *TA-W-57,783; Bricker's Restaurant, Greenfield, MA* *TA-W-57,823; Ingram Micro, Inc., Williamsville, NY* *TA-W-57,824; Hapag-Lloyd Container Line, Norfolk, VA* *TA-W-57,677; Brackett Trucking Co., Inc., Bostic, NC* *TA-W-57,841; Panasonic Services Company, Factory ServiCenter, A div. of Panasonic Corp. of North America, Langhorne, PA* *TA-W-57,666 & A; Philips Semiconductors, Longmont Technology Center, Longmont, CO, Specifications Center, San Jose, CA* *TA-W-57,800; Nuvo Network Corp., a subsidiary of Nuvo Network Management, Inc., Pennsauken, NJ* *TA-W-57,811; Telemarketing Concepts, Call Center, Yorktown Heights, NY* The investigation revealed that criteria (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-57,728; J.E. Morgan Knitting Mills (Sara Lee), Tamaqua, PA* *TA-W-57,812; Sanford North America, Point Making Department, Santa Monica, CA* The investigation revealed that criteria

(2)has not been met. The workers firm (or subdivision) is not a supplier or downstream producer to trade-affected companies. *None* 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-57,724; Dan River, Inc., Danville, VA: August 21, 2005.* *TA-W-57,630 & A; Regal Ware, Inc., Kewaskum Manufacturing Plant, Kewaskum, WI and West Bend Manufacturing Plant, West Bend, WI: July 31, 2005.* *TA-W-57,629; Vivitone, Inc., Paterson, NJ: July 27, 2004.* *TA-W-57,859; Beach and Summer Design, Huntington Park, CA: August 26, 2004.* *TA-W-57,859; Industrial Distribution Group, working on-site at Oldham Saw Co., a subsidiary of Black and Decker, West Jefferson, NC: June 27, 2004.* *TA-W-57,765; Metz Tool and Die, Inc., Rockford, IL: August 8, 2004.* *TA-W-57,755; Johnson Textiles, Inc., Southern Phenix Textiles Div., Phenix City, AL: August 9, 2004.* *TA-W-57,749 & A; Slater Screen Print Corp., Pawtucket, RI and Slater Dye Works, Inc., Pawtucket, RI: August 15, 2004.* *TA-W-57,852; Flanders Industries, Inc., Fort Smith, AR: August 26, 2004.* *TA-W-57,821; Union Stamping & Assembly, Inc., d/b/a Mayflower Vehicle Systems, South Charleston, WV: August 17, 2004.* *TA-W-57,792; Kwan's Sewing, Inc., San Francisco, CA: July 25, 2004.* *TA-W-57,762; Crotty Corporation, Celina Division, Celina, TN: August 13, 2004.* *TA-W-57,679; Eastern Tool and Stamping Co., Inc., Saugus, MA: July 25, 2004.* *TA-W-57,659; VF Intimates, LP, a div. of The VF Corp., McAllen, TX: August 1, 2004.* *TA-W-57,653; Northwest Automatic Productions, Inc., Minneapolis, MN: August 1, 2004.* *TA-W-57,614; Engineered Machined Products, Inc., Plant 1 and 2, Manufacturing Div., Escanaba, MI: July 13, 2004.* *TA-W-57,602; Renco Finishing Corporation, Fairlawn, NJ: July 29, 2004.* *TA-W-57,665; American Outpost, LLC, Zelienople, PA: July 25, 2004.* *TA-W-57,816; Nidec America Corp., Manufacturing Div., a subsidiary of Nidec Corp-Japan, including on-site leased workers of Jaci Carroll Staffing and Alternative Employment, Inc., Torrington, CT: August 22, 2004.* *TA-W-57,786; Laufen International, Inc., a subsidiary of Group Roca, Tulsa, OK: July 29, 2004.* *TA-W-57,751; The Pulaski Rubber Co., Pulaski, TN: August 15, 2004.* *TA-W-57,656; Sun's Manufacturing, Inc., Lansford Div., Lansford, PA: July 23, 2004.* *TA-W-57,648; U.S. Textile Corp., Newland, NC: July 22, 2004.* *TA-W-57,636; Delafoil Ohio, Inc., Perrysburg, OH: January 24, 2005.* *TA-W-57,773; OWT Industries, Inc., Outdoor Products Div., including on-site leased workers of Staffmasters, USA, Inc., Pickens, SC: August 17, 2004.* *TA-W-57,686; Raybestos Automotive Components, a subsidiary of Raytech Corporation, Sterling Heights, MI: August 2, 2004.* *TA-W-57,647; PPG Fiber Glass Products, Shelby, NC: July 28, 2004.* *TA-W-57,631 & A; Brodnax Mills, Inc., Brodnax, VA and Sales Office, New York, NY: June 29, 2004.* *TA-W-57,627; Clearwater Loaders, Inc., leased on-site workers at Unifi-Kinston, LLC, formerly d/b/a Invista, S.A.R.L., a subsidiary of Koch Industries, formerly d/b/a Invista, Inc., a subsidiary of E.I. DuPont de Nemours & Company, Inc., Kinston, NC* *TA-W-57,533; Atlas Wire and Cable Corporation, Montebello, CA: July 8, 2004.* *TA-W-57,445; Liz Claiborne, Inc., Ellen Tracy Div., New York, NY: June 21, 2004.* *TA-W-57,690; Keys Health & Fitness, L.P., including on-site leased workers of Advanced Temporaries, Tyler, TX: August 5, 2004.* *TA-W-57,592; Anvil International, Inc., Columbia, PA: July 14, 2004.* *TA-W-57,576; Meke, Inc., New Hollard, PA: July 17, 2004.* *TA-W-57,562; Kraco Enterprises, Inc., Compton, CA: July 11, 2004.* *TA-W-57,561; Concept Fabrics, Inc., Asheboro, NC: July 12, 2004.* *TA-W-57,556; Webb Wheel Products, Inc., Aftermarket Division, Siloam Spring, AR: July 14, 2004.* *TA-W-57,481; Crown City Plating, El Monte, CA: June 15, 2004.* *TA-W-57,546 & A, B; Westpoint Stevens, Inc., Now Known as Westpoint Home, Inc., including on-site leased workers of Pro Resources, Middletown, IN, Anderson, IN and Daleville, IN: July 10, 2004.* *TA-W-57,572; Wagner Castings Co., a/k/a Interment Decatur Foundry, Decatur, IL: July 18, 2004.* *TA-W-57,571; Cap America, Fredericktown, MO: July 12, 2004.* *TA-W-57,563; Addie Fashions, Inc., West Union, SC: July 7, 2004.* *TA-W-57,702; Plastic Dress-Up Co., El Monte, CA: August 9, 2004.* *TA-W-57,643; Madeleine Manufacturing, Inc., Union, SC: March 26, 2004.* *TA-W-57,613; Advantek, Inc., a subsidiary of Siegel-Robert, Inc., Minnetonka, MN: July 22, 2004.* *TA-W-57,547; Archway & Mothers Cookie Co., Red Bud, IL: June 30, 2004.* *TA-W-57,655; Interforest Corp., Darlington Div., Darlington, PA: July 21, 2004.* *TA-W-57,735; Kamashian Engineering, Inc., Metal Stamping and Assembly Department, Bellflower, CA: August 12, 2004.* *TA-W-57,634; General Henry Biscuit, a div. of Archway & Mother's Cookie Co., Duquoin, IL: July 25, 2004.