Notices. Notice

4,262 words·~19 min read·/register/2005/10/13/05-20512·

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BILLING CODE 4510-28-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,603] Cordis Corporation, Miami Lakes, FL; Notice of Revised Determination on Reconsideration By letter dated September 28, 2005, the subject company requested administrative reconsideration regarding the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm. Workers produce medical devices used for surgical procedures.

A negative determination regarding the subject facility was signed on August 25, 2005. The Department's notice will soon be published in the **Federal Register** . The negative determination was based on the findings that there was neither a significant decline in employment at the subject facility nor a threat of employment decline at the subject facility since the previous certification for the subject company (TA-W-52,275) expired on August 7, 2005. During the reconsideration investigation, the Department was informed by the subject company that a significant proportion of workers have been/will be separated from the subject due to an ongoing shift of medical device production to Mexico.

In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department herein presents the results of its investigation regarding certification of eligibility to apply for Alternative Trade Adjustment Assistance

(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 23, 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 23, 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 6th day of October 2005. Terrance Clark, Director, Division of Trade Adjustment Assistance. Appendix [TAA petitions instituted between 9/19/05 and 9/23/05] TA-W Subject firm (petitioners) Location Date of institution Date of petition 57979 Eaton Corp.

(Wkrs)Marshall, MI 09/19/05 09/16/05 57980 Collins Supply and Equipment Co., Inc.

(Comp)Scranton, PA 09/19/05 09/15/05 57981 Arvin Merritor, Inc.

(Comp)Chickasha, OK 09/19/05 09/16/05 57982 Powder Processing and Technology, LLC

(Comp)Valparaiso, IN 09/19/05 09/16/05 57983 SKF Sealing Solutions

(Comp)Springfield, SD 09/20/05 09/16/05 57984 Sipex Corporation

(Comp)Milpitas, CA 09/20/05 09/19/05 57985 Carroll Leather

(Comp)El Paso, TX 09/20/05 09/19/05 57986 Bravo Sports (State) Cypress, CA 09/20/05 09/19/05 57987 Sun Chemical

(Wkrs)Cincinnati, OH 09/20/05 09/12/05 57988 Express Point Tech (State) Golden Valley, MN 09/20/05 09/19/05 57989 Wasley Products, Inc.

(Comp)Plainville, CT 09/20/05 09/16/05 57990 Sun Look Garment, Inc.

(Wkrs)San Francisco, CA 09/21/05 09/20/05 57991 Med-Data

(Wkrs)Salem, OR 09/21/05 09/12/05 57992 Radicispandex

(Wkrs)Gastonia, NC 09/21/05 09/19/05 57993 Solectron

(Comp)Hillsboro, OR 09/21/05 09/19/05 57994 Johnnie Overstreet

(Comp)Marrero, LA 09/21/05 09/16/05 57995 Hostman-Steinberg

(Comp)Pittsburgh, PA 09/21/05 09/19/05 57996 Beverage-Air

(Comp)Spartanburg, SC 09/21/05 09/20/05 57997 Unifi, Inc.

(Comp)Mayodan, NC 09/21/05 09/15/05 57998 Allied Industries Co.

(Comp)Beulaville, NC 09/21/05 09/12/05 57999 Culp, Inc.

(Wkrs)Graham, NC 09/21/05 09/15/05 58000 Drexel Heritage Furniture

(Wkrs)Morganton, NC 09/21/05 09/14/05 58001 Lea Industries

(Comp)Morristown, TN 09/22/05 09/16/05 58002 Mid Continent Nail (State) Springdale, AR 09/22/05 09/21/05 58003 Alyeska Pipeline Service Company

(Comp)Anchorage, AK 09/22/05 09/20/05 58004 Pebb Mfg. Co., Inc.

