Notices. Notice, requests for comments

6,115 words·~28 min read·/register/2006/04/04/06-3210·

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

BILLING CODE 4410-30-M DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request March 29, 2006. The Department of Labor

(DOL)has submitted the following public information collection request

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13,44 U.S.C. Chapter 35). A copy of this ICR, with supporting documentation, may be obtained by calling the Department of Labor. To obtain documentation contact Ira Mills on 202-693-4122 (this is not a toll-free number) or E-Mail: *Mills.Ira@dol.gov* or by accessing this link: *http://www.doleta.gov/OMBControlNumber.cfm.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for ETA, Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll free number), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Employment and Training Administration (ETA). *Type of Review:* New Collection. *Title:* Alternative Trade Adjustment Assistance Activities Report (ATAAAR). *OMB Number:* 1205-0NEW. *Frequency:* Quarterly. *Affected Public:* State, Local, or Tribal Government. *Type of Response:* Recordkeeping and Reporting. *Number of Respondents:* 50. *Annual Responses:* 200. *Average Response time:* 50 minutes. *Total Annual Burden Hours:* 166. *Total Annualized Capital/Startup Costs:* $120,250. *Total Annual Costs (operating/maintaining systems or purchasing services):* $120,250. *Description:* The Division of Trade Adjustment Assistance

(DTAA)needs key workload data on ATAA to measure program activities and to allocate program and administrative funds to the State Agencies administering the Trade programs for the Secretary. States will provide this information on the ATAAAR. Ira L. Mills, Departmental Clearance Officer/Team Leader. [FR Doc. E6-4835 Filed 4-3-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request March 29, 2006. The Department of Labor