* *TA-W-57,525; Guess?, Inc., Cutting Department, Los Angeles, CA: June 23, 2004.* *TA-W-57,588; Benchmark Electronics, Inc., DATS Div., Loveland, CO: July 19, 2004.* The following certifications have been issued. The requirements of (a)(2)(B) (shift in production) of Section 222 have been met. *TA-W-57,352; Specialty Filaments, Inc., Burlington Div., Burlington, VT: May 23, 2004.* *TA-W-57,726; General Electric, Consumer and Industrial Div., Tell City, IN: August 10, 2004.* *TA-W-57,715; Sanmina-SCI Corp., Enterprise Computing and Storage Div., including leased workers of Aerotek Staffing Services and Remedy Staffing, Fountain, CO: August 9, 2004.* *TA-W-57,692; Chicago Miniature Lighting, IT, Inc., Hackensack, NJ: August 5, 2004.* *TA-W-57,699; Rockwell Collins, Airshow Systems Div., including leased workers of Volt Temporary Agency, Kirkland, WA: August 8, 2004.* *TA-W-57,797; Southwire Company, Electrical Div., Long Beach, CA: August 11, 2004.* *TA-W-57,685; Tiro Industries, LLC, including on-site leased workers of Excel Staffing, Fridley, MN: July 22, 2004.* *TA-W-57,884 & A; General Electric, Components-Specialty Transformer Div., Fort Wayne, IN and Motors and Controls Div., Fort Wayne, IN: September 1, 2004.* *TA-W-57,858 & A; International Legwear Group, Neuville Industries, Inc., including on-site leased workers from Catawba Staffing, Express and Accuforce, Hildebran, NC and including on-site leased workers from Optimum Staffing, Athens, TN: August 25, 2004.* *TA-W-57,818; Trim Masters, Inc., including on-site leased workers of Nesco Resource, Kelly Services and Staffing Alternatives, Harrodsburg, KY: August 10, 2004.* *TA-W-57,772; Bobs Candies, Inc., Div. of Farley's and Sathers Candy Co., Inc., including on-site leased workers of Kelly Services, Albany, GA: August 11, 2004.* *TA-W-57,795; 3M Company, Fairmont, MN: August 18, 2004.* *TA-W-57,678; Super Sack VA, Inc., a subsidiary of B.A.G. Corp., Manufacturing Div., Pennington Gap, VA: August 6, 2005.* *TA-W-57,605; Ludlow Textiles Co., Inc., including on-site leased workers from Magellan, Ludlow, MA: July 21, 2004.* *TA-W-57,731; Teepak Limited Liability Corp., Shirring Department, Danville Plant, Danville, IL: August 10, 2004.* *TA-W-57,640; Molex, Inc., Tool Room/Build Group, Lisle, IL: July 28, 2004.* *TA-W-57,779; Sonoco, Inc., Industrial Products Div., including leased workers of Adecco Staffing, Canandaigua, NY: August 17, 2004.* *TA-W-57,764; Merrimac Paper Co., Lawrence, MA: August 8, 2004.* *TA-W-57,752; Nestle USA, St. Louis, MO: August 12, 2004.* *TA-W-57,717; Hooker Furniture Co., Pleasant Garden Plant, Pleasant Garden, NC: August 8, 2004.* *TA-W-57,729; Teleflex Medical, including leased workers of Adecco, Research Triangle Park, NC: August 12, 2004.* *TA-W-57,705; Components Manufacturing Co., Inc., Air Conditioning Div., a subsidiary of Rheem Manufacturing Co., including on-site leased workers of Kelly Services and Spherion, Trenton, SC: August 1, 2004.* *TA-W-57,664; Emerson Flow Controls, St. Louis, MO: July 9, 2005.* *TA-W-57,606; International Paper, Containerboard Div., Ft. Madison, IA: July 22, 2004.* *TA-W-57,668; Culp, Inc., Artee-Shelby Plant, Shelby, NC: August 2, 2004.* *TA-W-57,448; Mammoth, Inc., Chaska, MN: June 24, 2004.* *TA-W-57,768; Younger Manufacturing Co., Torrance, CA: August 12, 2004.* *TA-W-57,732; Microtek Medical, a subsidiary of Microtek Medical Holdings, Inc., Columbus, MS: August 12, 2004.* *TA-W-57,672; Cambridge-Lee Industries, LLC, Reading Tube Div., including on-site leased workers of Gage Personnel, Contemporary Personnel and Advance Personnel, Reading, PA: August 4, 2004.* *TA-W-57,734; Focus Enhancements, Inc., Campbell, CA: August 5, 2004.* *TA-W-57,551; Creo Americas, Inc., Rosemont, IL: July 15, 2004.* *TA-W-57,777; Gemtron Corporation, a subsidiary of Schott Corporation, Sweetwater, TN: August 16, 2004.* *TA-W-57,714; U.S. Button Corp., a subsidiary of Emsig Manufacturing, Putnam, CT: August 8, 2004.* *TA-W-57,684; Rittal Corporation, a subsidiary of Rittal-Werk, Springfield, OH: July 27, 2004.* The following certification has been issued. The requirement of downstream producer to a trade certified firm has been met. *None* Negative 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. 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 as determined that criterion

(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. *TA-W-53,321; Charter Fabrics, Inc., New York, NY* *TA-W-57,525; Guess?, Inc., Cutting Department, Los Angeles, CA: June 23, 2004.* *TA-W-57,735; Kamashian Engineering, Inc., Metal Stamping and Assembly Department, Bellflower, CA* *TA-W-57,655; Interforest Corp., Darlington Div., Darlington, PA* *TA-W-57,610; Gerdau Ameristeel, Beaumont Mill Div., workers' wages were reported under Cargill, Inc., Beaumont, TX* *TA-W-57,694; Cequent Consumer Products, a Subsidiary of Trimas Corp., Sheffield, PA* *TA-W-57,534; RAM Industries, LLC, Harnessing Department, including on-site leased workers of Gage Personnel Services, Contemporary @ Work Personnel Services, and Manpower Temporary Services, Leesport, PA* *TA-W-57,777; Gemtron Corporation, a subsidiary of Schott Corp., Sweetwater, TN* *TA-W-57,714; U.S. Button Corp., a subsidiary of Emsig Manufacturing, Putnam, CT* *TA-W-57,684; Rittal Corp., a subsidiary of Rittal-Werk, Springfield, OH* *TA-W-57,448; Mammoth, Inc., Chaska, MN* *TA-W-57,768; Younger Manufacturing Co., Torrance, CA* *TA-W-57,672; Cambridge-Lee Industries, LLC, Reading Tube Division, including on-site leased workers of Gage Personnel, Contemporary, Personnel and Advance Personnel, Reading, PA* *TA-W-57,732; Microtek Medical, a subsidiary of Microtek Medical Holdings, Inc., Columbus, MS* The Department as determined that criterion