(Wkrs)Mifflintown, PA 09/22/05 09/15/05 58005 Fairfield Textile Corp. (State) Paterson, NJ 09/22/05 09/21/05 58006 Baldwin Hardware

(Wkrs)Reading, PA 09/22/05 09/09/05 58007 West Coast Quartz (State) Union City, CA 09/22/05 09/14/05 58008 Inman Mills

(Wkrs)Enoree, SC 09/22/05 09/21/05 58009 Schuessler Knitting Mills, Inc.

(Comp)Chicago, IL 09/22/05 09/01/05 58010 Holland American Wafer Co.

(Wkrs)Grand Rapids, MI 09/23/05 09/22/05 58011 Cherry Corporation

(Wkrs)Pleasant Prairie, WI 09/23/05 09/22/05 58012 Grover Industries, Inc.

(Comp)Grover, NC 09/23/05 09/22/05 58012A Grover Industries, Inc.

(Comp)Lynn, NC 09/23/05 09/22/05 58013 Spectrum Yarns, Inc.

(Comp)Kings Mountain, NC 09/23/05 09/19/05 58014 Kern Manufacturing

(Wkrs)Enfield, IL 09/23/05 09/22/05 58015 Techneglas, Inc.

(Comp)Pittston, PA 09/23/05 09/23/05 58016 Child Craft Industries, Inc.

(Comp)New Salisbury, IN 09/23/05 09/12/05 58017 GE Financial Assurance

(Wkrs)Schaumburg, IL 09/23/05 09/19/05 58018 Miralba, Inc.

(Comp)New York City, NY 09/23/05 09/13/05 58019 Aradian Corporation

(Comp)San Diego, CA 09/23/05 09/09/05 58020 Southwest Cupid

(Comp)Blackwell, OK 09/23/05 09/01/05 58021 Victaulic Apex Facility

(Wkrs)New Village, NJ 09/23/05 09/16/05 [FR Doc. E5-5616 Filed 10-12-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,707] Guardian Manufacturing Company, a Subsidiary of J.P. Industries, Willard, OH; Notice of Revised Determination on Reconsideration By letter dated September 23, 2005, a worker requested administrative reconsideration regarding the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm. A negative determination regarding the subject facility was signed on September 6, 2005. The Department's notice will soon be published in the **Federal Register** . The negative determination was based on the findings that, during the relevant period, there were no imports of butyl rubber gloves by the subject company or its customers and no shift of production to a foreign country. The determination also stated that the subject company did not lose a contract to a Canadian company and that the gloves made by the subject company are not like or directly competitive with the gloves made by the Canadian company who won the contract. To support the request for reconsideration, the petitioner supplied additional information regarding the federal contract won by the Canadian company. During the reconsideration investigation, the Department contacted the federal contracting entity and the subject company. The contracting entity and a subject company official stated that the subject company had placed a bid for the contract but lost to a Canadian company. The subject company official also stated that butyl rubber gloves of the same thickness perform the same function regardless of the production process. Conclusion After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with the butyl rubber gloves produced at the subject firm, 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 Guardian Manufacturing Company, A Subsidiary of J.P. Industries, Willard, Ohio who became totally or partially separated from employment on or after July 28, 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. Signed in Washington, DC this 4th day of October 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-5611 Filed 10-12-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [Ta-W-57,909] K Force Incorporated; Grand Rapids, 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 K Force Incorporated, Grand Rapids, 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. E5-5613 Filed 10-12-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,910] Manpower; Greenville, 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 Manpower, Greenville, 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. E5-5614 Filed 10-12-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,575] Milford Stitching Company, Inc., a Division of GLK, Inc., Milford, DE; Notice of Revised Determination on Reconsideration By letter dated September 13, 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 18, 2005 was based on the finding that imports of tablecloths, napkins, bedspreads and fabric shower curtains 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 customer, it was revealed that the customer increased its reliance on imported fabric shower curtains 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 of 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 Milford Stitching Company, Inc., a division of GLK, Inc., Milford, Delaware, 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 Milford Stitching Company, Inc., a division of GLK, Inc., Milford, Delaware who became totally or partially separated from employment on or after July 18, 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 30th day of September 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-5608 Filed 10-12-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,600] Philips Consumer Electronics, Philips Service Organization, Service Contracts, Claims, Credit and Special Projects Departments, Knoxville, TN; Dismissal of Application for Reconsideration Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at Philips Consumer Electronics, Philips Service Organization, Service Contracts, Claims, Credit and Special Projects Departments, Knoxville, Tennessee. The application contained no new substantial information which would bear importantly on the Department's determination. Therefore, dismissal of the application was issued. TA-W-57,600; Philips Consumer Electronics Philips Service Organization, Service Contracts, Claims, Credit, and Special Projects Departments, Knoxville, Tennessee (October 5, 2005) Signed at Washington, DC this 6th day of October 2005. Terrance Clark, Acting Director, Division of Trade Adjustment Assistance. [FR Doc. E5-5610 Filed 10-12-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,812] Sanford North America; Point Making Department Santa Monica, CA; Dismissal of Application for Reconsideration Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at Sanford North America, Point Making Department, Santa Monica, California. The application contained no new substantial information which would bear importantly on the Department's determination. Therefore, dismissal of the application was issued. TA-W-57,812; Sanford North America, Point Making Department, Santa Monica, California (September 26, 2005). Signed at Washington, DC this 6th day of October 2005. Terrance Clark, Acting Director, Division of Trade Adjustment Assistance. [FR Doc. E5-5612 Filed 10-12-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,912] Securitas Services; Grand Rapids, 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 Securitas Services, Grand Rapids, 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. E5-5615 Filed 10-12-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,911] Select Resources; Grandville, 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 Select Resources, Grandville, 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. E5-5617 Filed 10-12-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Mine Safety and Health Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations; Part 46—Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand, Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration

(MSHA)is soliciting comments concerning the proposed extension of the information collection related to the 30 CFR 46.3, 46.5, 46.6, 46.7, 46.8, 46.9, and 46.11; Training Plans, New Miner Training; Newly-Hired Experienced Miner Training; New Task Training; Annual Refresher Training; Records of Training; and Site-Specific Hazard Awareness Training. DATES: Submit comments on or before December 12, 2005. ADDRESSES: Send comments to U.S. Department of Labor, Mine Safety and Health Administration, John Rowlett, Director, Management Services Division, 1100 Wilson Boulevard, Room 2134, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on a computer disk, or via e-mail to *Rowlett.John@dol.gov,* along with an original printed copy. Mr. Rowlett can be reached at

(202)693-9827 (voice), or

(202)693-9801 (facsimile). FOR FURTHER INFORMATION CONTACT: The employee listed in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: I. Background Paragraph

(a)of § 46.3 requires mine operators to develop and implement a written training plan approved by MSHA that contains effective programs for training new miners and experienced miners, training miners for new tasks, annual refresher training, and hazard training. Paragraph

(b)requires the following information, at a minimum, to be included in a training plan:

(1)The company name, mine name, and MSHA mine identification number;

(2)The name and position of the person designated by the operator who is responsible for the health and safety training at the mine. This person may be the operator;

(3)A general description of the teaching methods and the course materials that are to be used in providing the training, including the subject areas to be covered and the approximate time to be spent on each subject area;

(4)A list of the persons who will provide the training, and the subject areas in which each person is competent to instruct; and

(5)The evaluation procedures used to determine the effectiveness of training. Paragraph

(c)requires a plan that does not include the minimum information specified in paragraph

(b)to be approved by MSHA. For each size category, the Agency estimates that 20 percent of mine operators will choose to write a plan and send it to MSHA for approval. Paragraph

(d)requires mine operators to provide miners' representatives with a copy of the training plan. At mines where no miners' representative has been designated, a copy of the plan must be posted at the mine or a copy must be provided to each miner. Paragraph