(DOL)has submitted the following public information collection request

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by contacting Darrin King on 202-693-4129 (this is not a toll-free number) or e-mail: *king.darrin@dol.gov* . Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Employee Benefits Security Administration (EBSA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll-free number), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension of currently approved collection. *Title:* Definition of Plan Assets—Participant Contributions. *OMB Number:* 1210-0100. *Frequency:* On occasion. *Type of Response:* Reporting and Third party disclosure. *Affected Public:* Business or other for-profit and Not-for-profit institutions. *Number of Respondents:* 1. *Number of Annual Responses:* 251. *Estimated Time Per Respondent:* Ranges from 1 hour clerical time to prepare a notice for the Secretary of Labor to 4 hours of an attorney's time prepare the notice to plan participants and the certification for the Secretary of Labor. *Total Burden Hours:* 1. *Total Annualized capital/startup costs:* $0. Total Annual Costs (operating/maintaining systems or purchasing services): $1,007. *Description:* The Department of Labor's (the Department's) regulation at 29 CFR 2510.3-102 states that monies that a participant pays to, or has withheld by, an employer for contribution to an employee benefit plan become “plan assets” for purposes of Title I of Employee Retirement Income Security Act (ERISA) and the related prohibited transaction provisions of the Internal Revenue Code as of the earliest date on which such monies can be reasonably segregated from the employer's general assets. With respect to employee pension benefit plans, the regulation further sets a maximum time limit for such contributions: the 15th business day following the end of the month in which the participant contribution amounts are received or withheld by the employer. Under ERISA, “plan assets” cannot be held by the employer as part of its general assets, but must be contributed to the employee benefit plan to which they belong and, with few exceptions, held in trust. The regulation includes a procedure through which an employer receiving or withholding participant contributions for an employee pension benefit plan may obtain a 10-business-day extension of the 15-day maximum time period if certain requirements, including information collection requirements, are met. The regulation requires, among other things, that the employer provide written notice to plan participants, within 5 business days after the end of the extension period and the employer's transfer of the contributions to the plan, that the employer elected to take the extension for that month. The notice must explain why the employer could not transfer the participant contributions within the maximum time period, state that the participant contributions in question have in fact been transmitted to the plan, and provide the date on which this was done. The employer must also provide a copy of the participant notice to the Secretary, along with a certification that the notice was distributed to participants and that the other requirements under the extension procedure were met, within 5 business days after the end of the extension period. The information collections imposed under the regulation include third-party disclosures and disclosures to the government. The information collection is intended to protect participants by ensuring that they and the Department are aware of an employer's failure to meet the regulatory time limits for transferring participant contributions to the employee pension benefit plan they are intended to fund. The Department and the affected participants can then take appropriate action to protect the plan assets. Requiring employers to make the disclosures also ensures that they follow the protective requirements that are part of the extension procedure. Ira L Mills, Departmental Clearance Officer. [FR Doc. E6-4852 Filed 4-3-06; 8:45 am] BILLING CODE 4510-29-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 March 2006. 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 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 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. 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. 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). Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued; the date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of (a)(2)(A) (increased imports) of Section 222, and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-58,713; A.T. Cross Company, Lincoln, RI: December 25, 2005* *TA-W-58,731; Hospital Specialty Company, Div. of the Tranzonic Companies, Tempe, AZ: January 25, 2005* *TA-W-58,721; Federal Mogul, Boyertown, PA: January 25, 2005* *TA-W-58,736; Honeywell Chemicals, Claymont, DE: January 24, 2005* *TA-W-58,799; Commonwealth Aluminum Concast, Inc., Carson Plant, Prime Personnel, Human Personnel, Voit, Long Beach, CA: February 3, 2005* *TA-W-58,668; Lear Corporation, Design Group within the LearTech Group, Southfield, MI: January 18, 2005* *TA-W-58,668A; Lear Corporation, Design Group within the LearTech Group, Troy, MI: January 18, 2005* *TA-W-58,668B; Lear Corporation, Design Group within the LearTech Group, Dearborn, MI: January 18, 2005* *TA-W-58,668C; Lear Corporation, Design Group within the LearTech Group, Rochester Hills, MI: January 18, 2005* *TA-W-58,837; ATEK Manufacturing, Command Labor & Doherty Staffing, Brainerd, MN: February 13, 2005* *TA-W-58,732; Jesco Athletic Company, James E. Short Div., Williamsport, PA: January 26, 2005* The following certifications have been issued. The requirements of (a)(2)(B) (shift in production) of Section 222, and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-58,763; Spartech Polycom, Donora Plant #2,Washington, PA: January 31, 2005* *TA-W-58,794; Kyocera Wireless Corp., Boulder, CO: February 6, 2005* *TA-W-58,860; St. John Companies, Inc. (The), Volt Temporaries and Apple One, Valencia, CA: February 15, 2005* *TA-W-58,889; Visteon Climate Control Systems, Independent Aftermarket Div., West Seneca, NY: February 17, 2005* *TA-W-58,853; Pressed Steel Tank Co., Inc., Milwaukee, WI: February 15, 2005* The following certification has been issued. The requirement of supplier to a trade certified firm, and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-58,699; Winzen Film, Inc., Super Sack Bag, Inc., Manufacturing Div. Qualified, Sulphur Springs, TX: January 13, 2005* *TA-W-58,717; GKN Sinter Metals, Industrial Products Group Division, Owosso, MI: January 16, 2005* *TA-W-58,886; Hampson Corporation, MK Staffing, North Ridgeville, OH: February 14, 2005* The following certification has been issued. The requirement of downstream producer to a trade certified firm and Section 246(a)(3)(A)(ii), and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *None* 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 criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A) (no employment decline) has not been met. *None* The investigation revealed that criteria (a)(2)(A)(I.B.)(Sales or production, or both, did not decline) and