(1)of Section 246 has not been met. Workers at the firm are 50 years of age or older. *TA-W-57,588; Benchmark Electronics, Inc., DATS Div., Loveland, CO* *TA-W-57,634; General Henry Biscuit, a div. of Archway & Mother's Cookie Co., Duquoin, IL* *TA-W-57,547; Archway & Mothers Cookie Company, Red Bud, IL* Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. *TA-W-57,522; ExxonMobil Chemical Co., Films Div., a div. of Exxon Mobil Corp., Stratford, CT* *TA-W-57,553; Merix Corp., Forest Grove, OR* *TA-W-57,569; Tescom Corp., Elk River, MN* *TA-W-57,573; Xiotech Corp., Eden Prairie, MN* *TA-W-57,542; Cray, Inc., Manufacturing Div., Chippewa Falls, WI* *TA-W-57,733; HBC Barge, LLC, Brownsville, PA* *TA-W-57,597; T.S. Manufacturing, Inc., a subsidiary of Olson Technology, Inc., Atwater, CA* *TA-W-57,611; Doane Pet Care Co., Inc., Hillburn Plant, Hillburn, NY* *TA-W-57,624; Northwest Manufacturing Corp., Corry, PA* *TA-W-57,638; Tarkett Wood, a div. of Tarkett, Tillar, AR* *TA-W-57,689; Sony Electronics, Inc., Direst View-CRT Div., Mt. Pleasant, PA* *TA-W-57,708; Milwaukee Sign Co., LLC, d/b/a Signstrut, Grafton, WI* *TA-W-57,412; Reptron Electronics, Inc., Hibbing MN* *TA-W-57,545; Solvay Pharmaceuticals, Inc., Baudette, MN* *TA-W-57,618; Albemarle Knitting Corp., Albemarle, NC* *TA-W-57,619 & A, B, C; National Spinning Co., LLC, a subsidiary of National Spinning Co., Inc., Whiteville, NC, Beulaville, NC, Burlington, NC and Corporate Office, Washington, NC* *TA-W-57,670; Henkel Corp., Henkel Technologies Div., Olean, NY* *TA-W-57,863; Plymouth Printing Co., Inc., Winston-Salem, NC* *TA-W-57,657; Midas International Corp., Muffler Corporation of America Div., Hartford Manufacturing Facility, Hartford, WI* *TA-W-57,632; Guilford Mills, Inc., Pine Grove, PA* *TA-W-57,712; G&L Motion Control, Inc., a subsidiary of Danaher Corp., Fond du Lac, WI* *TA-W-57,855; TreeTop, Inc., Milton-Freewater, OR* *TA-W-57,667; Morrison Products, Inc., Tempe, AZ* *TA-W-57,617; Gemtron Corp., Holland Div., a subsidiary of Schott Corp., Holland, MI* *TA-W-57,847; Nidec America Corp., Norwood, MA* *TA-W-57,641; One World Technologies, Inc., Formerly Ryobi Technologies, Anderson, SC* *TA-W-57,616; Komex International, Inc., d/b/a Bubblegum, USA, Los Angeles, CA* *TA-W-57,698; Action Staffing-Seneca Office, Workers at Westpoint Stevens, Currently Known as Westpoint Home, Bed Products Div., Clemson, SC* *TA-W-57,603; Cordis Corp., Miami Lakes, FL* *TA-W-57,741; Globetrans Network, Inc., Staten Island, NY* *TA-W-57,555; Apotex Corp., subdivision of Apotex, Inc., Lincolnshire, IL* *TA-W-57,650; Meromex USA, Inc., El Paso, TX* *TA-W-57,781; Nu-Gro Technologies, Inc., Gloversville, NY* *TA-W-57,651; Cerwin Vega, Inc. a Florida Corp., a div. of Stanton Magnetics, Inc., Chatsworth, CA* *TA-W-57,783; Bricker's Restaurant, Greenfield, MA* *TA-W-57,823; Ingram Micro, Inc., Williamsville, NY* *TA-W-57,677; Brackett Trucking Co., Inc., Bostic, NC* *TA-W-57,841; Panasonic Services Co., Factory ServiCenter, a div. of Panasonic Corp., of North America, Langhorne, PA* *TA-W-57,666 & A; Philips Semiconductors, Longmont Technology Center, Longmont, CO and Specifications Center,* *TA-W-57,800; Nuvo Network Corporation, a subsidiary of Nuvo Network Management, Inc., Pennsauken, NJ* *TA-W-57,811; Telemarketing Concepts, Call Center, Yorktown Heights, NY* *TA-W-57,728; J.E. Morgan Knitting Mills (Sara Lee), Tamaqua, PA* *TA-W-57,812; Sanford North America, Point Making Department, Santa Monica, CA* The Department has determined that criterion