(e)provides that within 2 weeks following receipt or posting of the training plan, miners or their representatives may submit written comments on the plan to mine operators, or to the Regional Manager, as appropriate. The burden hours and costs of this provision are not borne by mine operators, but by miners and their representatives. Paragraph

(g)requires that the miners' representative with a copy of the approved plan within one week after approval. At mines where no miners' representative has been designated, a copy of the plan must be posted at the mine or a copy must be provided to each miner. Paragraph

(h)allows mine operators, miners, and miners' representatives to appeal a decision of the Regional Manager in writing to the Director for Education Policy and Development. The Director would issue a decision on the appeal within 30 days after receipt of the appeal. Paragraph

(i)requires mine operators to make available at the mine site a copy of the current training plan for inspection by MSHA and for examination by miners and their representatives. If the training plan is not maintained at the mine site, mine operators must have the capability to provide the plan upon request by MSHA, miners, or their representatives. Paragraph

(a)of § 46.5 requires mine operators to provide each new miner with no less than 24 hours of training. Miners who have not received the full 24 hours of new miner training must work where an experienced miner can observe that the new miner is working in a safe manner. Paragraph

(a)of § 46.6 requires mine operators to provide each newly hired experienced miner with certain training before the miner begins work. Paragraph

(a)of § 46.7 requires, before a miner performs a task for which he or she has no experience, that the mine operator train the miner in the safety and health aspects and safe work procedures specific to that task. If changes have occurred in a miner's regularly assigned task, the mine operator must provide the miner with training that addresses the changes. Paragraph

(a)of § 46.8 requires, at least every 12 months, that the mine operator provide each miner with no less than 8 hours of refresher training. Paragraph

(a)of § 46.9 requires the mine operators upon completion of each training program, to record and certify on MSHA Form 5000-23, or on a form that contains the required information, that the miner has completed the training. False certification that training was completed is punishable under § 110(a) and

(f)of the Act. Paragraph

(a)of § 46.11 requires the mine operator to provide site-specific hazard training to non-miners, including the following persons: scientific workers; delivery workers and customers; occasional, short-term maintenance or service workers, or manufacturers' representatives; and outside vendors, visitors, office or staff personnel who do not work at the mine site on a continuing basis. II. Desired Focus of Comments Currently, the Mine Safety and Health Administration

(MSHA)is soliciting comments concerning the proposed extension of the information collection requirement related to the Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand, Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines. MSHA is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submissions of responses. A copy of the proposed information collection request can be obtained by contacting the employee listed in the For Further Information Contact section of this notice, or viewed on the Internet by accessing the MSHA home page ( *http://www.msha.gov* ) and then choosing “Rules and Regs” and “ **Federal Register** Documents.” III. Current Actions USGS data show that domestic production of sand and gravel and crushed stone increased every year between 1991 and 1999, an indication of the continuing strong demand for construction aggregates in the United Sates. The number of hours worked at sand and gravel and crushed stone operations has been increasing steadily since 1991. MSHA's objective in these requirements is to ensure that all miners receive the required training, which would result in a decrease in accidents, injuries, and fatalities. Therefore, MSHA is continuing this requirement under 30 CFR 46.3, .5, .6, .7, .8, .9, and .11. *Type of Review:* Extension. *Agency:* Mine Safety and Health Administration. *OMB Number:* 1219-0131. *Title:* Part 46—Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand, Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines. *Affected Public:* Business or other for-profit. *Cite/Reference:* 30 CFR 46.3, .5, .6, .7, .8, .9, .11. *Total Respondents:* 5,477. *Frequency:* On occasion. *Total Responses:* 1,035,636. *Estimated Total Burden Hours:* 296,038 hours. *Estimated Total Burden Cost:* $488,995. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated in Arlington, Virginia, this fifth day of October 2005. David L. Meyer, Director, Office of Administration and Management. [FR Doc. 05-20512 Filed 10-12-05; 8:45 am]

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