(B)(II.B) (shift in production to a foreign country) have not been met. *TA-W-58,716; IBM Corp., Workers at Dana Corp., Danville, KY.* *TA-W-58,770; Thomasville Furniture Ind., Plant #5, Conover, NC.* 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-58,820; Flexible Flyer Acquisition Wheel Goods Corp., West Point, MS.* 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. *None* The workers firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. *TA-W-58,839; Dan River, Inc., Calhoun Falls, SC.* *TA-W-58,857; Core Source, Brooklyn Park, MN.* *TA-W-58,903; Bunker Hill Commercial Warehouse, Paterson, NJ.* *TA-W-58,904; Block Corporation, Amory, MS.* *TA-W-58,904A; Block Corp., Block Sportswear Division, Amory, MS.* *TA-W-58,904B; Block Corp., American Trouser Division, Columbus, MS.* 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. *TA-W-58,772; PGP Corporation, Voss Lantz Division, Detroit, MI.* 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. Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. *TA-W-58,855; Crown, Cork, and Seal USA, Inc, Crown Holdings, Inc., Abilene, TX.* *TA-W-58,716; IBM Corp., Workers at Dana Corp., Danville, KY.* *TA-W-58,770; Thomasville Furniture Ind., Plant #5, Conover, NC.* *TA-W-58,820; Flexible Flyer Acquisition Wheel Goods Corp., West Point, MS.* *TA-W-58,839; Dan River, Inc., Calhoun Falls, SC.* *TA-W-58,857; Core Source, Brooklyn Park, MN.* *TA-W-58,903; Bunker Hill Commercial Warehouse, Paterson, NJ.* *TA-W-58,904; Block Corporation, Amory, MS.* *TA-W-58,904A; Block Corp., Block Sportswear Division, Amory, MS.* *TA-W-58,904B; Block Corp., American Trouser Division, Columbus, MS.* *TA-W-58,772; PGP Corporation, Voss Lantz Division, Detroit, MI.* 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. *None* 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-58,763; Spartech Polycom, Donora Plant #2, Washington, PA* The Department as determined that criterion

(3)of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. *None* I hereby certify that the aforementioned determinations were issued during the month of March 2006. 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: March 23, 2006. Richard Church, Acting Director, Division of Trade Adjustment Assistance. [FR Doc. E6-4858 Filed 4-3-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-56,674] CTS Corporation, CTS Communications Components, Inc., Including On-Site Leased Workers of Excel and Spherion; Albuquerque, New Mexico; Notice of Revised Determination on Remand In an Order issued on February 7, 2006, the United States Court of International Trade (USCIT) granted the motion filed by the Department of Labor (Department) for voluntary remand in *Former Employees of CTS Communication Components, Inc.* v. *United States Secretary of Labor* , Court No. 05-00372. On April 15, 2005, the Department issued a negative determination regarding workers eligibility to apply for Trade Adjustment Assistance