(3)of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. *TA-W-57,551; Creo Americas, Inc., Rosemont, IL* *TA-W-57,734; Focus Enhancements, Inc., Campbell, CA* Affirmative Determinations for Alternative Trade Ajdustment Assistance 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. 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-57,724; Dan River, Inc., Danville, VA: August 21, 2005.* *TA-W-57,630 & A; Regal Ware, Inc., Kewaskum Manufacturing Plant, Kewaskum, WI and West Bend Manufacturing Plant, West Bend, WI: July 31, 2005.* *TA-W-57,629; Vivitone, Inc., Paterson, NJ: July 27, 2004.* *TA-W-57,859; Beach and Summer Design, Huntington Park, CA: August 26, 2004.* *TA-W-57,859; Industrial Distribution Group, working on-site at Oldham Saw Co., a subsidiary of Black and Decker, West Jefferson, NC: June 27, 2004.* *TA-W-57,765; Metz Tool and Die, Inc., Rockford, IL: August 8, 2004.* *TA-W-57,755; Johnson Textiles, Inc., Southern Phenix Textiles Div., Phenix City, AL: August 9, 2004.* *TA-W-57,749 & A; Slater Screen Print Corp., Pawtucket, RI and Slater Dye Works, Inc., Pawtucket, RI: August 15, 2004.* *TA-W-57,852; Flanders Industries, Inc., Fort Smith, AR: August 26, 2004.* *TA-W-57,821; Union Stamping & Assembly, Inc., d/b/a Mayflower Vehicle Systems, South Charleston, WV: August 17, 2004.* *TA-W-57,792; Kwan's Sewing, Inc., San Francisco, CA: July 25, 2004.* *TA-W-57,762; Crotty Corporation, Celina Division, Celina, TN: August 13, 2004.* *TA-W-57,679; Eastern Tool and Stamping Co., Inc., Saugus, MA: July 25, 2004.* *TA-W-57,659; VF Intimates, LP, a div. of The VF Corp., McAllen, TX: August 1, 2004.* *TA-W-57,653; Northwest Automatic Productions, Inc., Minneapolis, MN: August 1, 2004.* *TA-W-57,614; Engineered Machined Products, Inc., Plant 1 and 2, Manufacturing Div., Escanaba, MI: July 13, 2004.* *TA-W-57,602; Renco Finishing Corporation, Fairlawn, NJ: July 29, 2004.* *TA-W-57,665; American Outpost, LLC, Zelienople, PA: July 25, 2004.* *TA-W-57,816; Nidec America Corp., Manufacturing Div., a subsidiary of Nidec Corp-Japan, including on-site leased workers of Jaci Carroll Staffing and Alternative Employment, Inc., Torrington, CT: August 22, 2004.* *TA-W-57,786; Laufen International, Inc., a subsidiary of Group Roca, Tulsa, OK: July 29, 2004.* *TA-W-57,751; The Pulaski Rubber Co., Pulaski, TN: August 15, 2004.* *TA-W-57,656; Sun's Manufacturing, Inc., Lansford Div., Lansford, PA: July 23, 2004.* *TA-W-57,648; U.S. Textile Corp., Newland, NC: July 22, 2004.* *TA-W-57,636; Delafoil Ohio, Inc., Perrysburg, OH: January 24, 2005.* *TA-W-57,773; OWT Industries, Inc., Outdoor Products Div., including on-site leased workers of Staffmasters, USA, Inc., Pickens, SC: August 17, 2004.* *TA-W-57,686; Raybestos Automotive Components, a subsidiary of Raytech Corporation, Sterling Heights, MI: August 2, 2004.* *TA-W-57,647; PPG Fiber Glass Products, Shelby, NC: July 28, 2004.* *TA-W-57,631 & A; Brodnax Mills, Inc., Brodnax, VA and Sales Office, New York, NY: June 29, 2004.* *TA-W-57,627; Clearwater Loaders, Inc., leased on-site workers at Unifi-Kinston, LLC, formerly d/b/a Invista, S.A.R.L., a subsidiary of Koch Industries, formerly d/b/a Invista, Inc., a subsidiary of E.I. DuPont de Nemours & Company, Inc., Kinston, NC* *TA-W-57,533; Atlas Wire and Cable Corporation, Montebello, CA: July 8, 2004.* *TA-W-57,445; Liz Claiborne, Inc., Ellen Tracy Div., New York, NY: June 21, 2004.* *TA-W-57,690; Keys Health & Fitness, L.P., including on-site leased workers of Advanced Temporaries, Tyler, TX: August 5, 2004.* *TA-W-57,592; Anvil International, Inc., Columbia, PA: July 14, 2004.* *TA-W-57,576; Meke, Inc., New Hollard, PA: July 17, 2004.* *TA-W-57,562; Kraco Enterprises, Inc., Compton, CA: July 11, 2004.* *TA-W-57,561; Concept Fabrics, Inc., Asheboro, NC: July 12, 2004.* *TA-W-57,556; Webb Wheel Products, Inc., Aftermarket Division, Siloam Spring, AR: July 14, 2004.* *TA-W-57,481; Crown City Plating, El Monte, CA: June 15, 2004.* *TA-W-57,546 & A, B; Westpoint Stevens, Inc., Now Known as Westpoint Home, Inc., including on-site leased workers of Pro Resources, Middletown, IN, Anderson, IN and Daleville, IN: July 10, 2004.* *TA-W-57,572; Wagner Castings Co., a/k/a Interment Decatur Foundry, Decatur, IL: July 18, 2004.* *TA-W-57,571; Cap America, Fredericktown, MO: July 12, 2004.* *TA-W-57,563; Addie Fashions, Inc., West Union, SC: July 7, 2004.* *TA-W-57,702; Plastic Dress-Up Co., El Monte, CA: August 9, 2004.* *TA-W-57,643; Madeleine Manufacturing, Inc., Union, SC: March 26, 2004.* *TA-W-57,613; Advantek, Inc., a subsidiary of Siegel-Robert, Inc., Minnetonka, MN: July 22, 2004.* *TA-W-57,352; Specialty Filaments, Inc., Burlington Div., Burlington, VT: May 23, 2004.* *TA-W-57,726; General Electric, Consumer and Industrial Div., Tell City, IN: August 10, 2004.* *TA-W-57,715; Sanmina-SCI Corp., Enterprise Computing and Storage Div., including leased workers of Aerotek Staffing Services and Remedy Staffing, Fountain, CO: August 9, 2004.* *TA-W-57,692; Chicago Miniature Lighting, IT, Inc., Hackensack, NJ: August 5, 2004.* *TA-W-57,699; Rockwell Collins, Airshow Systems Div., including leased workers of Volt Temporary Agency, Kirkland, WA: August 8, 2004.* *TA-W-57,797; Southwire Company, Electrical Div., Long Beach, CA: August 11, 2004.* *TA-W-57,685; Tiro Industries, LLC, including on-site leased workers of Excel Staffing, Fridley, MN: July 22, 2004.* *TA-W-57,884 & A; General Electric, Components-Specialty Transformer Div., Fort Wayne, IN and Motors and Controls Div., Fort Wayne, IN: September 1, 2004.* *TA-W-57,858 & A; International Legwear Group, Neuville Industries, Inc., including on-site leased workers from Catawba Staffing, Express and Accuforce, Hildebran, NC and including on-site leased workers from Optimum Staffing, Athens, TN: August 25, 2004.* *TA-W-57,818; Trim Masters, Inc., including on-site leased workers of Nesco Resource, Kelly Services and Staffing Alternatives, Harrodsburg, KY: August 10, 2004.* *TA-W-57,772; Bobs Candies, Inc., Div. of Farley's and Sathers Candy Co., Inc., including on-site leased workers of Kelly Services, Albany, GA: August 11, 2004.* *TA-W-57,795; 3M Company, Fairmont, MN: August 18, 2004.* *TA-W-57,678; Super Sack VA, Inc., a subsidiary of B.A.G. Corp., Manufacturing Div., Pennington Gap, VA: August 6, 2005.* *TA-W-57,605; Ludlow Textiles Co., Inc., including on-site leased workers from Magellan, Ludlow, MA: July 21, 2004.* *TA-W-57,731; Teepak Limited Liability Corp., Shirring Department, Danville Plant, Danville, IL: August 10, 2004.* *TA-W-57,640; Molex, Inc., Tool Room/Build Group, Lisle, IL: July 28, 2004.* *TA-W-57,779; Sonoco, Inc., Industrial Products Div., including leased workers of Adecco Staffing, Canandaigua, NY: August 17, 2004.* *TA-W-57,764; Merrimac Paper Co., Lawrence, MA: August 8, 2004.* *TA-W-57,752; Nestle USA, St. Louis, MO: August 12, 2004.* *TA-W-57,717; Hooker Furniture Co., Pleasant Garden Plant, Pleasant Garden, NC: August 8, 2004.* *TA-W-57,729; Teleflex Medical, including leased workers of Adecco, Research Triangle Park, NC: August 12, 2004.* *TA-W-57,705; Components Manufacturing Co., Inc., Air Conditioning Div., a subsidiary of Rheem Manufacturing Co., including on-site leased workers of Kelly Services and Spherion, Trenton, SC: August 1, 2004.* *TA-W-57,664; Emerson Flow Controls, St. Louis, MO: July 9, 2005.* *TA-W-57,606; International Paper, Containerboard Div., Ft. Madison, IA: July 22, 2004.* *TA-W-57,668; Culp, Inc., Artee-Shelby Plant, Shelby, NC: August 2, 2004.* I hereby certify that the aforementioned determinations were issued during the month of September 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: Date: September 27, 2005. Timothy Sullivan, Director, Division of Trade Adjustment Assistance. [FR Doc. E5-5478 Filed 10-5-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-56,696 and TA-W-56,696A] Hewlett-Packard Company Imaging & Printing Group—Technology Platforms Division Including On-Site Leased Workers of Chimes, Inc., Corvallis, OR; Including an Employee of Hewlett-Packard Company Imaging & Printing Group—Technology Platforms Division Corvallis, OR Located in Chino, CA; Amended Notice of Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974, (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on April 7, 2005, applicable to workers of Hewlett-Packard Company, Imaging & Printed Group—Technology Platforms Division, including on-site leased workers of Chimes, Inc., Corvallis, Oregon. The notice was published in the **Federal Register** on May 16, 2005 (70 FR 25862). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. New information shows that a worker separation occurred involving an employee of the Corvallis, Oregon facility of the Imaging & Printing Group—Technology Platforms Division of Hewlett-Packard Company located in Chino, California. Ms. Sheri Milne provided various support services for the production of inkjet cartridges for small desktop printers at the Corvallis, Oregon location of the subject firm. Based on these findings, the Department is amending this certification to include an employee of the Corvallis, Oregon facility of the Imaging & Printing Group—Technology Platforms Division of Hewlett-Packard Company located in Chimes, California. The intent of the Department's certification is to include all workers of Hewlett-Packard Company, Imaging & Printing Group—Technology Platforms Division, Corvallis, Oregon, who were adversely affected by a shift in production to Singapore. The amended notice applicable to TA-W-56,696 is hereby issued as follows: All workers of Hewlett-Packard Company, Imaging & Printing Group—Technology Platforms Division, including on-site leased workers of Chimes, Inc., Corvallis, Oregon (TA-W-56,696), including an employee of Hewlett-Packard Company, Imaging & Printing Group—Technology Platforms Division, Corvallis, Oregon located in Chino, California (TA-W-56,696A), who became totally or partially separated from employment on or after March 7, 2004, through April 7, 2007, 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, as amended. Signed at Washington, DC, this 26th day of September 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-5477 Filed 10-5-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment And Training Administration [TA-W-57,491] Iberia Sugar Cooperative, Inc., New Iberia, LA; Notice of Revised Determination on Reconsideration By letter dated September 21, 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 August 8, 2005 was based on the finding that imports of raw cane sugar and blackstrap molasses did not contribute importantly to worker separations at the subject plant and no shift of production to a foreign source occurred. The denial notice was published in the **Federal Register** on September 8, 2005 (70 FR 53389). To support the request for reconsideration, the company official supplied additional information. Upon further review and contact with the subject firm's major declining customers, it was revealed that the customers increased their reliance on imported raw cane sugar and blackstrap molasses 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 Iberia Sugar Cooperative, Inc., New Iberia, Louisiana, 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 Iberia Sugar Cooperative, Inc., New Iberia, Louisiana who became totally or partially separated from employment on or after June 20, 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 26th day of September 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-5489 Filed 10-5-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,907] JBL Resources; Rockford, MI; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on September 9, 2005 in response to a worker petition filed by a company official on behalf of workers at JBL Resources, Rockford, Michigan. An active certification covering the petitioning group of workers is already in effect (TA-W-57,399, as amended). Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC this 15th day of September 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-5483 Filed 10-5-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under title II, chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than October 17, 2005. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than October 17, 2005. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC this 27th day of September 2005. Timothy Sullivan, Director, Division of Trade Adjustment Assistance. Appendix [58 TAA petitions instituted between 9/12/05 and 9/16/05] TA-W Subject firm (petitioners) Location Date of institution Date of petition 57921 Mohawk Rug and Textiles (State) Bentonville, AR 09/12/05 09/09/05 57922 Concentra Network Services