(TAA)and Alternative Trade Adjustment Assistance

(ATAA)for workers and former workers of CTS Corporation, CTS Communications Components, Inc., Including On-Site Leased Workers of Excel and Spherion, Albuquerque, New Mexico, (CTS). Workers produce ceramic blocks/filters and sensors and are not separately identifiable by product line. The Department's Notice of determination was published in the **Federal Register** on May 16, 2005 (70 FR 25859). The determination was based on the findings that the subject company neither imported ceramic blocks/filters or sensors in 2003, 2004, or during the period of January through February 2005, nor shifted production of ceramic blocks/filters or sensors abroad during the relevant period, and that the subject company's major declining customers did not increase imports of ceramic blocks/filters or sensors during the relevant period. On June 7, 2005, the Department dismissed a request for administrative reconsideration based upon a lack of substantial new information. In the request for reconsideration, the petitioner alleged that production shifted to China and that the customer are unknowingly importing ceramic blocks/filters and/or sensors from China. The dismissal stated that while production did shift to China, as alleged, neither the subject company nor its customers had increased imports of ceramic blocks/filters or sensors. The Department's Notice of Dismissal of Application for Reconsideration was issued on June 8, 2005 and published in the **Federal Register** on June 20, 2005 (70 FR 35455). By letter dated May 7, 2005, the Plaintiffs applied to the USCIT for judicial review. On February 7, 2006, the USCIT granted the Department's request for voluntary remand and directed the Department to conduct further investigation regarding the workers' eligibility to apply for TAA and ATAA. During the remand investigation, the Department contacted the subject company to ascertain what products were produced at the subject facility during the relevant period and whether the subject company or its customers had imported those articles during the relevant period. A careful review of the newly-obtained information has revealed that the subject company had produced ceramic filters and ceramic sensors during 2003, 2004, and 2005 and that the workers were not separately identifiable by product line. The new information also revealed that some production of ceramic sensors shifted to China and that finished ceramic sensors manufactured in China were shipped to customers in the United States. Additional investigation has determined that the workers possess skills that are not easily transferable. A significant number or proportion of the worker group are age fifty years or over. Competitive conditions within the industry are adverse. Conclusion After careful review of the facts generated through the remand investigation, I determine that increased imports of ceramic sensors like or directly competitive with those produced by the subject firm contributed importantly to the total or partial separation of a significant number of workers at the subject facility. In accordance with the provisions of the Act, I make the following certification: “All workers of CTS Corporation, CTS Communications Components, Inc., Including On-Site Leased Workers of Excel and Spherion, Albuquerque, New Mexico, who became totally or partially separated from employment on or after February 28, 2004, through two years from the issuance of this revised determination, are eligible to apply for Trade 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 at Washington, DC, this 22nd day of March 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4847 Filed 4-3-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,288; TA-W-58,288A] Eastalco Aluminum Company, a Subsidiary of Alcoa; Frederick, Maryland; Eastalco Aluminum Company, a Subsidiary of Alcoa, Pier Facility; Baltimore, Maryland; Notice of Revised Determination of Alternative Trade Adjustment Assistance on Reconsideration By letter dated March 20, 2006, representatives of the United Workers, Local 7886, and the company officials requested administrative reconsideration regarding Alternative Trade Adjustment Assistance (ATAA). The certification for Trade Adjustment Assistance

(TAA)was signed on February 2, 2006. The Notice of determination was published in the **Federal Register** on February 22, 2006 (71 FR 9160). The initial investigation determined that subject worker group possess skills that are easily transferable. New information provided by the company officials show that the workers possess skills that are not easily transferable. At least five percent of the workforce at the subject from is at least fifty years of age. Competitive conditions within the industry are adverse. Conclusion After careful review of the additional facts obtained on reconsideration, I conclude that the requirements of Section 246 of the Trade Act of 1974, as amended, have been met for workers at the subject firm. In accordance with the provisions of the Act, I make the following certification: All workers of Eastalco Aluminum Company, A Subsidiary of Alcoa, Frederick, Maryland (TA-W-58,288) and Eastalco Aluminum Company, A Subsidiary of Alcoa, Pier Facility, Baltimore, Maryland (TA-W-58,288A) who became totally or partially separated from employment on or after November 7, 2004 through February 2, 2008, 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 23rd day of March 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4855 Filed 4-3-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,691A] Falcon Products, Inc., Currently Known as Commercial Furniture Group, Inc.; Shelby Williams Industries, Wood Frame Upholstered Furniture Division, Morristown, TN; Amended 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 of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on September 26, 2005, applicable to workers of Falcon Products, Inc., Shelby Williams Industries, Wood Frame Upholstered Furniture Division, Morristown, Tennessee. The notice was published in the **Federal Register** on October 31, 2005 (70 FR 62347). At the request of the company, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of wood frame upholstered furniture. The subject firm originally named Falcon Products, Inc. was renamed Commercial Furniture Group, Inc. in November 2005. The company reports that some workers wages at the subject firm are being reported under the Unemployment Insurance

(UI)tax account for Commercial Furniture Group, Inc., Morristown, Tennessee. Accordingly, the Department is amending the certification to properly reflect this matter. The intent of the Department's certification is to include all workers of Falcon Products, Inc., Shelby Williams, Wood Frame Upholstered Furniture Division who were adversely affected by increased imports. The amended notice applicable to TA-W-57,691A is hereby issued as follows: All workers of Falcon Products, Inc., currently known as Commercial Furniture Group, Inc., Shelby Williams Industries, Wood Frame Upholstered Furniture Division, Morristown, Tennessee, who became totally or partially separated from employment on or after August 8, 2004, through September 26, 2007, 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 at Washington, DC, this 21st day of March 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4850 Filed 4-3-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,691] Falcon Products, Inc., Currently Known as Commercial Furniture Group, Inc.; Shelby Williams Industries, Metal Chair Division, Including On-Site Leased Workers of Staff Mark, Morristown, Tennessee; Amended 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 of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on September 26, 2005, applicable to workers of Falcon Products, Inc., Shelby Williams Industries, Metal Chair Division, including on-site leased workers of Staff Mark, Morristown, Tennessee. The notice was published in the **Federal Register** on October 31, 2005 (70 FR 62346). At the request of the company, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of metal chairs. The subject firm was renamed Commercial Furniture Group, Inc. in November 2005. The company reports that some workers wages at the subject firm are being reported under the Unemployment Insurance

(UI)tax account for Commercial Furniture Group, Inc., Morristown, Tennessee. Accordingly, the Department is amending the certification to properly reflect this matter. The intent of the Department's certification is to include all workers of Falcon Products, Inc., Shelby Williams, Metal Chair Division who were adversely affected by a shift in production to China. The amended notice applicable to TA-W-57,691 is hereby issued as follows: All workers of Falcon Products, Inc., currently known as Commercial Furniture Group, Inc., Shelby Williams Industries, Metal Chair Division, Morristown, Tennessee, including on-site leased workers of Staff Mark, who became totally or partially separated from employment on or after August 8, 2004, through September 26, 2007, 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 at Washington, DC, this 21st day of March 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4854 Filed 4-3-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,911] International Business Machines Corporation (IBM); San Jose, CA; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 27, 2006, in response to a worker petition filed by the state workforce office on behalf of a worker at IBM, San Jose, California. The Department has determined the worker on whose behalf the petition was filed was not an employee of IBM, San Jose, California. Consequently, further investigation would serve no purpose and the investigation has been terminated. Signed at Washington, DC, this 17th day of March 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4856 Filed 4-3-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,035] Newstech PA, LP; Northampton, Pennsylvania; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 15, 2006 in response to a petition filed by a company official on behalf of workers of Newstech PA, LP, Northampton, Pennsylvania. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 17th day of March 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4857 Filed 4-3-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [ETA Handbook No. 391] Proposed Collection; Unemployment Compensation for Federal Employees

(UCFE)Program Forms Comment Request ACTION: Notice, requests for comments. 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)(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 Employment and Training Administration, Office of Workforce Security is soliciting comments concerning the proposed extension of the collection for the ETA Handbook No. 391. A copy of the proposed information collection request

(ICR)can be obtained by contacting the office listed below in the addresses section of this notice or by accessing: *http://www.doleta.gov/Performance/guidance/OMBControlNumber.cfm.* DATES: Written comments must be submitted to the office listed in the addresses section below on or before June 5, 2006. ADDRESSES: Quinn Watt, U.S. Department of Labor, Employment and Training Administration, Room S-4231, 200 Constitution Avenue, NW., Washington, DC 20210, Phone:

(202)693-3483 (This is not a toll-free number), Fax:

(202)693-3975, e-mail: *Watt.Quinn@dol.gov.* SUPPLEMENTARY INFORMATION: I. Background Chapter 5 U.S.C. 8506 states that “Each agency of the United States and each wholly or partially owned instrumentality of the United States shall make available to State agencies which have agreements, or the Secretary of Labor, as the case may be, such information concerning the Federal service and Federal wages of a Federal employee as the Secretary considers practicable and necessary for the determination of the entitlement of the Federal employee to compensation under this subchapter.” The information shall include the findings of the employing agency concerning—