(Comp)Franklin, TN 09/12/05 09/01/05 57923 Boise Cascade

(WRIW)Independence, OR 09/12/05 09/06/05 57924 Rutherford Chemical, Ltd.

(Wkrs)Harriman, NY 09/12/05 09/09/05 57925 Sligh Furniture Co.

(Comp)Holland, MI 09/12/05 09/07/05 57926 Avery Dennison Corporation

(Comp)Statesville, NC 09/12/05 09/09/05 57927 Hamtech

(Comp)Big Rapids, MI 09/12/05 09/09/05 57928 Wabash Alloys

(Wkrs)Wabash, IN 09/12/05 09/09/05 57929 Sappi Fine Paper, N.A.

(PACE)Muskegon, MI 09/12/05 09/09/05 57930 Cabinet Ind., Inc.

(Wkrs)Danville, PA 09/12/05 09/08/05 57931 Geo Specialty Chemicals (State) Gibbstown, NJ 09/12/05 09/02/05 57932 Sterling Trimmings Co. (State) Jersey City, NJ 09/12/05 09/12/05 57933 Solectron

(Comp)West Palm Beach, FL 09/12/05 09/02/05 57934 Arkay Plastics Illinois, Inc.

(Comp)Paris, IL 09/12/05 08/25/05 57935 Jeff Hamilton Collections (State) Los Angeles, CA 09/12/05 09/01/05 57936 North American Container Corp.

(Comp)Lawrenceburg, TN 09/12/05 09/01/05 57937 Continental Bag Company (State) Crowley, LA 09/12/05 08/25/05 57938 OAG Worldwide

(Wkrs)Downers Grove, IL 09/12/05 08/31/05 57939 CMOR Manufacturing, Inc. (State) Rocklin, CA 09/12/05 08/26/05 57940 Ruder Systems, Inc.