(1)Whether or not the Federal employee has performed Federal service;

(2)The periods of Federal Service;

(3)The amount of Federal wages; and

(4)The reason(s) for termination of Federal service. The law (5 U.S.C. 8501, *et seq.* ) requires State Workforce Agencies

(SWAs)to administer the UCFE (Unemployment Compensation for Federal Employees) program in accordance with the same terms and provisions of the paying state's unemployment insurance law which apply to unemployed claimants who worked in the private sector. SWAs must be able to obtain certain information (wage, separation data) about each claimant filing claims for UCFE benefits to enable them to determine his/her eligibility for benefits. The Department of Labor has prescribed forms to enable SWAs to obtain this necessary information from the individual's Federal employing agency. Each of these forms is essential to the UCFE claims process and the frequency of use varies depending upon the circumstances involved. The UCFE forms are: ETA-931, ETA-931A, ETA-933, ETA-934, ETA-935, ETA-936, ETA-939, and ETA 8-32. II. Review Focus The Department of Labor is particularly interested in comments which: • 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. III. Current Actions *Type of Review:* Regular. *Agency:* Employment and Training Administration. *Title:* ETA Handbook No. 391 (Unemployment Compensation for Federal Employees). *OMB Number:* 1205-0179. *Agency Form Number:* ETA Handbook No. 391. *Recordkeeping:* 3 years. *Affected Public:* State Government. *Total Respondents:* 53. *Average Time per Response:* Varies with each form. *Estimated Total Burden Hours:* 208.00 hours. *Total Burden Cost (capital/startup):* There are no capital startup burden costs. *Total Burden Cost (operating/maintaining):* $0. Comments submitted in response to this comment request 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: March 10, 2006. Cheryl Atkinson, Administrator, Office of Workforce Security. [FR Doc. E6-4853 Filed 4-3-06; 8:45 am] BILLING CODE 4510-30-P NATIONAL SCIENCE FOUNDATION Agency Information Collection Activities: Addendum to Comment Request AGENCY: National Science Foundation. ACTION: Submission for OMB review; comment request. SUMMARY: The National Science Foundation

(NSF)has submitted the following information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. This is the third notice for public comment; the first was published in the **Federal Register** at 70 FR 75227; the second was published at 71 FR noting one comment was received. This notice is to acknowledge a second comment received on February 16, 2006. NSF is forwarding the proposed renewal submission to the Office of Management and Budget

(OMB)for clearance simultaneously with the publication of this second notice. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(d)ways to 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 should be addressed to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for National Science Foundation, 725-17th Street, NW., Room 10235, Washington, DC 20503, and to Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230 or send e-mail to *splimpto@nsf.gov.* Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling 703-292-7556. NSF may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. SUPPLEMENTARY INFORMATION: *Comment:* On February 16, NSF received a comment from the Bureau of Economic Analysis

(BEA)requesting consideration of several additional items to add to both the academic and the FFRDC survey forms. These items were as follows: R&D expenditures that are not separately budgeted by academic institutions, foreign sources of R&D funding as well as the expenditure amounts that are passed through to foreign performers, receipts universities receive from the sale of R&D, Federal funding of R&D divided into the categories suggested by the *Frascati Manual* (Section 6.3.2, item 397), separate reporting for research software purchases, and R&D expenditures used to create software. *Response:* NSF recognizes the importance of these additional items to BEA and other stakeholders. Although NSF does not plan to add these items to the survey forms for the 2006 fiscal year, many of these are critical new indicators of R&D in the 21st century and deserve further investigation when planning the survey's future. Therefore, each of these items will be included for consideration in survey workshops with institutional respondents, in order to determine the best ways of obtaining these data with minimal respondent burden. Dated: March 30, 2006. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. 06-3210 Filed 4-3-06; 8:45 am]

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