(Wkrs)Webster, NY 09/12/05 08/19/05 57941 Ward Product, LLC

(IBEW)Amsterdam, NY 09/13/05 09/06/05 57942 Ethan Allen Operations, Inc.

(Comp)Dublin, VA 09/13/05 09/09/05 57943 Henredon Furniture Industries, Inc.

(Wkrs)Morganton, NC 09/13/05 09/13/05 57944 National Tool and Manufacturing (State) Kenilworth, NJ 09/13/05 09/12/05 57945 PolyVision Corporation

(GPC)Clymer, PA 09/13/05 09/08/05 57946 Acme Gear Co., Inc. (State) Englewood, NJ 09/13/05 09/13/05 57947 Laminating Specialties, Inc.

(Wkrs)Warren, RI 09/13/05 08/26/05 57948 Amkor Technology (State) Chandler, AZ 09/14/05 09/12/05 57949 C and W Hosiery (State) Ft. Payne, AL 09/14/05 09/12/05 57950 Eastman Wind, Inc.

(Wkrs)Elkhart, IN 09/14/05 09/12/05 57951 Laymon Hughes Hos., LLC

(Comp)Ft. Payne, AL 09/14/05 09/12/05 57952 Paramount Cards, Inc.

(Comp)Pawtucket, RI 09/14/05 09/13/05 57953 Ocean Breeze (State) Vernon, CA 09/14/05 09/13/05 57954 Wausau Paper

(Comp)Brokaw, WI 09/14/05 09/14/05 57955 FCI USA, Inc.

(Comp)Mt. Union, PA 09/14/05 09/14/05 57956 Modern Vending and Catering

(Wkrs)Jamestown, KY 09/14/05 08/31/05 57957 Dana Corporation

(UAW)Muskegon Heights, MI 09/14/05 09/12/05 57958 Sanmina-SCI

(Wkrs)Bothell, WA 09/15/05 09/12/05 57959 Hewlett-Packard

(Comp)Boise, ID 09/15/05 09/15/05 57960 Solectron Corp. (State) Lumberton, NJ 09/15/05 09/14/05 57961 Holyoke Card Co.

(Wkrs)Springfield, MA 09/15/05 09/14/05 57962 Steelcase, Inc.

(Comp)Grand Rapids, MI 09/15/05 09/13/05 57963 Coopervision (State) Huntington Beach, CA 09/15/05 09/14/05 57964 Corlett-Turner Company

(Comp)Zeeland, MI 09/15/05 09/02/05 57965 Volex, Inc.

(Comp)Conover, NC 09/15/05 09/15/05 57966 IBCC Industries (State) Rockford, MN 09/15/05 09/15/05 57967 LXD, Inc.

(IBT)Cleveland, OH 09/15/05 09/08/05 57968 IBM

(Wkrs)Maumee, OH 09/15/05 09/08/05 57969 Holm Industries, Inc.

(Comp)Scottsburg, IN 09/15/05 08/31/05 57970 Kellwood New England

(Comp)Brockton, MA 09/15/05 09/08/05 57971 Sapko International, Inc.

(Wkrs)Tompkinsville, KY 09/15/05 08/30/05 57972 ATT Telemarketing Dist. Services (State) Marietta, GA 09/15/05 09/06/05 57973 Tower Automotive

(UAW)Kendallville, IN 09/15/05 09/06/05 57974 Baltrans Global Logistics, LTD.

(Wkrs)Ft. Collins, CO 09/16/05 08/30/05 57975 TRW Automotive

(Wkrs)Fremont, OH 09/16/05 09/15/05 57976 Honeywell International, Inc.

(Comp)Lynn Haven, FL 09/16/05 09/13/05 57977 Carolina Mills, Inc.

(Comp)Maiden, NC 09/16/05 09/15/05 57978 B.A.G. Corp. (State) Savoy, TX 09/16/05 09/15/05 [FR Doc. E5-5480 Filed 10-5-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than October 17, 2005. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than October 17, 2005. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC this 20th day of September 2005. Timothy Sullivan, Director, Division of Trade Adjustment Assistance. Appendix [Petitions instituted between 09/06/2005 and 09/09/2005] Date of TA-W petition Subject firm (petitioners) Location Date of institution 57,888, 08/25/2005 Pentair Pump

(UAW)Ashland, OH 09/06/2005 57,889, 09/06/2005 Telex Communications (State) Blue Earth, MN 09/06/2005 57,890, 09/01/2005 Pilowtex Corporation

(Comp)Kannapolis, NC 09/06/2005 57,891, 08/26/2005 Teradyne, Inc.

(Comp)San Jose, CA 09/06/2005 57,892, 08/23/2005 Cardinal Health (State) El Paso, TX 09/07/2005 57,893, 08/31/2005 Century Technology, Inc.

(Comp)So. San Francis, CA 09/07/2005 57,894, 08/31/2005 New Fortune

(Comp)Oakland, CA 09/07/2005 57,895, 08/31/2005 JD Fine and Company

(NPC)Concord, CA 09/07/2005 57,896, 09/02/2005 Cranford Woodcarving, Inc.

(Wkrs)Hickory, NC 09/07/2005 57,897, 08/31/2005 Nypro Carolina

(Comp)Graham, NC 09/07/2005 57,898, 09/06/2005 BESI, Inc.

(Comp)Vevay, IN 09/07/2005 57,899, 09/07/2005 Janef, Inc.

(Comp)Old Forge, PA 09/07/2005 57,900, 09/07/2005 Tree Island Wire USA

(UE)Walnut, CA 09/08/2005 57,901, 09/08/2005 Barbett Business (State) Irvine, CA 09/08/2005 57,902, 09/07/2005 Xantrex Technology, Inc.

(Wkrs)Arlington, WA 09/08/2005 57,903, 08/25/2005 Hewlett Packard (State) San Diego, CA 09/08/2005 57,904, 09/07/2005 Luhr Jensen and Sons, Inc.

(Comp)Hood River, OR 09/08/2005 57,905, 08/26/2005 Compass Group

(Wkrs)Morrison, TN 09/08/2005 57,906, 08/29/2005 Flexsteel

(Wkrs)Dubuque, IA 09/08/2005 57,907, 09/08/2005 JBL Resources

(Comp)Rockford, MI 09/09/2005 57,908, 09/08/2005 Casair, Inc.

(Comp)Stanton, MI 09/09/2005 57,909, 09/08/2005 K Force, Inc.

(Comp)Grand Rapids, MI 09/09/2005 57,910, 09/08/2005 Manpower

(Comp)Greenville, MI 09/09/2005 57,911, 09/08/2005 Select Resources

(Comp)Grandville, MI 09/09/2005 57,912, 09/08/2005 Securitas Services

(Comp)Grand Rapids, MI 09/09/2005 57,913, 09/08/2005 Canteen Services

(Comp)Belmont, MI 09/09/2005 57,914, 09/07/2005 Honeywell

(Wkrs)Columbia, SC 09/09/2005 57,915, 08/29/2005 ICU Medical

(Wkrs)Vernon, CT 09/09/2005 57,916, 09/08/2005 GTP Greenville, Inc.

(Comp)Greenville, SC 09/09/2005 57,917, 09/08/2005 Ultra Clean Technology (State) Menlo Park, CA 09/09/2005 57,918, 09/07/2005 Williams Wood Carving, Inc.

(Comp)Hickory, NC 09/09/2005 57,919, 09/08/2005 Sterling Printing, Inc.

(Wkrs)Thomasville, NC 09/09/2005 57,920, 09/18/2005 PMI, Phoenix Metallurgical, Inc.

(Comp)Hopedale, MA 09/09/2005 [FR Doc. E5-5479 Filed 10-5-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,430] Springs Industries, Inc.; Creative Products Group, Rock Hill, SC; Notice of Revised Determination on Reconsideration By letter dated August 31, 2005, a company official requested administrative reconsideration of the Department's negative determination for Trade Adjustment Assistance

(TAA)and Alternative Trade Adjustment Assistance

(ATAA)for workers of the subject facility. Workers produce finished fabrics packaged for home sewing craft stores and are not separately identifiable by product line. The petition is dated June 21, 2005. The negative determination was based on the finding of no separations, actual or threatened, during the relevant period. The denial was issued on August 1, 2005 and published in the **Federal Register** on August 26, 2005 (70 FR 50411). The investigation revealed that the subject facility's employment levels during January through May 2005 increased from January through May 2004 levels, that the subject company's overall sales and production levels increased during January through May 2005 from January through May 2004 levels, and that the subject company's imports of finished fabrics packaged for home sewing craft stores increased during January through May 2005 from January through May 2004 levels. During the reconsideration investigation, the company official provided corrected information to reflect decreased employment and production levels during the relevant period and increased import levels of finished fabrics packaged for home sewing craft stores during the relevant time period. The initial investigation also revealed that all criteria for alternative trade adjustment assistance have been met. A significant number or proportion of the worker group are age fifty years or over and workers 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 finished fabrics packaged for home sewing craft stores contributed importantly to worker separations at the subject firm. In accordance with the provisions of the Act, I make the following certification: • “All workers of Spring Industries, Inc., Creative Products Group, Rock Hill, South Carolina, who became totally or partially separated from employment on or after June 21, 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 also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed in Washington, DC this 27th day of September 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-5482 Filed 10-5-05; 8:45 am BILLING CODE 4510-30-P DEPARTMENT OF LABOR Mine Safety and Health Administration Summary of Decisions Granting in Whole or in Part Petitions for Modification AGENCY: Mine Safety and Health Administration (MSHA), Labor. ACTION: Notice of affirmative decisions issued by the Administrators for Coal Mine Safety and Health and Metal and Nonmetal Mine Safety and Health on petitions for modification of the application of mandatory safety standards. SUMMARY: Under section 101 of the Federal Mine Safety and Health Act of 1977, the Secretary of Labor (Secretary) may allow the modification of the application of a mandatory safety standard to a mine if the Secretary determines either that an alternate method exists at a specific mine that will guarantee no less protection for the miners affected than that provided by the standard, or that the application of the standard at a specific mine will result in a diminution of safety to the affected miners. Final decisions on these petitions are based on the petitioner's statements, comments and information submitted by interested persons, and a field investigation of the conditions at the mine. As designee of the Secretary, we have granted or partially granted the requests for modification listed below. In some instances, the decisions are conditioned upon compliance with stipulations stated in the decision. The term FR Notice appears in the list of affirmative decisions below. The term refers to the **Federal Register** volume and page where we published a notice of the filing of the petition for modification. FOR FURTHER INFORMATION CONTACT: Petitions and copies of the final decisions are available for examination by the public in the Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209. For further information contact Barbara Barron at 202-693-9447. Dated at Arlington, Virginia, this 30th day of September 2005. Rebecca J. Smith, Acting Director, Office of Standards, Regulations, and Variances. Affirmative Decisions on Petitions for Modification *Docket No.:* M-2004-045-C. *FR Notice:* 69 FR 64110. *Petitioner:* Consolidation Coal Company. *Regulation Affected:* 30 CFR 75.364(b). *Summary of Findings:* Petitioner's proposal is to establish checkpoint numbers B-CK-10, B-CK-11, B-CK-12, and B-CK-13 to measure the quantity and quality of air in certain areas of the return aircourse due to deteriorating roof conditions. The petitioner proposes to maintain the checkpoints in a safe condition at all times; have a certified person test for methane and the quantity and quality of air at each checkpoint on a weekly basis; and place his/her initials and date in a record book kept on the surface of the mine and on a date board at the checkpoint sites. This is considered an acceptable alternative method for the Blacksville No. 2 Mine. The petition for modification is granted for the examination of approximately 1,200 feet of unsafe-to-travel return aircourse, from the regulator inby the 1 1/2 East Seals over the overcasts of Wana Mains to Wana Air Shaft for the Blacksville No. 2 Mine with conditions. *Docket No.:* M-2004-052-C. *FR Notice:* 69 FR 78047. *Petitioner:* Cumberland Coal Resources, LP. *Regulation Affected:* 30 CFR 75.364(b)(1). *Summary of Findings:* Petitioner's proposal is to establish air monitoring stations at a sump in an intake airway in lieu of traveling the entry in its entirety because of a water collection sump that was constructed in the intake aircourse and is approximately 15 to 20 feet deep and 600 feet in length, known as the No. 7 Main Sump, located between crosscuts 46 and 51 in the No. 5 entry of the East Mains. The air course is isolated by stoppings and is subject to weekly examinations under 30 CFR 75.364(b)(1), and the roof and ribs in the sump area have been supported with supplemental support. The petitioner proposes to establish evaluation points at the 47 and 51 crosscuts. This is considered an acceptable alternative method for the Cumberland Mine. The petition for modification is granted for evaluation of the intake aircourse segment (approximately 600 feet) known as the No. 7 Main Sump Area for the Cumberland Mine with conditions. *Docket No.:* M-2005-001-C. *FR Notice:* 70 FR 3566. *Petitioner:* Consol Pennsylvania Coal Company. *Regulation Affected:* 30 CFR 75.364(b)(2). *Summary of Findings:* Petitioner's proposal is to establish monitoring stations MS #1, MS #2, and MS #3 in the affected area of the aircourse and have a certain person examine the stations on a weekly basis to determine the quantity and quality of air entering and exiting the stations. The petitioner proposes to measure the air quality using an MSHA approved hand-held methane and oxygen meter, and the examiner will record their initials, the date, and time of examinations on a date board maintained at each monitoring station and in a book kept on the surface. This is considered an acceptable alternative method for the Enlow Fork Mine. The petition for modification is granted for the examination of approximately 1,200 feet of unsafe-to-travel return aircourse from the 1 West No. 1 Seal to two crosscuts inby the Portal Shaft bottom for the Enlow Fork Mine with conditions. *Docket No.:* M-2005-020-C. *FR Notice:* 70 FR 19506. *Petitioner:* Chestnut Coal Company. *Regulation Affected:* 75.311(b)(2). *Summary of Findings:* Petitioner's proposal is that electrical circuits entering the underground mine remain energized to the mine's de-watering pumps while the mine ventilation fan is intentionally stopped during idle shifts while no miners are underground. The petitioner alleges that anthracite mines are small, employing five or fewer miners, with very low production; that there is little or no methane liberation; and that due to the steep pitch of the coal seam, natural ventilation occurs through cracks and breaches to the surface, which would dissipate any methane. The petitioner further alleges that continuous operation of the main fan would result in a hazardous condition during colder months due to water freezing in the intake haulage slope, creating ice accumulations that must be manually removed. By allowing the fan to be intentionally stopped, the natural air current will be warmed and prevent freezing. The mine's pumping system typically consists of a submersible pump located below the water level in the intake haulage slope sump and a centrifugal pump located in the intake haulage slope above the active gangway level. The pumps are started and shut off by a set of electrode switches located in the sump that detects the water level. This is considered an acceptable alternative method for the No. 10 Slope Mine. The petition for modification is granted to permit the electrical circuits entering the underground mine to remain energized to the mine's de-watering pumps while the mine ventilation fan is intentionally stopped during idle shifts when no miners are underground for the No. 10 Slope Mine with conditions. *Docket No.:* M-2005-021-C. *FR Notice:* 70 FR 19506. *Petitioner:* Six M Coal Company. *Regulation Affected:* 75.335(a)(1). *Summary of Findings:* Petitioner's proposal is to construct seals from wooden materials of moderate size and weight that would be designed to withstand a static horizontal pressure in the range of 10 psi, and install a sampling tube only in the monkey (higher elevation) seal. The petitioner asserts that because of the pitch of anthracite veins, concrete blocks are difficult to use and expose miners to safety hazards during transport. The petitioner cites the low level of explosibility of anthracite coal dust and the minimal potential for either an accumulation of methane in previously mined pitching veins or an ignition source in the gob area as justification for the proposed design criterion. This is considered an acceptable alternative method for the No. 1 Slope Mine. The petition for modification is granted for seals installed in the No. 1 Slope Mine with conditions. *Docket No.:* M-2005-022-C. *FR Notice:* 70 FR 19506. *Petitioner:* Consolidation Coal Company. *Regulation Affected:* 30 CFR 75.503 [18.35 of Part 18]. *Summary of Findings:* Petitioner's proposal is to use trailing cables with a maximum length 1,000 feet for supplying power to permissible equipment used in the continuous mining section of the Blacksville No. 2 Mine. This is considered an acceptable alternative method for the Blacksville No. 2 Mine. The petition for modification is granted for the trailing cables supplying three-phase, 995-volt power to continuous mining machines and trailing cables supplying three-phase, 575-volt power to loading machines, shuttle cars, roof bolters, section ventilation fans, and de-gas drills for the Blacksville No. 2 Mine with conditions. *Docket No.:* M-2005-029-C. *FR Notice:* 70 FR 22376. *Petitioner:* Parkwood Resources, Inc. *Regulation Affected:* 30 CFR 75.1100-2(e)(2). *Summary of Findings:* Petitioner's proposal is to use two

(2)fire extinguishers or one fire extinguisher of twice the required capacity at all temporary electrical installations in lieu of using one fire extinguisher and 240 pounds of rock dust. This is considered an acceptable alternative method for the Cherry Tree Mine. The petition for modification is granted for temporary electrical installations, provided the Petitioner maintains two portable fire extinguishers having at least the minimum capacity specified for a portable fire extinguisher in 30 CFR 75.1100-1(e) at each of the temporary electrical installations at the Cherry Tree Mine with conditions. *Docket No.:* M-2005-036-C. *FR Notice:* 70 CFR 32379. *Petitioner:* Hopkins County Coal, LLC. *Regulation Affected:* 30 CFR 75.1101-1(b). *Summary of Findings:* Petitioner's proposal is to use an alternative method of compliance in lieu of providing blow-off dust covers for deluge-type water spray nozzles. The petitioner proposes to have a certified person trained in specific testing procedures to the deluge-type water pray fire suppression systems at each belt drive conduct a visual examination of each deluge-type water spray fire-suppression system; conduct a functional test of the deluge-type water spray fire suppression systems to check for proper performance, and record the results of the examination in a book that will be kept on the surface and made available to the authorized representative of the Secretary. This is considered an acceptable alternative method for the Elk Creek Mine. The petition for modification is granted for the deluge-type water spray systems installed for nozzles in the Elk Creek Mine with conditions. *Docket No.:* M-2005-037-C. *FR Notice:* 70 FR 32379. *Petitioner:* Bridger Coal Company. *Regulation Affected:* 30 CFR 75.1101-8. *Summary of Findings:* Petitioner's proposal is to use a water sprinkler system that will consist of a single overhead pipe system with automatic sprinklers located no more than 10 feet apart so that the water discharged from the sprinklers will cover 50 feet of fire-resistant belt, or 150 feet of nonfire-resistant belt, adjacent to the belt drive. The petitioner proposes to have the sprinkler located not more than 10 feet apart so that the water discharged from the sprinkler(s) will cover the drive motor(s), belt take-up, electrical controls, and gear reducing unit for each belt drive, and the sprinkler system will use either pendant or upright type sprinkler heads. This is considered an acceptable alternative method for the Bridger Underground Mine. The petition for modification is granted for the Bridger Underground Mine with conditions. *Docket No.:* M-2005-038-C. *FR Notice:* 70 FR 32379. *Petitioner:* Alfred Brown Coal Company. *Regulation Affected:* 30 CFR 75.1100-2(a)(2). *Summary of Findings:* Petitioner's proposal is to use two

(2)portable fire extinguishers near the slope bottom and an additional portable fire extinguisher within 500 feet of the working face for equivalent fire protection at the 7 Ft. Slope Mine. This is considered an acceptable alternative method for the 7 Ft. Slope Mine. The petition for modification is granted for firefighting equipment in the working section for the 7 Ft. Slope Mine with conditions. [FR Doc. 05-20081 Filed 10-5-05; 8:45 am]

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Determinations by Secretary of Labor
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26 USC 2813
70 CFR 32379

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cites case law

Notices

Notice of affirmative decisions issued by the Administrators for Coal Mine Safety and Health and Metal and Nonmetal Mine Safety and Health on petitions for modification of the application of mandatory safety standards

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